Text of S. 1784 (113th): Oregon and California Land Grant Act of 2014 (Reported by Senate Committee version)

Calendar No. 646

113th CONGRESS

2d Session

S. 1784

[Report No. 113–307]

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

December 11, 2014

Reported by Ms. Landrieu, with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To improve timber management on Oregon and California Railroad and Coos Bay Wagon Road grant land, and for other purposes.

(a)

This Act may be cited as the Oregon and California Land Grant Act of 2013.

(b)

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—Management on Oregon and California Railroad and Coos Bay Wagon Road grant land

Sec. 101. Management on Oregon and California Railroad and Coos Bay Wagon Road grant land.

Sec. 102. Distribution of funds.

Sec. 103. Wild and Scenic River designations.

TITLE II—Tribal land

Subtitle A—Oregon Coastal Land Conveyance

Sec. 201. Definitions.

Sec. 202. Conveyance.

Sec. 203. Map and legal description.

Sec. 204. Administration.

Sec. 205. Forest management.

Sec. 206. Land reclassification.

Subtitle B—Canyon Mountain Land Conveyance

Sec. 211. Definitions.

Sec. 212. Conveyance.

Sec. 213. Map and legal description.

Sec. 214. Administration.

Sec. 215. Forest management.

Sec. 216. Land reclassification.

Subtitle C—Amendments to Coquille Restoration Act

Sec. 221. Amendments to Coquille Restoration Act.

TITLE III—Oregon treasures

Subtitle A—Wild Rogue Wilderness Area

Sec. 301. Wild Rogue Wilderness Area.

Subtitle B—Devil’s Staircase Wilderness

Sec. 311. Definitions.

Sec. 312. Devil’s Staircase Wilderness, Oregon.

Sec. 313. Wild and Scenic River designations, Wasson Creek and Franklin Creek, Oregon.

Subtitle C—Additional wild and scenic river designations and technical corrections

Sec. 321. Designation of Wild and Scenic River segments, Molalla River, Oregon.

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

101.

The Act of August 28, 1937 (43 U.S.C. 1181a et seq.), is amended—

(1)

by redesignating sections 2, 4, and 5 (43 U.S.C. 1181b, 1181d, 1181e) as sections 119, 120, and 121, respectively; and

(2)

by striking the first section and inserting the following:

This Act may be cited as the Oregon and California Land Grant Act.

In this Act:

(1)

The term archeological site means any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register under section 106 of the National Historic Preservation Act (16 U.S.C. 470f).

(2)

The term conservation emphasis area means covered land that is devoted to conservation uses as designated on the map under section 102(a)(2).

(3)

The term covered land means Oregon and California Railroad and Coos Bay Wagon Road grant land described in section 101.

(4)

The term Department means the Department of the Interior.

(5)

The term dry forest means—

(A)

during the 10-year period beginning on the date of enactment of the Oregon and California Land Grant Act of 2013, land generally depicted as dry forest on the map entitled O&C Land Grant Act of 2013: Moist Forests and Dry Forests and dated November 18, 2013, except that plant associations and plant association groups may be used to adjust the dry forest assignment in specific locations based on an on-the-ground field examination by the Secretary; and

(B)

after the period described in subparagraph (A), land designated as dry forest by the Secretary under section 103(b).

(6)

The term ecological forestry means forestry that—

(A)

incorporates principles of natural forest development (including the role of natural disturbances) in the initiation, development, and maintenance of stands and landscape mosaics; and

(B)

is based on the application of the best available ecological understanding of forest ecosystems in managing those ecosystems to achieve integrated environmental, economic, and cultural outcomes.

(7)

The term forestry emphasis area means covered land that is primarily devoted to a sustained yield of timber harvest over time, as designated on the map under section 102(a)(1).

(8)

The term key watershed means a watershed that—

(A)

is critical to 1 or more populations of native fish;

(B)

provides high quality water; and

(C)

is the same as 1 of the key watersheds designated under the Northwest Forest Plan.

(9)

The term moist forest means—

(A)

during the 10-year period beginning on the date of enactment of the Oregon and California Land Grant Act of 2013, land generally depicted as moist forest on the map entitled O&C Land Grant Act of 2013: Moist Forests and Dry Forests and dated November 18, 2013, except that plant associations and plant association groups may be used to adjust the dry forest assignment in specific locations based on an on-the-ground field examination by the Secretary; and

(B)

after the period described in subparagraph (A), land designated as moist forest by the Secretary under section 103(b).

(10)

The term Monument means the Cascade-Siskiyou National Monument (as defined in section 1401 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 431 note; Public Law 111–11)).

(11)

(A)

The term nest tree means a tree that—

(i)

is currently in use by a northern spotted owl for nesting; or

(ii)

has been documented to have been used by a northern spotted owl for nesting during the previous 5-year period.

(B)

The term nest tree does not include a tree that has been used by a northern spotted owl for nesting during the previous 5-year period if the tree—

(i)

is located in an area in which a major disturbance (such as a crown fire, tree defoliating insect or disease outbreak, or blow down) has occurred during the period; and

(ii)

is not currently being occupied by a northern spotted owl.

(12)

The term old growth means—

(A)

in the case of a moist forest, trees that are—

(i)

greater than 150 years of age measured at breast height; or

(ii)

(I)

in a stand of trees in which the average stand age is 120 years or greater as of the date of enactment of the Oregon and California Land Grant Act of 2013; and

(II)

generally depicted as old growth stands on the map entitled O&C Land Grant Act of 2013: Legacy Old Growth Protection Network and dated November 18, 2013; and

(B)

in the case of a dry forest, trees that are greater than 150 years of age measured at breast height.

(13)

The term older trees means trees that are older than 100 years of age but less than 150 years of age measured at breast height as of the date of enactment of the Oregon and California Land Grant Act of 2013.

(14)

The term residence means a privately owned, permanent structure that is—

(A)

maintained for habitation as a dwelling or workplace; and

(B)

located in an area with a density that is greater than 1 structure per 20 acres.

(15)

The term riparian reserve means an area that is—

(A)

solely devoted to achieving the goals for the aquatic conservation strategy described in section 102(e); and

(B)

generally located along a river, stream, lake, wetland, or other hydrologic feature or unstable or potentially unstable area for which special standards and guidelines direct land use.

(16)

(A)

The term salmon means any of the wild anadromous Oncorhynchus species that occur in the State.

(B)

The term salmon includes—

(i)

chinook salmon (Oncorhynchus tshawytscha);

(ii)

coho salmon (Oncorhynchus kisutch);

(iii)

chum salmon (Oncorhynchus keta);

(iv)

steelhead trout (Oncorhynchus mykiss); and

(v)

coastal cutthroat trout (Oncorhynchus clarkii clarkii).

(17)

The term Secretary means the Secretary of the Interior, acting through the Bureau of Land Management.

(18)

The term site-potential tree height means the average maximum height of the tallest dominant trees that are 200 years of age for a given site class.

(19)

The term stands less than or equal to 80 years of age means stands of trees in forestry emphasis areas that are less than or equal to 80 years of age as generally depicted on the map entitled O&C Land Grant Act of 2013: Forest Stands Less Than or Equal to 80 Years of Age and dated November 18, 2013.

(20)

The term State means the State of Oregon.

(21)

The term sustained yield means the timber yield that can be sustained under a specific management intensity consistent with multiple-use objectives on forestry emphasis areas.

(22)

The term tree tipping means the intentional felling and placement of trees in a stream or on the forest floor during timber harvest operations.

(23)

The term watershed analysis means an analysis of the geomorphic and ecological processes in watersheds to determine the ecological importance of streams and riparian areas.

(24)

The term watershed protection means sustaining and enhancing watershed functions that affect the plant, animal, and human communities within a watershed boundary.

(25)

The term watershed restoration means a comprehensive, long-term restoration intended to restore watershed health and an aquatic ecosystem, including the habitat supporting fish and other aquatic and riparian-dependent organisms and the ecological processes that create and maintain habitats.

101.

(a)

Notwithstanding the Act of June 9, 1916 (39 Stat. 218, chapter 137), and the Act of February 26, 1919 (40 Stat. 1179, chapter 47), such portions of the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant land as are under the jurisdiction of the Department and are classified as timberland or power-site land valuable for timber shall be managed in accordance with this Act.

(b)

Except as specifically provided in this Act, nothing in this Act modifies any designation or conveyance of any portion of the covered area as in effect on the day before the date of enactment of the Oregon and California Land Grant Act of 2013.

102.

(a)

As designated on the map entitled O&C Land Grant Act of 2013: Forestry Emphasis Areas and Conservation Emphasis Areas and dated November 18, 2013, covered land shall be allocated into—

(1)

forestry emphasis areas; and

(2)

conservation emphasis areas.

(b)

Covered land shall be managed in a manner that is consistent with this Act and under management strategies that—

(1)

consider human and economic dimensions of the management of covered land;

(2)

protect the long-term health of forests, wildlife, and waterways;

(3)

are scientifically sound, ecologically credible, and legally responsible;

(4)

produce a predictable and sustainable level of timber sales and nontimber resources that do not significantly degrade the environment; and

(5)

emphasize collaboration among the Federal agencies responsible for management of covered land.

(c)

(1)

Forestry emphasis areas shall be managed for permanent forest production.

(2)

Timber from forestry emphasis areas shall be sold, cut, and removed in conformity with the principle of sustained yield and ecological forestry for the purposes of—

(A)

providing a permanent source of timber supply;

(B)

protecting watersheds;

(C)

regulating stream flow;

(D)

contributing to the economic stability of local communities and industries; and

(E)

providing recreational facilities and opportunities.

(d)

(1)

Except as provided in paragraph (3), the Secretary shall prohibit the cutting or removal of any old growth in a covered area.

(2)

(A)

The stands depicted on the map entitled O&C Land Grant Act of 2013: Legacy Old Growth Protection Network and dated November 18, 2013, shall be designated as the Legacy Old Growth Protection Network to provide for the protection, preservation, and enhancement of ecological, scenic, cultural, watershed, and fish and wildlife values.

(B)

The Secretary shall—

(i)

prohibit harvest of trees within the areas designated under subparagraph (A); and

(ii)

only allow uses that are consistent with the purposes described in subparagraph (A).

(3)

(A)

Paragraph (1) shall not apply if the Secretary determines that there is no reasonable alternative to the cutting or removal of an old growth tree for a purpose described in this paragraph.

(B)

An old growth tree may be cut or removed for administrative purposes to carry out a construction or maintenance project if the project would cost more than an additional $3,000 to complete to meet the objectives of the project if the old growth tree is not removed.

(C)

An old growth tree may be cut or removed for public safety purposes if—

(i)

a federally employed forester or certified arborist determines the old growth tree is likely to fall within 1 year; and

(ii)

the fall of the old growth tree could—

(I)

injure a member of the public or an employee of the Department that regularly is in the vicinity of the old growth tree; or

(II)

cause property damage in excess of $3,000.

(D)

An old growth tree may be cut or removed for scientific purposes as part of a research project if the Director of the National Applied Resource Sciences Center—

(i)

approves the research project; and

(ii)

determines there is an advantageous reason to cut an old growth tree on land on which the research project will be carried out rather than on other land managed by the Secretary.

(E)

(i)

An old growth tree may be cut or removed for special use purposes that are limited to—

(I)

a utility right-of-way, if there is no reasonable alternative; or

(II)

a cultural use by a federally recognized Indian tribe.

(ii)

Before allowing a special use under this subparagraph, the Secretary shall conduct an informal rulemaking with a 90-day public comment period.

(F)

In carrying out this paragraph, the Secretary shall—

(i)

provide public notice of the location of the trees;

(ii)

certify the reasons for allowing the cutting or removal of old growth trees under this paragraph; and

(iii)

seek public comment on the cutting or removal for at least 7 days if more than 5 trees will be cut or removed within a 30-day period in the same 5-level hydrologic unit code watershed.

(G)

Any tree cut or removed under this paragraph may not be sold commercially.

(4)

Not later than 1 year after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall develop protocols for identifying trees greater than 150 years of age at breast height.

(e)

(1)

The primary focus of aquatic and riparian protection in the covered area shall be to protect, maintain, and restore natural ecological functions and processes beneficial to water quality and quantity, including temperature and turbidity, native fish and wildlife, and watershed resilience, including the continued provision of ecosystem services.

(2)

(A)

The Secretary shall carry out an aquatic conservation strategy to promote the objectives described in paragraph (1) and the resiliency of the aquatic ecosystems consistent with the goals of the aquatic conservation strategy.

(B)

The goals of the aquatic conservation strategy shall be—

(i)

to protect, maintain, and restore aquatic ecosystems and the associated ecological processes for fish, other aquatic organisms, riparian-dependent species, and human needs across a region;

(ii)

to manage aquatic ecosystems in a manner that recognizes that fish and other aquatic organisms evolved within a dynamic environment that is constantly influenced and changed by geomorphic and ecological disturbances;

(iii)

to protect important drinking water source areas and maintain and restore water quality necessary to support healthy riparian, aquatic, and wetland ecosystems; and

(iv)

to protect, maintain, and restore in-stream flows sufficient to create and sustain riparian, aquatic, and wetland habitats and to retain patterns of sediment, nutrient, and wood routing.

(3)

The aquatic conservation strategy shall incorporate the key components of the aquatic conservation strategy described in paragraph (2), which shall operate to maintain and restore the productivity and resiliency of riparian and aquatic ecosystems, including—

(A)

riparian reserves;

(B)

watershed analysis;

(C)

key watersheds; and

(D)

watershed restoration.

(4)

(A)

Riparian reserves shall be established in the covered area to protect, maintain, and restore ecosystem health at watershed and landscape scales and to promote the objectives described in paragraph (1), consistent with section 103(f) for the forestry emphasis areas and section 105(c) for the conservation emphasis areas.

(B)

(i)

Management and restoration activities in riparian reserves shall only be undertaken to protect, maintain, or restore aquatic resources as provided in this subsection.

(ii)

Except as provided in section 103(f), timber harvest in riparian reserves shall only occur in stands less than or equal to 80 years of age.

(5)

(A)

Key watersheds, drinking water emphasis areas, and drinking water special management units established under sections 108, 109, 110, and 111 shall have the highest priority for watershed restoration and protection in the covered area.

(B)

Watershed analysis shall be required before timber harvests occur in key watersheds, other than minor activities that are categorically excluded under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(C)

The Secretary is encouraged to work with adjacent private landowners who have agreed to cooperate with Secretary to further the purposes of this section.

(6)

(A)

The total quantity of system and nonsystem roads on covered land shall be less than or equal to the total quantity of system and nonsystem roads on covered land as of the date of enactment of the Oregon and California Land Grant Act of 2013.

(B)

Not later than the earlier of the date that is 1 year after the vegetation management project is completed or the date that is 2 years after the activities for which a temporary road was constructed are completed, temporary roads that are constructed on covered land, if necessary, shall be made benign by—

(i)

closing the temporary roads; and

(ii)

(I)

decommissioning the temporary roads; or

(II)

placing the temporary roads into short-term storage.

(C)

To the maximum extent practicable and subject to the availability of appropriations, the Secretary shall reduce the total quantity of road miles for system and nonsystem roads, with priority for road reductions given to key watersheds.

(D)

The Secretary shall prohibit the construction of any new permanent system road in any portion of the covered land within the key watersheds and drinking water protection areas of the covered land unless the construction contributes to achieving the goals of the aquatic conservation strategy.

(E)

The Secretary shall prohibit the construction of any new road in any inventoried roadless area on covered land in key watersheds, drinking water emphasis areas, and conservation emphasis areas.

(F)

In carrying out a watershed analysis under this Act, the Secretary shall identify roads that the Secretary determines could be closed or decommissioned.

(7)

(A)

During periods of timber harvesting, the Secretary shall carry out tree tipping activities on riparian reserves on covered land, as the Secretary determines necessary, to improve timber delivery to streams.

(B)

The Secretary shall annually use approximately $1,000,000 of amounts made available under this Act to transport and place large trees in streams on Federal, State, or private land to improve the quality of fish habitat, as the Secretary determines necessary.

103.

(a)

(1)

Silvicultural activities shall be conducted in a forestry emphasis area, and the forestry emphasis area shall be managed, in accordance with this section.

(2)

Management actions shall be considered in the environmental impact statement required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 104(a).

(b)

(1)

During the 10-year period beginning on the date of enactment of the Oregon and California Land Grant Act of 2013, the moist and dry forests shall be determined as depicted on the map entitled O&C Land Grant Act of 2013: Moist Forests and Dry Forests, and dated November 18, 2013, except that plant associations and plant association groups may be used to adjust the dry and moist forest assignments in specific locations based on an on-the-ground field examination by the Secretary.

(2)

Not later than 10 years after the date of enactment of the Oregon and California Land Grant Act of 2013 and every 10 years thereafter, the Secretary shall reevaluate the initial assignments of land areas in moist forest and dry forest categories in forestry emphasis areas under paragraph (1) based on—

(A)

plant association groups; and

(B)

the criteria described in this subsection.

(3)

For purposes of this subsection, moist forests generally—

(A)

experience infrequent wildfires at intervals of 1 to several centuries, including extensive areas in which fire severity results in stand-replacement conditions; and

(B)

include the following plant association groups:

(i)

the Western Hemlock (Tsuga heterophylla) series;

(ii)

the Sitka Spruce (Picea sitchensis) series;

(iii)

the Western Redcedar (Thuja plicata) series;

(iv)

the Pacific Silver Fir (Abies amabilis) series;

(v)

the Mountain Hemlock (Tsuga mertensiana) series;

(vi)

the Subalpine Fir-Engelmann Spruce (Abies lasiocarpa-Picea engelmannii) series;

(vii)

the Tanoak (Lithocarpus densiflorus) series;

(viii)

the Moist Grand Fir (Abies grandis) plant association group; and

(ix)

the Moist White Fir (Abies concolor) plant association group.

(4)

For purposes of this subsection, dry forests generally—

(A)

experience relatively frequent and predominantly low- and mixed-severity fires; and

(B)

include the following plant association groups:

(i)

the Moist Grand Fir (Abies grandis) plant association group;

(ii)

the Moist White Fir (Abies concolor) plant association group;

(iii)

the Ponderosa Pine (Pinus ponderosa) series;

(iv)

the Oregon White Oak (Quercus garryana) series;

(v)

the Douglas-fir (Pseudotsuga menziesii) series;

(vi)

the Jeffrey Pine (Pinus jeffreyi) series;

(vii)

the Dry Grand Fir (Abies grandis) plant association group; and

(viii)

the Dry White Fir (Abies concolor) plant association group.

(5)

(A)

For purposes of this Act, a site characterized as a Moist Grand Fir or a Moist White Fir plant association group may be considered moist forest or dry forest based on the condition of the land, landscape context, and management goals.

(B)

On a site at which dry and moist forests combine and are not readily separated, management shall be based on the dominant type in terms of area.

(6)

In carrying out this subsection, the Secretary shall—

(A)

provide the public a period of not less than 60 days to comment on the redesignation of moist forests and dry forests; and

(B)

redesignate moist forests and dry forests once every 10 years.

(c)

(1)

Vegetation treatments shall be developed consistent with this subsection.

(2)

A vegetation treatment under this section shall be—

(A)

considered in the environmental impact statement required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 104(a); and

(B)

designed to produce no significant negative effects on—

(i)

cultural sites of federally recognized Indian tribes;

(ii)

inventoried roadless areas;

(iii)

the existing integrity of archeological sites;

(iv)

highly erodible land;

(v)

wetland under the jurisdiction of the Corps of Engineers or delineated by the Natural Resources Conservation Service; and

(vi)

species listed as endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), unless incidental take statements have been issued for the listed species.

(3)

A proposed silvicultural treatment on land described in clauses (i) through (v) of paragraph (2)(B) shall seek to produce no significant negative impact primarily by—

(A)

not harvesting trees, or operating heavy equipment, on the sites; or

(B)

mitigating the impact of the treatment through actions such as the capping of archeological sites with wood chips, except that relying on mitigation measures to achieve no significant negative impact may only be used infrequently for timber sales.

(4)

A vegetation treatment analyzed as part of the environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 104(a) for land identified by the Secretary as part of northern spotted owl recovery plan Action 10 or 32 can only occur if the Secretary, acting through the United States Fish and Wildlife Service, releases an opinion that the proposed vegetative treatment is—

(A)

compatible with requirements under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) for the northern spotted owl, considered over the long-term; or

(B)

necessary to address a severe threat of disease, insects, or fire.

(5)

(A)

In addition to standards under any applicable environmental law, a vegetation treatment for a timber sale under this section shall be designed so that the sale does not result in measurable, significant negative impacts on water quality.

(B)

For the purposes of assessing potential negative impacts on water quality under this section from vegetation treatments, the Secretary shall only consider water quality—

(i)

at the time of the determination to determine the present condition; and

(ii)

at a time that is 5 years after the date of the initial determination and that is at least 2 years after the date of the timber sale.

(6)

(A)

No nest tree shall be cut in a forestry emphasis area unless the nest tree poses a repeated, imminent threat to the safety of the public or employees of the Department.

(B)

(i)

Not earlier than 180 days before the date the Secretary plans to offer a timber sale in a forestry emphasis area, the Secretary shall survey the timber sale area to locate potential nest trees that the Secretary has not located.

(ii)

The duration of the survey shall be such that the Secretary shall have an employee survey for nest trees at a rate of 1 day for each 100 acres of the timber sale.

(C)

During the 14-day period beginning on the date a consistency document required under section 104(d) is completed for a project, the Secretary shall accept information from the public concerning the location of nest trees.

(D)

The Secretary shall ensure that the protections required under this Act are provided for verified nest trees.

(7)

Consistent with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), if the harvest of timber within a limited area of marbled murrelet habitat would provide benefits to a forest ecosystem (including the increased diversity of stand structure, composition, and age and reducing the scarcity of early successional habitat), the harvest may occur if the Secretary confers with the Director of the United States Fish and Wildlife Service in selecting areas within marbled murrelet habitat in which timber harvests may occur.

(8)

(A)

The Secretary shall, to the maximum extent practicable, provide a sustained yield of timber harvest, averaged over a 10-year period, from the forestry emphasis area, that is calculated assuming an ecological forestry approach, unless the action will have severe adverse environmental, economic, or social consequences.

(B)

The Secretary shall calculate the sustained yield for a 50-year period as part of the environmental impact statement required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 104(a).

(C)

In calculating the sustained yield from a forestry emphasis area, the Secretary shall not include the volume of timber that could be offered from reserved areas, such as conservation emphasis areas.

(d)

(1)

Forestry emphasis areas that are designated as moist forests under this section shall be managed in accordance with the principles of ecological forestry (including principles relating to variable retention regeneration harvests) described in paragraph (2).

(2)

The ecological forestry principles referred to in paragraph (1) include—

(A)

the retention of old growth;

(B)

the seeking of opportunities to retain older trees if practicable;

(C)

the acceleration of the development of structural complexity, including spatial heterogeneity, in younger stands, through the use of diverse silvicultural approaches, such as variable density and clump-based prescriptions;

(D)

the implementation of variable retention regeneration harvesting activities that retain approximately 1/3 of the live basal area of the forest within the harvest area, primarily in aggregates, including riparian and other reserves and dispersed individual and small clusters of conifers and hardwoods within the harvest area unit, a portion of which may be used for snag creation, except that old growth stands shall not be considered as part of the 1/3 basal area retention;

(E)

the development and maintenance of early seral ecosystems with diverse species following harvesting activities through the use of less intense approaches to site preparation and tree regeneration and nurturing of diverse early seral ecosystems;

(F)

the use of rotations of sufficient length to allow stands to redevelop with levels of structural complexity and biodiversity characteristics of late-successional stands, but when the stands reach the rotation age of the stands, the stands will be regenerated through variable-retention harvesting; and

(G)

the establishment of a silvicultural system that includes the development and management of multiaged, mixed-species stands on harvest rotation periods of 80 to 120 years.

(3)

(A)

The Secretary shall designate not less than 8 percent and not more than 12 percent of the moist forests described in paragraph (1) as land on which the Secretary shall carry out variable retention regeneration harvesting activities, consistent with this section, during each 10-year period in a manner consistent with the environmental impact statement required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 104(a).

(B)

The moist forests designated as variable retention regeneration harvest land under subparagraph (A) shall not be limited to stands that have generally reached the culmination of mean annual increment.

(4)

(A)

The Secretary shall carry out thinning activities in the moist forests described in paragraph (1) to promote tree growth and ecological health and variability.

(B)

The goal of thinning activities under this paragraph shall be to establish spatially variable stand densities and complex canopies using thinning regimes that enhance the structural and compositional diversity of the stand and individual tree development.

(C)

(i)

In carrying out thinning activities under this paragraph, the Secretary shall not reduce the total basal area of the stand (as determined on the date on which the thinning activities commence) by more than 50 percent.

(ii)

The Secretary shall exclude old growth trees from thinning activities under this paragraph.

(e)

(1)

Forestry emphasis areas that are designated as dry forests under this section shall be managed in accordance with ecological forestry principles described in paragraph (2) and, as determined necessary by the Secretary, with fire resiliency needs, consistent with this subsection.

(2)

The ecological forestry principles referred to in paragraph (1) include—

(A)

the retention and improvement of the survivability of old growth trees through the reduction of adjacent fuels and competing vegetation to promote resilience against mortality from insects, disease, and fire;

(B)

the retention and protection of important structures such as large hardwoods, snags, and logs;

(C)

the reduction of overall stand densities through partial cutting in an effort to—

(i)

reduce basal areas to desired levels, particularly in overstocked stands;

(ii)

increase the mean stand diameter;

(iii)

shift the composition of stands to fire- and drought-tolerant species; and

(iv)

retain older trees for replacement purposes;

(D)

the restoration of spatial heterogeneity through the variation of the treatment of stands, such as by leaving untreated patches, creating openings of not more than 2.5 acres, and establishing tree clumps and isolated single trees;

(E)

the establishment of new tree cohorts of shade-intolerant species in created openings, generally varying in size between 0.2 and 2.5 acres;

(F)

the harvesting of timber during the restoration process;

(G)

the maintenance of sustainable and fire-resilient conditions in perpetuity through active management of the dry forests in accordance with this subsection, including the treatment of activity fuels and the restoration of historic levels of surface fuels and understory vegetation using prescribed fire and mechanical activities;

(H)

the planning and implementation of activities at the landscape level to maintain not less than 1/3 of the dry forests as denser landscape-scale patches to provide greater forest density for endangered and threatened species and their prey; and

(I)

the retention of a basal area after a partial cut that is not less than 35 percent of the initial basal area of the sale area.

(3)

(A)

(i)

For a forestry emphasis area that is designated as a dry forest under this section and located within .25 miles of a residence, the primary purpose of any vegetation treatment carried out by the Secretary on that land shall be to manage fuel loadings to reduce the risk to the residence posed by wildfire.

(ii)

(I)

In carrying out vegetation treatment activities on land described in clause (i), the Secretary shall—

(aa)

cut and remove trees and brush to eliminate the vertical continuity of vegetative fuels and the horizontal continuity of tree crowns for the purpose of reducing flammable materials and maintaining a shaded fuelbreak to reduce fire spread, duration, and intensity; and

(bb)

treat surface fuels (including activity fuels, low brush, and deadwood) on that land that could promote the spread of wildfire in a manner designed to achieve an average of a 4-foot maximum flame length under average severe fire weather conditions.

(II)

If a timber sale is planned within 1/2 mile of a residence, the Secretary is encouraged to carry out vegetation treatment activities on that Federal land at the same time as the timber sale.

(III)

A county may carry out a fuel reduction project on the land described in clause (i) in a manner consistent with subclause (I) if—

(aa)

the county notifies the Secretary of the intent of the county to carry out the project, including a description of the project and duration of the project;

(bb)

the Secretary determines the project is consistent with this Act and is in the best interest of the public; and

(cc)

the county carries out the project using county funds, which may include amounts made available to the county under this Act.

(iii)

In prioritizing fire resiliency projects under this subparagraph, the Secretary or the county may use project recommendations received from a resource advisory council or described in a community wildfire protection plan.

(B)

(i)

A person may enter and treat any forestry emphasis area that is designated as a dry forest under this section that is located within 100 feet of the residence of that person without a permit from the Secretary if—

(I)

the treatment is carried out at the expense of the person;

(II)

the person notifies the Secretary of the intent to treat that land; and

(III)

the person carries out the treatment activities in accordance with clause (iii).

(ii)

(I)

Not less than 30 days before beginning to treat land described in clause (i), the person shall notify the Secretary of the intention of that person to treat that land.

(II)

Not less than 15 days before the date of the commencement of treatment actions, the person shall notify the Secretary before beginning the treatment.

(iii)

A person treating land described in clause (i) shall carry out the treatment as follows:

(I)

No dead tree, nest tree, old growth, or tree greater than 24 inches in diameter shall be cut.

(II)

Any residual trees shall be pruned—

(aa)

to a height of the lesser of 10 feet or 50 percent of the crown height of the tree; and

(bb)

such that all parts of the tree are at not less than 10 feet away from the residence.

(III)

Vegetation shall be cut such that—

(aa)

less flammable species are favored for retention; and

(bb)

the adequate height and spacing between bushes and trees are maintained.

(IV)

No herbicide or insecticide application shall be used.

(V)

All slash created from treatment activities under this subparagraph shall be removed or treated not later than 60 days after the date on which the slash is created.

(f)

(1)

(A)

In carrying out the aquatic conservation strategy in forestry emphasis areas, the Secretary shall establish riparian reserves that—

(i)

in the case of land located along a fish-bearing stream, are 1 site-potential tree height or 150 feet slope distance, whichever is greater;

(ii)

in the case of land located along a permanently flowing nonfish-bearing stream, are 1/2 of a site-potential tree height or 75 feet slope distance, whichever is greater;

(iii)

in the case of land located along a seasonally flowing or intermittent stream, are whichever is greater among—

(I)

the stream channel to the top of the inner gorge and out to the edge of the riparian vegetation;

(II)

a distance of 1/2 of a site-potential tree height; or

(III)

75-feet slope distance;

(iv)

in the case of a wetland greater than 1 acre, a lake, or a natural pond, are whichever is greater among—

(I)

the body of water and land located along the wetland, lake, or pond to the outer edges of riparian vegetation;

(II)

a distance of 2 site-potential tree height; or

(III)

300-feet slope distance;

(v)

in the case of a constructed pond or a reservoir, are the area from the maximum pool elevation to a distance equal to the height of 1 site-potential tree or 150-feet slope distance, whichever is greater; and

(vi)

in the case of a wetland that is less than 1 acre or an unstable or potentially unstable area, are whichever is greater among—

(I)

the extent of the unstable and potentially unstable area or the wetland less than 1 acre, as applicable, to the outer edges of the riparian vegetation;

(II)

a distance of 1 site-potential tree height; or

(III)

150-feet slope distance.

(B)

(i)

For a nonfish-bearing stream, the Secretary shall establish a buffer of an additional 1/2 of a site-potential tree height or 75 feet slope distance, whichever is greater, which buffer shall be available for timber management using ecological forestry principles while maintaining wood delivery to streams.

(ii)

(I)

A timber harvest on the buffer land described in clause (i) shall be—

(aa)

conducted in accordance with the principles of ecological forestry; and

(bb)

be limited to stands less than or equal to 80 years of age.

(II)

(aa)

Subject to item (bb), in dry forests, timber harvest may occur in a stand that exceeds 80 years of age if the harvest is carried out for a compelling ecological reason, such as to protect the stand from insect outbreak or destructive wildfire.

(bb)

An old growth tree shall not be included in a timber harvest under item (aa).

(2)

(A)

Not later than 90 days after the date of enactment of the Oregon and California Land Grant Act of 2013, a scientific committee established by the Secretary shall develop criteria to be used in carrying out a watershed analysis for forestry emphasis areas.

(B)

(i)

The committee established under subparagraph (A) shall be comprised of 5 individuals who—

(I)

are not full-time employees of the Bureau of Land Management; and

(II)

have expertise relating to aquatic and riparian ecosystems.

(ii)

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the committee established under this paragraph.

(C)

The criteria developed under subparagraph (A) shall include at a minimum—

(i)

the importance of the streams to salmon populations;

(ii)

the impacts of thermal loading;

(iii)

water quality; and

(iv)

the potential for the delivery or deposition of sediment and wood from upslope sources.

(D)

(i)

The Secretary shall use the criteria established by the scientific committee to determine the ecological importance of fish-bearing streams and nonfish-bearing streams.

(ii)

The Secretary shall make the determinations described in clause (i) available to the public at the time the Secretary submits the report to the scientific committee.

(E)

(i)

Not later than 210 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall submit to the scientific committee established under subparagraph (B) a watershed analysis that includes the fish-bearing streams and nonfish-bearing streams in key watersheds categorized by ecological importance.

(ii)

Not later than 240 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the scientific committee shall submit comments to the Secretary on the determinations made by the Secretary of the ecological importance of the streams within the covered area.

(iii)

The scientific committee shall use only the criteria established under subparagraph (C) to evaluate the determinations made by the Secretary.

(iv)

On receipt by the Secretary, the comments submitted by the scientific committee shall be made publically available.

(F)

(i)

The Secretary shall—

(I)

revise the watershed analysis, as the Secretary considers necessary; and

(II)

consider the comments submitted by the scientific committee.

(ii)

The revised watershed analysis shall be used in preparing and included in whole in each draft environmental impact statement developed under section 104(a)(1).

(G)

The results of the watershed analysis shall be available for use in conservation efforts on other Federal land and on non-Federal land.

(3)

(A)

In accordance with the watershed analysis, the Secretary shall revise the riparian reserves on the forestry emphasis areas.

(B)

The revisions shall be reflected in—

(i)

the initial environmental impact statements prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 104(a); and

(ii)

each subsequent 10-year environmental impact statement.

(C)

The Secretary shall revise the riparian buffer system as follows:

(i)

For a riparian reserve located along a fish-bearing stream, lake, or wetland, that the Secretary determines, based on the watershed analysis, to be of minimal ecological importance, the size of the riparian reserve shall be 100 feet slope distance.

(ii)

For a riparian reserve located along a nonfish-bearing stream, lake, or wetland that the Secretary determines, based on the watershed analysis, to be of minimal ecological importance, the size of the riparian reserve shall be 50 feet slope distance.

(iii)

For a riparian reserve located along a fish-bearing or nonfish-bearing stream, lake, or wetland that the Secretary determines, based on the watershed analysis, to be of significant ecological importance, the size of the riparian reserve shall be 1 site-potential tree height or 150 feet slope distance, whichever is greater.

(iv)

The total amount of riparian reserves within each 5th-level hydrologic unit code watershed in the forestry emphasis areas shall equal at least 75 percent and not more than 125 percent of the previous riparian reserves established under paragraph (1).

(D)

(i)

The Secretary shall establish buffers for the riparian reserves described in clauses (i) and (ii) of subparagraph (C) that extend out to 1-site potential tree.

(ii)

The buffers shall be managed in the same manner as the buffers described in paragraph (1)(B).

(E)

The Secretary shall manage the revised riparian reserve areas described in subparagraph (D) in accordance with the following standards:

(i)

Timber harvest within riparian reserves shall be restricted to thinning stands less than or equal to 80 years of age to achieve the goals of the aquatic conservation strategy.

(ii)

Timber harvest, roads, grazing, mining, recreation, and all other activities shall be compatible with achievement of the goals of the aquatic conservation strategy in order to occur.

(iii)

Riparian-dependent and stream resources shall receive primary emphasis in riparian reserve landscapes.

(4)

Forestry emphasis areas designated as Drinking Water Emphasis Area and depicted as such on the maps entitled O&C Land Grant Act of 2013: McKenzie Drinking Water Area, O&C Land Grant Act of 2013: Hillsboro Drinking Water Area, O&C Land Grant Act of 2013: Clackamas Drinking Water Area, and O&C Land Grant Act of 2013: Springfield Drinking Water Area and dated November 18, 2013, and riparian areas within key watersheds shall not be subject to this subsection but shall instead be subject to section 105(c).

(g)

(1)

(A)

Not later than 150 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall select locations in forestry emphasis areas in which the Secretary intends to harvest timber during—

(i)

the 10-year period covered by the environmental impact statement prepared under the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 104(a); and

(ii)

each subsequent 10-year period covered by an environmental impact statement.

(B)

The areas selected under subparagraph (A) shall reflect a prioritization plan and harvest levels, including the sustained yield, identified in the environmental impact statement prepared under the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 104(a).

(C)

The Secretary shall seek public comments for 45 days on the selection of the areas under subparagraph (A).

(D)

(i)

The Secretary shall revise the prioritization plan for forestry emphasis areas, as the Secretary considers necessary, based on the public comments received.

(ii)

The revised prioritization plan for forestry emphasis areas shall be used in preparing and included in whole in each draft environmental impact statement developed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 104(a).

(2)

(A)

The Secretary shall develop plans for the moist forest portions of the forestry emphasis area and dry forest portions of the covered area.

(B)

The plans described in subparagraph (A) shall include—

(i)

landscape level plans showing the areas of the moist forest landscapes that will result in distribution of variable retention regeneration harvests to ensure desired placement and the appropriate scale of implementation; and

(ii)

areas that will, in the case of a moist forest site, accelerate development of complex forest structure, including opportunities to create spatial heterogeneity (such as creating skips and gaps), in a young stand that has a canopy that has—

(I)

closed; and

(II)

been simplified through past management.

(C)

(i)

The dry forest plans described in subparagraph (A) shall include—

(I)

a landscape level plan showing the areas of any dry forest landscape that will be left in a denser condition for the first 30 years after the date of enactment of the Oregon and California Land Grant Act of 2013;

(II)

the areas of any dry forest that may be considered for thinning or restoration treatments beginning on the date that is 30 years after the date of enactment of the Oregon and California Land Grant Act of 2013; and

(III)

areas that will, in the case of a dry forest site—

(aa)

minimize and reduce the risk of unnaturally severe fire and insect outbreaks, particularly if critical components and values are at risk, including—

(AA)

communities in the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511)); and

(BB)

valuable forest structures, such as old growth and oak savannas that are in need of restoration or are in danger from potential fire risk; or

(bb)

restore historical structure and composition and improve fire resiliency.

(ii)

The areas described in clause (i)(I) shall be reevaluated in the subsequent comprehensive environmental impact statements required under section 104(a).

(D)

The Secretary shall develop the plans described in subparagraph (A) in coordination with the Director of the United States Fish and Wildlife Service to ensure the plans comply with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

(E)

Not later than 150 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall make a draft of the plans described in subparagraph (A) available for public comment for 45 days.

(F)

(i)

The Secretary shall revise landscape plans, as the Secretary considers necessary, based on the public comments received.

(ii)

The revised landscape plans shall be used in preparing and included in whole in the draft environmental impact statement developed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 104(a).

104.

(a)

(1)

Not later than 18 months after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall complete—

(A)

a large-scale comprehensive environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the moist forest in the forestry emphasis area; and

(B)

a large-scale comprehensive environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the dry forest in the forestry emphasis area.

(2)

The environmental impact statements required under paragraph (1) shall cover the 10-year period beginning on the date on which the record of decision for the environmental impact statement is issued.

(3)

The final comprehensive environmental impact statement shall be used for individual projects during the 10-year period described in paragraph (2).

(4)

No additional analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be required for individual projects under this Act unless explicitly required by this Act or there exists clear and convincing evidence regarding significant adverse environmental impacts of the project that were not considered in the comprehensive environmental impact statements.

(5)

After the initial comprehensive environmental impact statement developed under paragraph (1), each subsequent comprehensive environmental impact statement shall be prepared and be in effect for the 10-period beginning on the date on which the previous environmental impact statement expires.

(b)

(1)

Each environmental impact statement developed under subsection (a) shall analyze 3 alternatives, including—

(A)

1 no-action alternative; and

(B)

2 other alternatives that are consistent the management prescriptions and this Act for the forest type.

(2)

(A)

The analysis of effects of each environmental impact statement described in subsection (a)(1) shall be limited to the effects of the actions authorized under section 103 that are consistent with the forest type.

(B)

(i)

The information contained within the timber prioritization plan, watershed analysis, dry forest landscape plan, and moist forest landscape plan shall—

(I)

be used to develop an environmental impact statement described in subsection (a)(1); but

(II)

not be separately analyzed in an environmental impact statement described in subsection (a)(1).

(ii)

Notwithstanding the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), no analysis that is in addition to the environmental impact statement described in subsection (a)(1) shall be required under that Act for the timber prioritization plan, watershed analysis, dry forest landscape plan, and moist forest landscape plan.

(3)

(A)

Each environmental impact statement shall cover the area required to be treated in section 103(d) for moist forests and section 103(e) for dry forests.

(B)

The requirement under subparagraph (A) shall be—

(i)

distributed in a manner that is approximately equal over the 10-year period; and

(ii)

divided among the Bureau of Land Management districts in a manner that—

(I)

is approximately proportional to the yield that can be produced by those forests; and

(II)

ensures that each Bureau of Land Management district has adequate harvest and revenue to share with affected counties.

(4)

Each environmental impact statement shall include, in addition to other necessary analysis, the impacts to—

(A)

wetlands;

(B)

municipal watersheds;

(C)

inventoried roadless areas;

(D)

Indian cultural sites;

(E)

archeological sites; and

(F)

nest trees.

(c)

(1)

In this subsection:

(A)

The term agency action has the meaning given the term in section 551 of title 5, United States Code.

(B)

The term covered agency action means an agency action by the Secretary relating to the management of the forestry emphasis areas.

(C)

The term covered civil action means a civil action seeking judicial review of a covered agency action.

(2)

(A)

(i)

Not later than 7 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall publish in the Federal Register a notice of intent to prepare each of the following documents:

(I)

Comprehensive environmental impact statement for the moist forests.

(II)

Comprehensive environmental impact statement for the dry forests.

(III)

Prioritization plan for the forestry emphasis area.

(IV)

Watershed analysis.

(V)

Dry forest landscape plan.

(VI)

Moist forest landscape plan.

(ii)

During the 45-day period beginning on date on which the notice of intent is published, the Secretary shall—

(I)

provide an opportunity for public comment for the scoping process; and

(II)

solicit public comment on topics to be analyzed in the draft environmental impact statement under subparagraph (B).

(B)

(i)

Not later than 1 year after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall issue the first draft environmental impact statements described in subsection (a)(1).

(ii)

During the 60-day period beginning on the date on which the draft environmental impact statements are issued, the Secretary shall provide an opportunity for public comment on the draft environmental impact statements.

(iii)

The Secretary may not extend the period for public comment.

(iv)

During the period described in clause (ii), the public shall be able to provide comment on the prioritization plan, watershed analysis, dry forest landscape plan, and moist forest landscape plan included in the draft environmental impact statement.

(C)

(i)

The Secretary shall issue the record of decision for the final environmental impact statements—

(I)

45 days after the date on which the final environmental impact statements are issued or immediately after the Secretary responds to an objection filed under clause (ii); and

(II)

not later than 18 months after the date of enactment of the Oregon and California Land Grant Act of 2013.

(ii)

(I)

During the first 30 days of the period established under clause (i)(I), in lieu of any other appeals that may be available, any person may file an objection to the final environmental impact statements in accordance with section 105 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515).

(II)

The Secretary shall respond in writing to any objection filed under subclause (I) not later than 30 days after the date on which the objection is filed.

(iii)

If the Secretary determines than an objection filed under clause (ii) requires a revision of the final environmental impact statement, the Secretary shall—

(I)

issue a revised final environmental impact statement as soon as practicable; and

(II)

issue a record of decision not later than 30 days after the date on which the revised final environmental impact statement is issued.

(3)

(A)

A covered civil action may only be brought in the United States District Court for the District of Oregon or the United States District Court for the District of Columbia.

(B)

No objection to the record of decision shall be considered by the court that has not previously been raised in writing during the agency administrative process.

(C)

A covered civil action shall not be maintained unless commenced not later than 30 days after the date on which the covered agency action to which the covered civil action relates is final.

(D)

(i)

Discovery shall—

(I)

commence immediately after a covered civil action is commenced; and

(II)

conclude not later than 180 days after the date on which a covered civil action is commenced.

(ii)

In any covered civil action, a trial shall commence not later than 180 days after the date on which the covered civil action is commenced.

(iii)

Congress encourages a court of competent jurisdiction to expedite, to the maximum extent practicable, the proceedings in a covered civil action with the goal of rendering a final determination on the merits of the covered civil action as soon as practicable after the date on which a complaint or appeal is filed to initiate the action.

(E)

Except as provided in this section, judicial review of a covered agency action shall be conducted in accordance with chapter 7 of title 5, United States Code.

(F)

(i)

Subject to clause (ii), the length of any preliminary injunction and any stay pending appeal regarding a covered agency action shall not exceed 60 days.

(ii)

(I)

A court of competent jurisdiction may issue 1 or more renewals of any preliminary injunction, or stay pending appeal, granted under clause (i).

(II)

For each renewal of an injunction under this clause, the parties to the action shall present the court with updated information on the status of the covered agency action that is the basis of the covered civil action.

(iii)

As part of the weighing of the equities while considering any request for an injunction that applies to the covered agency action, the court shall balance the impact on the ecosystem likely to be affected by the covered agency action of—

(I)

the short- and long-term effects of undertaking the covered agency action; and

(II)

the short- and long-term effects of not undertaking the covered agency action.

(d)

(1)

For each project implemented under an environmental impact statement, the decision to proceed with the project shall be documented in a consistency document, which shall include, at a minimum—

(A)

the record prepared, including the names of interested people groups and agencies contacted;

(B)

a determination that no extraordinary circumstances exist; and

(C)

a determination that the scope of work of the project is consistent with the original analysis and assumptions in the record of decision.

(2)

The Secretary shall not implement a project described in paragraph (1) earlier than the date that is 30 days after the date on which a consistency document is made public.

(3)

(A)

The only cause of action that may be brought challenging a consistency document shall be claims that the work to be performed under the consistency document is inconsistent with the record of decision or causes adverse impacts to species not listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) at the time the record of decision was prepared but which have been listed subsequent to the record of decision.

(B)

No cause of action may be maintained under subparagraph (A) unless commenced not later than 30 days after the date on which the consistency document is issued.

(4)

With respect to work in the forestry emphasis areas that falls outside the scope of the environmental impact statements prepared under this title—

(A)

the work shall only be authorized under this title for a project that does not exceed 5,000 acres; and

(B)

environmental analysis documents required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be completed for that work.

(e)

(1)

(A)

Not later than 7 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall invite the Director of the United States Fish and Wildlife Service, the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Environmental Protection Agency, the Governor of Oregon, the heads or equivalent duly-elected tribal government leaders of federally-recognized Indian tribes with aboriginal land in the covered area, and local governments in the covered area to participate in—

(i)

the development of any environmental impact statement necessary to carry out this Act; and

(ii)

subsequently, the revision of any resource management plan necessary to carry out this Act.

(B)

(i)

Not later than 90 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the Director the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration shall commence any assessments required under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to provide adequate consultation and quantify acceptable take levels for the planned treatments and projects under the environmental impact statement.

(ii)

(I)

The Secretary may seek project-specific concurrence from the Director the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration.

(II)

For a specific project that requires a consistency document under subsection (d) and would require documentation relating to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) in accordance with subclause (I), not later than 21 days after the date on which the Secretary seeks project-specific concurrence, the Director the United States Fish and Wildlife Service or the Administrator of the National Oceanic and Atmospheric Administration, as applicable, shall—

(aa)

submit to the Secretary written concurrence that the project is not likely to adversely affect listed species or critical habitat, in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or

(bb)

notify the Secretary that formal consultation will be required.

(C)

Non-Federal entities may submit to the Secretary a request to participate in the development of any environmental impact statement and any resource management plan necessary under this Act.

(2)

Not later than 45 days after the date of enactment of the Oregon and California Land Grant Act, the Director the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration shall identify personnel that will serve as a liaison to the Secretary—

(A)

to develop the environmental impact statements and resource management plans necessary under this Act; and

(B)

address any issues at the project level under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

(3)

(A)

Each cooperating agency, the Director of the United States Fish and Wildlife Service, and the Administrator of the National Oceanic and Atmospheric Administration shall carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process for the comprehensive environmental impact statement, unless doing so would impair the ability of the agency to conduct needed analysis or otherwise carry out those obligations.

(B)

(i)

Not later than 7 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall commence informal consultation with the Director of the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration on the implementation of this Act.

(ii)

Not later than 90 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall commence formal consultation with the Director of the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration on the development of the draft environmental impact statement developed under subsection (c), in accordance with section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536).

(iii)

Not later than 1 year after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall submit to the Director of the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration the draft environmental impact statement developed under subsection (c), in accordance with section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536).

(iv)

Not later than 60 days after the date on which a draft environmental impact statement is published, the cooperating agencies shall submit to the Secretary any documents required of the cooperating agencies under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

(4)

(A)

If a disagreement between the liaisons identified in paragraph (2) cannot be resolved within 14 days, the disagreement shall be escalated to the State directors, or if there are no State directors, the regional directors.

(B)

(i)

If the State directors or regional directors, as applicable, cannot resolve the disagreement within the period beginning on the date on which the 14-day period described in subparagraph (A) expires and ending on the date that is 7 days after the date on which the 14-day period expires, the matter shall be escalated to the head of the applicable Federal agency.

(ii)

The head of the applicable Federal agency shall resolve the disagreement not later than 7 days after the date on which the disagreement is escalated under clause (i).

(5)

The Northwest Forest Plan Survey and Manage Mitigation Measure Standard and Guidelines shall not apply to forestry emphasis areas.

(6)

(A)

The State shall be considered a cooperating agency for purposes of assisting the Administrator of the National Oceanic and Atmospheric Administration in managing salmon.

(B)

The State and the Administrator of the National Oceanic and Atmospheric Administration may enter into a memorandum of understanding or an agreement under section 6 of the Endangered Species Act of 1973 (16 U.S.C. 1535) in carrying out activities under subparagraph (A).

(C)

(i)

If the Administrator of the National Oceanic and Atmospheric Administration fails to provide any necessary documentation relating to salmon required under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) within the required deadlines under this section, the Secretary shall consider as completed any documentation required of the Administrator under the environmental impact statement, unless the Secretary of Commerce notifies the Secretary of the Interior that additional time is needed.

(ii)

The Secretary of Commerce shall not delegate the authority described in clause (i).

(7)

(A)

Not later than 5 years after the date on which an environmental impact statement is developed, the Director of the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration shall reevaluate the performed and proposed work and determine if the work complies with—

(i)

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and

(ii)

the environmental impact statement.

(B)

(i)

Subject to subparagraph (A) and clause (ii), if the Director of the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration determine that reinitiation of consultation is required due to new information relating to a threatened or endangered species, changed circumstances relating to a threatened or endangered species, or changed conditions relating to a threatened or endangered species—

(I)

the consultation process under this subsection shall be reinitiated by reassessing changed circumstances or conditions relating to the threatened or endangered species not originally evaluated in the environmental impact statements; and

(II)

the supporting documentation shall be modified not later than 90 days after the date on which the consultation commences to reflect the actual conditions.

(ii)

Management activities under the comprehensive environmental impact statements developed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and subsection (a) shall continue while the modifications described in clause (i)(II) are being prepared.

(8)

(A)

The Secretary shall redesignate some of a conservation emphasis area as a forestry emphasis area and redesignate a forestry emphasis area that contains critical habitat as a conservation emphasis area if—

(i)

a species is added to the list of endangered or threatened species under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)); and

(ii)

critical habitat (as defined in section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532)) is designated within the forestry emphasis area that is incompatible with the harvest of timber under this Act.

(B)

Not later than 120 days after the date of enactment of the Oregon and California Land Grant Act, the Secretary shall identify 10,000 acres of conservation emphasis area that could be redesignated under subparagraph (A).

105.

(a)

A conservation emphasis area shall be managed in accordance with this Act and for the general purposes of ecological and conservation benefits, including providing forest reserves that include—

(1)

old growth and late successional habitat;

(2)

clean air;

(3)

water quality filtration, purification, and storage;

(4)

watershed health;

(5)

soil stabilization;

(6)

flood control;

(7)

native wildlife biodiversity;

(8)

connectivity;

(9)

long-term storage of carbon;

(10)

climate stabilization;

(11)

pollination, seed dispersal, soil formation, and nutrient cycling;

(12)

recreational, educational, and tourism opportunities; and

(13)

aesthetic, spiritual, and cultural heritage values.

(b)

(1)

The cutting, sale, or removal of timber within a conservation emphasis area may be permitted—

(A)

to the extent necessary to improve the health of the forest in a manner that—

(i)

maximizes the retention of large trees—

(I)

as appropriate to the forest type; and

(II)

to the extent that the trees promote stands that are fire resilient and healthy;

(ii)

improves the habitats of threatened or endangered species or species considered sensitive by the Secretary over the long term following completion of the project;

(iii)

maintains or restores the composition and structure of the ecosystem by reducing the risk of uncharacteristic wildfire; or

(iv)

in the case of harvests in moist forest sites, is conducted—

(I)

through variable density and clump-based thinning;

(II)

in stands up to 80 years of age to accelerate development of structurally complex forest conditions; and

(III)

in a manner that retains older trees and old growth;

(B)

to carry out an approved management activity in furtherance of the purposes of this section, if the cutting, sale, or removal of timber is incidental to the management activity; or

(C)

for de minimis personal or administrative use within the conservation emphasis area, if the use will not impact the purposes of this section.

(2)

No new or temporary roads shall be constructed or reconstructed within a conservation emphasis area after the date of enactment of the Oregon and California Land Grant Act of 2013 except as necessary—

(A)

to protect the health and safety of individuals in cases of an imminent threat of flood, fire, or any other catastrophic event that, without intervention, would result in the loss of life or property;

(B)

to carry out environmental cleanup activities required by the Federal Government;

(C)

to allow for the exercise of reserved or outstanding rights provided for by treaty or Federal law;

(D)

to prevent irreparable resource damage by a road constructed before the date of enactment of the Oregon and California Land Grant Act; or

(E)

to rectify a hazardous road condition.

(3)

Subject to valid existing rights, all Federal land within the conservation emphasis area is withdrawn from—

(A)

all forms of entry, appropriation, or disposal under the public land laws, except disposal by exchange or sale in accordance with section 117;

(B)

location, entry, and patent under the mining laws; and

(C)

disposition under all laws relating to mineral and geothermal leasing.

(c)

(1)

In carrying out the aquatic conservation strategy for conservation emphasis areas, key watersheds and drinking water emphasis areas, the Secretary shall establish riparian reserves that—

(A)

in the case of land located along a fish-bearing stream, are 2 site-potential tree height or 300-feet slope distance, whichever is greater;

(B)

in the case of land located along a permanently flowing nonfish-bearing stream, are 1 site-potential tree height or 150-feet slope distance, whichever is greater;

(C)

in the case of land located along a seasonally flowing or intermittent stream, are whichever is greater among—

(i)

the stream channel to the top of the inner gorge and out to the edge of the riparian vegetation;

(ii)

a distance of 1 site-potential tree height; or

(iii)

100-feet slope distance;

(D)

in the case of a wetland that is greater than 1 acre, a lake, or a natural pond, are whichever is greater among—

(i)

the body of water and land located along the wetland, lake, or pond to the outer edges of riparian vegetation;

(ii)

a distance 2 site-potential tree height; or

(iii)

300-feet slope distance;

(E)

(F)

in the case of a wetland that is less than 1 acre or an unstable or potentially unstable area, are whichever is greater among—

(i)

the extent of the unstable and potentially unstable area or the wetland less than 1 acre, as applicable, to the outer edges of the riparian vegetation;

(ii)

a distance of 1 site-potential tree height; or

(iii)

150-feet slope distance.

(2)

(A)

The Secretary shall regularly conduct watershed analysis and a review of aquatic and riparian resources to ensure adequate protections are being provided, consistent with the objectives described in section 102(e)(1).

(B)

Criteria considered in the analysis shall include—

(i)

the importance of the streams to salmon populations;

(ii)

the impacts of thermal loading;

(iii)

water quality; and

(iv)

the potential for the delivery or deposition of sediment and wood from upslope sources.

(C)

If a peer-reviewed, multiagency report calls for changes to the aquatic conservation strategy or any riparian reserves on the conservation land to be consistent with purposes described in section 102(e)(1), the Secretary may consider changes as part of any modifications (revisions or amendments) to the relevant resource management plans.

(d)

(1)

As soon as practicable after the date of enactment of the Oregon and California Land Grant Act, the Secretary shall prepare a map and legal description for the land described in sections 106 through 116.

(2)

The maps and legal descriptions described in paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct typographical errors in the maps and legal descriptions.

(3)

The maps and legal descriptions described in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.

106.

(a)

There is established a Rogue National Recreational Area to provide for the protection, preservation, and enhancement of recreational, ecological, scenic, cultural, watershed, and fish and wildlife values.

(b)

The Rogue National Recreation Area shall consist of certain Federal land managed by the Bureau of Land Management, comprising approximately 94,700 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Rogue National Recreation Area and dated November 18, 2013.

(c)

The Secretary shall—

(1)

administer the Rogue National Recreation Area—

(A)

in accordance with the applicable Federal laws (including regulations) and rules applicable to the Bureau of Land Management; and

(B)

consistent with section 105; and

(2)

only allow uses of the Rogue National Recreation Area that are consistent with the purposes described in subsection (a).

(d)

The use of motorized vehicles on Bureau of Land Management holdings in the Rogue National Recreation Area shall be limited to roads designated by the Secretary.

(e)

Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.

(f)

Nothing in this section creates any protective perimeter or buffer zone around the Rogue National Recreation Area.

(g)

Nothing in this section diminishes any treaty rights of any Indian tribe.

(h)

(1)

The Secretary shall reclassify the approximately 8,600 acres of Federal land generally depicted on the map described in subsection (b) as Other BLM lands as Oregon and California Railroad grant land.

(2)

The land reclassified under paragraph (1) shall be considered to satisfy any requirement to reclassify public domain land as Oregon and California Railroad grant land, including under sections 206 and 216 of the Oregon and California Land Grant Act of 2013.

107.

(a)

There is established a Molalla National Recreational Area to provide for the protection, preservation, and enhancement of recreational, ecological, scenic, cultural, watershed, and fish and wildlife values.

(b)

The Molalla National Recreation Area shall consist of certain Federal land managed by the Bureau of Land Management, comprising approximately 24,100 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Molalla National Recreation Area and dated November 18, 2013.

(c)

The Secretary shall—

(1)

administer the Molalla National Recreation Area—

(A)

in accordance with the applicable Federal laws (including regulations) and rules applicable to the Bureau of Land Management; and

(B)

consistent with section 105; and

(2)

only allow uses of the Molalla National Recreation Area that are consistent with the purposes described in subsection (a).

(d)

The use of motorized vehicles on Bureau of Land Management holdings in the Molalla National Recreation Area shall be limited to roads designated by the Secretary.

(e)

Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.

(f)

Nothing in this section creates any protective perimeter or buffer zone around the Molalla National Recreation Area.

(g)

Nothing in this section diminishes any treaty rights of any Indian tribe.

(h)

(1)

The Secretary shall reclassify the approximately 12,000 acres of Federal land generally depicted on the map described in subsection (b) as Other BLM lands as Oregon and California Railroad grant land.

(2)

108.

(a)

There is established a special resources management unit in the State consisting of certain Federal land managed by the Bureau of Land Management, generally depicted as the McKenzie Drinking Water Special Management Unit on the map entitled O&C Land Grant Act of 2013: McKenzie Drinking Water Area and dated November 18, 2013, to be known as the McKenzie Drinking Water Special Management Unit (referred to in this section as the Management Unit).

(b)

The purposes of the Management Unit are—

(1)

to ensure the protection of the McKenzie Watershed as a clean drinking water source safeguarding the water quality and quantity of the Watershed, for the residents of Lane County, Oregon; and

(2)

to allow visitors to enjoy the special scenic, natural, cultural, and fish and wildlife values of the McKenzie Watershed.

(c)

(1)

The Secretary shall—

(A)

administer the Management Unit—

(i)

in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and

(ii)

consistent with section 105; and

(B)

only allow uses of the Management Unit that are consistent with the purposes described in subsection (b).

(d)

Subject to valid existing rights, the following activities shall be prohibited on Bureau of Land Management land in the Management Unit:

(1)

Commercial livestock grazing.

(2)

The placement of new fuel storage tanks.

(3)

Except to the extent necessary to further the purposes described in subsection (b), the application of any toxic chemicals (other than fire retardants), including pesticides.

(e)

The Secretary is encouraged to work with private landowners who have agreed to cooperate with the Secretary to further the purposes of this section.

(f)

The use of motorized vehicles on Bureau of Land Management holdings in the Management Unit shall be limited to roads designated by the Secretary.

(g)

Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.

(h)

Nothing in this section creates any protective perimeter or buffer zone around the Management Unit.

(i)

Nothing in this section diminishes any treaty rights of any Indian tribe.

109.

(a)

There is established a special resources management unit in the State consisting of certain Federal land managed by the Bureau of Land Management, generally depicted as the Hillsboro Drinking Water Special Management Unit on the map entitled O&C Land Grant Act of 2013 Hillsboro Drinking Water Area and dated November 18, 2013, to be known as the Hillsboro Drinking Water Special Management Unit (referred to in this section as the Management Unit).

(b)

The purposes of the Management Unit are—

(1)

to ensure the protection of the Hillsboro Watershed as a clean drinking water source, safeguarding the quality and quantity of the Watershed, for the residents of Washington County, Oregon; and

(2)

to allow visitors to enjoy the special scenic, natural, cultural, and fish and wildlife values of the Hillsboro Watershed.

(c)

(1)

The Secretary shall—

(A)

administer the Management Unit—

(i)

in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and

(ii)

consistent with section 105; and

(B)

only allow uses of the Management Unit that are consistent with the purposes described in subsection (b).

(d)

Subject to valid, existing rights, the following activities shall be prohibited on Bureau of Land Management land on the conservation emphasis areas in the Management Unit:

(1)

Commercial livestock grazing.

(2)

The placement of new fuel storage tanks.

(3)

Except to the extent necessary to further the purposes described in subsection (b), the application of any toxic chemicals (other than fire retardants), including pesticides.

(e)

The Secretary is encouraged to work with adjacent private landowners who have agreed to cooperate with the Secretary to further the purposes of this section.

(f)

The use of motorized vehicles on Bureau of Land Management holdings in the Management Unit shall be limited to roads designated by the Secretary.

(g)

Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.

(h)

Nothing in this section creates any protective perimeter or buffer zone around the Management Unit.

(i)

Nothing in this section diminishes any treaty rights of any Indian tribe.

110.

(a)

There is established a special resources management unit in the State consisting of certain Federal land managed by the Bureau of Land Management, generally depicted as the Clackamas Drinking Water Special Management Unit on the map entitled O&C Land Grant Act of 2013: Clackamas Drinking Water Area and dated November 18, 2013, to be known as the Clackamas Drinking Water Special Management Unit (referred to in this section as the Management Unit).

(b)

The purposes of the Management Unit are—

(1)

to ensure the protection of the Clackamas Watershed as a clean drinking water source, safeguarding the water quality and quantity of the Watershed, for the residents of Clackamas County, Oregon; and

(2)

to allow visitors to enjoy the special scenic, natural, cultural, and fish and wildlife values of the Clackamas Watershed.

(c)

(1)

The Secretary shall—

(A)

administer the Management Unit—

(i)

in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and

(ii)

consistent with section 105; and

(B)

only allow uses of the Management Unit that are consistent with the purposes described in subsection (b).

(d)

Subject to valid, existing rights, the following activities shall be prohibited on Bureau of Land Management land on the conservation emphasis areas in the Management Unit:

(1)

Commercial livestock grazing.

(2)

The placement of new fuel storage tanks.

(3)

Except to the extent necessary to further the purposes described in subsection (b), the application of any toxic chemicals (other than fire retardants), including pesticides.

(e)

The Secretary is encouraged to work with adjacent private landowners who have agreed to cooperate with the Secretary to further the purposes of this section.

(f)

The use of motorized vehicles on Bureau of Land Management holdings in the Management Unit shall be limited to roads designated by the Secretary.

(g)

Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.

(h)

Nothing in this section creates any protective perimeter or buffer zone around the Management Unit.

(i)

Nothing in this section diminishes any treaty rights of any Indian tribe.

111.

(a)

There is established a special resources management unit in the State consisting of certain Federal land managed by the Bureau of Land Management, generally depicted as the Springfield Drinking Water Special Management Unit on the map entitled O&C Land Grant Act of 2013: Springfield Drinking Water Area and dated November 18, 2013, to be known as the Springfield Drinking Water Special Management Unit (referred to in this section as the Management Unit).

(b)

The purposes of the Management Unit are—

(1)

to ensure the protection of the Springfield Watershed as a clean drinking water source, safeguarding the water quality and quantity of the Watershed, for the residents of Springfield, Oregon and nearby communities; and

(2)

to allow visitors to enjoy the special scenic, natural, cultural, and fish and wildlife values of the Springfield Watershed.

(c)

(1)

The Secretary shall—

(A)

administer the Management Unit—

(i)

in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and

(ii)

consistent with section 105; and

(B)

only allow uses of the Management Unit that are consistent with the purposes described in subsection (b).

(d)

Subject to valid, existing rights, the following activities shall be prohibited on Bureau of Land Management land on the conservation emphasis areas in the Management Unit:

(1)

Commercial livestock grazing.

(2)

The placement of new fuel storage tanks.

(3)

Except to the extent necessary to further the purposes described in subsection (b), the application of any toxic chemicals (other than fire retardants), including pesticides.

(e)

The Secretary is encouraged to work with adjacent private landowners who have agreed to cooperate with the Secretary to further the purposes of this section.

(f)

The use of motorized vehicles on Bureau of Land Management holdings in the Management Unit shall be limited to roads designated by the Secretary.

(g)

Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.

(h)

Nothing in this section creates any protective perimeter or buffer zone around the Management Unit.

(i)

Nothing in this section diminishes any treaty rights of any Indian tribe.

112.

(a)

Subject to valid existing rights, the Secretary shall administer the approximately 2,050 acres of Bureau of Land Management land generally depicted as ‘Cascade Siskiyou National Monument Expansion’ on the map entitled O&C Land Grant Act of 2013: Cascade-Siskiyou National Monument Expansion and Pacific Crest Trail Protection Corridor and dated November 18, 2013, as part of the Cascade-Siskiyou National Monument (referred to in this section as the Monument), in accordance with—

(1)

this section;

(2)

Presidential Proclamation Number 7318, dated June 9, 2000 (65 Fed. Reg. 37247); and

(3)

section 105 and any law (including regulations) generally applicable to Bureau of Land Management land, including the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).

(b)

As soon as practicable after the date of enactment of this section, the Secretary shall—

(1)

revise the fire management plan for the Monument to include the land added to the Monument under subsection (a); and

(2)

in accordance with the revised plan, carry out hazardous fuel management activities within the boundaries of the Monument.

(c)

(1)

Subject to paragraph (2), the Secretary may allow the grazing of livestock within the approximately 2,050 acres of expansion land to continue as authorized under permits or leases in existence as of the date of enactment of this section.

(2)

Grazing under paragraph (1) shall be—

(A)

at a level not greater than the level at which the grazing exists as of the date of enactment of this section, as measured in Animal Unit Months; and

(B)

in accordance with applicable law.

(d)

Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.

(e)

Nothing in this section creates any protective perimeter or buffer zone around the Monument additions.

(f)

Nothing in this section diminishes any treaty rights of any Indian tribe.

(g)

(1)

The Secretary shall reclassify the approximately 200 acres of Federal land generally depicted as Other BLM lands on the map described in subsection (b) as Oregon and California Railroad grant land.

(2)

113.

(a)

There is established a special resources management unit in the State consisting of certain Federal land managed by the Bureau of Land Management, as generally depicted on the map entitled O&C Land Grant Act of 2013: Illinois Valley Salmon and Botanical Area and dated November 18, 2013, to be known as the Illinois Valley Salmon and Botanical Area (referred to in this section as the Botanical Area).

(b)

The purposes of the Botanical Area are to provide for the protection, preservation, and enhancement of botanical, nonmotorized recreational, ecological, scenic, cultural, watershed, and fish and wildlife values.

(c)

The Secretary shall—

(1)

administer the Botanical Area—

(A)

in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and

(B)

consistent with section 105; and

(2)

only allow uses of the Botanical Area that are consistent with the purposes described in subsection (b).

(d)

The use of motorized vehicles on Bureau of Land Management holdings in the Botanical Area shall be limited to roads designated by the Secretary.

(e)

Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.

(f)

Nothing in this section creates any protective perimeter or buffer zone around the Botanical Area.

(g)

Nothing in this section diminishes any treaty rights of any Indian tribe.

(h)

(1)

The Secretary shall reclassify the approximately 7,200 acres of Federal land generally depicted as Other BLM lands on the map described in subsection (a) as Oregon and California Railroad grant land.

(2)

114.

(a)

The Secretary shall—

(1)

not later than 1 year after the date of enactment of the Oregon and California Land Grant Act of 2013, establish a protection and management corridor in the State consisting of certain Federal land managed by the Bureau of Land Management, generally depicted as ‘Pacific Crest Trail Protection Corridor’ on the map entitled O&C Land Grant Act of 2013: Cascade-Siskiyou National Monument Expansion and Pacific Crest Trail Protection Corridor and dated November 18, 2013, to be known as the Pacific Crest Trail Corridor (referred to in this section as the PCT Corridor); and

(2)

draw the PCT Corridor boundaries to include—

(A)

all the Bureau of Land Management land within approximately 1/4 mile on either side of the Pacific Crest National Scenic Trail; and

(B)

to the extent practicable, recreational, scenic, historical, wildlife, water, and other resources associated with the Pacific Crest National Scenic Trail that are in need of protection.

(b)

(1)

The Secretary shall manage the Federal land administered by the Bureau of Land Management described in subsection (a) to protect and enhance enjoyment of the recreational, scenic, historical, wildlife, and water values of the PCT Corridor in as natural and undeveloped state as practicable.

(2)

Forest thinning and vegetation treatments should be considered consistent with paragraph (1) if the purpose is—

(A)

to improve forest health when faced by a threat of fire, insect outbreak, or disease;

(B)

to improve or maintain recreational facilities and opportunities; or

(C)

to protect public health or safety.

(c)

Forest roads crossing the PCT Corridor or within the PCT Corridor shall be limited to those necessary for the proper use and administration of adjacent public land, as determined by the Secretary in applicable management plans.

(d)

If the PCT Corridor established by this subsection is within an area designated by Congress for special management, the most restrictive provisions of law shall apply.

(e)

Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.

(f)

Nothing in this section creates any protective perimeter or buffer zone around the PCT Corridor.

(g)

Nothing in this section diminishes any treaty rights of any Indian tribe.

115.

(a)

(1)

The Secretary shall manage the Federal land administered by the Bureau of Land Management described in subsection (b) in a manner that preserves the natural and primitive character of the land for recreational, scenic, and scientific use.

(2)

Forest thinning and vegetation treatments should be considered consistent with paragraph (1) if the purpose is—

(A)

to improve forest health when faced by a threat of fire, insect outbreak, or disease;

(B)

to improve or maintain recreational facilities and opportunities; or

(C)

to protect public health or safety.

(b)

The Federal land referred to in subsection (a) is the following:

(1)

Certain Federal land managed by the Bureau of Land Management, comprising approximately 2,100 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Grizzly Peak Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Grizzly Peak Primitive Backcountry Area.

(2)

Certain Federal land managed by the Bureau of Land Management, comprising approximately 21,200 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Dakubetede Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Dakubetede Primitive Backcountry Area.

(3)

Certain Federal land managed by the Bureau of Land Management, comprising approximately 5,700 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Wellington Wildlands Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Wellington Wildlands Primitive Backcountry Area.

(4)

Certain Federal land managed by the Bureau of Land Management, comprising approximately 10,200 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Mungers Butte Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Mungers Butte Primitive Backcountry Area.

(5)

Certain Federal land managed by the Bureau of Land Management, comprising approximately 2,000 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Brummitt Fir Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Brummitt Fir Primitive Backcountry Area.

(6)

Certain Federal land managed by the Bureau of Land Management, comprising approximately 2,100 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Crabtree Valley Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Crabtree Valley Primitive Backcountry Area.

(c)

The use of motorized vehicles on Bureau of Land Management holdings in the land described in subsection (b) shall be limited to roads designated by the Secretary.

(d)

Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.

(e)

Nothing in this section creates any protective perimeter or buffer zone around the land described in subsection (b).

(f)

Nothing in this section diminishes any treaty rights of any Indian tribe.

(g)

(1)

The Secretary shall reclassify the approximately 3,600 acres of Federal generally depicted as Other BLM lands on the maps described in subsection (b) as Oregon and California Railroad grant land.

(2)

116.

(a)

There are established special resources management units consisting of current and proposed areas of critical environmental concern managed by the Bureau of Land Management that are not otherwise designated by this Act, as generally depicted on the map entitled O&C Land Grant Act of 2013: Special Environmental Zones and dated November 18, 2013, to be known as Special Environmental Zones (referred to in this section as Special Environmental Zones).

(b)

The purposes of the Special Environmental Zones are to provide for the protection, preservation, and enhancement of ecological, scenic, cultural, watershed, and fish and wildlife values.

(c)

The Secretary shall—

(1)

administer the Special Environmental Zones—

(A)

in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and

(B)

consistent with section 105; and

(2)

only allow uses of the Special Environmental Zones that are consistent with the purposes described in subsection (b).

(d)

The use of motorized vehicles on Bureau of Land Management holdings in the Special Environmental Zones shall be limited to roads designated by the Secretary.

(e)

Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.

(f)

Nothing in this section creates any protective perimeter or buffer zone around the Special Environmental Zones.

(g)

Nothing in this section diminishes any treaty rights of any Indian tribe.

(h)

If a Special Environmental Zone established by this section is located within an area designated by Congress for special management, the most restrictive provisions of Federal law shall apply.

117.

(a)

The Secretary shall seek to consolidate Federal and non-Federal land by conveying the covered land and by acquiring private or State-owned land to create more contiguous blocks of land under the jurisdiction of the Secretary—

(1)

to improve the efficiency of management of the Federal land;

(2)

to facilitate resource management on the Federal land; or

(3)

to improve the conservation value of the Federal land.

(b)

Not later than 180 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall review and inventory the covered land to identify any public land that—

(1)

as the result of location or other characteristic, is no longer necessary or appropriate for continued Federal management in accordance with this Act; or

(2)

is determined to facilitate achieving any of the purposes described in subsection (a).

(c)

As soon as practicable after completing the review and inventory under subsection (b), the Secretary shall consult with the owners of adjacent land to determine whether there is mutual interest in entering into land exchanges if the exchange will meet any of the purposes described in subsection (a).

(d)

(1)

If an owner of adjacent land described in subsection (c) expresses interest in participating in a land exchange under this section, the Secretary may complete that land exchange in accordance with paragraphs (2) through (5).

(2)

(A)

If an owner of adjacent land described in subsection (c) proposes to the Secretary entering into a land exchange under this section, the Secretary shall, not later than 90 days after receiving the proposal, determine whether the public interest will be well-served by making the exchange.

(B)

If the Secretary fails to make the determination by the date described in subparagraph (A), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives—

(i)

a report explaining the reason why the determination has not been made; and

(ii)

every 30 days after the report described in clause (i) is submitted until the date on which the Secretary makes a determination, an updated report.

(3)

If the Secretary determines that a proposed land exchange is in the public interest, the Secretary may allow for the Federal and non-Federal land to be exchanged pending completion of appraisals, subject to a binding commitment from the non-Federal landowner and any terms and conditions the Secretary may require to ensure that the values of the Federal and non-Federal land are ultimately equal or equalized in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)).

(4)

In order to expedite a land exchange that the Secretary has determined to be in the public interest under paragraph (2), the Secretary may use the authority to exchange land of approximately equal value in accordance with section 206(h) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(h)) as applicable.

(5)

The Secretary may exercise the authority under the Act of March 20, 1922 (16 U.S.C. 485), to facilitate land exchanges under this section, except that any reference to the Secretary of Agriculture in that Act shall be considered to be a reference to the Secretary, and any reference to national forests in that Act shall be considered to be a reference to covered land.

(e)

(1)

(A)

The Secretary shall establish a program to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under this section.

(B)

The Secretary shall prioritize the sales of land of those parcels identified by the Secretary as suitable for disposal as of the date of enactment of the Oregon and California Land Grant Act of 2013, identified as Land Tenure, Zone 3 as generally depicted on the map entitled Western Oregon Forestry Land Tenure, Zone 3 and dated September 6, 2013.

(2)

The sale of public land identified under subsection (a) shall be conducted in accordance with sections 203 and 209 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713, 1719).

(3)

The exceptions to competitive bidding requirements under section 203(f) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713(f)) shall apply to this section in cases in which the Secretary determines it to be necessary.

(f)

(1)

Notwithstanding any other provision of law (other than a law that specifically provides for a portion of the proceeds of a land sale to be distributed to any trust fund of the State), proceeds from the sale under subsection (e) of land described in subsection (a) shall—

(A)

in the case of land sold within a forestry emphasis area, be deposited into a separate account in the Treasury to be known as the O&C Land—Forestry Emphasis Areas Acquisition Account; and

(B)

in the case of land sold within a conservation emphasis area, be deposited into a separate account in the Treasury to be known as the O&C Land—Conservation Emphasis Areas Acquisition Account.

(2)

Amounts in the accounts described in paragraph (1) shall be available to the Secretary, without further appropriation, to purchase land or interests in land, from willing sellers only, if acquisition of the non-Federal land will meet 1 or more of the purposes described in subsection (a).

(3)

An amount not to exceed 20 percent of the funds deposited in the accounts described in paragraph (1) may be used by the Secretary for administrative and other expenses necessary to carry out the activities authorized in this section.

(g)

The Secretary shall administer the balance in the accounts described in subsection (f)(1) as follows:

(1)

The Secretary shall not complete the sale of more than 5,000 acres of the land identified under subsection (b) prior to obligating funds from the accounts described in subsection (f)(1) for the acquisition of at least 1 parcel.

(2)

The Secretary shall seek to keep the balances in the accounts described in subsection (f)(1) low by using the funds in the accounts to acquire parcels as soon as practicable.

(h)

(1)

Any land or interest in land acquired using funds from the O&C Land—Forestry Emphasis Areas Acquisition Account shall be administered by the Secretary in accordance with section 103.

(2)

Any land or interest in land acquired using funds from the O&C Land—Conservation Emphasis Areas Acquisition Account shall be administered by the Secretary in accordance with section 105.

118.

(a)

Except as provided in subsection (c), the eligible activities described in subsection (b) that are conducted on covered land in accordance with this section shall be—

(1)

considered an action categorically excluded from the requirements for an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation); and

(2)

exempt from administrative review.

(b)

The eligible activities referred to in subsection (a) consist of the following:

(1)

The placement of trees and portions of trees in streams to benefit fish species.

(2)

The planting of riparian vegetation with species of vegetation native to the State.

(3)

The replacement of culverts that—

(A)

impede fish passage; or

(B)

are unable to withstand a 100-year flood event.

(4)

The removal of any road that—

(A)

was not established by the Bureau of Land Management; and

(B)

was established less than 20 years before the date of removal of the road.

(c)

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

(1)

a component of the National Wilderness Preservation System;

(2)

a wilderness study area; or

(3)

an area in which activities described in subsection (b) would be inconsistent with the applicable resource management plan.

119.

(a)

(1)

The Secretary shall seek to close or decommission nonessential roads on covered land in a manner that, minimizes, to the maximum extent practicable, the hydrologic impact of the closure or decommissioning.

(2)

In carrying out paragraph (1), the Secretary shall prioritize nonessential roads for closure or decommissioning, using the following criteria:

(A)

Nonessential roads that are most likely to cause the greatest magnitude of environmental harm, including—

(i)

roads located on steep slopes;

(ii)

roads located in a manner that cause, or are at a risk of causing, chronic sedimentation, road failure, landslides, or other environmental concerns (including roads with high densities of stream crossings);

(iii)

roads that pose public safety concerns; or

(iv)

roads that, if closed or decommissioned, would significantly enhance watershed function and wildlife habitat through the restoration of large blocks of habitat.

(B)

The usage of the nonessential road for administrative activities of the Bureau of Land Management or by the public.

(C)

The expenses necessary to complete the closure or decommissioning of the nonessential road.

(b)

(1)

The Secretary shall establish a program to be known as the Legacy Roads and Trails program to provide—

(A)

urgently needed road decommissioning, road and trail repair and maintenance and associated activities, and removal of fish passage barriers, especially in areas in which roads may be contributing to water quality problems in streams and water bodies that support threatened, endangered, or sensitive species or community water sources;

(B)

urgently needed road repairs required due to recent storm events; or

(C)

the decommissioning of unauthorized roads that are not part of the transportation system.

(2)

(A)

The Secretary shall use public input in the selection of projects and display its selection process on the website of the Bureau of Land Management.

(B)

In selecting projects under this subsection, the Secretary shall give priority to—

(i)

decommissioning and repairing roads and trails in environmentally sensitive areas; and

(ii)

areas in which roads may be contributing to water quality problems in streams and water bodies the support threatened or endangered species, or species considered sensitive by the Secretary.

(3)

Not later than 120 days after the end of each fiscal year, the Secretary shall submit to Congress a report on the status of the projects selected for completion in the following 2 fiscal years.

(4)

There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2013 through 2023.

120.

(a)

The Secretary shall designate 50,000 acres across 2 to 5 sites in both moist forests and dry forests to be comanaged by the Secretary and Oregon State University as special management and research areas in accordance with the criteria described in subsection (b).

(b)

In designating land as special management and research areas under subsection (a), the Secretary shall designate—

(1)

20 to 30 percent of land that is designated as Conservation Emphasis Areas on the maps described in section 102(a)(2);

(2)

70 to 80 percent of land that is designated as Forestry Emphasis Areas on the maps described in section 102(a)(2);

(3)

land, to the maximum extent practicable, contiguous to other land designated under subsection (a);

(4)

land within close proximity of other land designated under subsection (a);

(5)

land located within 150 miles of the main campus of Oregon State University in Corvallis, Oregon; and

(6)

selected in consultation with Oregon State University.

(c)

Land designated under subsection (a) shall be used for the conducting by institutions of higher education in the State of research projects and demonstration projects that address—

(1)

increasing social awareness and knowledge of the environmental, social, and economic impacts on the implementation of ecological forestry on public land;

(2)

improving the health of rural communities and citizens;

(3)

reducing catastrophic fires and the degradation of ecosystem health;

(4)

increasing conservation with a landscape approach; and

(5)

understanding the riparian reserve approaches authorized under this Act.

(d)

Work performed on land designated under subsection (a) shall include—

(1)

post-treatment monitoring of the effects of the treatments on the land; and

(2)

if practicable, monitoring of other projects implemented under this Act, including monitoring by—

(A)

diverse stakeholders;

(B)

collaborative groups;

(C)

Federal agencies; and

(D)

institutions of higher educations.

(e)

At least 10 percent of the authorized projects conducted annually under this section shall be conducted by an institution of higher education in the State other than Oregon State University.

(f)

(1)

At least 3,750 acres of the land designated under subsection (a) shall be treated during each 5-year period.

(2)

If the minimum acreage under paragraph (1) is not treated for two 5-year periods during a 20-year period, management of the land designated under subsection (a) shall revert to traditional management status by the Secretary.

(g)

The Bureau of Land Management State Director shall—

(1)

review and decide whether to permit each proposed treatment to be conducted as part of an authorized project; and

(2)

review for adequacy the paperwork required to be prepared for each treatment.

(h)

Nothing in this section supersedes or modifies any provision of Federal law not expressly superseded or modified by this section.

121.

(a)

The Secretary shall establish guidelines to ensure that the following trees are not cut in the covered area in violation of this Act:

(1)

Nest trees.

(2)

Trees equal to or greater than 250 years of age measured at breast height.

(3)

Old growth trees less than 250 years of age measured at breast height.

(b)

If a contractor cuts a tree described in paragraph (1) or (2) of subsection (a), the contractor shall make a payment to the Secretary equal to 3 times the value of that tree, as determined under subsection (c).

(c)

(1)

The stumpage value of the 1 or more trees described in paragraph (1) or (2) of subsection (a) shall be used to calculate the amount of the payment to be made under subsection (b) in accordance with this subsection.

(2)

The volume of the trees cut shall be calculated using—

(A)

the Scribner Decimal C Log Rule; and

(B)

West-Side Scaling methods.

(3)

(A)

The stumpage value of the trees cut shall be determined using the Log Price Report or other similar document prepared regularly by the Oregon Department of Forestry in accordance with this subsection.

(B)

The stumpage value of the trees used shall be based on the average price paid by mills on delivery for similar trees harvested—

(i)

in the same calendar year quarter that the trees cut were discovered to be in violation of this Act; and

(ii)

in the same region of the State, as determined by the Oregon Department of Forestry.

(C)

The costs of transporting the cut trees to a mill shall not be considered when determining the value of the trees under this subsection.

(d)

(1)

Subject to paragraph (2), not later than 180 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall establish a penalty system designed to deter contractors from cutting trees in the covered area, in violation of this Act, that are between the ages of 150 and 250 measured at breast height.

(2)

(A)

The penalty system under paragraph (1) shall allow for some de minimis quantity of trees described in that paragraph, as determined by the Secretary, to be determined to be trees cut in error and not subject to penalty.

(B)

If the quantity of trees described in paragraph (1) that are cut by a contractor is greater than twice the de minimis quantity established by the Secretary, the Secretary shall, after public notice and opportunity to comment for a period of 30 days, revise the penalty system accordingly.

122.

(a)

Not later than 10 years after the date of enactment of the Oregon and California Land Grant Act of 2013 and every 10 years thereafter, the Secretary shall convene a scientific and technical advisory panel of scientists that are not permanent employees of the Bureau of Land Management to perform a comprehensive scientific and managerial review on whether the provisions of this Act have been implemented in a manner that results in robust timber harvests and maintains environmental values, including—

(1)

the effect on forest health;

(2)

the effect on watershed health;

(3)

impacts to early and late successional habitat; and

(4)

the effectiveness of the riparian reserves.

(b)

Not later than 180 days after the date on which a panel is convened under subsection (a), the panel shall submit to Congress a report that includes recommendations with respect to the implementation of this Act, including recommendations for any additional legislation needed to implement this Act.

123.

(a)

During the period beginning on the date of enactment of the Oregon and California Land Grant Act of 2013 and ending 90 days after the date the record of decision is completed under section 104, a transition period (referred to in this section as the transition period) shall be in effect in accordance with this section.

(b)

(1)

Except as provided in paragraph (2), during the transition period, the Secretary shall manage the covered land, including continuing to plan timber sales and restoration projects, in accordance with the designations, allocation, and requirements of this Act.

(2)

Timber sales for which an environmental impact statement, environmental assessment, or categorical exclusion documentation required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been completed or will be completed during the 60-day period beginning on the date of enactment of the Oregon and California Land Grant Act of 2013 shall proceed in accordance with the terms of the sales.

(c)

The procedures established under section 105 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515) shall be the only process to administratively challenge projects during the transition period.

(d)

(1)

Any work or timber contract sold or awarded by the Secretary on or with respect to covered land before the date of enactment of the Oregon and California Land Grant Act of 2013 shall remain binding and effective according to the terms of the contract.

(2)

The Secretary shall seek to make such accommodations as are necessary to avoid interfering with the performance of a contract described in paragraph (1).

(e)

(1)

During the transition period, the Secretary shall preserve all rights of access and use of covered land (including reciprocal rights-of-way agreements, tail hold agreements, or other right-of-way or easement obligations) existing on the date of enactment of the Oregon and California Land Grant Act of 2013.

(2)

Rights described in paragraph (1) shall remain applicable to covered land in the same manner and to the same extent as the rights applied before the date of enactment of the Oregon and California Land Grant Act of 2013.

124.

Nothing in this Act affects any private ownership or rights, including rights-of-way and tribal treaty rights, or terminates any valid lease, permit, patent, or other right of authorization existing on the date of enactment of the Oregon and California Land Grant Act of 2013 with regard to covered land.

102.

(a)

Title II of the Oregon and California Land Grant Act (43 U.S.C. 1181f) is amended to read as follows:

201.

(a)

Effective for fiscal year 2014 and each fiscal year thereafter, all funds deposited in the Treasury in the special fund designated the Oregon and California Railroad Land-Grant Fund shall be distributed annually in accordance with this section.

(b)

Subject to subsection (d)(4)(C), as soon as practicable after the end of each fiscal year described in subsection (a), $4,000,000 of all amounts received for the applicable fiscal year by the Secretary from the covered land shall be transferred to the general fund of the Treasury.

(c)

(1)

Subject to paragraph (2) and subsection (d)(4)(C), all amounts received for the applicable fiscal year by the Secretary from the covered land shall be used to pay for the management and administrative expenses for, and capital improvement costs on, covered land.

(2)

The amount of revenue that is used to pay for expenses and costs for a fiscal year under paragraph (1) shall not exceed—

(A)

25 percent of all amounts received for the applicable fiscal year by the Secretary from the covered land during the fiscal year; or

(B)

$20,000,000.

(d)

(1)

All amounts received for the applicable fiscal year by the Secretary from the covered land during a fiscal year that is in excess of the amount necessary to carry out subsections (b) and (c) shall be provided to the counties that contain covered land (referred to in this subsection as a covered county) in the form of annual payments.

(2)

Payments shall be made available to covered counties under this subsection as soon as practicable following the end of each fiscal year.

(3)

Payments made to covered counties under this subsection shall be used as other county funds.

(4)

(A)

Subject to subparagraphs (B) and (C), for each fiscal year described in subsection (a), the amount of payments allocated under this subsection to each covered county for a fiscal year shall be equal to the ratio that—

(i)

the assessed value of covered land in the covered county for fiscal year 1915; bears to

(ii)

the assessed value of covered land in all covered counties for fiscal year 1915.

(B)

For purposes of subparagraph (A), the portion of the covered lands in each of the covered counties that was not assessed for fiscal year 1915 shall be considered to have been assessed at the average assessed value of the covered land in the covered county.

(C)

(i)

Subject to clauses (ii) and (iii), the annual payment paid to a covered county under this subsection, to the extent practicable, shall not be less than the payment that the covered county would have received solely under this Act for fiscal year 2013 if the covered county had elected to receive payment under this Act and not under any other law.

(ii)

If the portion of revenues to be provided to a covered county for a fiscal year is less than the amount described in clause (i), the payment made to the Treasury for the fiscal year under subsection (b) shall be reduced by an amount necessary to provide the minimum payments required under clause (i) for the covered county.

(iii)

If the minimum payments required under clause (i) could not be made to all covered counties after the payment made to the Treasury is reduced under clause (ii), the payment made for administrative expenses for the fiscal year under subsection (c) shall be reduced by an amount necessary to provide the minimum payments required under clause (i) for all covered counties.

(b)

The amendment made by subsection (a) takes effect on October 1, 2013.

103.

(a)

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:

(208)

The approximately 15-mile segment from its confluence with Ginger Creek downstream until it crosses T. 4 S., R. 7 W., sec. 7, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river.

(209)

The approximately 3-mile segment from the headwaters in T. 3 S., R. 6 W., sec. 20 downstream to the confluence with the Nestucca River in T. 3 S., R. 6 W., sec. 15, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river.

(210)

The approximately 6-mile segment from the headwaters in T. 35 S., R. 9 W., sec. 1 downstream to the edge of the Bureau of Land Management boundary in T. 35 S., R. 9 W., sec. 17, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river.

(211)

The approximately 20-mile segment from the Bureau of Land Management boundary located at the north boundary of the southwest quarter of the southeast quarter of T. 38 S., R. 4 E., sec. 34, Willamette Meridian, downstream to the Oregon State border, to be administered by the Secretary of the Interior as a scenic river.

(212)

The approximately 1-mile segment from its source at Shoat Springs in T. 40 S., R. 4 E., sec. 34, Willamette Meridian, downstream to the confluence with Jenny Creek in T. 41 S., R. 4 E., sec. 3, Willamette Meridian, to be administered by the Secretary of the Interior as a scenic river.

(213)

The approximately 6-mile segment from T. 15 S., R. 8 W., sec. 35, Willamette Meridian, downstream to the edge of the Bureau of Land Management boundary in T. 15 S., R. 8 W., sec. 15, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river.

(b)

Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by paragraphs (208) through (213) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is withdrawn from all forms of—

(1)

entry, appropriation, or disposal under the public land laws;

(2)

location, entry, and patent under the mining laws; and

(3)

disposition under all laws relating to mineral and geothermal leasing or mineral materials.

201.

In this subtitle:

(1)

The term Federal land means the approximately 14,804 acres of Federal land, as generally depicted on the map entitled Oregon Coastal Land Conveyance, and dated March 27, 2013.

(2)

The term planning area means land—

(A)

administered by the Director of the Bureau of Land Management; and

(B)

located in—

(i)

the Coos Bay District;

(ii)

the Eugene District;

(iii)

the Medford District;

(iv)

the Roseburg District;

(v)

the Salem District; and

(vi)

the Klamath Falls Resource Area of the Lakeview District.

(3)

(A)

The term public domain land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).

(B)

The term public domain land does not include any land managed in accordance with the Act of August 28, 1937 (43 U.S.C. 1181a et seq.).

(4)

The term Secretary means the Secretary of the Interior.

(5)

The term Tribe means the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians.

202.

(a)

Subject to valid existing rights, including rights-of-way, all right, title, and interest of the United States in and to the Federal land, including any improvements located on the Federal land, appurtenances to the Federal land, and minerals on or in the Federal land, including oil and gas, shall be—

(1)

held in trust by the United States for the benefit of the Tribe; and

(2)

part of the reservation of the Tribe.

(b)

Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a).

203.

(a)

As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Federal land with—

(1)

the Committee on Energy and Natural Resources of the Senate; and

(2)

the Committee on Natural Resources of the House of Representatives.

(b)

The map and legal description filed under subsection (a) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any clerical or typographical errors in the map or legal description.

(c)

The map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary.

204.

(a)

Unless expressly provided in this subtitle, nothing in this subtitle affects any right or claim of the Tribe existing on the date of enactment of this Act to any land or interest in land.

(b)

(1)

Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Federal land.

(2)

Any real property taken into trust under section 202 shall not be eligible, or used, for any gaming activity carried out under Public Law 100–497 (25 U.S.C. 2701 et seq.).

205.

Any commercial forestry activity that is carried out on the Federal land shall be managed in accordance with all applicable Federal laws.

206.

(a)

Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary shall identify any Oregon and California Railroad grant land that is conveyed under section 202.

(b)

Not later than 18 months after the date of enactment of this Act, the Secretary shall identify public domain land that—

(1)

is approximately equal in acreage and condition as the land identified under subsection (a); and

(2)

is located within the planning area.

(c)

Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress and publish in the Federal Register 1 or more maps depicting the land identified in subsections (a) and (b).

(d)

(1)

After providing an opportunity for public comment, the Secretary shall reclassify the land identified in subsection (b) as Oregon and California Railroad grant land.

(2)

The Act of August 28, 1937 (43 U.S.C. 1181a et seq.), shall apply to land reclassified as Oregon and California Railroad grant land under paragraph (1).

211.

In this subtitle:

(1)

The term Federal land means the approximately 17,826 acres of Federal land, as generally depicted on the map entitled Canyon Mountain Land Conveyance, and dated June 27, 2013.

(2)

The term planning area means land—

(A)

administered by the Director of the Bureau of Land Management; and

(B)

located in—

(i)

the Coos Bay District;

(ii)

the Eugene District;

(iii)

the Medford District;

(iv)

the Roseburg District;

(v)

the Salem District; and

(vi)

the Klamath Falls Resource Area of the Lakeview District.

(3)

(A)

The term public domain land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).

(B)

The term public domain land does not include any land managed in accordance with the Act of August 28, 1937 (43 U.S.C. 1181a et seq.).

(4)

The term Secretary means the Secretary of the Interior.

(5)

The term Tribe means the Cow Creek Band of Umpqua Tribe of Indians.

212.

(a)

(1)

held in trust by the United States for the benefit of the Tribe; and

(2)

part of the reservation of the Tribe.

(b)

213.

(a)

As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Federal land with—

(1)

the Committee on Energy and Natural Resources of the Senate; and

(2)

the Committee on Natural Resources of the House of Representatives.

(b)

The map and legal description filed under subsection (a) shall have the same force and effect as if included in this subtitle except that the Secretary may correct any clerical or typographical errors in the map or legal description.

(c)

The map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary.

214.

(a)

Unless expressly provided in this subtitle, nothing in this subtitle affects any right or claim of the Tribe existing on the date of enactment of this Act to any land or interest in land.

(b)

(1)

Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Federal land.

(2)

Any real property taken into trust under section 212 shall not be eligible, or used, for any gaming activity carried out under Public Law 100–497 (25 U.S.C. 2701 et seq.).

215.

Any commercial forestry activity that is carried out on the Federal land shall be managed in accordance with all applicable Federal laws.

216.

(a)

(b)

Not later than 18 months after the date of enactment of this Act, the Secretary shall identify public domain land that—

(1)

is approximately equal in acreage and condition as the land identified under subsection (a); and

(2)

is located within the planning area.

(c)

(d)

(1)

After providing an opportunity for public comment, the Secretary shall reclassify the land identified in subsection (b) as Oregon and California Railroad grant land.

(2)

The Act of August 28, 1937 (43 U.S.C. 1181a et seq.), shall apply to land reclassified as Oregon and California Railroad grant land under paragraph (1).

221.

Section 5(d) of the Coquille Restoration Act (25 U.S.C. 715c(d)) is amended—

(1)

by striking paragraph (5) and inserting the following:

(5)

(A)

Subject to subparagraph (B), the Secretary of the Interior, acting through the Assistant Secretary for Indian Affairs, shall—

(i)

manage the Coquille Forest in accordance with the laws pertaining to the management of Indian trust land; and

(ii)

distribute revenues in accordance with the National Indian Forest Resources Management Act (25 U.S.C. 3101 et seq.).

(B)

(i)

Unprocessed logs harvested from the Coquille Forest shall be subject to the same Federal statutory restrictions on export to foreign nations that apply to unprocessed logs harvested from Federal land.

(ii)

Notwithstanding any other provision of law, all sales of timber from land subject to this subsection shall be advertised, offered, and awarded according to competitive bidding practices, with sales being awarded to the highest responsible bidder.

;

(2)

by striking paragraph (9); and

(3)

by redesignating paragraphs (10) through (12) as paragraphs (9) through (11), respectively.

III

301.

(a)

In this section:

(1)

The term Commission means the Federal Energy Regulatory Commission.

(2)

The term map means the map entitled Wild Rogue Wilderness Additions and dated June 12, 2013.

(3)

The term Secretary means—

(A)

the Secretary of the Interior, with respect to public land administered by the Secretary of the Interior; or

(B)

the Secretary of Agriculture, with respect to National Forest System land.

(4)

The term Wilderness additions means the land added to the Wild Rogue Wilderness under subsection (b)(1).

(b)

(1)

The approximately 56,100 acres of Federal land in the State of Oregon generally depicted on the map as BLM Proposed Wilderness and Proposed USFS Wilderness shall be added to and administered as part of the Wild Rogue Wilderness in accordance with Public Law 95–237 (16 U.S.C. 1132 note; 92 Stat. 43), except that—

(A)

the Secretary of the Interior and the Secretary of Agriculture shall administer the Federal land under their respective jurisdiction; and

(B)

any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of Agriculture or the Secretary of the Interior, as applicable.

(2)

(A)

As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the wilderness area designated by paragraph (1).

(B)

The map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct typographical errors in the map and legal description.

(C)

The map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and Forest Service.

(3)

Section 3(b) of the Endangered American Wilderness Act of 1978 (16 U.S.C. 1132 note; Public Law 95–237; 92 Stat. 43) is amended by striking 3(a)(5) and inserting 3(a)(5)(A).

(4)

Subject to valid existing rights, the Wilderness additions are withdrawn from all forms of—

(A)

entry, appropriation, or disposal under the public land laws;

(B)

location, entry, and patent under the mining laws; and

(C)

disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

(5)

Nothing in this subsection alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian tribe.

(c)

(1)

Subject to paragraph (3) and in furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain public land in the State of Oregon administered by the Secretary of the Interior, compromising approximately 600 acres, as generally depicted on the map as Potential Wilderness, shall be added to and administered as part of the Wild Rogue Wilderness.

(2)

Subject to valid existing rights, the Secretary shall manage the land described in paragraph (1) to protect its suitability for designation as wilderness until the date on which the land is designated as wilderness in accordance with paragraph (3).

(3)

(A)

The land described in paragraph (1) shall be designated as wilderness and added to and administered as part of the Wild Rogue Wilderness on the date on which the Secretary publishes in the Federal Register notice that the conditions in the potential wilderness area that are incompatible with the Wilderness Act (16 U.S.C. 1131 et seq.) have been removed.

(B)

On designation as wilderness under paragraph (1), the land described in that paragraph shall be administered in accordance with this Act, the Wilderness Act (16 U.S.C. 1131 et seq.), and Public Law 95–237 (16 U.S.C. 1132 note; 92 Stat. 40).

(4)

Subject to valid existing rights, the land described in paragraph (1) is withdrawn from all forms of—

(A)

entry, appropriation, or disposal under the public land laws;

(B)

location, entry, and patent under the mining laws; and

(C)

disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

(d)

(1)

The Secretary shall manage the Federal land described in paragraph (2) in a manner that preserves the natural and primitive character of the land for recreational, scenic, and scientific use.

(2)

The Federal land referred to in paragraph (1) is the approximately 4,000 acres generally depicted on the map as Withdrawal Area.

(3)

(A)

As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the land described in paragraph (2).

(B)

(C)

The map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.

(4)

(A)

Subject to valid existing rights, with respect to the Federal land described in paragraph (2), the Secretary shall only allow uses that are consistent with the purposes described in paragraph (1).

(B)

The following shall be prohibited on the Federal land described in paragraph (2):

(i)

Permanent roads.

(ii)

Commercial enterprises.

(iii)

Except as necessary to meet the minimum requirements for the administration of the Federal land and to protect public health and safety—

(I)

the use of motor vehicles; or

(II)

the establishment of temporary roads.

(5)

Subject to valid existing rights, the Federal land described in paragraph (2) is withdrawn from—

(A)

all forms of entry, appropriation, or disposal under the public land laws;

(B)

location, entry, and patent under the mining laws; and

(C)

disposition under all laws relating to mineral and geothermal leasing or mineral materials.

(e)

(1)

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (5) and inserting the following:

(5)

(A)

The segment of the river extending from the mouth of the Applegate River downstream to the Lobster Creek Bridge, to be administered by the Secretary of the Interior or the Secretary of Agriculture, as agreed to by the Secretaries of the Interior and Agriculture or as directed by the President.

(B)

In addition to the segment described in subparagraph (A), there are designated the following segments in the Rogue River:

(i)

The approximately 4.8-mile segment of Kelsey Creek from the east section line of T. 32 S., R. 9 W., sec. 34, Willamette Meridian, to the confluence with the Rogue River, as a wild river.

(ii)

The approximately 4.6-mile segment of East Fork Kelsey Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 5, Willamette Meridian, to the confluence with Kelsey Creek, as a wild river.

(iii)

(I)

The approximately 0.6-mile segment of Whisky Creek from the confluence of the East Fork and West Fork to 0.1 miles downstream from road 33-8-23, as a recreational river.

(II)

The approximately 1.9-mile segment of Whisky Creek from 0.1 miles downstream from road 33-8-23 to the confluence with the Rogue River, as a wild river.

(iv)

(I)

The approximately 2.6-mile segment of East Fork Whisky Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 11, Willamette Meridian., to 0.1 miles downstream of road 33-8-26 crossing, as a wild river.

(II)

The approximately 0.3-mile segment of East Fork Whisky Creek from 0.1 miles downstream of road 33-8-26 to the confluence with Whisky Creek, as a recreational river.

(v)

The approximately 4.8-mile segment of West Fork Whisky Creek from its headwaters to the confluence with Whisky Creek, as a wild river.

(vi)

(I)

The approximately 1.5-mile segment of Big Windy Creek from its headwaters to 0.1 miles downstream from road 34-9-17.1, as a scenic river.

(II)

The approximately 5.8-mile segment of Big Windy Creek from 0.1 miles downstream from road 34-9-17.1 to the confluence with the Rogue River, as a wild river.

(vii)

(I)

The approximately 0.2-mile segment of East Fork Big Windy Creek from its headwaters to 0.1 miles downstream from road 34-8-36, as a scenic river.

(II)

The approximately 3.7-mile segment of East Fork Big Windy Creek from 0.1 miles downstream from road 34-8-36 to the confluence with Big Windy Creek, as a wild river.

(viii)

The approximately 1.9-mile segment of Little Windy Creek from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue River, as a wild river.

(ix)

(I)

The approximately 0.3-mile segment of Howard Creek from its headwaters to 0.1 miles downstream of road 34-9-34, as a scenic river.

(II)

The approximately 6.9-mile segment of Howard Creek from 0.1 miles downstream of road 34-9-34 to the confluence with the Rogue River, as a wild river.

(x)

The approximately 6.3-mile segment of Mule Creek from the east section line of T. 32 S., R. 10 W., sec. 25, Willamette Meridian, to the confluence with the Rogue River, as a wild river.

(xi)

The approximately 3.5-mile segment of Anna Creek from its headwaters to the confluence with Howard Creek, as a wild river.

(xii)

The approximately 1.6-mile segment of Missouri Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 24, Willamette Meridian, to the confluence with the Rogue River, as a wild river.

(xiii)

The approximately 1.8-mile segment of Jenny Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec.28, Willamette Meridian, to the confluence with the Rogue River, as a wild river.

(xiv)

The approximately 2.2-mile segment of Rum Creek from the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 9, Willamette Meridian, to the confluence with the Rogue River, as a wild river.

(xv)

The approximately 1.3-mile segment of East Rum Creek from the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 10, Willamette Meridian, to the confluence with Rum Creek, as a wild river.

(xvi)

The approximately 1.7-mile segment of Wildcat Creek from its headwaters downstream to the confluence with the Rogue River, as a wild river.

(xvii)

The approximately 1.8-mile segment of Montgomery Creek from its headwaters downstream to the confluence with the Rogue River, as a wild river.

(xviii)

The approximately 1.2-mile segment of Hewitt Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 19, Willamette Meridian, to the confluence with the Rogue River, as a wild river.

(xix)

The approximately 6.6-mile segment of Bunker Creek from its headwaters to the confluence with the Rogue River, as a wild river.

(xx)

(I)

The approximately 0.8-mile segment of Dulog Creek from its headwaters to 0.1 miles downstream of road 34-8-36, as a scenic river.

(II)

The approximately 1.0-mile segment of Dulog Creek from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue River, as a wild river.

(xxi)

The approximately 1.7-mile segment of Quail Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 1, Willamette Meridian, to the confluence with the Rogue River, as a wild river.

(xxii)

The approximately 4.1-mile segment of Meadow Creek from its headwaters to the confluence with the Rogue River, as a wild river.

(xxiii)

The approximately 2.5-mile segment of Russian Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 20, Willamette Meridian, to the confluence with the Rogue River, as a wild river.

(xxiv)

The approximately 1.2-mile segment of Alder Creek from its headwaters to the confluence with the Rogue River, as a wild river.

(xxv)

The approximately 1.5-mile segment of Booze Creek from its headwaters to the confluence with the Rogue River, as a wild river.

(xxvi)

The approximately 1.8-mile segment of Bronco Creek from its headwaters to the confluence with the Rogue River, as a wild river.

(xxvii)

The approximately 1.5-mile segment of Copsey Creek from its headwaters to the confluence with the Rogue River, as a wild river.

(xxviii)

The approximately 0.5-mile segment of Corral Creek from its headwaters to the confluence with the Rogue River, as a wild river.

(xxix)

The approximately 0.9-mile segment of Cowley Creek from its headwaters to the confluence with the Rogue River, as a wild river.

(xxx)

The approximately 1.8-mile segment of Ditch Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 5, Willamette Meridian, to its confluence with the Rogue River, as a wild river.

(xxxi)

The approximately 0.9-mile segment of Francis Creek from its headwaters to the confluence with the Rogue River, as a wild river.

(xxxii)

The approximately 1.1-mile segment of Long Gulch from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 23, Willamette Meridian, to the confluence with the Rogue River, as a wild river.

(xxxiii)

The approximately 1.7-mile segment of Bailey Creek from the west section line of T. 34 S., R.8 W., sec.14, Willamette Meridian, to the confluence of the Rogue River, as a wild river.

(xxxiv)

The approximately 0.7-mile segment of Shady Creek from its headwaters to the confluence with the Rogue River, as a wild river.

(xxxv)

(I)

The approximately 0.5-mile segment of Slide Creek from its headwaters to 0.1 miles downstream from road 33-9-6, as a scenic river.

(II)

The approximately 0.7-mile section of Slide Creek from 0.1 miles downstream of road 33-9-6 to the confluence with the Rogue River, as a wild river.

(2)

Each river segment designated by subparagraph (B) of section 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by paragraph (1)) shall be managed as part of the Rogue Wild and Scenic River.

(3)

Subject to valid existing rights, the Federal land within the boundaries of the river segments designated under subparagraph (B) of section 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by paragraph (1)) is withdrawn from all forms of—

(A)

entry, appropriation, or disposal under the public land laws;

(B)

location, entry, and patent under the mining laws; and

(C)

disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

(f)

(1)

The Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project works on or directly affecting any stream described in paragraph (4).

(2)

(A)

No department or agency of the United States shall assist by loan, grant, license, or otherwise in the construction of any water resources project on or directly affecting any stream segment that is described in paragraph (4), except to maintain or repair water resources projects in existence on the date of enactment of this Act.

(B)

Nothing in this paragraph prohibits any department or agency of the United States in assisting by loan, grant, license, or otherwise, a water resources project—

(i)

the primary purpose of which is ecological or aquatic restoration; and

(ii)

that provides a net benefit to water quality and aquatic resources.

(3)

Subject to valid existing rights, the Federal land located within a 1/4 mile on either side of the stream segments described in paragraph (4), is withdrawn from all forms of—

(A)

entry, appropriation, or disposal under the public land laws;

(B)

location, entry, and patent under the mining laws; and

(C)

disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

(4)

The following are the stream segments referred to in paragraph (1):

(A)

The approximately 4.5-mile segment of Kelsey Creek from its headwaters to the east section line of T. 32 S., R. 9 W., sec. 34.

(B)

The approximately 0.2-mile segment of East Fork Kelsey Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 5.

(C)

The approximately 0.9-mile segment of East Fork Whisky Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 11.

(D)

The approximately 1.2-mile segment of Little Windy Creek from its headwaters to the west section line of T. 33 S., R. 9 W., sec. 34.

(E)

The approximately 5.1-mile segment of Mule Creek from its headwaters to the east section line of T. 32 S., R. 10 W., sec. 25.

(F)

The approximately 3.1-mile segment of Missouri Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 24.

(G)

The approximately 3.1-mile segment of Jenny Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 28.

(H)

The approximately 2.2-mile segment of Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 9.

(I)

The approximately 0.8-mile segment of East Fork Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 10.

(J)

The approximately 1.4-mile segment of Hewitt Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 19.

(K)

The approximately 0.8-mile segment of Quail Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 1.

(L)

The approximately 0.1-mile segment of Russian Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 20.

(M)

The approximately 0.7-mile segment of Ditch Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 5.

(N)

The approximately 1.4-mile segment of Long Gulch from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 23.

(O)

The approximately 1.4-mile segment of Bailey Creek from its headwaters to the west section line of T. 34 S., R. 8 W., sec. 14.

(P)

The approximately 3.3-mile segment of Quartz Creek from its headwaters to its confluence with the North Fork Galice Creek.

(Q)

The approximately 5.7-mile segment of the North Fork Galice Creek from its headwaters to its confluence with Galice Creek.

(R)

The approximately 10.2-mile segment of Grave Creek from the confluence of Wolf Creek downstream to the confluence with the Rogue River.

(S)

The approximately 2.2-mile segment of Centennial Gulch from its headwaters to its confluence with the Rogue River.

(T)

The approximately 2.2-mile segment of Galice Creek from the confluence with the South Fork Galice Creek downstream to the Rogue River.

311.

In this subtitle:

(1)

The term map means the map entitled Devil’s Staircase Wilderness Proposal and dated June 15, 2010.

(2)

The term Secretary means—

(A)

with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and

(B)

with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.

(3)

The term State means the State of Oregon.

(4)

The term Wilderness means the Devil’s Staircase Wilderness designated by section 312(a).

312.

(a)

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 30,540 acres of Forest Service land and Bureau of Land Management land in the State, as generally depicted on the map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Devil’s Staircase Wilderness.

(b)

(1)

As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Wilderness.

(2)

The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description.

(3)

The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management.

(c)

Subject to valid existing rights, the area designated as wilderness by this section shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—

(1)

any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and

(2)

any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the land within the Wilderness.

(d)

Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.

(e)

(1)

Nothing in this section creates any protective perimeter or buffer zone around the Wilderness.

(2)

The fact that a nonwilderness activity or use on land outside the Wilderness can be seen or heard within the Wilderness shall not preclude the activity or use outside the boundary of the Wilderness.

(f)

Nothing in this section diminishes any treaty rights of an Indian tribe.

(g)

(1)

Administrative jurisdiction over the approximately 49 acres of Bureau of Land Management land north of the Umpqua River in sec. 32, T. 21 S., R. 11 W, is transferred from the Bureau of Land Management to the Forest Service.

(2)

The Secretary shall administer the land transferred by paragraph (1) in accordance with—

(A)

the Act of March 1, 1911 (commonly known as the Weeks Law) (16 U.S.C. 480 et seq.); and

(B)

any laws (including regulations) applicable to the National Forest System.

313.

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 103(a)) is amended by adding at the end the following:

(214)

The 4.5-mile segment from its headwaters to the line of angle points within sec. 8, T. 22 S., R. 10 W., shown on the survey recorded in the Official Records of Douglas County, Oregon, as M64–62, to be administered by the Secretary of Agriculture as a wild river.

(215)

The 10.1-mile segment in the following classes:

(A)

The 4.2-mile segment from the eastern boundary of sec. 17, T. 21 S., R. 9 W., downstream to the western boundary of sec. 12, T. 21 S., R. 10 W., to be administered by the Secretary of the Interior as a wild river.

(B)

The 5.9-mile segment from the western boundary of sec. 12, T. 21 S., R. 10 W., downstream to the eastern boundary of the northwest quarter of sec. 22, T. 21 S., R. 10 W., to be administered by the Secretary of Agriculture as a wild river.

321.

(a)

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:

(208)

(A)

The following segments in the State of Oregon, to be administered by the Secretary of the Interior as a recreational river:

(i)

The approximately 15.1-mile segment from the southern boundary line of T. 7 S., R. 4 E., sec. 19, downstream to the edge of the Bureau of Land Management boundary in T. 6 S., R. 3 E., sec. 7.

(ii)

The approximately 6.2-mile segment from the easternmost Bureau of Land Management boundary line in the NE 1/4 sec. 4, T. 7 S., R. 4 E., downstream to the confluence with the Molalla River.

(B)

Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by subparagraph (A) is withdrawn from all forms of—

(i)

entry, appropriation, or disposal under the public land laws;

(ii)

location, entry, and patent under the mining laws; and

(iii)

disposition under all laws relating to mineral and geothermal leasing or mineral materials.

(b)

Section 3(a)(102) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(102)) is amended—

(1)

in the heading, by striking Squaw creek and inserting Whychus creek;

(2)

in the matter preceding subparagraph (A), by striking McAllister Ditch, including the Soap Fork Squaw Creek, the North Fork, the South Fork, the East and West Forks of Park Creek, and Park Creek Fork and inserting Plainview Ditch, including the Soap Creek, the North and South Forks of Whychus Creek, the East and West Forks of Park Creek, and Park Creek; and

(3)

in subparagraph (B), by striking McAllister Ditch and inserting Plainview Ditch.

322.

Section 3(a)(69) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(69)) is amended—

(1)

by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and indenting appropriately;

(2)

in the matter preceding clause (i) (as so redesignated), by striking The 44.5-mile and inserting the following:

(A)

The 44.5-mile

;

(3)

in clause (i) (as so redesignated)—

(A)

by striking 25.5-mile and inserting 27.5-mile; and

(B)

by striking Boulder Creek at the Kalmiopsis Wilderness boundary and inserting Mislatnah Creek;

(4)

in clause (ii) (as so redesignated)—

(A)

by striking 8-mile and inserting 7.5-mile; and

(B)

by striking Boulder Creek to Steel Bridge and inserting Mislatnah Creek to Eagle Creek;

(5)

in clause (iii) (as so redesignated)—

(A)

by striking 11-mile and inserting 9.5-mile; and

(B)

by striking Steel Bridge and inserting Eagle Creek; and

(6)

by adding at the end the following:

(B)

Subject to valid rights, the Federal land within the boundaries of the river segments designated by subparagraph (A), is withdrawn from all forms of—

(i)

entry, appropriation, or disposal under the public land laws;

(ii)

location, entry, and patent under the mining laws; and

(iii)

disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

(a)

This Act may be cited as the Oregon and California Land Grant Act of 2014.

(b)

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—Management on Oregon and California Railroad and Coos Bay Wagon Road grant land

Sec. 101. Management of Oregon and California Railroad and Coos Bay Wagon Road grant land.

Sec. 1. Short title.

Sec. 2. Definitions.

Sec. 3. Land management.

Sec. 4. Aquatic and riparian protection.

Sec. 5. Notice of intent.

Sec. 6. Landscape prioritization plans.

Sec. 7. Objections; O&C administrative review process; judicial review.

Sec. 8. Moist Forestry Emphasis Area.

Sec. 9. Dry Forestry Emphasis Area.

Sec. 10. Conservation Emphasis Areas.

Sec. 11. Land management rationalization.

Sec. 12. Distribution of funds.

Sec. 102. Designation of wild and scenic rivers.

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.

Subtitle B—Canyon Mountain Land Conveyance

Sec. 211. Definitions.

Sec. 212. Conveyance.

Sec. 213. Map and legal description.

Sec. 214. Administration.

Sec. 215. Forest management.

Subtitle C—Amendments to Coquille Restoration Act

Sec. 221. Amendments to Coquille Restoration Act.

TITLE III—Oregon treasures

Subtitle A—Wild Rogue Wilderness area

Sec. 301. Wild Rogue Wilderness area.

Subtitle B—Devil’s Staircase Wilderness

Sec. 311. Definitions.

Sec. 312. Devil’s Staircase Wilderness, Oregon.

Sec. 313. Wild and scenic river designations, Wasson Creek and Franklin Creek, Oregon.

Subtitle C—Additional wild and scenic river designations and technical corrections

Sec. 321. Designation of wild and scenic river segments, Molalla River, Oregon.

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

Subtitle D—Frank Moore Wild Steelhead Sanctuary

Sec. 331. Definitions.

Sec. 332. Frank Moore Wild Steelhead Sanctuary, Oregon.

101.

(a)

The Act of August 28, 1937 (43 U.S.C. 1181a et seq.), is amended—

(1)

by redesignating sections 2, 4, and 5 (43 U.S.C. 1181b, 1181d, 1181e) as sections 13, 14, and 15, respectively; and

(2)

by striking the first section and inserting the following:

This Act may be cited as the Oregon and California Land Grant Act of 2014.

In this Act:

(1)

The term 80 year old age class, following the common usage by the Bureau of Land Management, means a group of trees of which the average age of the dominant trees is 75 to 85 years old, comprising part of or an entire stand.

(2)

The term 90 year old age class, following the common usage by the Bureau of Land Management, means a group of trees of which the average age of the dominant trees is 85 to 95 years old, comprising part of or an entire stand.

(3)

The term adjacent private land means any privately owned land that is—

(A)

contiguous to covered land as defined in this Act; or

(B)

situated so that it is reasonably necessary to use covered land as defined in this Act to access the privately owned land.

(4)

The term agency action has the meaning given the term in section 551 of title 5, United States Code.

(5)

The term archeological site means any district, site, building, structure, or object that is included, or eligible for inclusion, in the National Register under section 106 of the National Historic Preservation Act (16 U.S.C. 470f).

(6)

The term Conservation Emphasis Area means the lands allocated for various purposes in section 10, except for subsection (f), and generally depicted on the map entitled O & C Land Grant Act of 2014: Conservation Emphasis Areas and dated November 3, 2014 and the lands generally depicted on the map entitled ‘O & C Land Grant Act of 2014: Late Successional Old-Growth Forest Heritage Areas and dated November 3, 2014.

(7)

The term covered agency action means an agency action carried out by the Secretary, through the U.S. Bureau of Land Management or U.S. Fish and Wildlife Service, relating to the management of vegetation on covered land.

(8)

The term covered civil action means a civil action seeking judicial review of a covered agency action.

(9)

The term covered land means the approximately 2,800,000 acres of land designated as Oregon and California Railroad and Coos Bay Wagon Road grant land, generally depicted as covered lands on the map entitled O & C Land Grant Act of 2014 and dated November 3, 2014, which includes the approximately 410,000 acres of the Public Domain and acquired lands in section 3(d), the approximately 72,000 acres of the reconveyed Coos Bay Wagon Road grant land that is under the jurisdiction of the Department, and the approximately 311,500 acres of final BLM land, formerly Forest Service and Army Corps of Engineers land, denoted in section 11 of this Act entitled Land Management Rationalization all to be designated O&C lands; provided further any lands later acquired by the Secretary surrounding the area generally depicted on this map shall also be covered lands and designated O&C lands; and further provided that any lands otherwise intended to be accepted into the O&C lands land base also be considered covered land by this Act.

(10)

The term decommission, with respect to a road, means to restore any natural drainage, watershed function, or other ecological process that has been disrupted or adversely impacted by the road by—

(A)

removing or hydrologically disconnecting the road prism;

(B)

reestablishing vegetation on the former road prism; and

(C)

using the best available science to restore the integrity and form of associated hill slopes, channels, and floodplains.

(11)

The term Department means the Department of the Interior.

(12)

The term Dry Forests means the land that is labeled as Dry Forest on the map entitled O & C Land Grant Act of 2014: Moist Forests and Dry Forests and dated November 3, 2014 and that is located within the area labeled as Forestry Emphasis Area on the map entitled O & C Land Grant Act of 2014: Forestry Emphasis Areas and dated November 3, 2014.

(13)

The term forest health means conditions that enable forested land—

(A)

to be durable, resilient, and less prone to uncharacteristic wildfire, insect, or pathogen events, while—

(i)

supporting ecosystem services and populations of native species; and

(ii)

allowing for natural disturbances;

(B)

to maintain or develop species composition, ecosystem function and structure, hydrologic function, and sediment regimes that are within an acceptable range that considers—

(i)

historic variability; and

(ii)

anticipated future conditions.

(14)

The term forest management, with respect to the activities of adjacent private land owners, means any activity or plan reasonably necessary for the prudent management, upkeep, and use of forested land, including—

(A)

timber harvesting, thinning, reforestation, vegetation and pest management, and other silvicultural activities;

(B)

development and harvest of other forest resources and products;

(C)

fire prevention and suppression activities; and

(D)

installing, constructing, maintaining, improving, and reconstructing—

(i)

roads;

(ii)

landings;

(iii)

yarding corridors and wedges;

(iv)

guyline supports; and

(v)

tail holds for permanent or temporary use that are reasonably necessary for prudent land management.

(15)

The term late successional old-growth forest means a stand of trees equal to or greater than 1/4 acre in size and with a 90-year or older age class of trees as of the date of enactment of the Oregon and California Land Grant Act of 2014.

(16)

The term legacy tree means a live tree that is determined to be equal to or greater than 150 years of age, or a dead tree that is estimated to have been 150 years or older when it died.

(17)

The term Moist Forestry Emphasis Area means the land that is labeled as Moist Forest on the map entitled O & C Land Grant Act of 2014: Moist Forests and Dry Forests and dated November 3, 2014 and that is located within the area labeled as Forestry Emphasis Area on the map entitled O & C Land Grant Act of 2014: Forestry Emphasis Areas and dated November 3, 2014, excluding the lands generally depicted on the map entitled ‘O & C Land Grant Act of 2014: Late Successional Old-Growth Forest Heritage Areas and dated November 3, 2014.

(18)

The term place into storage, with respect to a road, means—

(A)

to maintain the road in order to prevent resource damage; but

(B)

to alter the road to eliminate all vehicular traffic by—

(i)

for purposes of controlling erosion—

(I)

installing appropriate water control structures, such as water bars; or

(II)

ensuring the surface of the road slopes such that water quickly drains off the surface of the road;

(ii)

for purposes of preventing access by vehicles—

(I)

blocking the entrance of the road; and

(II)

scattering slash atop the road surface; and

(iii)

for purposes of restoring native vegetation—

(I)

scarifying lightly the surface of the road;

(II)

seeding the surface of the road, as needed; and

(III)

treating noxious weeds.

(19)

The term residence means a privately owned, permanent structure that is maintained for habitation as a dwelling or workplace.

(20)

The term salmon means any of the wild Oncorhynchus species that occur in the State of Oregon.

(21)

The term Secretary means the Secretary of the Interior, acting through the Director of the Bureau of Land Management, or her designee.

(22)

The term site-potential tree means the average dominant tree, modeled at 200 years of age, for a given site class.

(23)

The term Source Water Emphasis Area means the areas identified as Source Water Emphasis Area on the map entitled O&C Land Grant Act of 2014: Source Water Emphasis Areas and dated November 3, 2014.

(24)

The term sustained yield means the definition of sustained yield under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) applying the ecological forestry principles and other provisions of this Act.

(25)

The term timber-by-product means timber produced as a consequence of vegetative treatments or other management actions undertaken solely to achieve ecological goals.

(26)

The term tree tipping and tree felling activity means any activity relating to the intentional felling and placement of a tree in a stream or on the forest floor during a timber harvest operation for the purposes of fish or stream or riparian habitat improvement.

(27)

The term vegetation management project means an activity carried out on covered land that involves the cutting of vegetation to achieve the purposes of this Act.

(a)

Notwithstanding the Act of June 9, 1916 (39 Stat. 218, chapter 137), and the Act of February 26, 1919 (40 Stat. 1179, chapter 47), any portion of the revested Oregon and California Railroad grant land or the reconveyed Coos Bay Wagon Road grant land that is under the jurisdiction of the Department, here to for part of the covered land as defined in this Act, shall be managed in accordance with this Act.

(b)

The purposes of lands managed through this Act are to provide collectively certainty and economic stability for local communities and industries, fish and wildlife benefits, improved ecological and hydrological function and health, improved forest health, municipal and community drinking water, permanent forest production for identified forestry areas, protection of watersheds and regulation of stream flow, and recreational opportunities.

(c)

The document entitled Northwest Forest Plan Survey and Manage Mitigation Measure Standard and Guidelines shall not apply to any—

(1)

Dry Forestry Emphasis Area; or

(2)

Moist Forestry Emphasis Area.

(d)

Any Federal public land generally depicted as covered lands on the map entitled O & C Land Grant Act of 2014 and dated November 3, 2014, that is not designated as Oregon and California Railroad grant lands under the Act of August 28, 1937 (43 U.S.C. 1181a et seq.), as of the date of enactment of the Oregon and California Land Grant Act of 2014 shall be designated as Oregon and California Railroad grant lands and managed as covered land under this Act.

(e)

(1)

The Secretary may not cut or remove late successional old-growth forests within any land designated under section 4(a)(3)(A) and (B), section 8, within the Late Successional Old Growth Heritage Forest Reserve or section 10 of this Act, allowing action—

(A)

for public safety purposes; or

(B)

to fulfill existing obligations pursuant to agreements affecting adjacent private lands.

(2)

(A)

(i)

Legacy trees shall not be cut in areas designated under section 4(a)(3)(A) and (B), allowing action for—

(I)

safety purposes; or

(II)

tree tipping and felling activities.

(ii)

When legacy trees are located within a Moist Forest Emphasis Area the Secretary shall, to the greatest extent practicable, protect legacy trees by using them to meet the retention requirements applicable under section 8.

(B)

When legacy trees are located within a Dry Forest Emphasis Area the Secretary shall where appropriate protect legacy trees by using trees to meet the retention requirements applicable under section 9.

(f)

Nothing in this Act modifies any obligation—

(1)

of the Secretary to prepare or implement a land use plan in accordance with section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712);

(2)

under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(3)

under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); or

(4)

under other law, except as expressly provided in this Act in regard to other law.

(g)

If there is a conflict between any portion of this Act and land protection designations included in the National Landscape Conservation System or boundaries for such designations, the more protective provision shall control.

(h)

(1)

Without a permit from the Secretary, a person may enter and treat adjacent Federal land in a Dry or Moist Forestry Emphasis Area that is located within 100 feet of the residence of that person if—

(A)

the residence is in existence on the date of enactment of the Oregon and California Land Grant Act of 2014;

(B)

the treatment is carried out at the expense of the person;

(C)

the person notifies the Secretary of the intent to treat that land; and

(D)

the Secretary has adequate supervisory, monitoring, and enforcement resources to ensure that the person carries out the treatment activities in accordance with paragraph (3).

(2)

(A)

Not less than 30 days before beginning to treat land described in paragraph (1), the person shall notify, in writing, the Secretary of the intention of that person to treat that land.

(B)

The person shall also notify the Secretary not less than 14 days before beginning the treatment.

(C)

On receiving a notification to treat land under paragraph (h), the Secretary, if the requirements of paragraph (1)(D) are satisfied, shall inform the person of the treatment requirements in paragraph (3).

(3)

A person treating land described in paragraph (1) shall carry out the treatment in accordance with the following requirements:

(A)

No dead tree, nest tree, legacy tree, or tree greater than 16 inches in diameter shall be cut.

(B)

No herbicide or insecticide application shall be used.

(C)

Vegetation shall be cut so that—

(i)

less flammable species are favored for retention; and

(ii)

the adequate height and spacing between bushes and trees are maintained.

(D)

Any residual trees shall be pruned—

(i)

to a height of the lesser of 10 feet or 50 percent of the crown height of the tree; and

(ii)

so that all parts of the tree are at not less than 10 feet away from the residence.

(E)

All slash created from treatment activities under this subparagraph shall be removed or treated not later than 60 days after the date on which the slash is created.

(F)

Any material of commercial value generated by the activity authorized in paragraph (1) is the property of the United States.

(i)

(1)

(A)

Not later than 5 years after the date of enactment of the Oregon and California Land Grant Act of 2014 and every 5 years thereafter, the Secretary—

(i)

shall evaluate the initial assignments of Dry Forest and Moist Forest on the map entitled O&C Land Grant Act of 2014: Moist Forest and Dry Forest and dated November 3, 2014, and

(ii)

may, as the Secretary determines to be necessary and in accordance with the criteria described in paragraph (2)—

(I)

redesignate Moist Forestry Emphasis Area land as Dry Forestry Emphasis Area land; and

(II)

redesignate Dry Forestry Emphasis Area land as Moist Forestry Emphasis Area land.

(B)

In addition to adjustments authorized under subparagraph (A), the Secretary may adjust dry and moist forest assignments in specific locations within a vegetation management project based on an on-the-ground field examination by the Secretary.

(2)

(A)

In redesignating land as Moist Forestry Emphasis Area or Dry Forestry Emphasis Area, the Secretary shall use the criteria described in this paragraph.

(B)

For purposes of this subsection, land in the Moist Forestry Emphasis Area generally—

(i)

(I)

would have historically experienced infrequent wildfires at intervals that are greater than 100 years; and

(II)

these wildfires would have included significant areas of partial or complete stand-replacement intensity; and

(ii)

dominated by 1 or more of the following plant association groups:

(I)

The Western Hemlock (Tsuga heterophylla) series.

(II)

The Sitka Spruce (Picea sitchensis) series.

(III)

The Western Red cedar (Thuja plicata) series.

(IV)

The Pacific Silver Fir (Abies amabilis) series.

(V)

The Mountain Hemlock (Tsuga mertensiana) series.

(VI)

The Subalpine Fir-Engelmann Spruce (Abies lasiocarpa-Picea engelmannii) series.

(VII)

The Tanoak (Lithocarpus densiflorus) series.

(VIII)

The Moist Grand Fir (Abies grandis) plant association group.

(IX)

The Moist White Fir (Abies concolor) plant association group.

(C)

For purposes of this subsection, land in the Dry Forestry Emphasis Area generally—

(i)

(I)

would have historically experienced relatively frequent wildfires; and

(II)

these wildfires would have been predominantly low or mixed in severity; and

(ii)

dominated by 1 or more of the following plant association groups:

(I)

The Moist Grand Fir (Abies grandis) plant association group.

(II)

The Moist White Fir (Abies concolor) plant association group.

(III)

The Ponderosa Pine (Pinus ponderosa) series.

(IV)

The Oregon White Oak (Quercus garryana) series.

(V)

The Douglas-fir (Pseudotsuga menziesii) series.

(VI)

The Jeffrey Pine (Pinus jeffreyi) series.

(VII)

The Dry Grand Fir (Abies grandis) plant association group.

(VIII)

The Dry White Fir (Abies concolor) plant association group.

(D)

(i)

For purposes of this subsection, the Secretary may consider land that contains a Moist Grand Fir or a Moist White Fir plant association group as Moist Forestry Emphasis Area or Dry Forestry Emphasis Area based on the condition of the land, landscape context, or management goals.

(ii)

For land that meets criteria under both subparagraph (B) and (C), the Secretary may choose to categorize the land as either Moist Forestry Emphasis Area or Dry Forestry Emphasis Area to align with the designations of adjacent covered land.

(3)

In carrying out subsection (i)(1)(A), the Secretary shall provide the public a period of not less than 60 days to comment on a proposed redesignation of land.

(j)

Notwithstanding any other section of this Act, nothing in this Act—

(1)

affects any private ownership or rights, including rights-of-way and reciprocal rights-of-way agreements, tail hold agreements, permits, easement obligations, and tribal treaty rights; or

(2)

affects the ability or process under which the Secretary can grant new permissions or terminates any valid existing lease, permit, patent, agreement, or other right of authorization, including new permissions for an existing lease, permit, patent, agreement, or other right of authorization for forest management activities, upon enactment of the Oregon and California Land Grant Act of 2014.

(k)

Nothing in this Act affects the jurisdiction of the State of Oregon with respect to the management of fish and wildlife on public land in the State.

(l)

(1)

Pesticides may be used within the covered land, if the use—

(A)

is limited to plants listed by the Oregon Department of Agriculture as invasive plants;

(B)

is part of an integrated pest management plan; and

(C)

is restricted to the use of various ground-based systems that are designed to target only invasive plants.

(2)

The Secretary and the State of Oregon shall develop an agreement to provide fire protection on the covered lands, renegotiable every 5 years after the date of enactment to reassess fire protection needs.

(m)

(1)

The Secretary shall designate 50,000 acres across 2 to 5 sites in the covered land to include moist forests and dry forests, as generally depicted on the map entitled O&C Land Grant Act of 2014: Moist Forest and Dry Forest and dated November 3, 2014, to be managed by the Secretary in consultation and coordination with Oregon State University as agreed to through a memorandum of understanding as special management and research areas in accordance with the criteria described in paragraph (2).

(2)

In designating land as special management and research areas under paragraph (1), the Secretary shall designate—

(A)

land that is designated as Forestry Emphasis Areas on the map described in paragraphs (12) and (17) of section 2;

(B)

land, to the maximum extent practicable, contiguous to other land designated under paragraph (1);

(C)

land within close proximity of other land designated under paragraph (1);

(D)

land located within 150 miles of the main campus of Oregon State University in Corvallis, Oregon; and

(E)

land selected in consultation with Oregon State University.

(3)

Land designated under paragraph (1) shall be used by institutions of higher education, primarily in the State of Oregon, for the conduct of research projects and demonstration projects that address—

(A)

increasing social awareness and knowledge of the environmental, social, and economic impacts on the implementation of ecological forestry on public land;

(B)

improving the health of rural communities and citizens;

(C)

reducing uncharacteristic fires and the degradation of ecosystem health;

(D)

increasing conservation with a landscape approach;

(E)

relative to the retention requirements at variable retention harvest, half of the Moist Forestry Emphasis Area will be managed under section 8(b)(4)(E) and half will be managed as under section 8(b)(2)(c); and

(F)

understanding and conducting research on riparian reserve approaches authorized under this Act.

(4)

Work performed on land designated under paragraph (1) shall include pre- and post-treatment monitoring on the land.

(5)

At least 10 percent of the authorized projects conducted annually under this subsection shall be conducted by an institution of higher education other than Oregon State University.

(6)

(A)

At least 3,750 acres of the land designated under paragraph (1) shall be treated during each 5-year period.

(B)

If the minimum acreage under subparagraph (A) is not treated for 2 5-year periods during a 20-year period, management of the land designated under paragraph (1) shall revert to management by the Secretary.

(7)

The Secretary shall—

(A)

review and decide whether to permit each proposed treatment to be conducted as part of an authorized project under this subsection; and

(B)

review for adequacy the documentation required to be prepared for each treatment.

(8)

The Secretary shall estimate—

(A)

the quantity of timber that can be produced in the sustained yield base from the Moist Forestry Emphasis Area, not including riparian reserves established under section 4, late successional old-growth forest reserves and other reserves; and

(B)

the quantity of timber-by-product from the Moist Forestry Emphasis Area, including riparian reserves established under section 4, and the portions of the Dry Forest Emphasis Area covered by this section.

(n)

(1)

During the period beginning on the date of enactment of the Oregon and California Land Grant Act of 2014 and ending 90 days after the date on which the record of decision is completed under section 6, a transition period shall be in effect in accordance with this section.

(2)

(A)

Any timber sale or agreement to perform work on covered land that was entered into by the Secretary before the date of enactment of the Oregon and California Land Grant Act of 2014 shall remain binding and effective according to the terms of the contract.

(B)

Timber sales for which review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been completed or will be completed not later than 90 days following the date of enactment of the Oregon and California Land Grant Act of 2014 shall continue as planned.

(C)

The Secretary may conduct vegetation management projects on the covered land during the transition period on the conditions that the vegetation management projects—

(i)

comply with the designations and requirements of this Act; and

(ii)

are reviewed pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), outside of the process described in section 7.

(D)

The Secretary shall seek to make such accommodations as are necessary to avoid interfering with the performance of a timber sale or work agreement described in paragraph (1) or (2).

(3)

(a)

(1)

The Secretary shall carry out the Aquatic Conservation Strategy incorporated in its entirety by reference for covered lands as set forth in the Northwest Forest Plan 1994 Record of Decision for Amendments to Forest Service and Bureau of Land Management Planning Documents Within the Range of the Northern Spotted Owl, (hereinafter NWFP and its Standards and Guidelines in Attachment A to the 1994 Record of Decision (hereinafter referred to as Aquatic Conservation Strategy) , and as modified herein.

(2)

In addition to those program components contained in the Aquatic Conservation Strategy of the NWFP, the aquatic conservation strategy under paragraph (1) shall also incorporate provisions for watershed analysis in accordance with paragraph (2)(A), and riparian reserve establishment and management within the Moist Forestry Emphasis Area or Dry Forestry Emphasis Area but that are not within Source Water Emphasis Areas or within Key Watersheds designated in the Aquatic Conservation Strategy in accordance with paragraph (3).

(A)

(i)

The Secretary shall develop appropriate management actions for a watershed, including adjustment of riparian reserve widths under subsection (b)(3)(A)(ii); and

(ii)

Within 90 days and via a contractor if necessary, determine the ecological importance of streams in the covered area using the following criteria:

(I)

The importance of the streams to salmonid and other native aquatic species.

(II)

The potential impacts of thermal loading.

(III)

The presence of areas of high erosion potential.

(IV)

The potential for the delivery and deposition of sediment and wood from upslope sources.

(B)

Vegetative management projects undertaken in riparian reserves or vegetative management projects or harvest undertaken in the outer riparian zone shall not cut or harvest trees in the 90 year age class or above.

(3)

(A)

(i)

The Secretary shall establish within Forestry Emphasis Areas described in paragraph (2)(A) riparian reserves in accordance with clause (ii).

(ii)

The widths of a riparian reserve established under clause (i) shall be as follows:

(I)

1 site-potential tree or 150-feet slope distance, whichever is greater, from a fish-bearing stream of great ecological importance, as determined by the Secretary.

(II)

1 site-potential tree or 150-feet slope distance, whichever is greater, from a nonfish-bearing stream of great ecological importance, as determined by the Secretary

(III)

100-feet slope distance from a fish-bearing stream that is not a stream described in subclauses (I) and (II).

(IV)

50-feet slope distance from a nonfish-bearing stream that is not a stream described in subclauses (I) and (II).

(iii)

The ecological forestry practices established in sections 8 and 9 of this Act shall apply the riparian reserves established in clause (ii) and the riparian management of section 4 of this Act.

(B)

(i)

(I)

The outer riparian zone is the area between the riparian reserve established in clause (A)(ii) and one site-potential tree height.

(II)

The Secretary may carry out harvest in areas in the outer riparian zones using the standards for ecological forestry in Forestry Emphasis Areas subject to section 4(a)(3)(D) and other relevant provisions of this Act.

(C)

When harvesting timber within the outer riparian zone, the Secretary shall employ tree tipping and tree felling activities during the harvest to maintain wood recruitment to adjacent streams.

(D)

Not later than 60 days after the date of enactment of the Oregon and California Land Grant Act of 2014, the Secretary, in consultation with the Director of the United States Fish and Wildlife Service, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the United States Geological Survey and the Administrator of the Environmental Protection Agency, shall establish minimum live and dead tree retention levels for thinning and other vegetation management projects consistent with the goals identified in subsection (a)(1).

(4)

Riparian reserves and reserve widths within the Conservation Emphasis Areas, source water emphasis areas, and Key Watersheds shall be managed to carry out the Aquatic Conservation Strategy as set forth in subsection (a)(1) without modifications set forth in subsection (a)(2).

(5)

(A)

Not earlier than 5 years after the date of enactment of the Oregon and California Land Grant Act of 2014, and not more frequently than once each 5 years thereafter, the Secretary may adjust the riparian reserve widths established under paragraph (1), as well as the size of designated key watersheds, subject to the advice of the scientific committee established under subparagraph (B).

(B)

(i)

The Secretary shall establish a scientific committee made up of scientific and land management expertise to determine whether the riparian reserve widths and management should be adjusted to better attain the goals and objectives of the Aquatic Conservation Strategy.

(ii)

In addition to not more than 6 representatives of the Federal Government (including 1 representative of each of the Bureau of Land Management, the National Oceanic and Atmospheric Administration, the United States Geological Survey, the Environmental Protection Agency, the United States Forest Service, and the United States Fish and Wildlife Service), the scientific committee shall include 6 individuals, to be appointed by the Secretary, who—

(I)

are not full-time employees of the Federal Government; and

(II)

have expertise relating to aquatic and riparian ecosystems, as demonstrated by—

(aa)

an advanced degree in a related field; and

(bb)

subsequent relevant work experience.

(iii)

The scientific committee shall make recommendations regarding whether the riparian reserve widths and management should be adjusted on individual bodies of water, and submit said recommendations to the Secretary in a report, taking into consideration—

(I)

the criteria listed in section 4(a)(2)(A)(ii);

(II)

additional criteria deemed appropriate;

(III)

new scientific information and understanding; and

(IV)

the need to manage covered lands per section 3(b).

(iv)

On receipt of the report under clause (iii), the Secretary shall—

(I)

make the report available to the public; and

(II)

provide a period of not less than 60 days for public comment regarding the recommendations contained in the report.

(v)

After taking into consideration the report under clause (iii) and any public comments received under clause (iv)(II), the Secretary may adjust the riparian reserve width—

(I)

taking into consideration the recommendations included in the report, and the public comments; and

(II)

if the Secretary determines that the adjustment meet the aquatic goals established in the Aquatic Conservation Strategy under paragraph (a)(1) and would be in the public interest.

(b)

(1)

Except as provided in sections 3(e) and 3(j) of this Act, and paragraph (2) of this subsection, the Secretary shall not construct a road inside a riparian reserve.

(2)

(A)

The Secretary may construct a temporary road to enter a riparian reserve, including crossing a stream where necessary, to complete a vegetation management project, if—

(i)

there is no existing road system that can be used;

(ii)

it is not possible to construct a road outside of the riparian reserve;

(iii)

the temporary road is decommissioned no more than 2 years after it is constructed or and the project for which it was constructed is completed, whichever comes first; and

(iv)

any significant potential adverse impacts from the construction of any temporary road do not persist more than 1 year after the temporary road is decommissioned.

(B)

The Secretary may realign an existing road permanently inside a riparian reserve, including the replacement of stream crossings, if the Secretary determines that the realignment will maintain, restore, or improve aquatic or riparian ecosystems and water quality.

(c)

(1)

The Secretary may conduct certain activities on the covered land in accordance with this subsection.

(2)

(A)

During a vegetation management project, the Secretary may carry out tree tipping and tree felling activities within the riparian reserves in Dry Forestry Emphasis Areas or Moist Forestry Emphasis Areas as the Secretary determines necessary to improve habitat for aquatic species.

(B)

The Secretary shall annually, subject to appropriations, use not less than $1,000,000, indexed for inflation, of amounts made available under section 12(c) to transport and place large trees in streams on Federal, State, or private land to improve fish habitat.

(C)

Within riparian reserves, the Secretary may only plant vegetation that is native to the site.

(D)

The Secretary may replace a culvert that impedes the passage of fish or is unable to withstand a 100-year flood event.

(3)

Except as provided in paragraph (4), each activity described in paragraph (2) shall be—

(A)

considered an action categorically excluded from review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation); and

(B)

exempt from administrative review.

(4)

Paragraph (3) does not apply to any activity located in—

(A)

a component of the National Wilderness Preservation System;

(B)

a component of the National Wild and Scenic Rivers System;

(C)

lands with wilderness characteristics as defined in the Bureau of Land Management Manual provisions 6310 and 6320; or

(D)

a Conservation Emphasis Area established by section 10 if the activity would be inconsistent with the purposes and values for which the area was established.

(a)

Not later than 30 days after the date of enactment of the Oregon and California Land Grant Act of 2014, and every 5 years thereafter the Secretary shall publish in the Federal Register a notice of intent to prepare—

(1)

the landscape prioritization plan; and

(2)

the draft comprehensive environmental impact statements required under section 6(g)(2).

(b)

During the 45-day period beginning on the date of publication of the notice of intent under subsection (a), the Secretary shall solicit public comments regarding—

(1)

the scope and content of the documents described in subsection (a); and

(2)

the impacts that the Secretary should analyze regarding the alternatives in the draft comprehensive environmental impact statements described in subsection (a)(2).

(c)

The Secretary shall include the notice of intent in the development or revision of a land use plan required under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) for the covered land or shall amend the land use plan required under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) for the covered land.

(d)

Not later than 30 days after the date on which a notice of intent is published under subsection (a), the Secretary of the Interior, the Secretary of Commerce, and the Administrator of the U.S. Environmental Protection Agency shall—

(1)

enter into an early planning and consultation agreement, including timelines, regarding the development of information, data and/or documents required to carry out this Act with—

(A)

the United States Fish and Wildlife Service;

(B)

the National Oceanic and Atmospheric Administration;

(C)

the Environmental Protection Agency; and

(D)

the U.S. Geological Survey; and

(2)

invite to serve as cooperating agencies or to provide comments regarding the notice of intent—

(A)

the State of Oregon;

(B)

Federally recognized Indian tribes with ancestral land or officially ceded lands in the covered land ; and

(C)

affected units of local government.

(a)

Not later than 270 days after the date of enactment of the Oregon and California Land Grant Act of 2014, and every 5 years thereafter the Secretary, shall develop and make available to the public a landscape prioritization plan, which shall prioritize vegetation management projects and describe activities to be performed and areas to be established to satisfy landscape-related needs in the covered land—

(1)

as a part of the development or revision of a land use plan required under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) for the covered land; and

(2)

implement the landscape prioritization plan required in this section through the comprehensive environmental impact statements regardless of whether a revision of that land use plan has been completed.

(b)

The Secretary shall develop the landscape prioritization plan under this section under the agreement entered into under section 5(d) in coordination with the Director of the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration to ensure that the landscape prioritization plan complies with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and in coordination with the State of Oregon to ensure compliance with water quality standards adopted under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).

(c)

(1)

(A)

Subject to subparagraph (B), the Secretary shall identify the locations of the vegetation management projects that the Secretary proposes to conduct in the Moist Forestry Emphasis Area for the length of each Landscape Prioritization Plan.

(B)

(i)

For each consecutive 5-year period during the period described in subparagraph (A), the Secretary shall plan to conduct—

(I)

variable retention harvest consistent with this Act across stands that comprise 4 to 6 percent of the Moist Forestry Emphasis Area, subject to clause (ii); and

(II)

thinning activities consistent with this Act across stands in Moist Forest Emphasis Area

(ii)

The locations of the proposed vegetation management projects under clause (i)(I) shall be distributed across the Bureau of Land Management districts, to the extent practicable.

(2)

The Secretary shall identify the locations of the vegetation management projects consistent with ecological forestry principles the Secretary proposes to conduct in the Dry Forestry Emphasis Area for each consecutive length of the Landscape Prioritization Plan beginning on the date of enactment of the Oregon and California Land Grant Act of 2014.

(3)

The Secretary shall identify the locations of vegetation management projects, including habitat protection or restoration projects, the Secretary proposes to conduct in the Conservation Emphasis Area consistent with section 10 for the length of each Landscape Prioritization Plan beginning on the date of enactment of the Oregon and California Land Grant Act of 2014.

(4)

(A)

For each vegetation management project proposed by the Secretary, the Landscape Prioritization Plan shall include an identification of—

(i)

the location of forest stands to be treated;

(ii)

the approximate size and timing of the treatment in those stands;

(iii)

the specific vegetation treatment recommended for each forest stand; and

(iv)

the goals and objectives for any habitat protection or restoration projects.

(B)

In addition to identifying forest stands under subparagraph (A), the Secretary shall conduct onsite reviews to verify, at a minimum—

(i)

riparian and aquatic parameters and assessments;

(ii)

any streams or aquatic resources within the specific stands;

(iii)

water quality;

(iv)

the presence of sensitive or special status species and habitats;

(v)

road conditions and information; and

(vi)

forest stand boundaries.

(d)

The Secretary shall solicit public comments regarding the landscape prioritization plan for a period of not less than 60 days after the date on which the Secretary makes the landscape prioritization plan available to the public.

(e)

The Secretary shall revise the Landscape Prioritization Plan as the Secretary considers to be necessary, based on public comments received under subsection (d).

(f)

(1)

Each Landscape Prioritization Plan implementation shall be monitored annually, and evaluated every 5 years as a part of the development or revision of a resource management plan required under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.1712) for the covered land, with opportunity for public comment prior to finalizing the monitoring assessments.

(2)

In preparing the monitoring assessment, the Secretary shall include assessments and reports on—

(A)

changes in the volume and quality of timber sold;

(B)

changes in water quality;

(C)

changes in recreation;

(D)

the effectiveness of fish and wildlife protections;

(E)

the effectiveness of measures to prevent uncharacteristic wildfire; and

(F)

changes in forest health and fish and wildlife habitat.

(3)

Each Landscape Prioritization Plan shall include for monitoring and evaluation a description of the Moist Forest Emphasis Areas and Dry Forest Emphasis Areas—

(A)

for Moist Forestry Emphasis Areas—

(i)

landscape-level plans depicting areas of the moist forest landscape that would result in a distribution of variable retention regeneration harvests to ensure the desired placement and the appropriate scale of vegetation management projects; and

(ii)

areas that will accelerate the development of complex forest structure, including opportunities to create spatial heterogeneity (such as creating skips and gaps), in a young stand that has a canopy that has closed and been simplified through past forest management;

(B)

for Dry Forestry Emphasis Areas—

(i)

a landscape-level plan depicting areas of dry forest landscape that will be left over the length of the Landscape Prioritization Plan in a denser condition beginning on the date of enactment of the Oregon and California Land Grant Act of 2014; and

(ii)

areas that will minimize and reduce the risk of uncharacteristic fire and insect events, and improve fire resiliency particularly if critical components and values are at risk, including—

(I)

communities in the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511)); and

(II)

valuable forest structures, such as legacy trees and oak savannas that are in need of restoration or in danger from a potential fire risk;

(C)

for Conservation Emphasis Areas the Secretary shall describe and evaluate the landscape-level plan depicting areas of the Conservation Emphasis Areas that will be left in a more natural condition over the length of the Landscape Prioritization Plan beginning on the date of enactment of the Oregon and California Land Grant Act of 2014.

(g)

The Secretary shall annually use not less than $1,000,000, adjusted for inflation, of the amounts made available under section 13(c) to monitor short-term and long-term changes in forest health, water quality, and fish and wildlife habitat.

(h)

(1)

The Secretary shall implement the Landscape Prioritization Plan, including priorities and vegetation management projects identified in a landscape prioritization plan under section 6(a), in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the requirements of this section.

(2)

Not later than 18 months after the date of enactment of the Oregon and California Land Grant Act of 2014, and every 5 years thereafter the Secretary shall publish notice in the Federal Register of the availability for public review of 2 draft comprehensive environmental impact statements for the vegetation management projects proposed to be carried out during the 5- year period, of which—

(A)

one shall cover the Moist Forestry Emphasis Area and, of the Conservation Emphasis Areas designated under section 10—

(i)

the Conservation Network that is predominantly moist forest;

(ii)

the Late Successional Old-Growth Forest Heritage Reserves;

(iii)

the Drinking Water Special Management Units;

(iv)

the Molalla National Recreation Area;

(v)

the Crabtree Valley Primitive Backcountry Area;

(vi)

the Brummit Fir Primitive Backcountry Area;

(vii)

the Kilchis Wild Salmon Refuge Area; and

(viii)

the Protected Environmental Zones that are predominantly moist forest; and

(B)

one shall cover the Dry Forestry Emphasis Area and, of the Conservation Emphasis Areas designated under section 10—

(i)

the Conservation Network that is predominantly dry forest;

(ii)

the Rogue Canyon National Recreation Area;

(iii)

the Illinois Valley Salmon and Botanical Area;

(iv)

the Grizzly Peak Primitive Backcountry Area;

(v)

the Dakubetede Primitive Backcountry Area;

(vi)

the Wellington Wildlands Primitive Backcountry Area;

(vii)

the Mungers Butte Primitive Backcountry Area;

(viii)

the Pacific Crest Trail Corridor;

(ix)

the Applegate Primitive Backcountry Area; and

(x)

the Protected Environment Zones that are predominantly dry forest.

(3)

Each draft comprehensive environmental impact statement under this subsection shall analyze different locations for the relevant vegetation management projects under—

(A)

the no-action alternative; and

(B)

three other alternatives that are consistent with this Act.

(4)

The Secretary shall require the Directors of the U.S. Bureau of Land Management and the U.S. Fish and Wildlife Service to coordinate and cooperate between their agencies, and shall coordinate and cooperate with the Secretary of Commerce in developing each draft comprehensive impact statement under this subsection to ensure compliance with the Endangered Species Act of 1973 (16 U.S.C.1531 et seq.).

(5)

The Secretary shall solicit public comment regarding the draft comprehensive environmental impact statements under subsection (b) during the 60-day period beginning on the date on which the Secretary makes the draft comprehensive environmental impact statements available to the public.

(6)

Not later than 27 months after the date of enactment of the Oregon and California Land Grant Act of 2014, and 9 months after publication of subsequent draft comprehensive environmental impact statements the Secretary—

(A)

shall prepare 2 final comprehensive environmental impact statements for the vegetation management projects that have been identified in the draft comprehensive environmental impact statements in paragraph (2);

(B)

shall publish in the Federal Register a notice of availability for public review of the final comprehensive environmental impact statements; and

(C)

may publish the final comprehensive environmental impact statements in conjunction with the environmental impact assessments relating to the land use plan developed by the Bureau of Land Management for the covered land.

(7)

Except as provided in section 7(a), not later than 60 days after the date on which a notice of availability of the final comprehensive environmental impact statements is published in the Federal Register, the Secretary shall issue a record of decision relating to the vegetation management projects analyzed in the final comprehensive environmental impact statements.

(a)

(1)

During the 60-day period described in section 6(h)(7), an eligible person may file an objection to the final comprehensive environmental impact statement, or during the first 15 days of the 90-day period described in section 7(b) an eligible person may protest a proposed vegetation management project. This objection or protest must be used in lieu of any other appeal that may be available. A protest will be considered and treated as an objection in this subsection.

(2)

To be eligible to file an objection to the final environmental impact statement or a protest for a proposed vegetation management project under paragraph (1), a person shall have submitted to the Secretary during the 60-day period described in section 6(h)(5) written comments that describe the objections to the action proposed under the final comprehensive environmental impact statement.

(3)

An objection to an individual vegetation management project may only be filed under paragraph (1) if the objector can show—

(A)

(i)

a proposed activity under the vegetation management project is inconsistent with a record of decision; and

(ii)

the likely impacts of that activity are inconsistent with the impacts analyzed in the final comprehensive environmental impact statement;

(B)

the vegetation management project violates the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); or

(C)

(i)

in the circumstance of new information, changed circumstances, or changed conditions on a particular project that may result in significant negative environmental impacts that were not encompassed in the analysis in the applicable final comprehensive environmental impact statement; and

(ii)

those circumstances were not considered in the final comprehensive environmental impact statement.

(4)

The Secretary shall respond in writing to an objection filed under paragraph (1) not later than 30 days after the date on which the objection is filed.

(5)

In response to an objection filed under paragraph (1), the Secretary may supplement the final comprehensive environmental impact statement or the draft Record of Decision to reflect the objection.

(6)

If a person files an objection under section 7(a)(1) relating to a final comprehensive environmental impact statement, the Secretary shall publish a record of decision for that final comprehensive environmental impact statement—

(A)

immediately after the Secretary responds to the objection; or

(B)

as soon as practicable after the date on which the Secretary supplements the final comprehensive environmental impact statement to reflect that objection under section 7(a)(4).

(b)

The Secretary shall not offer for a bid or implementation a vegetation management project pending the disposition of the objection. Not less than 90 days prior to actual commencement of the project, notice of a bid or implementation shall be published in the Federal Register and mailed electronically to each person that submitted comments on a comprehensive environmental impact statement and requested a reply.

(c)

(1)

A person may only challenge a covered agency action in a United States district court by bringing a covered civil action.

(2)

Venue for any covered civil action shall lie in the United States District Court for the District of Oregon or the United States District Court for the District of Columbia.

(3)

A person shall only have standing to bring a covered civil action under paragraph (1) for claims under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if that person filed an objection under subsection (a)(1).

(4)

A reviewing court under this subsection shall not consider any issue in a covered civil action unless the issue has previously been raised, in the discretion of the court, in writing in the administrative review process described in section 7(a) or through other judicial notice provisions required by Federal law.

(5)

A covered civil action shall not be maintained unless the covered civil action commenced not later than 75 days after the date on which the covered agency action to which the covered civil action relates is final.

(6)

(A)

Congress expects that judicial review of covered actions will be based on review of the administrative record prepared by the Secretary.

(B)

The disposition of the complaint, by summary judgment or any other mechanism, shall commence not later than 190 days after the date on which the covered civil action is commenced.

(C)

(7)

Except as otherwise provided in this section, judicial review of a covered agency action shall be conducted in accordance with subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act).

(a)

(1)

Timber from the Moist Forestry Emphasis Area shall be sold, cut, and removed in conformity with the principle of sustained yield as defined by the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and in accordance with the provisions of this Act.

(2)

The Secretary shall maintain the highest consistent timber production levels that can be sustained under ecological forestry principles and other provisions described in this Act.

(3)

(A)

The Secretary shall calculate —

(i)

the sustained yield and identify the quantity of timber the Secretary can produce as part of the draft comprehensive environmental impact statement required under this Act for the Moist Forestry Emphasis Area, not including riparian reserves established under section 4; and

(ii)

the quantity of timber as a by-product the Secretary can produce, as part of the Moist Forestry Emphasis Area, including riparian reserves established under section 4, and the portions of the Conservation Emphasis Area, as described in the draft comprehensive environmental impact statement under section 6(h)(2).

(B)

The Secretary shall—

(i)

calculate the quantities under clauses (i) and (ii) of subparagraph (A) in 5-year increments; and

(ii)

in calculating that quantity, classify the volume of timber that could be offered from the various areas defined in subparagraph (A).

(b)

(1)

Moist Forestry Emphasis Areas shall be managed in accordance with the principles of ecological forestry.

(2)

The ecological forestry principles referred to in paragraph (1) relate to variable retention regeneration harvests and include—

(A)

the retention of legacy trees;

(B)

the acceleration of the development of structural complexity, including spatial heterogeneity, through the use of diverse silvicultural approaches, such as variable density and clump-based thinning prescriptions;

(C)

the implementation of variable retention regeneration harvesting activities that retain approximately 1/3 of the live basal area of the forest within the harvest area, primarily but not exclusively in aggregates, provided that non-fish bearing stream riparian reserves within the harvest unit count towards retention, but other reserves, including riparian reserves on fish bearing streams, do not count;

(D)

(E)

the long-term establishment of a silvicultural system that includes the development and management of multiaged, mixed-species stands.

(3)

(A)

The Secretary shall designate not less than 4 percent and not greater than 6 percent of the moist forests described in paragraph (1) as land on which the Secretary shall carry out during each 5 year period variable retention regeneration harvesting activities, consistent with—

(i)

this section and other provisions of this Act;

(ii)

the Endangered Species Act (16 U.S.C. 1531 et seq.); and

(iii)

the environmental impact statement required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) as described in section 6.

(4)

The Secretary shall identify 50,000 acres of Moist Forest Emphasis Area that—

(A)

have been previously subject to forest management;

(B)

whose trees are in the 80 year age class or younger;

(C)

are not within one site-potential tree height of any stream, or within a source water emphasis area or a key watershed under the NWFP;

(D)

are not within critical habitat; and

(E)

apply the implementation of variable retention regeneration harvesting activities that retain approximately 1/4 of the live basal area of the forest within the harvest area, provided that non-fish bearing stream riparian reserves within the harvest unit count towards retention, but other reserves, including riparian reserves on fish bearing streams, do not. In total, not less than 15 percent of the live basal area in the stand, excluding all reserves, must be retained.

(c)

(1)

The Secretary shall not increase the total quantity of mileage of permanent, system and non-system roads that are operational in the Moist Forestry Emphasis Area to a quantity greater than the quantity of mileage in existence on the date of enactment of the Oregon and California Land Grant Act of 2014, excluding roads constructed pursuant to reciprocal rights of way agreements, easement obligations or other access rights of non-Federal parties in effect as of enactment of the Oregon and California Land Grant Act of 2014, subject to the rights of the owner of adjacent private land as set forth in sections 3(e) and 3(j) of this Act.

(2)

The Secretary—

(A)

may construct new system roads outside of the riparian reserves to carry out a vegetation management project under this Act; and

(B)

subject to the availability of appropriations and to the maximum extent practicable, shall reduce the quantity of mileage of system roads by decommissioning roads, subject to the rights of the owner of adjacent private land as set forth in sections 3(e) and 3(j) of this Act, provided that decommissioning shall be done with an adjacent private landowner if—

(i)

the adjacent private landowner is a party to a reciprocal right-of-way agreement covering an area which includes the road in question; or

(ii)

the decommissioning would remove or increase the cost of vehicular access to the adjacent private lands.

(3)

Subject to the availability of appropriations, the Secretary shall annually reduce the total quantity of mileage of nonsystem roads.

(4)

If the Secretary constructs a temporary road as part of a vegetation management project, the Secretary shall close and decommission the temporary road not later than the earlier of—

(A)

the date that is 2 years after the date on which the activity for which the temporary road was constructed is completed; and

(B)

the date that is 1 year after the date on which the vegetation management project is completed.

(a)

(1)

The Secretary shall manage the Dry Forestry Emphasis Area to increase the resiliency of the stands by reducing the risk from uncharacteristic wildfires, droughts, and insect or disease events while maintaining consistent timber production levels that can be sustained under ecological forestry principles and other provisions described in this Act.

(2)

Timber from the Dry Forestry Emphasis Area shall be sold, cut, and removed in conformity with the principle of sustained yield as defined by the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and in accordance with the provisions of this Act.

(3)

The Secretary shall maintain the highest consistent timber production levels that can be sustained under ecological forestry principles and other provisions described in this Act.

(4)

(A)

The Secretary shall calculate—

(i)

the sustained yield and identify the quantity of timber the Secretary can produce as part of the draft comprehensive environmental impact statement required under this Act for the Dry Forestry Emphasis Area, not including riparian reserves established under section 4; and

(ii)

the quantity of timber as a by-product the Secretary can produce, as part of the Dry Forestry Emphasis Area, including riparian reserves established under section 4, and the portions of the Conservation Emphasis Area, as described in the draft comprehensive environmental impact statement under section 6.

(b)

The Secretary shall maintain, restore, or improve conditions of tree density, tree composition, and tree size distribution that will result in a stand with a high level of resistance and resilience to uncharacteristic wildfires, droughts, and insect events.

(c)

In carrying out vegetation management projects, the Secretary shall give priority to areas that contain important components, including—

(1)

communities in the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511)); and

(2)

valuable forest structures, such as legacy trees and oak savannas that are in need of restoration or are in danger from uncharacteristic fire.

(d)

(1)

Dry Forestry Emphasis Areas shall be managed in accordance with ecological forestry principles described in paragraph (2).

(2)

The ecological forestry principles referred to in paragraph (1) include—

(A)

the retention and improvement of the survivability of legacy trees through the reduction of adjacent fuels and competing vegetation to promote resilience against mortality from insects, disease, and fire;

(B)

the retention and protection of important structures such as large hardwoods, snags, and logs;

(C)

the reduction of overall stand densities through partial cutting in an effort—

(i)

to reduce basal areas to desired levels, particularly in overstocked stands;

(ii)

to increase the mean stand diameter; and

(iii)

to shift the composition of stands to fire- and drought-tolerant species;

(D)

the restoration of spatial heterogeneity through the variation of the treatment of stands, such as by leaving untreated patches, creating openings, and establishing tree clumps and isolated single trees;

(E)

the establishment of new tree cohorts of shade-intolerant species in created openings;

(F)

the harvesting of timber during the restoration process;

(G)

the maintenance of sustainable and fire-resilient conditions in perpetuity through both passive and active management of the dry forests in accordance with this subsection, including the treatment of activity fuels and other surface and ladder fuels and understory vegetation using prescribed fire, natural fire or mechanical activities; and

(H)

the retention of a basal area after a partial cut that is not less than 35 percent of the initial basal area of the sale.

(e)

(1)

The Secretary shall not increase the total quantity of mileage of system roads that are operational in the Dry Forestry Emphasis Area to a quantity greater than the quantity of mileage in existence on the date of enactment of the Oregon and California Land Grant Act of 2014, excluding roads constructed pursuant to reciprocal rights of way agreements, easement obligations or other access rights of non-Federal parties in effect as of enactment of the Oregon and California Land Grant Act of 2014, subject to the rights of the owner of adjacent private land as set forth in sections 3(e) and 3(j) of this Act.

(2)

The Secretary—

(A)

may construct new system roads to carry out a vegetation management project; and

(B)

subject to the availability of appropriations, shall decommission or place into storage all system roads that the Secretary has not planned to use in the next 5 years for vegetation management projects or administrative purposes, subject to the rights of the owner of adjacent private land as set forth in sections 3(e) and 3(j) of this Act, provided that decommissioning shall be done with an adjacent private landowner if—

(i)

the adjacent private landowner is a party to a reciprocal right-of-way agreement covering an area which includes the road in question; or

(ii)

the decommissioning would remove or increase the cost of vehicular access to the adjacent private lands.

(3)

Subject to the availability of appropriations, the Secretary shall annually reduce the total quantity of mileage of nonsystem roads by decommissioning.

(4)

If the Secretary constructs a temporary road as part of a vegetation management project, the Secretary shall close and decommission the temporary road not later than the earlier of—

(A)

the date that is 2 years after the date on which the activity for which the temporary road was constructed is completed; and

(B)

the date that is 1 year after the date on which the vegetation management project is completed.

10.

(a)

The approximately 690,000 acres of land managed by the Secretary, as generally depicted as Conservation Network on the map entitled O&C Land Grant Act of 2014: Conservation Network and dated November 3, 2014, which is designated as the Conservation Network, the purpose of which is to create forest reserves providing ecological benefits and protect conservation values, including providing late successional old-growth forest complex habitat, complex early successional habitat, aquatic and riparian protection, fish and wildlife benefits, recreational and educational opportunities and other natural processes needed for the healthy functioning of the ecosystem, shall be managed in accordance with subsection (h).

(b)

The approximately 510,000 acres of land managed by the Secretary, as generally depicted on the map entitled O & C Land Grant Act of 2014: Late Successional Old-Growth Forest Heritage Reserves and dated November 3, 2014, which is designated as the Late Successional Old-Growth Forest Heritage Reserves, the purpose of which is to protect and preserve Moist Forest stands that, as of the date of enactment of the Oregon and California Land Grant Act of 2014, contain a 90 year or above age class, shall be managed by the Secretary in a manner that does not allow harvesting of any tree within the area.

(c)

(1)

For the purposes of ensuring the protection of the watersheds as a source of clean drinking water, to safeguard the water quality and quantity in the areas, and to allow visitors to enjoy the special scenic, natural, cultural, and fish and wildlife values of the watersheds, the following areas in the State of Oregon are designated as special management units for special management by the Secretary in accordance with subsection (h) and this subsection:

(A)

The approximately 12,042 acres of land managed by the Secretary , as generally depicted on the map entitled O&C Land Grant Act of 2014: McKenzie Source Water Emphasis Area and dated November 3, 2014, which is designated as the McKenzie Drinking Water Special Management Unit.

(B)

The approximately 1,243 acres of land managed by the Secretary, as generally depicted on the map entitled O&C Land Grant Act of 2014: Hillsboro Source Water Emphasis Area and dated November 3, 2014, which is designated as the Hillsboro Drinking Water Special Management Unit.

(C)

The approximately 416 acres of land managed by the Secretary, as generally depicted on the map entitled O&C Land Grant Act of 2014: Clackamas Source Water Emphasis Area and dated November 3, 2014, which is designated as the Clackamas Drinking Water Special Management Unit.

(D)

The approximately 3,161 acres of land managed by the Secretary, as generally depicted on the map entitled O&C Land Grant Act of 2014: Springfield Source Water Emphasis Area and dated November 3, 2014, which is designated as the Springfield Drinking Water Special Management Unit.

(2)

The grazing of livestock shall not be allowed within a special management unit designated by paragraph (1).

(d)

For the purposes of protecting , conserving, and enhancing the unique and nationally important recreational, ecological, scenic, cultural, watershed, and fish and wildlife values of the areas, the following areas in the State of Oregon are designated as recreation areas for management by the Secretary in accordance with subsection (h):

(1)

The approximately 94,700 acres of Bureau of Land Management land, within the boundary generally depicted on the map entitled O&C Land Grant Act of 2014: Rogue Canyon National Recreation Area and dated November 3, 2014, which is designated as the Rogue Canyon National Recreation Area.

(2)

The approximately 24,100 acres of Bureau of Land Management land, within the boundary generally depicted on the map entitled O&C Land Grant Act of 2014: Molalla National Recreation Area and dated November 3, 2014, which is designated as the Molalla National Recreation Area.

(e)

For the purposes of protecting, preserving and enhancing the natural character, scientific use, and the botanical, recreational, ecological, fish and wildlife, scenic, drinking water, or cultural values of the areas or to preserve opportunities for primitive recreation, the following areas in the State of Oregon are designated for special management by the Secretary in accordance with subsection (h):

(1)

The approximately 15,000 acres of Bureau of Land Management land, as generally depicted on the map entitled O&C Land Grant Act of 2014: Illinois Valley Salmon and Botanical Area and dated November 3, 2014, which is designated as the Illinois Valley Salmon and Botanical Special Management Area.

(2)

The approximately 9,000 acres of Bureau of Land Management land, as generally depicted on the map entitled O&C Land Grant Act of 2014: Kilchis Wild Salmon Refuge Area and dated November 3, 2014, which is designated as the Kilchis Wild Salmon Refuge Area.

(3)

The purpose of this restoration unit is to ensure the protection, maintenance and restoration of the salmonid resources of these rivers segments. The riparian areas along the mainstem of the Smith River, from the confluence of Spencer Creek (Smith River mile 22.8), upstream to Clabber Creek (Smith River mile 60.5), which flows through the covered lands and the mainstem of the West Fork of the Smith River, from the confluence of W. Fork Smith river with the main stem Smith River (Smith River mile 34.5) upstream along the West Fork of the Smith River to the junction of Upper W. Fork Smith River Road (W. Fork Smith River mile 12.43), which flows through the covered lands, will be managed to under section 4(a)(1 of this Act without modifications under 4(a)(2).

(4)

The approximately 2,100 acres of Bureau of Land Management land, as generally depicted on the map entitled O&C Land Grant Act of 2014: Grizzly Peak Primitive Backcountry Area and dated November 3, 2014, which is designated as the Grizzly Peak Primitive Backcountry Special Management Area.

(5)

The approximately 21,200 acres of Bureau of Land Management land, as generally depicted on the map entitled O&C Land Grant Act of 2014: Dakubetede Primitive Backcountry Area and dated November 3, 2014, which is designated as the Dakubetede Primitive Backcountry Special Management Area.

(6)

The approximately 5,700 acres of Bureau of Land Management land, as generally depicted on the map entitled O&C Land Grant Act of 2014: Wellington Wildlands Primitive Backcountry Area and dated November 3, 2014, which is designated as the Wellington Wildlands Primitive Backcountry Special Management Area.

(7)

The approximately 10,200 acres of Bureau of Land Management land, as generally depicted on the map entitled O&C Land Grant Act of 2014: Mungers Butte Primitive Backcountry Area and dated November 3, 2014, which is designated as the Mungers Butte Primitive Backcountry Special Management Area.

(8)

The approximately 2,000 acres of Bureau of Land Management land, as generally depicted on the map entitled O&C Land Grant Act of 2014: Brummit Fir Primitive Backcountry Area and dated November 3, 2014, which is designated as the Brummit Fir Primitive Backcountry Special Management Area.

(9)

The approximately 2,100 acres of Bureau of Land Management land, as generally depicted on the map entitled O&C Land Grant Act of 2014: Crabtree Valley Primitive Backcountry Area and dated November 3, 2014, which is designated as the Crabtree Valley Primitive Backcountry Special Management Area.

(10)

The approximately 9,000 acres of Bureau of Land Management land, as generally depicted on the map entitled O&C Land Grant Act of 2014: Crabtree Valley Primitive Backcountry Area and dated November 1, 2014, which is designated as the Crabtree Valley Primitive Backcountry Special Management Area.

(11)

The approximately 95,767 acres of land administered by the Secretary, as generally depicted on the map entitled O&C Land Grant Act of 2014: Special Environmental Zones and dated November 3, 2014, which is designated as the Special Environmental Zone Special Management Area.

(f)

Subject to valid existing rights, the Secretary shall administer the approximately 2,050 acres of land administered by the Director of the Bureau of Land Management generally depicted on the map entitled O&C Land Grant Act of 2014: Cascade-Siskiyou National Monument Expansion and dated November 3, 2014, as part of the Cascade-Siskiyou National Monument and subject to the same proclamation, regulations, rules and policies that apply to the rest of the national monument.

(g)

(1)

There is designated in the State of Oregon a protective corridor for the Pacific Crest National Scenic Trail, to be known as the Pacific Crest Trail Protection Corridor, consisting of all Bureau of Land Management land located within approximately 1/4 mile on either side of the Pacific Crest National Scenic Trail, beginning at the west boundary of Section 23, T.40.S, R.7.W, W.M. at the border of the Klamath National Forest in the Siskiyou Mountains, continuing approximately 45 miles and ending at the eastern boundary Section 13, T.38.S, R.4.E, W.M near the southern boundary of the Rogue River National Forest in the Cascade Range, to be managed by the Secretary in accordance with subsection (h).

(2)

The purposes of the Pacific Crest Trail Protection Corridor are to protect and enhance the recreational, scenic, historic, and wildlife values of the Pacific Crest National Scenic Trail in as natural and undeveloped a state as practicable.

(3)

Forest roads crossing the Pacific Crest Trail Protection Corridor or within the Pacific Crest Trail Protection Corridor shall be limited to those necessary for the proper use and administration of adjacent public land, as determined by the Secretary in applicable management plans.

(h)

(1)

(A)

As soon as practicable after the date of enactment of the Oregon and California Land Grant Act of 2014, the Secretary shall a prepare a map and legal description of each Conservation Emphasis Area.

(B)

The maps and legal descriptions prepared under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in the maps and legal descriptions.

(C)

The maps and legal descriptions prepared under subparagraph (A) shall be available for public inspection in the appropriate offices of the Bureau of Land Management.

(2)

(A)

The Secretary shall administer each Conservation Emphasis Area—

(i)

in a manner that furthers the purposes for which the Conservation Emphasis Area was established; and

(ii)

in accordance with—

(I)

this subsection;

(II)

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and

(III)

any other applicable Federal laws.

(B)

The Secretary shall only allow uses of a Conservation Emphasis Area that are consistent with the purposes and values for which the Conservation Emphasis Area is established.

(C)

Subject to valid existing rights, all Federal surface and subsurface land within a Conservation Emphasis Area is withdrawn from—

(i)

all forms of entry, appropriation, or disposal under the public land laws;

(ii)

location, entry, and patent under the mining laws; and

(iii)

operation under the mineral leasing and geothermal leasing laws.

(3)

Nothing in this section creates any protective perimeter or buffer zone around an area designated under this section.

(4)

The use of motorized vehicles within the Conservation Emphasis Areas shall be limited to roads allowed by the Secretary for such use, provided that the Secretary may allow off-road vehicle use in designated portions of the areas designated by this section if such use is consistent with the purposes and values for which the area was designated.

(5)

(A)

Subject to subparagraph (B), in the Conservation Emphasis Area (other than a special management area designated by subsection (e)), the cutting, sale, or removal of timber may be permitted—

(i)

to the extent necessary to improve forest health in ways that also—

(I)

improve the habitats of threatened or endangered species or species considered sensitive by the Secretary over the long term after completion of the vegetation management project; or

(II)

in the case of harvests in moist forest sites, is conducted—

(aa)

through variable density and clump based thinning;

(bb)

in a manner that retains legacy trees; and

(III)

in the case of dry forests, through partial cutting in a manner that retains legacy trees;

(ii)

is also in furtherance of the purposes for which the Conservation Emphasis Area was established; or

(iii)

for de minimis personal or administrative use within a Conservation Emphasis Area established in subsection (a), if the use would not impact the purposes for which the Conservation Network was established.

(B)

Notwithstanding subparagraph (A), forest thinning and vegetation treatments may be permitted in a special management area designated by subsection (e), if the purpose of the treatments is—

(i)

to improve forest health in a case in which the forest is threatened by uncharacteristic fire, an insect event, or disease;

(ii)

to improve or maintain recreational facilities and opportunities; or

(iii)

to protect public health or safety.

(C)

The Secretary shall calculate the quantity of timber that the Secretary would produce from the Conservation Emphasis Areas as a by-product of the conservation management, not including riparian reserves established under section 4 and Late Successional Old-Growth Heritage Reserves.

(i)

(1)

The Secretary, to the maximum extent practicable, shall decrease the total mileage of system roads that are operational in the Conservation Emphasis Areas to a quantity less than the quantity of mileage in existence on the date of enactment of the Oregon and California Land Grant Act of 2014. The Secretary shall prioritize decreasing the mileage of the road network in order to reduce impacts to water quality from sediment delivered to streams by forest roads.

(2)

If the Secretary constructs a temporary road as part of a vegetation management project, the Secretary shall close and decommission the temporary road not later than the earlier of—

(A)

the date that is 2 years after the date on which the activity for which the temporary road was constructed is completed; and

(B)

the date that is 1 year after the date on which the vegetation management project is completed.

(3)

The Secretary shall prohibit any new system or nonsystem road within the Conservation Emphasis Areas and key watersheds under the NWFP after the date of enactment of the Oregon and California Land Grant Act of 2014 except as necessary, where no practicable alternative exists and subject to the availability of appropriations. The Secretary shall also prohibit the construction of any new road in any roadless area or areas with wilderness characteristics.

(4)

Requirements in section 4(b) apply to riparian reserves in the Conservation Emphasis Areas.

11.

(a)

The Secretary may exchange Federal land in the Moist Forestry Emphasis Area or the Dry Forestry Emphasis Area or the Conservation Emphasis Area or interests in the Federal land in the Emphasis Areas for adjacent non-Federal land or interests in the non-Federal land if—

(1)

the Federal land does not contain critical habitat for a species listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(2)

the Federal land is not identified in the landscape prioritization plan developed under section 6(a);

(3)

the Secretary determines that the land exchange would facilitate the administration of the Moist Forestry Emphasis Area or Dry Forestry Emphasis Area or the Conservation Emphasis Area; and

(4)

the Secretary determines that the land exchange is in the public interest, including, but not limited to, the acknowledgment that the consolidation of Federal land and non-Federal land and the enhancement of conservation values are in the in public interest.

(b)

(1)

The approximately 25,000 acres of lands, as generally depicted as BLM to USFS on the map entitled O & C Land Grant Act of 2014: Land Management Rationalization and dated November 3, 2014, are transferred to the administration of the Forest Service in the Department of Agriculture from the administration of the Department of the Interior Bureau of Land Management.

(2)

The Secretary of Agriculture, through the Chief of the Forest Service, shall manage the lands described in paragraph (1):

(A)

as other National Forest Systems lands and subject to the same statutes, regulations and policies;

(B)

as they have been generally managed under the Northwest Forest Plan and the appropriate Bureau of Land Management resource management plan at least until revised in a land and resource management plan revision; and

(C)

under any specific statutes that may apply to any of these lands.

(3)

The Secretary of Agriculture, through the Chief of the Forest Service, shall adjust the official boundaries of the relevant national forests to accommodate the inclusion of the lands described in paragraph (1).

(c)

(1)

Not later than 30 days after the date of enactment of the Oregon and California Land Grant Act of 2014, the Secretary of Agriculture shall identify for transfer to the Secretary of the Interior approximately 102,000 acres of U.S. Forest Service land, some of which is identified on the map entitled O&C Land Grant Act of 2014: Land Management Rationalization and dated November 3, 2014, with the following criteria—

(A)

adjacent to existing Bureau of Land Management covered land under this Act;

(B)

facilitates management by reducing fragmentation and creating more contiguous parcels of lands for both the U.S. Forest Service and Bureau of Land Management lands; and

(C)

appropriate for designation into Moist or Dry Forestry Emphasis Areas as identified in this Act; and

(D)

not within—

(i)

inventoried roadless areas;

(ii)

wilderness or other designated conservation areas; or

(iii)

high-quality critical habitat.

(2)

The Secretary shall manage the lands described in subparagraph (1) under this Act, including section 4(a)(1) without modification under section 4(a)(2).

(3)

Not later than 30 days after completion of actions required under paragraph (1), the Secretary of Agriculture and the Secretary of the Interior shall identify for transfer to the Secretary of the Interior not less than 206,000 acres of Forest Service land ecologically associated with the acres identified in paragraph (1) and other covered lands, suitable for conservation protection.

(4)

(A)

The Secretary shall allocate, as most appropriately consistent with this Act, the lands described in paragraph (3) into—

(i)

moist forestry emphasis area subject to the provisions of section 8; or

(ii)

dry forestry emphasis area subject to the provisions of section 9.

(B)

The Secretary shall designate the lands described in paragraph (3) as Conservation Emphasis Areas to be managed under section 10 and section 4(a)(1) without modification under section 4(a)(2) of this Act.

(5)

(A)

Within one year of the date of enactment of the Oregon and California Land Grant Act of 2014, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report detailing how, after consideration of public comment in subparagraph (B), the lands described in paragraph (1) were allocated pursuant to paragraph (3).

(B)

Before submitting the report as required in subparagraph (A), the Secretary shall make a draft available for public comment for no less than 60 days.

(d)

(1)

The approximately 3,502 acres of lands, as generally depicted as USACE to BLM on the map entitled O & C Land Grant Act of 2014: Land Management Rationalization and dated November 3, 2014, are transferred to the administration of the Bureau of Land Management in the Department of the Interior from the administration of the United States Army Corps of Engineers.

(2)

(A)

The Secretary shall—

(i)

allocate as appropriate the transferred lands that are not within the Elk Creek Wild and Scenic River management corridor, to the Dry Areas Conservation Network or the Moist Areas Conservation Network established in Sec. 10(a); and

(ii)

manage the transferred lands consistent with this Act.

(B)

The Secretary of the Army, through the Corps of Engineers, will continue to have the obligation to maintain the safe condition of the Elk Creek Dam structure, rock piles and associated components, in an area of approximately 147.1 acres of the transferred lands.

(e)

(1)

The Secretary shall establish a program to be known as the Legacy Roads and Trails program to provide—

(A)

(B)

urgently needed road repairs required due to recent storm events; or

(C)

the decommissioning of unauthorized roads that are not part of the transportation system.

(2)

(A)

The Secretary shall—

(i)

consider public input in the selection of projects; and

(ii)

publish the selection process of the Secretary on the website of the Bureau of Land Management.

(B)

In selecting projects under this subsection, the Secretary shall give priority to decommissioning and repairing roads and trails in—

(i)

environmentally sensitive areas; and

(ii)

areas in which roads may be contributing to water quality problems in streams and water bodies that support threatened or endangered species, or species considered sensitive by the Secretary.

(3)

Not later than 120 days after the end of each fiscal year, the Secretary shall submit to Congress a report on the status of the projects selected for completion in the previous 2 fiscal years.

(4)

There is authorized to be appropriated to carry out this subsection $5,000,000 adjusted for inflation for each of fiscal years 2013 through 2023.

12.

(a)

Effective for fiscal year 2014 and each fiscal year thereafter, all receipts generated from activities on covered land shall be collected, deposited in a separate fund in the Treasury designated the Oregon and California Railroad Grant Lands Fund, and distributed annually in accordance with this section and title II of the Oregon and California Land Grant Act (43 U.S.C. 1181f) and sections 1 through 4 of the Act of May 24, 1939 (43 U.S.C. 1181f-1 through 1181f-4), as applicable.

(b)

Subject to subsection (d)(4), as soon as practicable after the end of each fiscal year described in subsection (a), $4,000,000 of all amounts received by the Secretary for the applicable fiscal year from the covered land shall be transferred to the general fund of the Treasury.

(c)

(1)

Subject to paragraph (2) and subsection (d)(4), all amounts received for the applicable fiscal year by the Secretary from the covered land shall be used to pay for the management of, administrative expenses for, and capital improvement costs for the covered land, including the protection or restoration of fish and wildlife habitat on the covered land.

(2)

The amount of revenue that is used to pay for expenses and costs for a fiscal year under paragraph (1) shall not exceed—

(A)

25 percent of all amounts received for the applicable fiscal year by the Secretary from the covered land during the fiscal year; or

(B)

$20,000,000 in 2014 dollars indexed for inflation.

(d)

(1)

(2)

Payments shall be made available to covered counties under this subsection as soon as practicable following the end of each fiscal year.

(3)

Payments made to covered counties under this subsection shall be used as other county funds.

(4)

(A)

Subject to clauses (ii) and (iii), the annual payment paid to a covered county under this subsection, to the extent practicable, shall not be less than the payment that the covered county would have received solely under this Act (as in effect on the day before the date of enactment of the Oregon and California Land Grant Act of 2014) for fiscal year 2013 if the covered county had elected to receive payment under this Act and not under any other law.

(B)

(b)

(1)

Section 2002(b)(2) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7202(b)(2)) is amended—

(A)

in subparagraph (D), by striking and after the semicolon;

(B)

by redesignating subparagraph (E) as subparagraph (F); and

(C)

by inserting after subparagraph (D) the following:

(E)

public land designated as Oregon and California Land grant land in the State of Oregon, administered by the Bureau of Land Management as conservation emphasis areas; and

(2)

The first section of the Act of June 24, 1954 (68 Stat. 270, chapter 357; 43 U.S.C. 1181g) is amended in subsection (a)—

(A)

by striking are hereby declared to be revested Oregon and California Railroad grant lands; and said lands; and

(B)

by striking : Provided, That and all that follows through the end of the subsection and inserting a period.

102.

(a)

(1)

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:

(208)

The approximately 15.5-mile segment from its confluence with Ginger Creek downstream until it crosses T. 4 S., R. 7 W., sec. 7, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river.

(209)

The approximately 2-mile segment from the headwaters in T. 3 S., R. 6 W., sec. 20 downstream to the confluence with the Nestucca River in T. 3 S., R. 6 W., sec. 15, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river.

(210)

(211)

The approximately 17.6-mile segment from the Bureau of Land Management boundary located at the north boundary of the southwest quarter of the southeast quarter of T. 38 S., R. 4 E., sec. 34, Willamette Meridian, downstream to the Oregon State border, to be administered by the Secretary of the Interior as a scenic river.

(212)

The approximately 1.1-mile segment from its source at Shoat Springs in T. 40 S., R. 4 E., sec. 34, Willamette Meridian, downstream to the confluence with Jenny Creek in T. 41 S., R. 4 E., sec. 3, Willamette Meridian, to be administered by the Secretary of the Interior as a scenic river.

(213)

The approximately 5-mile segment from T. 15 S., R. 8 W., sec. 35, Willamette Meridian, downstream to the edge of the Bureau of Land Management boundary in T. 15 S., R. 8 W., sec. 15, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river.

(214)

The approximately 7.3-mile segment from its confluence with Flat Creek near river mile 9, to the southern edge of the Army Corps of Engineers boundary in T. 33 S., R. 1 E., sec. 30, Willamette Meridian, near river mile 1.7, to be administered by the Secretary of the Interior as a scenic river.

(2)

(A)

Notwithstanding section 3(b), the lateral boundaries of the scenic river area along Elk Creek shall include an average of not more than 640 acres per mile measured from the ordinary high water mark on both sides of the river.

(B)

The Elk Creek Project, authorized by the Flood Control Act of 1962 (Public Law 87–874, 21 September 1962) is deauthorized.

(b)

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (76) and inserting the following:

(76)

The 63.1-mile segment to be administered by the Secretary of Agriculture in the following classes:

(A)

The 17-mile segment from the confluence of the North and South Forks of the Elk to Anvil Creek as a recreational river.

(B)

(i)

The approximately 0.6 mile segment of the North Fork Elk from its source in sec.21, T. 33 S., R. 12 W., Willamette Meridian, downstream to 0.01 miles below Forest Service Road 3353, as a scenic river.

(ii)

The approximately 5.5-mile segment of the North Fork Elk from 0.01 miles below Forest Service Road 3353 to its confluence with the South Fork Elk, as a wild river.

(C)

(i)

The approximately 0.9-mile segment of the South Fork Elk from its source in the southeast quarter of sec. 32, T. 33 S., R. 12 W., Willamette Meridian, downstream to 0.01 miles below Forest Service Road 3353, as a scenic river.

(ii)

The approximately 4.2-mile segment of the South Fork Elk from 0.01 miles below Forest Service Road 3353 to its confluence with the North Fork Elk, as a wild river.

(D)

(i)

The approximately 1.7-mile segment of Rock Creek from its headwaters to its confluence with Elk River, as a wild river.

(ii)

The approximately 8-mile segment of Bald Mountain Creek from its headwaters, including Salal Spring to its confluence with Elk River, as a recreational river.

(iii)

The approximately 3.5-mile segment of South Fork Bald Mountain Creek from its headwaters to its confluence with Bald Mountain Creek, as a scenic river.

(iv)

The approximately 1-mile segment of Platinum Creek from—

(I)

its headwaters to 0.01 miles above Forest Service Road 5325, as a wild river; and

(II)

0.01 miles above Forest Service Road 5325 to its confluence with Elk River, as a wild river.

(v)

The approximately 5.0-mile segment of Panther Creek from—

(I)

its headwaters, including Mountain Well, to 0.01 miles above Forest Service Road 5325, as a wild river; and

(II)

0.01 miles above Forest Service Road 5325 to its confluence with Elk River, as a scenic river.

(vi)

The approximately 3.0-mile segment of East Fork Panther Creek from it headwaters, to the confluence with Panther Creek, as a wild river.

(vii)

The approximately 3.0-mile segment of West Fork Panther Creek from its headwaters to the confluence with Panther Creek as a wild river.

(viii)

The approximately 1.0-mile segment of Lost Creek from—

(I)

its headwaters to 0.01 miles above Forest Service Road 5325, as a wild river; and

(II)

0.01 miles above Forest Service Road 5325 to its confluence with the Elk River, as a scenic river.

(ix)

The approximately 1.5-mile segment of Milbury Creek from—

(I)

its headwaters to 0.01 miles above Forest Service Road 5325, as a wild river; and

(II)

0.01 miles above Forest Service Road 5325 to its confluence with the Elk River, as a scenic river.

(x)

The approximately 5.0-mile segment of Blackberry Creek from—

(I)

its headwaters to 0.01 miles above Forest Service Road 5325, as a wild river; and

(II)

0.01 miles above Forest Service Road 5325 to its confluence with the Elk River, as a scenic river.

(xi)

The approximately 1.0-mile segment of McCurdy Creek from—

(I)

its headwaters to 0.01 miles above Forest Service Road 5325, as a wild river; and

(II)

0.01 miles above Forest Service Road 5325 to its confluence with the Elk River, as a scenic river. and

(xii)

The approximately 1.5-mile segment of Bear Creek from headwaters to the confluence with Bald Mountain Creek, as a recreational river.

(c)

Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by paragraphs (208) through (215) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is withdrawn from all forms of—

(1)

entry, appropriation, or disposal under the public land laws;

(2)

location, entry, and patent under the mining laws; and

(3)

disposition under all laws relating to mineral and geothermal leasing or mineral materials.

201.

In this subtitle:

(1)

The term Federal land means the approximately 14,804 acres of Federal land, as generally depicted on the map entitled Oregon Coastal Land Conveyance, and dated March 27, 2013.

(2)

The term planning area means land—

(A)

administered by the Director of the Bureau of Land Management; and

(B)

located in—

(i)

the Coos Bay District;

(ii)

the Eugene District;

(iii)

the Medford District;

(iv)

the Roseburg District;

(v)

the Salem District; or

(vi)

the Klamath Falls Resource Area of the Lakeview District.

(3)

The term Secretary means the Secretary of the Interior.

(4)

The term Tribe means the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians.

202.

(a)

Subject to valid existing rights, including rights-of-way and reciprocal rights-of-way, all right, title, and interest of the United States in and to the Federal land, including any improvements located on the Federal land, appurtenances to the Federal land, and minerals on or in the Federal land, including oil and gas, shall be—

(1)

held in trust by the United States for the benefit of the Tribe; and

(2)

part of the reservation of the Tribe.

(b)

Not later than 180 days after the date of enactment of this Act, if the Secretary determines a survey to be necessary, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a).

203.

(a)

As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Federal land with—

(1)

the Committee on Energy and Natural Resources of the Senate; and

(2)

the Committee on Natural Resources of the House of Representatives.

(b)

(c)

The map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary.

204.

(a)

Unless expressly provided in this subtitle, nothing in this subtitle affects any right or claim of the Tribe existing on the date of enactment of this Act to any land or interest in land.

(b)

(1)

Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Federal land.

(2)

Any real property taken into trust under section 202(a) shall not be eligible, or used, for any gaming activity carried out under Public Law 100–497 (25 U.S.C. 2701 et seq.).

205.

(a)

Any commercial forestry activity that is carried out on the Federal land shall be managed in accordance with all applicable Federal laws, including the National Indian Forest Resources Management Act (25 U.S.C. 3101 et seq.).

(b)

The Tribe shall consult with the Secretary and other parties as necessary to develop agreements to provide for access to the land taken into trust under section 202(a) that provide for—

(1)

honoring existing reciprocal right-of-way agreements;

(2)

administrative access by the Bureau of Land Management; and

(3)

management of the parcels of the land taken into trust under section 202(a) that are acquired or developed under the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.), consistent with section 8(f)(3) of that Act (16 U.S.C. 460l– 8(f)(3)).

(c)

On conveyance of the Federal land to the Tribe under section 202, the Federal land shall not be subject to the land use planning requirements of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Act of August 28, 1937 (50 Stat. 874, chapter 876; 43 U.S.C. 1181a et seq.).

211.

In this subtitle:

(1)

The term Federal land means the approximately 17,826 acres of Federal land, as generally depicted on the map entitled Canyon Mountain Land Conveyance, and dated June 27, 2013.

(2)

The term planning area means land—

(A)

administered by the Director of the Bureau of Land Management; and

(B)

located in—

(i)

the Coos Bay District;

(ii)

the Eugene District;

(iii)

the Medford District;

(iv)

the Roseburg District;

(v)

the Salem District; or

(vi)

the Klamath Falls Resource Area of the Lakeview District.

(3)

The term Secretary means the Secretary of the Interior.

(4)

The term Tribe means the Cow Creek Band of Umpqua Tribe of Indians.

212.

(a)

(1)

held in trust by the United States for the benefit of the Tribe; and

(2)

part of the reservation of the Tribe.

(b)

213.

(a)

As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Federal land with—

(1)

the Committee on Energy and Natural Resources of the Senate; and

(2)

the Committee on Natural Resources of the House of Representatives.

(b)

(c)

The map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary.

214.

(a)

Unless expressly provided in this subtitle, nothing in this subtitle affects any right or claim of the Tribe existing on the date of enactment of this Act to any land or interest in land.

(b)

(1)

Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Federal land.

(2)

Any real property taken into trust under section 212 shall not be eligible, or used, for any gaming activity carried out under Public Law 100– 497 (25 U.S.C. 2701 et seq.).

(c)

Nothing in this subtitle affects any timber sale contracts awarded as of the date of enactment of this Act.

215.

(a)

(b)

The Tribe shall consult with the Director of the Bureau of Land Management and other parties as necessary to develop agreements to provide for access to the land taken into trust under section 212(a) that provide for—

(1)

honoring existing reciprocal right-of-way agreements; and

(2)

administrative access by the Bureau of Land Management.

(c)

On conveyance of the Federal land to the Tribe under section 212, the Federal land shall not be subject to the land use planning requirements of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Act of August 28, 1937 (50 Stat. 874, chapter 876; 43 U.S.C. 1181a et seq.).

221.

Section 5(d) of the Coquille Restoration Act (25 U.S.C. 715c(d)) is amended—

(1)

by striking paragraph (5) and inserting the following:

(5)

(A)

Subject to subparagraph (B), the Secretary of the Interior, acting through the Assistant Secretary for Indian Affairs, shall—

(i)

manage the Coquille Forest in accordance with the laws pertaining to the management of Indian trust land; and

(ii)

distribute revenues in accordance with the National Indian Forest Resources Management Act (25 U.S.C. 3101 et seq.).

(B)

(i)

(ii)

(2)

by striking paragraph (9); and

(3)

by redesignating paragraphs (10) through (12) as paragraphs (9) through (11), respectively.

III

301.

(a)

In this section:

(1)

The term Commission means the Federal Energy Regulatory Commission.

(2)

The term Map means the map entitled Wild Rogue Wilderness Additions and dated June 12, 2013.

(3)

The term Secretary means—

(A)

the Secretary of the Interior, with respect to public land administered by the Secretary of the Interior; or

(B)

the Secretary of Agriculture, with respect to National Forest System land.

(4)

The term Wilderness additions means the land added to the Wild Rogue Wilderness under subsection (b)(1).

(b)

(1)

(A)

the Secretary of the Interior and the Secretary of Agriculture shall administer the Federal land under their respective jurisdiction; and

(B)

any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of Agriculture or the Secretary of the Interior, as applicable.

(2)

(A)

As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the wilderness area designated by paragraph (1).

(B)

(C)

The map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and Forest Service.

(3)

Section 3(b) of the Endangered American Wilderness Act of 1978 (16 U.S.C. 1132 note; Public Law 95–237; 92 Stat. 43) is amended by striking 3(a)(5) and inserting 3(a)(5)(A).

(4)

Subject to valid existing rights, the Wilderness additions are withdrawn from all forms of—

(A)

entry, appropriation, or disposal under the public land laws;

(B)

location, entry, and patent under the mining laws; and

(C)

disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

(5)

Nothing in this subsection alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian tribe.

(c)

(1)

(2)

(3)

(A)

(B)

(4)

Subject to valid existing rights, the land described in paragraph (1) is withdrawn from all forms of—

(A)

entry, appropriation, or disposal under the public land laws;

(B)

location, entry, and patent under the mining laws; and

(C)

disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

(d)

(1)

The Secretary shall manage the Federal land described in paragraph (2) in a manner that preserves the natural and primitive character of the land for recreational, scenic, and scientific use.

(2)

The Federal land referred to in paragraph (1) is the approximately 4,000 acres generally depicted on the map as Withdrawal Area.

(3)

(A)

As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the land described in paragraph (2).

(B)

(C)

The map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.

(4)

(A)

Subject to valid existing rights, with respect to the Federal land described in paragraph (2), the Secretary shall only allow uses that are consistent with the purposes described in paragraph (1).

(B)

The following shall be prohibited on the Federal land described in paragraph (2):

(i)

Permanent roads.

(ii)

Commercial enterprises.

(iii)

Except as necessary to meet the minimum requirements for the administration of the Federal land and to protect public health and safety—

(I)

the use of motor vehicles; or

(II)

the establishment of temporary roads.

(5)

Subject to valid existing rights, the Federal land described in paragraph (2) is withdrawn from—

(A)

all forms of entry, appropriation, or disposal under the public land laws;

(B)

location, entry, and patent under the mining laws; and

(C)

disposition under all laws relating to mineral and geothermal leasing or mineral materials.

(e)

(1)

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (5) and inserting the following:

(5)

(A)

The segment of the river extending from the mouth of the River downstream to the Lobster Creek Bridge, to be administered by the Secretary of the Interior or the Secretary of Agriculture, as agreed to by the Secretaries of the Interior and Agriculture or as directed by the President.

(B)

In addition to the segment described in subparagraph (A), there are designated the following segments in the Rogue River:

(i)

The approximately 6.8-mile segment of Kelsey Creek from the Wild Rogue Wilderness boundary in T. 32 S., R. 9 W., sec. 25, Willamette Meridian, to the confluence with the Rogue River, as a wild river.

(ii)

(I)

The approximately 0.2-mile segment of East Fork Kelsey Creek from headwaters downstream to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 5, Willamette Meridian, as a scenic river.

(II)

(iii)

(I)

The approximately 0.6-mile segment of Whisky Creek from the confluence of the East Fork and West Fork to 0.1 miles downstream from road 33-8-23, as a recreational river.

(II)

The approximately 1.9-mile segment of Whisky Creek from 0.1 miles downstream from road 33-8-23 to the confluence with the Rogue River, as a wild river.

(iv)

(I)

The approximately 0.9-mile segment of East Fork Whisky Creek from its headwaters to Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 11, Willamette Meridian., as a scenic river.

(II)

(III)

The approximately 0.3-mile segment of East Fork Whisky Creek from 0.1 miles downstream of road 33-8-26 to the confluence with Whisky Creek, as a recreational river.

(v)

The approximately 4.8-mile segment of West Fork Whisky Creek from its headwaters to the confluence with the East Fork Whisky Creek, as a wild river.

(vi)

(I)

The approximately 1.5-mile segment of Big Windy Creek from its headwaters to 0.1 miles downstream from road 34-9-17.1, as a scenic river.

(II)

The approximately 5.8-mile segment of Big Windy Creek from 0.1 miles downstream from road 34-9-17.1 to the confluence with the Rogue River, as a wild river.

(vii)

(I)

The approximately 0.2-mile segment of East Fork Big Windy Creek from its headwaters to 0.1 miles downstream from road 34-8-36, as a scenic river.

(II)

The approximately 3.7-mile segment of East Fork Big Windy Creek from 0.1 miles downstream from road 34-8-36 to the confluence with Big Windy Creek, as a wild river.

(viii)

(I)

The approximately 1.2-mile segment of Little Windy Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 34, Willamette Meridian, as a scenic river.

(II)

The approximately 1.9-mile segment of Little Windy Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 34, Willamette Meridian to the confluence with the Rogue River, as a wild river.

(ix)

(I)

The approximately 0.3-mile segment of Howard Creek from its headwaters to 0.1 miles downstream of road 34-9-34, as a scenic river.

(II)

The approximately 6.9-mile segment of Howard Creek from 0.1 miles downstream of road 34-9-34 to the confluence with the Rogue River, as a wild river.

(x)

(I)

The approximately 3.5-mile segment of Mule Creek from its headwaters downstream to the Wild Rogue Wilderness boundary as a scenic river.

(II)

The approximately 7.8-mile segment of Mule Creek from the Wild Rogue Wilderness boundary in T. 32 S., R. 9 W., sec. 29, Willamette Meridian, to the confluence with the Rogue River, as a wild river.

(xi)

The approximately 3.5-mile segment of Anna Creek from its headwaters to the confluence with Howard Creek, as a wild river.

(xii)

(I)

The approximately 3.1-mile segment of Mule Creek from its headwaters downstream to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 24, Willamette Meridian, as a scenic river.

(II)

(xiii)

(I)

The approximately 3.1-mile segment of Jenny Creek from its headwaters downstream to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 28, Willamette Meridian, as a scenic river.

(II)

The approximately 1.8-mile segment of Jenny Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 28, Willamette Meridian, to the confluence with the Rogue River, as a wild river.

(xiv)

(I)

The approximately 2.2-mile segment of Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 9., Willamette Meridian, as a scenic river.

(II)

The approximately 2.2-mile segment of Rum Creek from the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 9, Willamette Meridian, to the confluence with the Rogue River, as a wild river.

(xv)

(I)

The approximately 0.8-mile segment of East Fork Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 10., Willamette Meridian, as a scenic river.

(II)

The approximately 1.3-mile segment of East Fork Rum Creek from the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 10, Willamette Meridian, to the confluence with Rum Creek, as a wild river.

(xvi)

The approximately 1.7-mile segment of Wildcat Creek from its headwaters downstream to the confluence with the Rogue River, as a wild river.

(xvii)

The approximately 1.8-mile segment of Montgomery Creek from its headwaters downstream to the confluence with the Rogue River, as a wild river.

(xviii)

(I)

The approximately 1.4-mile segment of Hewitt Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 19.,Willamette Meridian, as a scenic river.

(II)

The approximately 1.2-mile segment of Hewitt Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 19, Willamette Meridian, to the confluence with the Rogue River, as a wild river.

(xix)

The approximately 6.6-mile segment of Bunker Creek from its headwaters to the confluence with the Rogue River, as a wild river.

(xx)

(I)

The approximately 0.8-mile segment of Dulog Creek from its headwaters to 0.1 miles downstream of road 34-8-36, as a scenic river.

(II)

The approximately 1.0-mile segment of Dulog Creek from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue River, as a wild river.

(xxi)

The approximately 1.7-mile segment of Quail Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 1, Willamette Meridian, to the confluence with the Rogue River, as a wild river.

(xxii)

The approximately 4.1-mile segment of Meadow Creek from its headwaters to the confluence with the Rogue River, as a wild river.

(xxiii)

(I)

The approximately 0.1-mile segment of Russian Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 20., Willamette Meridian, as a scenic river.

(II)

(xxiv)

The approximately 1.2-mile segment of Alder Creek from its headwaters to the confluence with the Rogue River, as a wild river.

(xxv)

The approximately 1.5-mile segment of Booze Creek from its headwaters to the confluence with the Rogue River, as a wild river.

(xxvi)

The approximately 1.8-mile segment of Bronco Creek from its headwaters to the confluence with the Rogue River, as a wild river.

(xxvii)

The approximately 1.5-mile segment of Copsey Creek from its headwaters to the confluence with the Rogue River, as a wild river.

(xxviii)

The approximately 0.5-mile segment of Corral Creek from its headwaters to the confluence with the Rogue River, as a wild river.

(xxix)

The approximately 0.9-mile segment of Cowley Creek from its headwaters to the confluence with the Rogue River, as a wild river.

(xxx)

The approximately 1.8-mile segment of Ditch Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 5, Willamette Meridian, to its confluence with the Rogue River, as a wild river.

(xxxi)

The approximately 0.9-mile segment of Francis Creek from its headwaters to the confluence with the Rogue River, as a wild river.

(xxxii)

(I)

The approximately 1.4-mile segment of Long Gulch from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 23, Willamette Meridian, as a scenic river.

(II)

The approximately 1.1-mile segment of Long Gulch from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 23, Willamette Meridian, to the confluence with the Rogue River, as a wild river.

(xxxiii)

(I)

The approximately 1.4-mile segment of Bailey Creek from its headwaters to the Wild Rogue Wilderness boundary on the west section line of T. 34 S., R. 8 W., sec. 14, Willamette Meridian, as a scenic river.

(II)

The approximately 1.7-mile segment of Bailey Creek from the west section line of T. 34 S., R.8 W., sec.14, Willamette Meridian, to the confluence of the Rogue River, as a wild river.

(xxxiv)

The approximately 0.7-mile segment of Shady Creek from its headwaters to the confluence with the Rogue River, as a wild river.

(xxxv)

(I)

The approximately 0.5-mile segment of Slide Creek from its headwaters to 0.1 miles downstream from road 33-9-6, as a scenic river.

(II)

The approximately 0.7-mile section of Slide Creek from 0.1 miles downstream of road 33-9-6 to the confluence with the Rogue River, as a wild river.

(xxxvi)

The approximately 3.3-mile segment of Quartz Creek from its headwaters to its confluence with the North Fork Galice Creek., as a scenic river.

(xxxvii)

The approximately 5.7-mile segment of the North Fork Galice Creek from its headwaters to its confluence with Galice Creek, as a recreational river.

(2)

(3)

(A)

entry, appropriation, or disposal under the public land laws;

(B)

location, entry, and patent under the mining laws; and

(C)

disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

(f)

(1)

(2)

(A)

(B)

Nothing in this paragraph prohibits any department or agency of the United States in assisting by loan, grant, license, or otherwise, a water resources project—

(i)

the primary purpose of which is ecological or aquatic restoration; and

(ii)

that provides a net benefit to water quality and aquatic resources.

(3)

Subject to valid existing rights, the Federal land located within 1/4 mile on either side of the stream segments described in paragraph (4), is withdrawn from all forms of—

(A)

entry, appropriation, or disposal under the public land laws;

(B)

location, entry, and patent under the mining laws; and

(C)

disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

(4)

The following are the stream segments referred to in paragraph (1):

(A)

The approximately 2.5-mile segment of Kelsey Creek from its headwaters to Wild Rogue Wilderness boundary in T. 32 S., R. 9 W., sec. 25.

(B)

The approximately 10.2-mile segment of Grave Creek from the confluence of Wolf Creek downstream to the confluence with the Rogue River.

(C)

The approximately 2.2-mile segment of Centennial Gulch from its headwaters to its confluence with the Rogue River.

(D)

The approximately 0.8-mile segment of Quail Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 1., Willamette Meridian.

(E)

The approximately 0.7-mile segment of Ditch Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 5.,Willamette Meridian.

(F)

The approximately 2.2-mile segment of Galice Creek from the confluence with the South Forest Galice Creek downstream to the confluence with the Rogue River.

311.

In this subtitle:

(1)

The term map means the map entitled Devil’s Staircase Wilderness Proposal and dated June 15, 2010.

(2)

The term Secretary means—

(A)

with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and

(B)

with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.

(3)

The term State means the State of Oregon.

(4)

The term Wilderness means the Devil’s Staircase Wilderness designated by section 312(a).

312.

(a)

(b)

(1)

As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Wilderness.

(2)

(3)

The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management.

(c)

(1)

any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and

(2)

any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the land within the Wilderness.

(d)

Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.

(e)

(1)

Nothing in this section creates any protective perimeter or buffer zone around the Wilderness.

(2)

The fact that a nonwilderness activity or use on land outside the Wilderness can be seen or heard within the Wilderness shall not preclude the activity or use outside the boundary of the Wilderness.

(f)

Nothing in this section diminishes any treaty rights of an Indian tribe.

(g)

(1)

(2)

The Secretary shall administer the land transferred by paragraph (1) in accordance with—

(A)

the Act of March 1, 1911 (commonly known as the Weeks Law) (16 U.S.C. 480 et seq.); and

(B)

any laws (including regulations) applicable to the National Forest System.

313.

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 102(a)) is amended by adding at the end the following:

S. 1784 (113^th): Oregon and California Land Grant Act of 2014

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