#aacth ,,congress #ast ,session ,h4 ,r4 #aebf ,,an ,,act ,to restore employment and educational opportunities in1 and improve the economic stability of1 counties containing ,national ,forest ,system land1 while also reducing ,forest ,service management costs1 by ensuring that such counties have a dependable source of revenue from ,national ,forest ,system land1 to provide a temporary extension of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,restoring ,healthy ,forests for ,healthy ,communities ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,restoring the ,commitment to ,rural ,counties and ,schools ,sec4 #aja4 ,purposes4 ,sec4 #ajb4 ,definitions4 ,sec4 #ajc4 ,establishment of ,forest ,reserve ,revenue ,areas and annual volume requirements4 ,sec4 #ajd4 ,management of ,forest ,reserve ,revenue ,areas4 ,sec4 #aje4 ,distribution of forest reserve revenues4 ,sec4 #ajf4 ,annual report4 ,title ,,ii--,healthy ,forest ,management and ,catastrophic ,wildfire ,prevention ,sec4 #bja4 ,purposes4 ,sec4 #bjb4 ,definitions4 ,sec4 #bjc4 ,hazardous fuel reduction projects and forest health projects in at-risk forests4 ,sec4 #bjd4 ,environmental analysis4 ,sec4 #bje4 ,state designation of high-risk areas of ,national ,forest ,system and public lands4 ,sec4 #bjf4 ,use of hazardous fuels reduction or forest health projects for high-risk areas4 ,sec4 #bjg4 ,moratorium on use of prescribed fire in ,mark ,twain ,national ,forest1 ,missouri1 pending report4 ,title ,,iii--,oregon and ,california ,railroad ,grant ,lands ,trust1 ,conservation1 and ,jobs ,sec4 #cja4 ,short title4 ,sec4 #cjb4 ,definitions4 ,subtitle ,a--,trust1 ,conservation1 and ,jobs ,chapter #a--;,creation and ,terms of ,o,c ,trust ,sec4 #caa4 ,creation of ,o,c ,trust and designation of ,o,c ,trust lands4 ,sec4 #cab4 ,legal effect of ,o,c ,trust and judicial review4 ,sec4 #cac4 ,board of ,trustees4 ,sec4 #cad4 ,management of ,o,c ,trust lands4 ,sec4 #cae4 ,distribution of revenues from ,o,c ,trust lands4 ,sec4 #caf4 ,land exchange authority4 ,sec4 #cag4 ,payments to the ,united ,states ,treasury4 ,chapter #b--,transfer of ,certain ,lands to ,forest ,service ,sec4 #cba4 ,transfer of certain ,oregon and ,california ,railroad ,grant lands to ,forest ,service4 ,sec4 #cbb4 ,management of transferred lands by ,forest ,service4 ,sec4 #cbc4 ,management efficiencies and expedited land exchanges4 ,sec4 #cbd4 ,review panel and old growth protection4 ,sec4 #cbe4 ,uniqueness of old growth protection on ,oregon and ,california ,railroad ,grant lands4 ,chapter #c--,transition ,sec4 #cca4 ,transition period and operations4 ,sec4 #ccb4 ,o,c ,trust management capitalization4 ,sec4 #ccc4 ,existing ,bureau of ,land ,management and ,forest ,service contracts4 ,sec4 #ccd4 ,protection of valid existing rights and access to non-,federal land4 ,sec4 #cce4 ,repeal of superseded law relating to ,oregon and ,california ,railroad ,grant lands4 ,subtitle ,b--,coos ,bay ,wagon ,roads ,sec4 #cda4 ,transfer of management authority over certain ,coos ,bay ,wagon ,road ,grant lands to ,coos ,county1 ,oregon4 ,sec4 #cdb4 ,transfer of certain ,coos ,bay ,wagon ,road ,grant lands to ,forest ,service4 ,sec4 #cdc4 ,land exchange authority4 ,subtitle ,c--,oregon ,treasures ,chapter #a--,wilderness ,areas ,sec4 #cea4 ,designation of ,devil's ,staircase ,wilderness4 ,sec4 #ceb4 ,expansion of ,wild ,rogue ,wilderness ,area4 ,chapter #b--,wild and ,scenic ,river ,designated and ,related ,protections ,sec4 #cfa4 ,wild and scenic river designations1 ,molalla ,river4 ,sec4 #cfb4 ,wild and ,scenic ,rivers ,act technical corrections related to ,chetco ,river4 ,sec4 #cfc4 ,wild and scenic river designations1 ,wasson ,creek and ,franklin ,creek4 ,sec4 #cfd4 ,wild and scenic river designations1 ,rogue ,river area4 ,sec4 #cfe4 ,additional protections for ,rogue ,river tributaries4 ,chapter #c--;,additional ,protections ,sec4 #cga4 ,limitations on land acquisition4 ,sec4 #cgb4 ,overflights4 ,sec4 #cgc4 ,buffer zones4 ,sec4 #cgd4 ,prevention of wildfires4 ,sec4 #cge4 ,limitation on designation of certain lands in ,oregon4 ,chapter #d--;,effective ,date ,sec4 #cha4 ,effective date4 ,subtitle ,d--,tribal ,trust ,lands ,part #a--;,council ,creek ,land ,conveyance ,sec4 #cia4 ,definitions4 ,sec4 #cib4 ,conveyance4 ,sec4 #cic4 ,map and legal description4 ,sec4 #cid4 ,administration4 ,part #b--,oregon ,coastal ,land ,conveyance ,sec4 #cie4 ,definitions4 ,sec4 #cif4 ,conveyance4 ,sec4 #cig4 ,map and legal description4 ,sec4 #cih4 ,administration4 ,title ,,iv--,community ,forest ,management ,demonstration ,sec4 #dja4 ,purpose and definitions4 ,sec4 #djb4 ,establishment of community forest demonstration areas4 ,sec4 #djc4 ,advisory committee4 ,sec4 #djd4 ,management of community forest demonstration areas4 ,sec4 #dje4 ,distribution of funds from community forest demonstration area4 ,sec4 #djf4 ,initial funding authority4 ,sec4 #djg4 ,payments to ,united ,states ,treasury4 ,sec4 #djh4 ,termination of community forest demonstration area4 ,title ,v--,reauthorization and ,amendment of ,existing ,authorities and ,other ,matters ,sec4 #eja4 ,extension of ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj pending full operation of ,forest ,reserve ,revenue ,areas4 ,sec4 #ejb4 ,restoring original calculation method for #be-percent payments4 ,sec4 #ejc4 ,forest ,service and ,bureau of ,land ,management good-neighbor cooperation with ,states to reduce wildfire risks4 ,sec4 #ejd4 ,stewardship end result contracting project authority4 ,sec4 #eje4 ,clarification of ,national ,forest ,management ,act of #aigf authority4 ,sec4 #ejf4 ,treatment as supplemental funding4 ,sec4 #ejg4 ,exception of certain forest projects and activities from ,appeals ,reform ,act and other review4 ,sec4 #ejh4 ,definition of fire suppression to include certain related activities4 ,sec4 #eji4 ,prohibition on certain actions regarding ,forest ,service roads and trails4 ,i ,restoring the ,commitment to ,rural ,counties and ,schools #aja4 ,purposes ,the purposes of this title are as follows3 7#a7 ,to restore employment and educational opportunities in1 and improve the economic stability of1 counties containing ,national ,forest ,system land4 7#b7 ,to ensure that such counties have a dependable source of revenue from ,national ,forest ,system land4 7#c7 ,to reduce ,forest ,service management costs while also ensuring the protection of ,united ,states forests resources4 #ajb4 ,definitions ,in this title3 7#a7 ,annual volume requirement 7,a7 ,in general ,the term annual volume requirement1 with respect to a ,forest ,reserve ,revenue ,area1 means a volume of national forest materials no less than #ej percent of the sustained yield of the ,forest ,reserve ,revenue ,area4 7,b7 ,exclusions ,in determining the volume of national forest materials or the sustained yield of a ,forest ,reserve ,revenue ,area1 the ,secretary may not include non-commercial post and pole sales and personal use firewood4 7#b7 ,beneficiary county ,the term beneficiary county means a political subdivision of a ,state that1 on account of containing ,national ,forest ,system land1 was eligible to receive payments through the ,state under title ,i of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gaaa et seq474 7#c7 ,catastrophic event ,the term catastrophic event means an event 7including severe fire1 insect or disease infestations1 windthrow1 or other extreme weather or natural disaster7 that the ,secretary determines will cause or has caused substantial damage to ,national ,forest ,system land or natural resources on ,national ,forest ,system land4 7#d7 ,covered forest reserve project ,the terms covered forest reserve project and covered project mean a project involving the management or sale of national forest materials within a ,forest ,reserve ,revenue ,area to generate forest reserve revenues and achieve the annual volume requirement for the ,forest ,reserve ,revenue ,area4 7#e7 ,forest reserve revenue area 7,a7 ,in general ,the term ,forest ,reserve ,revenue ,area means ,national ,forest ,system land in a unit of the ,national ,forest ,system designated for sustainable forest management for the production of national forest materials and forest reserve revenues4 7,b7 ,inclusions ,subject to subparagraph 7,c71 but otherwise notwithstanding any other provision of law1 including executive orders and regulations1 the ,secretary shall include in ,forest ,reserve ,revenue ,areas not less than #ej percent of the ,national ,forest ,system lands identified as commercial forest land capable of producing twenty cubic feet of timber per acre4 7,c7 ,exclusions ,a ,forest ,reserve ,revenue ,area may not include ,national ,forest ,system land-- 7i7 that is a component of the ,national ,wilderness ,preservation ,system2 7ii7 on which the removal of vegetation is specifically prohibited by ,federal statute2 or 7iii7 that is within a ,national ,monument as of the date of the enactment of this ,act4 7#f7 ,forest reserve revenues ,the term forest reserve revenues means revenues derived from the sale of national forest materials in a ,forest ,reserve ,revenue ,area4 7#g7 ,national forest materials ,the term national forest materials has the meaning given that term in section #ad7;e77#a7 of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a7e77#a774 7#h7 ,national forest system ,the term ,national ,forest ,system has the meaning given that term in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a771 except that the term does not include the ,national ,grasslands and land utilization projects designated as ,national ,grasslands administered pursuant to the ,act of ,july #bb1 #aicg 7#g ,u4,s4,c4 #ajaj-ajab74 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#aj7 ,sustained yield ,the term sustained yield means the maximum annual growth potential of the forest calculated on the basis of the culmination of mean annual increment using cubic measurement4 7#aa7 ,state ,the term ,state includes the ,commonwealth of ,puerto ,rico4 7#ab7 #be-percent payment ,the term #be-percent payment means the payment to ,states required by the sixth paragraph under the heading of ,,forest ,,service in the ,act of ,may #bc1 #aijh 7#ce ,stat4 #bfj2 #af ,u4,s4,c4 #ejj71 and section #ac of the ,act of ,march #a1 #aiaa 7#cf ,stat4 #ifc2 #af ,u4,s4,c4 #ejj74 #ajc4 ,establishment of ,forest ,reserve ,revenue ,areas and annual volume requirements 7a7 ,establishment of ,forest ,reserve ,revenue ,areas ,notwithstanding any other provision of law1 the ,secretary shall establish one or more ,forest ,reserve ,revenue ,areas within each unit of the ,national ,forest ,system4 7b7 ,deadline for establishment ,the ,secretary shall complete establishment of the ,forest ,reserve ,revenue ,areas not later than #fj days after the date of enactment of this ,act1 7c7 ,purpose ,the purpose of a ,forest ,reserve ,revenue ,area is to provide a dependable source of #be-percent payments and economic activity through sustainable forest management for each beneficiary county containing ,national ,forest ,system land4 7d7 ,fiduciary responsibility ,the ,secretary shall have a fiduciary responsibility to beneficiary counties to manage ,forest ,reserve ,revenue ,areas to satisfy the annual volume requirement4 7e7 ,determination of annual volume requirement ,not later than #cj days after the date of the establishment of a ,forest ,reserve ,revenue ,area1 the ,secretary shall determine the annual volume requirement for that ,forest ,reserve ,revenue ,area4 7f7 ,limitation on reduction of forest reserve revenue areas ,once a ,forest ,reserve ,revenue ,area is established under subsection 7a71 the ,secretary may not reduce the number of acres of ,national ,forest ,system land included in that ,forest ,reserve ,revenue ,area4 7g7 ,map ,the ,secretary shall provide a map of all ,forest ,reserve ,revenue ,areas established under subsection 7a7 for each unit of the ,national ,forest ,system-- 7#a7 to the ,committee on ,agriculture and the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7#b7 to the ,committee on ,agriculture1 ,nutrition1 and ,forestry and the ,committee on ,energy and ,natural ,resources of the ,senate4 7h7 ,recognition of ,valid and ,existing ,rights ,neither the establishment of ,forest ,reserve ,revenue ,areas under subsection 7a7 nor any other provision of this title shall be construed to limit or restrict-- 7#a7 access to ,national ,forest ,system land for hunting1 fishing1 recreation1 and other related purposes2 or 7#b7 valid and existing rights regarding ,national ,forest ,system land1 including rights of any federally recognized ,indian tribe4 #ajd4 ,management of ,forest ,reserve ,revenue ,areas 7a7 ,requirement ,to achieve annual volume requirement ,immediately upon the establishment of a ,forest ,reserve ,revenue ,area1 the ,secretary shall manage the ,forest ,reserve ,revenue ,area in the manner necessary to achieve the annual volume requirement for the ,forest ,reserve ,revenue ,area4 ,the ,secretary is authorized and encouraged to commence covered forest reserve projects as soon as practicable after the date of the enactment of this ,act to begin generating forest reserve revenues4 7b7 ,standards for projects within forest reserve revenue areas ,the ,secretary shall conduct covered forest reserve projects within ,forest ,reserve ,revenue ,areas in accordance with this section1 which shall serve as the sole means by which the ,secretary will comply with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcca et seq47 and other laws applicable to the covered projects4 7c7 ,environmental analysis process for projects in forest reserve revenue areas 7#a7 ,environmental ,assessment ,the ,secretary shall give published notice and complete an environmental assessment pursuant to section #ajb7b7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77 for a covered forest reserve project proposed to be conducted within a ,forest ,reserve ,revenue ,area1 except that the ,secretary is not required to study1 develop1 or describe any alternative to the proposed agency action4 7#b7 ,cumulative effects ,the ,secretary shall consider cumulative effects solely by evaluating the impacts of a proposed covered forest reserve project combined with the impacts of any other projects that were approved with a ,decision ,notice or ,record of ,decision before the date on which the ,secretary published notice of the proposed covered project4 ,the cumulative effects of past projects may be considered in the environmental assessment by using a description of the current environmental conditions4 7#c7 ,length ,the environmental assessment prepared for a proposed covered forest reserve project shall not exceed #ajj pages in length4 ,the ,secretary may incorporate in the environmental assessment1 by reference1 any documents that the ,secretary determines1 in the sole discretion of the ,secretary1 are relevant to the assessment of the environmental effects of the covered project4 7#d7 ,deadline for completion ,the ,secretary shall complete the environmental assessment for a covered forest reserve project within #ahj days after the date on which the ,secretary published notice of the proposed covered project4 7#e7 ,treatment of decision notice ,the decision notice for a covered forest reserve project shall be considered a final agency action and no additional analysis under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcca et seq47 shall be required to implement any portion of the covered project4 7#f7 ,categorical exclusion ,a covered forest reserve project that is proposed in response to a catastrophic event1 that covers an area of #aj1jjj acres or less1 or an eligible hazardous fuel reduction or forest health project proposed under title ,,ii that involves the removal of insect-infected trees1 dead or dying trees1 trees presenting a threat to public safety1 or other hazardous fuels within #ejj feet of utility or telephone infrastructure1 campgrounds1 roadsides1 heritage sites1 recreation sites1 schools1 or other infrastructure1 shall be categorically excluded from the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcca et seq474 7d7 ,application of land and resource management plan ,the ,secretary may modify the standards and guidelines contained in the land and resource management plan for the unit of the ,national ,forest ,system in which the covered forest reserve project will be carried out as necessary to achieve the requirements of this ,act4 ,section #f7;g77#c77;,e77iv7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd7;g77#c77;,e77iv77 shall not apply to a covered forest reserve project4 7e7 ,compliance with endangered species act 7#a7 ,non-jeopardy assessment ,if the ,secretary determines that a proposed covered forest reserve project may affect the continued existence of any species listed as endangered or threatened under section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc71 the ,secretary shall issue a determination explaining the view of the ,secretary that the proposed covered project is not likely to jeopardize the continued existence of the species4 7#b7 ,submission1 review1 and response 7,a7 ,submission ,the ,secretary shall submit a determination issued by the ,secretary under paragraph 7#a7 to the ,secretary of the ,interior or the ,secretary of ,commerce1 as appropriate4 7,b7 ,review and response ,within #cj days after receiving a determination under subparagraph 7,a71 the ,secretary of the ,interior or the ,secretary of ,commerce1 as appropriate1 shall provide a written response to the ,secretary concurring in or rejecting the ,secretary's determination4 ,if the ,secretary of the ,interior or the ,secretary of ,commerce rejects the determination1 the written response shall include recommendations for measures that-- 7i7 will avoid the likelihood of jeopardy to an endangered or threatened species2 7ii7 can be implemented in a manner consistent with the intended purpose of the covered forest reserve project2 7iii7 can be implemented consistent with the scope of the ,secretary's legal authority and jurisdiction2 and 7iv7 are economically and technologically feasible4 7#c7 ,formal consultation ,if the ,secretary of the ,interior or the ,secretary of ,commerce rejects a determination issued by the ,secretary under paragraph 7#a71 the ,secretary of the ,interior or the ,secretary of ,commerce also is required to engage in formal consultation with the ,secretary4 ,the ,secretaries shall complete such consultation pursuant to section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7 within #ij days after the submission of the written response under paragraph 7#b74 7f7 ,administrative and judicial review 7#a7 ,administrative review ,administrative review of a covered forest reserve project shall occur only in accordance with the special administrative review process established under section #aje of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feae74 7#b7 ,judicial review 7,a7 ,in general ,judicial review of a covered forest reserve project shall occur in accordance with section #ajf of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaf71 except that a court of the ,united ,states may not issue a restraining order1 preliminary injunction1 or injunction pending appeal covering a covered forest reserve project in response to an allegation that the ,secretary violated any procedural requirement applicable to how the project was selected1 planned1 or analyzed4 7,b7 ,bond required ,a plaintiff challenging a covered forest reserve project shall be required to post a bond or other security acceptable to the court for the reasonably estimated costs1 expenses1 and attorneys fees of the ,secretary as defendant4 ,all proceedings in the action shall be stayed until the security is given4 ,if the plaintiff has not complied with the order to post such bond or other security within #ij days after the date of service of the order1 then the action shall be dismissed with prejudice4 7,c7 ,recovery ,if the ,secretary prevails in the case1 the ,secretary shall submit to the court a motion for payment of all litigation expenses4 7g7 ,use of all-,terrain vehicles for management activities ,the ,secretary may allow the use of all-terrain vehicles within the ,forest ,reserve ,revenue ,areas for the purpose of activities associated with the sale of national forest materials in a ,forest ,reserve ,revenue ,area4 #aje4 ,distribution of forest reserve revenues 7a7 #be-,percent ,payments ,the ,secretary shall use forest reserve revenues generated by a covered forest reserve project to make #be-percent payments to ,states for the benefit of beneficiary counties4 7b7 ,deposit in knutson-,vandenberg and salvage sale funds ,after compliance with subsection 7a71 the ,secretary shall use forest reserve revenues to make deposits into the fund established under section #c of the ,act of ,june #i1 #aicj 7#af ,u4,s4,c4 #egf;b2 commonly known as the ,knutson-,vandenberg ,fund7 and the fund established under section #ad7;h7 of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a7h72 commonly known as the salvage sale fund7 in contributions equal to the monies otherwise collected under those ,acts for projects conducted on ,national ,forest ,system land4 7c7 ,deposit in general fund of the ,treasury ,after compliance with subsections 7a7 and 7b71 the ,secretary shall deposit remaining forest reserve revenues into the general fund of the ,treasury4 #ajf4 ,annual report 7a7 ,report required ,not later than #fj days after the end of each fiscal year1 the ,secretary shall submit to ,congress an annual report specifying the annual volume requirement in effect for that fiscal year for each ,forest ,reserve ,revenue ,area1 the volume of board feet actually harvested for each ,forest ,reserve ,revenue ,area1 the average cost of preparation for timber sales1 the forest reserve revenues generated from such sales1 and the amount of receipts distributed to each beneficiary county4 7b7 ,form of report ,the information required by subsection 7a7 to be provided with respect to a ,forest ,reserve ,revenue ,area shall be presented on a single page4 ,in addition to submitting each report to ,congress1 the ,secretary shall also make the report available on the website of the ,forest ,service4 ,,ii ,healthy ,forest ,management and ,catastrophic ,wildfire ,prevention #bja4 ,purposes ,the purposes of this title are as follows3 7#a7 ,to provide the ,secretary of ,agriculture and the ,secretary of the ,interior with the tools necessary to reduce the potential for wildfires4 7#b7 ,to expedite wildfire prevention projects to reduce the chances of wildfire on certain high-risk ,federal lands4 7#c7 ,to protect communities and forest habitat from uncharacteristic wildfires4 7#d7 ,to enhance aquatic conditions and terrestrial wildlife habitat4 7#e7 ,to restore diverse and resilient landscapes through improved forest conditions4 #bjb4 ,definitions ,in this title3 7#a7 ,at-risk community ,the term at-risk community has the meaning given that term in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa74 7#b7 ,at-risk forest ,the term at-risk forest means-- 7,a7 ,federal land in condition class ,,ii or ,,iii1 as those classes were developed by the ,forest ,service ,rocky ,mountain ,research ,station in the general technical report titled ,development of ,coarse-,scale ,spatial ,data for ,wildland ,fire and ,fuel ,management 7,,rmrs-#hg7 and dated ,april #bjjj or any subsequent revision of the report2 or 7,b7 ,federal land where there exists a high risk of losing an at-risk community1 key ecosystem1 water supply1 wildlife1 or wildlife habitat to wildfire1 including catastrophic wildfire and post-fire disturbances1 as designated by the ,secretary concerned4 7#c7 ,federal land 7,a7 ,covered land ,the term ,federal land means-- 7i7 land of the ,national ,forest ,system 7as defined in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a7772 or 7ii7 public lands 7as defined in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb774 7,b7 ,excluded land ,the term does not include land-- 7i7 that is a component of the ,national ,wilderness ,preservation ,system2 7ii7 on which the removal of vegetation is specifically prohibited by ,federal statute2 or 7iii7 that is within a ,national ,monument as of the date of the enactment of this ,act4 7#d7 ,high-risk area ,the term high-risk area means an area of ,federal land identified under section #bje as an area suffering from the bark beetle epidemic1 drought1 or deteriorating forest health conditions1 with the resulting imminent risk of devastating wildfires1 or otherwise at high risk for bark beetle infestation1 drought1 or wildfire4 7#e7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary of ,agriculture1 in the case of ,national ,forest ,system land2 and 7,b7 the ,secretary of the ,interior1 in the case of public lands4 7#f7 ,eligible hazardous fuel reduction and forest health projects ,the terms hazardous fuel reduction project or forest health project mean the measures and methods developed for a project to be carried out on ,federal land-- 7,a7 in an at-risk forest under section #bjc for hazardous fuels reduction1 forest health1 forest restoration1 or watershed restoration1 using ecological restoration principles consistent with the forest type where such project will occur2 or 7,b7 in a high-risk area under section #bjf4 #bjc4 ,hazardous fuel reduction projects and forest health projects in at-risk forests 7a7 ,implementation ,as soon as practicable after the date of the enactment of this ,act1 the ,secretary concerned is authorized to implement a hazardous fuel reduction project or a forest health project in at-risk forests in a manner that focuses on surface1 ladder1 and canopy fuels reduction activities using ecological restoration principles consistent with the forest type in the location where such project will occur4 7b7 ,authorized practices 7#a7 ,inclusion of livestock grazing and timber harvesting ,a hazardous fuel reduction project or a forest health project may include livestock grazing and timber harvest projects carried out for the purposes of hazardous fuels reduction1 forest health1 forest restoration1 watershed restoration1 or threatened and endangered species habitat protection or improvement1 if the management action is consistent with achieving long-term ecological restoration of the forest type in the location where such project will occur4 7#b7 ,grazing ,domestic livestock grazing may be used in a hazardous fuel reduction project or a forest health project to reduce surface fuel loads and to recover burned areas4 ,utilization standards shall not apply when domestic livestock grazing is used in such a project4 7#c7 ,timber harvesting and thinning ,timber harvesting and thinning1 where the ecological restoration principles are consistent with the forest type in the location where such project will occur1 may be used in a hazardous fuel reduction project or a forest health project to reduce ladder and canopy fuel loads to prevent unnatural fire4 7c7 ,priority ,the ,secretary concerned shall give priority to hazardous fuel reduction projects and forest health projects submitted by the ,governor of a ,state as provided in section #bjf7;c7 and to projects submitted under the ,tribal ,forest ,protection ,act of #bjjd 7#be ,u4,s4,c4 #caae;a74 #bjd4 ,environmental analysis ,subsections 7b7 through 7f7 of section #ajd shall apply to the implementation of a hazardous fuel reduction project or a forest health project under this title4 ,in addition1 if the primary purpose of a hazardous fuel reduction project or a forest health project under this title is the salvage of dead1 damaged1 or down timber resulting from wildfire occurring in #bjac1 the hazardous fuel reduction project or forest health project1 and any decision of the ,secretary concerned in connection with the project1 shall not be subject to judicial review or to any restraining order or injunction issued by a ,united ,states court4 #bje4 ,state designation of high-risk areas of ,national ,forest ,system and public lands 7a7 ,designation authority ,the ,governor of a ,state may designate high-risk areas of ,federal land in the ,state for the purposes of addressing-- 7#a7 deteriorating forest health conditions in existence as of the date of the enactment of this ,act due to the bark beetle epidemic or drought1 with the resulting imminent risk of devastating wildfires2 and 7#b7 the future risk of insect infestations or disease outbreaks through preventative treatments to improve forest health conditions4 7b7 ,consultation ,in designating high-risk areas1 the ,governor of a ,state shall consult with county government from affected counties and with affected ,indian tribes4 7c7 ,exclusion of certain areas ,the following ,federal land may not be designated as a high-risk area3 7#a7 ,a component of the ,national ,wilderness ,preservation ,system4 7#b7 ,federal land on which the removal of vegetation is specifically prohibited by ,federal statute4 7#c7 ,federal land within a ,national ,monument as of the date of the enactment of this ,act4 7d7 ,standards for designation ,designation of high-risk areas shall be consistent with standards and guidelines contained in the land and resource management plan or land use plan for the unit of ,federal land for which the designation is being made1 except that the ,secretary concerned may modify such standards and guidelines to correspond with a specific high-risk area designation4 7e7 ,time for initial designations ,the first high-risk areas should be designated not later than #fj days after the date of the enactment of this ,act1 but high-risk areas may be designated at any time consistent with subsection 7a74 7f7 ,duration of designation ,the designation of a high-risk area in a ,state shall expire #bj years after the date of the designation1 unless earlier terminated by the ,governor of the ,state4 7g7 ,redesignation ,the expiration of the #bj-year period specified in subsection 7f7 does not prohibit the ,governor from redesignating an area of ,federal land as a high-risk area under this section if the ,governor determines that the ,federal land continues to be subject to the terms of this section4 7h7 ,recognition of valid and existing rights ,the designation of a high-risk area shall not be construed to limit or restrict-- 7#a7 access to ,federal land included in the area for hunting1 fishing1 and other related purposes2 or 7#b7 valid and existing rights regarding the ,federal land4 #bjf4 ,use of hazardous fuels reduction or forest health projects for high-risk areas 7a7 ,project proposals 7#a7 ,proposals authorized ,upon designation of a high-risk area in a ,state1 the ,governor of the ,state may provide for the development of proposed hazardous fuel reduction projects or forest health projects for the high-risk area4 7#b7 ,project criteria ,in preparing a proposed hazardous fuel reduction project or a forest health project1 the ,governor of a ,state and the ,secretary concerned shall-- 7,a7 take into account managing for rights of way1 protection of watersheds1 protection of wildlife and endangered species habitat1 safe-guarding water resources1 and protecting at-risk communities from wildfires2 and 7,b7 emphasize activities that thin the forest to provide the greatest health and longevity of the forest4 7b7 ,consultation ,in preparing a proposed hazardous fuel reduction project or a forest health project1 the ,governor of a ,state shall consult with county government from affected counties1 and with affected ,indian tribes4 7c7 ,submission and implementation ,the ,governor of a ,state shall submit proposed emergency hazardous fuel reduction projects and forest health projects to the ,secretary concerned for implementation as provided in section #bjc4 #bjg4 ,moratorium on use of prescribed fire in ,mark ,twain ,national ,forest1 ,missouri1 pending report 7a7 ,moratorium ,except as provided in subsection 7b71 the ,secretary of ,agriculture may not conduct any prescribed fire in ,mark ,twain ,national ,forest1 ,missouri1 under the ,collaborative ,forest ,landscape ,restoration ,project until the report required by subsection 7c7 is submitted to ,congress4 7b7 ,exception for wildfire suppression ,subsection 7a7 does not prohibit the use of prescribed fire as part of wildfire suppression activities4 7c7 ,report required ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,agriculture shall submit to ,congress a report containing an evaluation of recent and current ,forest ,service management practices for ,mark ,twain ,national ,forest1 including lands in the ,national ,forest enrolled1 or under consideration for enrollment1 in the ,collaborative ,forest ,landscape ,restoration ,project to convert certain lands into shortleaf pine-oak woodlands1 to determine the impact of such management practices on forest health and tree mortality4 ,the report shall specifically address-- 7#a7 the economic costs associated with the failure to utilize hardwoods cut as part of the ,collaborative ,forest ,landscape ,restoration ,project and the subsequent loss of hardwood production from the treated lands in the long term2 7#b7 the extent of increased tree mortality due to excessive heat generated by prescribed fires2 7#c7 the impacts to water quality and rate of water run off due to erosion of the scorched earth left in the aftermath of the prescribed fires2 and 7#d7 a long-term plan for evaluation of the impacts of prescribed fires on lands previously burned within the ,eleven ,point ,ranger ,district4 ,,iii ,oregon and ,california ,railroad ,grant ,lands ,trust1 ,conservation1 and ,jobs #cja4 ,short title ,this title may be cited as the ,o,c ,trust1 ,conservation1 and ,jobs ,act4 #cjb4 ,definitions ,in this title3 7#a7 ,affiliates ,the term 8,affiliates0 has the meaning given such term in part #aba of title #ac1 ,code of ,federal ,regulations4 7#b7 ,board of trustees ,the term ,board of ,trustees means the ,board of ,trustees for the ,oregon and ,california ,railroad ,grant ,lands ,trust appointed under section #cac4 7#c7 ,coos ,bay ,wagon ,road ,grant lands ,the term ,coos ,bay ,wagon ,road ,grant lands means the lands reconveyed to the ,united ,states pursuant to the first section of the ,act of ,february #bf1 #aiai 7#dj ,stat4 #aagi74 7#d7 ,fiscal year ,the term fiscal year means the ,federal fiscal year1 ,october #a through the next ,september #cj4 7#e7 ,governor ,the term ,governor means the ,governor of the ,state of ,oregon4 7#f7 ,o,c ,region ,public ,domain lands ,the term ,o,c ,region ,public ,domain lands means all the land managed by the ,bureau of ,land ,management in the ,salem ,district1 ,eugene ,district1 ,roseburg ,district1 ,coos ,bay ,district1 and ,medford ,district in the ,state of ,oregon1 excluding the ,oregon and ,california ,railroad ,grant lands and the ,coos ,bay ,wagon ,road ,grant lands4 7#g7 ,o,c ,trust ,the terms ,oregon and ,california ,railroad ,grant ,lands ,trust and ,o,c ,trust mean the trust created by section #caa1 which has fiduciary responsibilities to act for the benefit of the ,o,c ,trust counties in the management of ,o,c ,trust lands4 7#h7 ,o,c trust county ,the term ,o,c ,trust county means each of the #ah counties in the ,state of ,oregon that contained a portion of the ,oregon and ,california ,railroad ,grant lands as of ,january #a1 #bjac1 each of which are beneficiaries of the ,o,c ,trust4 7#i7 ,o,c trust lands ,the term ,o,c ,trust lands means the surface estate of the lands over which management authority is transferred to the ,o,c ,trust pursuant to section #caa7;c77#a74 ,the term does not include any of the lands excluded from the ,o,c ,trust pursuant to section #caa7;c77#b71 transferred to the ,forest ,service under section #cba1 or ,tribal lands transferred under subtitle ,d4 7#aj7 ,oregon and ,california ,railroad ,grant lands ,the term ,oregon and ,california ,railroad ,grant lands means the following lands3 7,a7 ,all lands in the ,state of ,oregon revested in the ,united ,states under the ,act of ,june #i1 #aiaf 7#ci ,stat4 #bah71 regardless of whether the lands are-- 7i7 administered by the ,secretary of the ,interior1 acting through the ,bureau of ,land ,management1 pursuant to the first section of the ,act of ,august #bh1 #aicg 7#dc ,u4,s4,c4 #aaha;a72 or 7ii7 administered by the ,secretary of ,agriculture as part of the ,national ,forest ,system pursuant to the first section of the ,act of ,june #bd1 #aied 7#dc ,u4,s4,c4 #aaha;g74 7,b7 ,all lands in the ,state obtained by the ,secretary of the ,interior pursuant to the land exchanges authorized and directed by section #b of the ,act of ,june #bd1 #aied 7#dc ,u4,s4,c4 #aaha;h74 7,c7 ,all lands in the ,state acquired by the ,united ,states at any time and made subject to the provisions of title ,,ii of the ,act of ,august #bh1 #aicg 7#dc ,u4,s4,c4 #aaha;f74 7#aa7 ,reserve ,fund ,the term ,reserve ,fund means the reserve fund created by the ,board of ,trustees under section #cae7;b74 7#ab7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary of the ,interior1 with respect to ,oregon and ,california ,railroad ,grant lands that are transferred to the management authority of the ,o,c ,trust and1 immediately before such transfer1 were managed by the ,bureau of ,land ,management2 and 7,b7 the ,secretary of ,agriculture1 with respect to ,oregon and ,california ,railroad ,grant lands that-- 7i7 are transferred to the management authority of the ,o,c ,trust and1 immediately before such transfer1 were part of the ,national ,forest ,system2 or 7ii7 are transferred to the ,forest ,service under section #cba4 7#ac7 ,state ,the term ,state means the ,state of ,oregon4 7#ad7 ,transition period ,the term transition period means the three fiscal-year period specified in section #cca following the appointment of the ,board of ,trustees during which-- 7,a7 the ,o,c ,trust is created2 and 7,b7 interim funding of the ,o,c ,trust is secured4 7#ae7 ,tribal lands ,the term ,tribal lands means any of the lands transferred to the ,cow ,creek ,band of the ,umpqua ,tribe of ,indians or the ,confederated ,tribes of ,coos1 ,lower ,umpqua1 and ,siuslaw ,indians under subtitle ,d4 ,a ,trust1 ,conservation1 and ,jobs #a ,creation and ,terms of ,o,c ,trust #caa4 ,creation of ,o,c ,trust and designation of ,o,c ,trust lands 7a7 ,creation ,the ,oregon and ,california ,railroad ,grant ,lands ,trust is established effective on ,october #a of the first fiscal year beginning after the appointment of the ,board of ,trustees4 ,as management authority over the surface of estate of the ,o,c ,trust lands is transferred to the ,o,c ,trust during the transition period pursuant to section #cca1 the transferred lands shall be held in trust for the benefit of the ,o,c ,trust counties4 7b7 ,trust purpose ,the purpose of the ,o,c ,trust is to produce annual maximum sustained revenues in perpetuity for ,o,c ,trust counties by managing the timber resources on ,o,c ,trust lands on a sustained-yield basis subject to the management requirements of section #cad4 7c7 ,designation of ,o,c trust lands 7#a7 ,lands included ,except as provided in paragraph 7#b71 the ,o,c ,trust lands shall include all of the lands containing the stands of timber described in subsection 7d7 that are located1 as of ,january #a1 #bjac1 on ,oregon and ,california ,railroad ,grant lands and ,o,c ,region ,public ,domain lands4 7#b7 ,lands excluded ,o,c ,trust lands shall not include any of the following ,oregon and ,california ,railroad ,grant lands and ,o,c ,region ,public ,domain lands 7even if the lands are otherwise described in subsection 7d773 7,a7 ,federal lands within the ,national ,landscape ,conservation ,system as of ,january #a1 #bjac4 7,b7 ,federal lands designated as ,areas of ,critical ,environmental ,concern as of ,january #a1 #bjac4 7,c7 ,federal lands that were in the ,national ,wilderness ,preservation ,system as of ,january #a1 #bjac4 7,d7 ,federal lands included in the ,national ,wild and ,scenic ,rivers ,system of ,january #a1 #bjac4 7,e7 ,federal lands within the boundaries of a national monument1 park1 or other developed recreation area as of ,january #a1 #bjac4 7,f7 ,oregon treasures addressed in subtitle ,c1 any portion of which1 as of ,january #a1 #bjac1 consists of ,oregon and ,california ,railroad ,grant lands or ,o,c ,region ,public ,domain lands4 7,g7 ,tribal lands addressed in subtitle ,d4 7d7 ,covered stands of timber 7#a7 ,description ,the ,o,c ,trust lands consist of stands of timber that have previously been managed for timber production or that have been materially altered by natural disturbances since #ahhf4 ,most of these stands of timber are #hj years old or less1 and all of such stands can be classified as having a predominant stand age of #abe years or less4 7#b7 ,delineation of boundaries by bureau of land management ,the ,oregon and ,california ,railroad ,grant lands and ,o,c ,region ,public ,domain lands that1 immediately before transfer to the ,o,c ,trust1 were managed by the ,bureau of ,land ,management are timber stands that have predominant birth date attributes of #ahhf or later1 with boundaries that are defined by polygon spatial data layer in and electronic data compilation filed by the ,bureau of ,land ,management pursuant to paragraph 7#d74 ,except as provided in paragraph 7#e71 the boundaries of all timber stands constituting the ,o,c ,trust lands are finally and conclusively determined for all purposes by coordinates in or derived by reference to the polygon spatial data layer prepared by the ,bureau of ,land ,management and filed pursuant to paragraph 7#d71 notwithstanding anomalies that might later be discovered on the ground4 ,the boundary coordinates are locatable on the ground by use of global positioning system signals4 ,in cases where the location of the stand boundary is disputed or is inconsistent with paragraph 7#a71 the location of boundary coordinates on the ground shall be1 except as otherwise provided in paragraph 7#e71 finally and conclusively determined for all purposes by the direct or indirect use of global positioning system equipment with accuracy specification of one meter or less4 7#c7 ,delineation of boundaries by forest service ,the ,o,c ,trust lands that1 immediately before transfer to the ,o,c ,trust1 were managed by the ,forest ,service are timber stands that can be classified as having predominant stand ages of #abe years old or less4 ,within #cj days after the date of the enactment of this ,act1 the ,secretary of ,agriculture shall commence identification of the boundaries of such stands1 and the boundaries of all such stands shall be identified and made available to the ,board of ,trustees not later than #ahj days following the creation of the ,o,c ,trust pursuant to subsection 7a74 ,in identifying the stand boundaries1 the ,secretary may use geographic information system data1 satellite imagery1 cadastral survey coordinates1 or any other means available within the time allowed4 ,the boundaries shall be provided to the ,board of ,trustees within the time allowed in the form of a spatial data layer from which coordinates can be derived that are locatable on the ground by use of global positioning system signals4 ,except as provided in paragraph 7#e71 the boundaries of all timber stands constituting the ,o,c ,trust lands are finally and conclusively determined for all purposes by coordinates in or derived by reference to the data provided by the ,secretary within the time provided by this paragraph1 notwithstanding anomalies that might later be discovered on the ground4 ,in cases where the location of the stand boundary is disputed or inconsistent with paragraph 7#a71 the location of boundary coordinates on the ground shall be1 except as otherwise provided in paragraph 7#e71 finally and conclusively determined for all purposes by the boundary coordinates provided by the ,secretary as they are located on the ground by the direct or indirect use of global positioning system equipment with accuracy specifications of one meter or less4 ,all actions taken by the ,secretary under this paragraph shall be deemed to not involve ,federal agency action or ,federal discretionary involvement or control4 7#d7 ,data and maps ,copies of the data containing boundary coordinates for the stands included in the ,o,c ,trust lands1 or from which such coordinates are derived1 and maps generally depicting the stand locations shall be filed with the ,committee on ,energy and ,natural ,resources of the ,senate1 the ,committee on ,natural ,resources of the ,house of ,representatives1 and the office of the ,secretary concerned4 ,the maps and data shall be filed-- 7,a7 not later than #ij days after the date of the enactment of this ,act1 in the case of the lands identified pursuant to paragraph 7#b72 and 7,b7 not later than #ahj days following the creation of the ,o,c ,trust pursuant to subsection 7a71 in the case of lands identified pursuant to paragraph 7#c74 7#e7 ,adjustment authority and limitations 7,a7 ,no impact on determining title or property ownership boundaries ,stand boundaries identified under paragraph 7#b7 or 7#c7 shall not be relied upon for purposes of determining title or property ownership boundaries4 ,if the boundary of a stand identified under paragraph 7#b7 or 7#c7 extends beyond the property ownership boundaries of ,oregon and ,california ,railroad ,grant lands or ,o,c ,region ,public ,domain lands1 as such property boundaries exist on the date of enactment of this ,act1 then that stand boundary is deemed adjusted by this subparagraph to coincide with the property ownership boundary4 7,b7 ,effect of data errors or inconsistencies ,data errors or inconsistencies may result in parcels of land along property ownership boundaries that are unintentionally omitted from the ,o,c ,trust lands that are identified under paragraph 7#b7 or 7#c74 ,in order to correct such errors1 any parcel of land that satisfies all of the following criteria is hereby deemed to be ,o,c ,trust land3 7i7 ,the parcel is within the ownership boundaries of ,oregon and ,california ,railroad ,grant lands or ,o,c ,region ,public ,domain lands on the date of the enactment of this ,act4 7ii7 ,the parcel satisfies the description in paragraph 7#a7 on the date of enactment of this ,act4 7iii7 ,the parcel is not excluded from the ,o,c ,trust lands pursuant to subsection 7c77#b74 7,c7 ,no impact on land exchange authority ,nothing in this subsection is intended to limit the authority of the ,trust and the ,forest ,service to engage in land exchanges between themselves or with owners of non-,federal land as provided elsewhere in this title4 #cab4 ,legal effect of ,o,c ,trust and judicial review 7a7 ,legal status of trust lands ,subject to the other provisions of this section1 all right1 title1 and interest in and to the ,o,c ,trust lands remain in the ,united ,states1 except that-- 7#a7 the ,board of ,trustees shall have all authority to manage the surface estate of the ,o,c ,trust lands and the resources found thereon2 7#b7 actions on the ,o,c ,trust lands shall be deemed to involve no ,federal agency action or ,federal discretionary involvement or control and the laws of the ,state shall apply to the surface estate of the ,o,c ,trust lands in the manner applicable to privately owned timberlands in the ,state2 and 7#c7 the ,o,c ,trust shall be treated as the beneficial owner of the surface estate of the ,o,c ,trust lands for purposes of all legal proceedings involving the ,o,c ,trust lands4 7b7 ,minerals 7#a7 ,in general ,mineral and other subsurface rights in the ,o,c ,trust lands are retained by the ,united ,states or other owner of such rights as of the date on which management authority over the surface estate of the lands are transferred to the ,o,c ,trust4 7#b7 ,rock and gravel 7,a7 ,use authorized2 purpose ,for maintenance or construction on the road system under the control of the ,o,c ,trust or for non-,federal lands intermingled with ,o,c ,trust lands1 the ,board of ,trustees may-- 7i7 utilize rock or gravel found within quarries in existence immediately before the date of the enactment of this ,act on any ,oregon and ,california ,railroad ,grant lands and ,o,c ,region ,public ,domain lands1 excluding those lands designated under subtitle ,c or transferred under subtitle ,d2 and 7ii7 construct new quarries on ,o,c ,trust lands1 except that any quarry so constructed may not exceed #e acres4 7,b7 ,exception ,the ,board of ,trustees shall not construct new quarries on any of the lands transferred to the ,forest ,service under section #cba or lands designated under subtitle ,d4 7c7 ,roads 7#a7 ,in general ,except as provided in subsection 7b71 the ,board of ,trustees shall assume authority and responsibility over1 and have authority to use1 all roads and the road system specified in the following subparagraphs3 7,a7 ,all roads and road systems on the ,oregon and ,california ,railroad and ,grant lands and ,o,c ,region ,public ,domain lands owned or administered by the ,bureau of ,land ,management immediately before the date of the enactment of this ,act1 except that the ,secretary of ,agriculture shall assume the ,secretary of ,interior's obligations for pro-rata maintenance expense and road use fees under reciprocal right-of-way agreements for those lands transferred to the ,forest ,service under section #cba4 ,all of the lands transferred to the ,forest ,service under section #cba shall be considered as part of the tributary area used to calculate pro-rata maintenance expense and road use fees4 7,b7 ,all roads and road systems owned or administered by the ,forest ,service immediately before the date of the enactment of this ,act and subsequently included within the boundaries of the ,o,c ,trust lands4 7,c7 ,all roads later added to the road system for management of the ,o,c ,trust lands4 7#b7 ,lands transferred to forest service ,the ,secretary of ,agriculture shall assume the obligations of the ,secretary of ,interior for pro-rata maintenance expense and road use fees under reciprocal rights-of-way agreements for those ,oregon and ,california ,railroad ,grant lands or ,o,c ,region ,public ,domain lands transferred to the ,forest ,service under section #cba4 7#c7 ,compliance with ,clean ,water ,act ,all roads used1 constructed1 or reconstructed under the jurisdiction of the ,o,c ,trust must comply with requirements of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 applicable to private lands through the use of ,best ,management ,practices under the ,oregon ,forest ,practices ,act4 7d7 ,public access 7#a7 ,in general ,subject to paragraph 7#b71 public access to ,o,c ,trust lands shall be preserved consistent with the policies of the ,secretary concerned applicable to the ,o,c ,trust lands as of the date on which management authority over the surface estate of the lands is transferred to the ,o,c ,trust4 7#b7 ,restrictions ,the ,board of ,trustees may limit or control public access for reasons of public safety or to protect the resources on the ,o,c ,trust lands4 7e7 ,limitations ,the assets of the ,o,c ,trust shall not be subject to the creditors of an ,o,c ,trust county1 or otherwise be distributed in an unprotected manner or be subject to anticipation1 encumbrance1 or expenditure other than for a purpose for which the ,o,c ,trust was created4 7f7 ,remedy ,an ,o,c ,trust county shall have all of the rights and remedies that would normally accrue to a beneficiary of a trust4 ,an ,o,c ,trust county shall provide the ,board of ,trustees1 the ,secretary concerned1 and the ,attorney ,general with not less than #fj days notice of an intent to sue to enforce the ,o,c ,trust county's rights under the ,o,c ,trust4 7g7 ,judicial review 7#a7 ,in general ,except as provided in paragraph 7#b71 judicial review of any provision of this title shall be sought in the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 ,parties seeking judicial review of the validity of any provision of this title must file suit within #ij days after the date of the enactment of this ,act and no preliminary injunctive relief or stays pending appeal will be permitted4 ,if multiple cases are filed under this paragraph1 the ,court shall consolidate the cases4 ,the ,court must rule on any action brought under this paragraph within #ahj days4 7#b7 ,decisions of ,board of ,trustees ,decisions made by the ,board of ,trustees shall be subject to judicial review only in an action brought by an ,o,c ,county1 except that nothing in this title precludes bringing a legal claim against the ,board of ,trustees that could be brought against a private landowner for the same action4 #cac4 ,board of ,trustees 7a7 ,appointment authorization ,subject to the conditions on appointment imposed by this section1 the ,governor is authorized to appoint the ,board of ,trustees to administer the ,o,c ,trust and ,o,c ,trust lands4 ,appointments by the ,governor shall be made within #fj days after the date of the enactment of this ,act4 7b7 ,members and eligibility 7#a7 ,number ,subject to subsection 7c71 the ,board of ,trustees shall consist of seven members4 7#b7 ,residency requirement ,members of the ,board of ,trustees must reside within an ,o,c ,trust county4 7#c7 ,geographical representation ,to the extent practicable1 the ,governor shall ensure broad geographic representation among the ,o,c ,trust counties in appointing members to the ,board of ,trustees4 7c7 ,composition ,the ,board of ,trustees shall include the following members3 7#a7 7,a7 ,two forestry and wood products representatives1 consisting of-- 7i7 one member who represents the commercial timber1 wood products1 or milling industries and who represents an ,oregon-based company with more than #ejj employees1 taking into account its affiliates1 that has submitted a bid for a timber sale on the ,oregon and ,california ,railroad ,grant lands1 ,o,c ,region ,public ,domain lands1 ,coos ,bay ,wagon ,road ,grant lands1 or ,o,c ,trust lands in the preceding five years2 and 7ii7 one member who represents the commercial wood products or milling industries and who represents an ,oregon-based company with #ejj or fewer employees1 taking into account its affiliates1 that has submitted a bid for a timber sale on the ,oregon and ,california ,railroad ,grant lands1 ,o,c ,region ,public ,domain lands1 ,coos ,bay ,wagon ,road ,grant lands1 or ,o,c ,trust lands in the preceding five years4 7,b7 ,at least one of the two representatives selected in this paragraph must own commercial forest land that is adjacent to the ,o,c ,trust lands and from which the representative has not exported unprocessed timber in the preceding five years4 7#b7 ,one representative of the general public who has professional experience in one or more of the following fields3 7,a7 ,business management4 7,b7 ,law4 7,c7 ,accounting4 7,d7 ,banking4 7,e7 ,labor management4 7,f7 ,transportation4 7,g7 ,engineering4 7,h7 ,public policy4 7#c7 ,one representative of the science community who1 at a minimum1 holds a ,doctor of ,philosophy degree in wildlife biology1 forestry1 ecology1 or related field and has published peer-reviewed academic articles in the representative's field of expertise4 7#d7 ,three governmental representatives1 consisting of-- 7,a7 two members who are serving county commissioners of an ,o,c ,trust county and who are nominated by the governing bodies of a majority of the ,o,c ,trust counties and approved by the ,governor1 except that the two representatives may not be from the same county2 and 7,b7 one member who holds ,state-wide elected office 7or is a designee of such a person7 or who represents a federally recognized ,indian tribe or tribes within one or more ,o,c ,trust counties4 7d7 ,term1 initial appointment1 vacancies 7#a7 ,term ,except in the case of initial appointments1 members of the ,board of ,trustees shall serve for five-year terms and may be reappointed for one consecutive term4 7#b7 ,initial appointments ,in making the first appointments to the ,board of ,trustees1 the ,governor shall stagger initial appointment lengths so that two members have three-year terms1 two members have four-year terms1 and three members have a full five-year term4 7#c7 ,vacancies ,any vacancy on the ,board of ,trustees shall be filled within #de days by the ,governor for the unexpired term of the departing member4 7#d7 ,board of ,trustees ,management ,costs ,members of the ,board of ,trustees may receive annual compensation from the ,o,c ,trust at a rate not to exceed #ej percent of the average annual salary for commissioners of the ,o,c ,trust counties for that year4 7e7 ,chairperson and operations 7#a7 ,chairperson ,a majority of the ,board of ,trustees shall select the chairperson for the ,board of ,trustees each year4 7#b7 ,meetings ,the ,board of ,trustees shall establish proceedings to carry out its duties4 ,the ,board shall meet at least quarterly4 ,except for meetings substantially involving personnel and contractual decisions1 all meetings of the ,board shall comply with the public meetings law of the ,state4 7f7 ,quorum and decision-,making 7#a7 ,quorum ,a quorum shall consist of five members of the ,board of ,trustees4 ,the presence of a quorum is required to constitute an official meeting of the board of trustees to satisfy the meeting requirement under subsection 7e77#b74 7#b7 ,decisions ,all actions and decisions by the ,board of ,trustees shall require approval by a majority of members4 7g7 ,annual audit ,financial statements regarding operation of the ,o,c ,trust shall be independently prepared and audited annually for review by the ,o,c ,trust counties1 ,congress1 and the ,state4 #cad4 ,management of ,o,c ,trust lands 7a7 ,in general ,except as otherwise provided in this title1 the ,o,c ,trust lands will be managed by the ,board of ,trustees in compliance with all ,federal and ,state laws in the same manner as such laws apply to private forest lands4 7b7 ,timber sale plans ,the ,board of ,trustees shall approve and periodically update management and sale plans for the ,o,c ,trust lands consistent with the purpose specified in section #caa7;b74 ,the ,board of ,trustees may defer sale plans during periods of depressed timber markets if the ,board of ,trustees1 in its discretion1 determines that such delay until markets improve is financially prudent and in keeping with its fiduciary obligation to the ,o,c ,trust counties4 7c7 ,stand rotation 7#a7 #ajj-abj year rotation ,the ,board of ,trustees shall manage not less than #ej percent of the harvestable acres of the ,o,c ,trust lands on a #ajj-abj year rotation4 ,the acreage subject to #ajj-abj year management shall be geographically dispersed across the ,o,c ,trust lands in a manner that the ,board of ,trustees1 in its discretion1 determines will contribute to aquatic and terrestrial ecosystem values4 7#b7 ,balance ,the balance of the harvestable acreage of the ,o,c ,trust lands shall be managed on any rotation age the ,board of ,trustees1 in its discretion and in compliance with applicable ,state law1 determines will best satisfy its fiduciary obligation to provide revenue to the ,o,c ,trust counties4 7#c7 ,thinning ,nothing in this subsection is intended to limit the ability of the ,board of ,trustees to decide1 in its discretion1 to thin stands of timber on ,o,c ,trust lands4 7d7 ,sale terms 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 the ,board of ,trustees is authorized to establish the terms for sale contracts of timber or other forest products from ,o,c ,trust lands4 7#b7 ,set aside ,the ,board of ,trustees shall establish a program consistent with the program of the ,bureau of ,land ,management under a ,march #aj1 #aiei ,memorandum of ,understanding1 as amended1 regarding calculation of shares and sale of timber set aside for purchase by business entities with #ejj or fewer employees and consistent with the regulations in part #aba of title #ac1 ,code of ,federal ,regulations applicable to timber sale set asides1 except that existing shares in effect on the date of enactment of this ,act shall apply until the next scheduled recomputation of shares4 ,in implementing its program that is consistent with such ,memorandum of ,understanding1 the ,board of ,trustees shall utilize the ,timber ,sale ,procedure ,handbook and other applicable procedures of the ,bureau of ,land ,management1 including the ,operating ,procedures for ,conducting the ,five-,year ,recomputation of ,small ,business ,share ,percentages in effect on ,january #a1 #bjac4 7#c7 ,competitive bidding ,the ,board of ,trustees must sell timber on a competitive bid basis4 ,no less than #ej percent of the total volume of timber sold by the ,board of ,trustees each year shall be sold by oral bidding consistent with practices of the ,bureau of ,land ,management as of ,january #a1 #bjac4 7e7 ,prohibition on export 7#a7 ,in general ,as a condition on the sale of timber or other forest products from ,o,c ,trust lands1 unprocessed timber harvested from ,o,c ,trust lands may not be exported4 7#b7 ,violations ,any person who knowingly exports unprocessed timber harvested from ,o,c ,trust lands1 who knowingly provides such unprocessed timber for export by another person1 or knowingly sells timber harvested from ,o,c ,trust lands to a person who is disqualified from purchasing timber from such lands pursuant to this section shall be disqualified from purchasing timber or other forest products from ,o,c ,trust lands or from ,federal lands administered under this subtitle4 ,any person who uses unprocessed timber harvested from ,o,c ,trust lands in substitution for exported unprocessed timber originating from private lands shall be disqualified from purchasing timber or other forest products from ,o,c ,trust lands or from ,federal lands administered under this subtitle4 7#c7 ,unprocessed timber defined ,in this subsection1 the term unprocessed timber has the meaning given such term in section #dic7i7 of the ,forest ,resources ,conservation and ,shortage ,relief ,act of #aiij 7#af ,u4,s4,c4 #fbj;e7#i774 7f7 ,integrated ,pest1 ,disease1 and ,weed ,management ,plan ,the ,board of ,trustees shall develop an integrated pest and vegetation management plan to assist forest managers in prioritizing and minimizing the use of pesticides and herbicides approved by the ,environmental ,protection ,agency and used in compliance with the ,oregon ,forest ,practices ,act4 ,the plan shall optimize the ability of the ,o,c ,trust to re-establish forest stands after harvest in compliance with the ,oregon ,forest ,practices ,act and to create diverse early seral stage forests4 ,the plan shall allow for the eradication1 containment and suppression of disease1 pests1 weeds and noxious plants1 and invasive species as found on the ,state ,noxious ,weed ,list and prioritize ground application of herbicides and pesticides to the greatest extent practicable4 ,the plan shall be completed before the start of the second year of the transition period4 ,the planning process shall be open to the public and the ,board of ,trustees shall hold not less than two public hearings on the proposed plan before final adoption4 7g7 ,access to lands transferred to ,forest ,service ,persons acting on behalf of the ,o,c ,trust shall have a right of timely access over lands transferred to the ,forest ,service under section #cba and ,tribal lands transferred under subtitle ,d as is reasonably necessary for the ,board of ,trustees to carry out its management activities with regard to the ,o,c ,trust lands and the ,o,c ,trust to satisfy its fiduciary duties to ,o,c counties4 7h7 ,harvest area tree and retention requirements 7#a7 ,in general ,the ,o,c ,trust lands shall include harvest area tree and retention requirements consistent with ,state law4 7#b7 ,use of old growth definition ,to the greatest extent practicable1 and at the discretion of the ,board of ,trustees1 old growth1 as defined by the ,old ,growth ,review ,panel created by section #cbd1 shall be used to meet the retention requirements applicable under paragraph 7#a74 7i7 ,riparian area management 7#a7 ,in general ,the ,o,c ,trust lands shall be managed with timber harvesting limited in riparian areas as follows3 7,a7 ,streams ,for all fish bearing streams and all perennial non-fish-bearing streams1 there shall be no removal of timber within a distance equal to the height of one site potential tree on both sides of the stream channel4 ,for intermittent1 non-fish-bearing streams1 there shall be no removal of timber within a distance equal to one-half the height of a site potential tree on both sides of the stream channel4 ,for purposes of this subparagraph1 the stream channel boundaries are the lines of ordinary high water4 7,b7 ,larger lakes1 ponds and reservoirs ,for all lakes1 ponds1 and reservoirs with surface area larger than one quarter of one acre1 there shall be no removal of timber within a distance equal to the height of one site potential tree from the line of ordinary high water of the water body4 7,c7 ,small ponds and natural wetlands1 springs and seeps ,for all ponds with surface area one quarter acre or less1 and for all natural wetlands1 springs and seeps1 there shall be no removal of timber within the area dominated by riparian vegetation4 7#b7 ,measurements ,for purposes of paragraph 7#a71 all distances shall be measured along slopes1 and all site potential tree heights shall be average height at maturity of the dominant species of conifer determined at a scale no finer than the applicable fifth field watershed4 7#c7 ,rules of construction ,nothing in paragraph 7#a7 shall be construed-- 7,a7 to prohibit the falling or placement of timber into streams to create large woody debris for the benefit of aquatic ecosystems2 or 7,b7 to prohibit the falling of trees within riparian areas as may be reasonably necessary for safety or operational reasons in areas adjacent to the riparian areas1 or for road construction or maintenance pursuant to section #cab7;c77#c74 7j7 ,fire protection and emergency response 7#a7 ,reciprocal fire protection agreements 7,a7 ,continuation of agreements ,subject to subparagraphs 7,b71 7,c71 and 7,d71 any reciprocal fire protection agreement between the ,state or any other entity and the ,secretary concerned with regard to ,oregon and ,california ,railroad ,grant lands and ,o,c ,region ,public ,domain lands in effect on the date of the enactment of this ,act shall remain in place for a period of ten years after such date unless earlier terminated by the ,state or other entity4 7,b7 ,assumption of ,,blm rights and duties ,the ,board of ,trustees shall exercise the rights and duties of the ,bureau of ,land ,management under the agreements described in subparagraph 7,a71 except as such rights and duties might apply to ,tribal lands under subtitle ,d4 7,c7 ,effect of expiration of period ,following the expiration of the ten-year period under subparagraph 7,a71 the ,board of ,trustees shall continue to provide for fire protection of the ,oregon and ,california ,railroad ,grant lands and ,o,c ,region ,public ,domain lands1 including those transferred to the ,forest ,service under section #cca1 through continuation of the reciprocal fire protection agreements1 new cooperative agreements1 or by any means otherwise permitted by law4 ,the means selected shall be based on the review by the ,board of ,trustees of whether the reciprocal fire protection agreements were effective in protecting the lands from fire4 7,d7 ,emergency response ,nothing in this paragraph shall prevent the ,secretary of ,agriculture from an emergency response to a fire on the ,o,c ,trust lands or lands transferred to the ,forest ,service under section #cba4 7#b7 ,emergency response to fire ,subject to paragraph 7#a71 if the ,secretary of ,agriculture determines that fire on any of the lands transferred under section #cba is burning uncontrolled or the ,secretary1 the ,board of ,trustees1 or contracted party does not have readily and immediately available personnel and equipment to control or extinguish the fire1 the ,secretary1 or any forest protective association or agency under contract or agreement with the ,secretary or the ,board of ,trustees for the protection of forestland against fire1 shall summarily and aggressively abate the nuisance thus controlling and extinguishing the fire4 7k7 ,northern spotted owl ,so long as the ,o,c ,trust maintains the #ajj-abj year rotation on #ej percent of the harvestable acres required in subsection 7c71 the section #cba lands representing the best quality habitat for the owl are transferred to the ,forest ,service1 and the ,o,c ,trust protects currently occupied northern spotted owl nest sites consistent with the forest practices in the ,oregon ,forest ,practices ,act1 management of the ,o,c ,trust land by the ,board of ,trustees shall be considered to comply with section #i of ,public ,law #ic-bje 7#af ,u4,s4,c4 #aech7 for the northern spotted owl4 ,a currently occupied northern spotted owl nest site shall be considered abandoned if there are no northern spotted owl responses following three consecutive years of surveys using the ,protocol for ,surveying ,management ,activities that ,may ,impact ,northern ,spotted ,owls dated ,february #b1 #bjac4 #cae4 ,distribution of revenues from ,o,c ,trust lands 7a7 ,annual distribution of revenues 7#a7 ,time for distribution2 use ,payments to each ,o,c ,trust county shall be made available to the general fund of the ,o,c ,trust county as soon as practicable following the end of each fiscal year1 to be used as are other unrestricted county funds4 7#b7 ,amount ,the amount paid to an ,o,c ,trust county in relation to the total distributed to all ,o,c ,trust counties for a fiscal year shall be based on the proportion that the total assessed value of the ,oregon and ,california ,railroad ,grant lands in each of the ,o,c ,trust counties for fiscal year #aiae bears to the total assessed value of all of the ,oregon and ,california ,railroad ,grant lands in the ,state for that same fiscal year4 ,however1 for the purposes of this subsection the portion of the revested ,oregon and ,california ,railroad ,grant lands in each of the ,o,c ,trust counties that was not assessed for fiscal year #aiae shall be deemed to have been assessed at the average assessed value of the ,oregon and ,california ,railroad ,grant lands in the county4 7#c7 ,limitation ,after the fifth payment made under this subsection1 the payment to an ,o,c ,trust county for a fiscal year shall not exceed #aaj percent of the previous year's payment to the ,o,c ,trust county1 adjusted for inflation based on the consumer price index applicable to the geographic area in which the ,o,c ,trust counties are located4 7b7 ,reserve fund 7#a7 ,establishment of reserve fund ,the ,board of ,trustees shall generate and maintain a reserve fund4 7#b7 ,deposits to reserve fund ,within #aj years after creation of the ,o,c ,trust or as soon thereafter as is practicable1 the ,board of ,trustees shall establish and seek to maintain an annual balance of #abe1jjj1jjj in the ,reserve ,fund1 to be derived from revenues generated from management activities involving ,o,c ,trust lands4 ,all annual revenues generated in excess of operating costs and payments to ,o,c ,trust counties required by subsection 7a7 and payments into the ,conservation ,fund as provided in subsection 7c7 shall be deposited in the ,reserve ,fund4 7#c7 ,expenditures from reserve fund ,the ,board of ,trustees shall use amounts in the ,reserve ,fund only-- 7,a7 to pay management and administrative expenses or capital improvement costs on ,o,c ,trust lands2 and 7,b7 to make payments to ,o,c ,trust counties when payments to the counties under subsection 7a7 are projected to be #ij percent or less of the previous year's payments4 7c7 ,o,c trust conservation fund 7#a7 ,establishment of conservation fund ,the ,board of ,trustees shall use a portion of revenues generated from activity on the ,o,c ,trust lands1 consistent with paragraph 7#b71 to establish and maintain a ,o,c ,trust ,conservation ,fund4 ,the ,o,c ,trust ,conservation ,fund shall include no ,federal appropriations4 7#b7 ,revenues ,following the transition period1 five percent of the ,o,c ,trust's annual net operating revenue1 after deduction of all management costs and expenses1 including the payment required under section #cag1 shall be deposited to the ,o,c ,trust ,conservation ,fund4 7#c7 ,expenditures from conservation fund ,the ,board of ,trustees shall use amounts from the ,o,c ,trust ,conservation ,fund only-- 7,a7 to fund the voluntary acquisition of conservation easements from willing private landowners in the ,state2 7,b7 to fund watershed restoration1 remediation and enhancement projects within the ,state2 or 7,c7 to contribute to balancing values in a land exchange with willing private landowners proposed under section #cbc7;b71 if the land exchange will result in a net increase in ecosystem benefits for fish1 wildlife1 or rare native plants4 #caf4 ,land exchange authority 7a7 ,authority ,subject to approval by the ,secretary concerned1 the ,board of ,trustees may negotiate proposals for land exchanges with owners of lands adjacent to ,o,c ,trust lands in order to create larger contiguous blocks of land under management by the ,o,c ,trust to facilitate resource management1 to improve conservation value of such lands1 or to improve the efficiency of management of such lands4 7b7 ,approval required2 criteria ,the ,secretary concerned may approve a land exchange proposed by the ,board of ,trustees administratively if the exchange meets the following criteria3 7#a7 ,the non-,federal lands are completely within the ,state4 7#b7 ,the non-,federal lands have high timber production value1 or are necessary for more efficient or effective management of adjacent or nearby ,o,c ,trust lands4 7#c7 ,the non-,federal lands have equal or greater value to the ,o,c ,trust lands proposed for exchange4 7#d7 ,the proposed exchange is reasonably likely to increase the net income to the ,o,c ,trust counties over the next #bj years and not decrease the net income to the ,o,c ,trust counties over the next #aj years4 7c7 ,acreage limitation ,the ,secretary concerned shall not approve land exchanges under this section that1 taken together with all previous exchanges involving the ,o,c ,trust lands1 have the effect of reducing the total acreage of the ,o,c ,trust lands by more than five percent from the total acreage to be designated as ,o,c ,trust land under section #caa7;c77#a74 7d7 ,inapplicability of certain laws ,section #c of the ,oregon ,public ,lands ,transfer and ,protection ,act of #aiih 7,public ,law #aje-cba2 #aab ,stat4 #cjbb71 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et4 seq471 including the amendments made by the ,federal ,land ,exchange ,facilitation ,act of #aihh 7,public ,law #ajj-dji2 #ajb ,stat4 #ajhf71 the ,act of ,march #bj1 #aibb 7#af ,u4,s4,c4 #dhe1 #dhf71 and the ,act of ,march #a1 #aiaa 7commonly known as the ,weeks ,act2 #af ,u4,s4,c4 #dhj et seq47 shall not apply to the land exchange authority provided by this section4 7e7 ,exchanges with forest service 7#a7 ,exchanges authorized ,the ,board of ,trustees is authorized to engage in land exchanges with the ,forest ,service if approved by the ,secretary pursuant to section #cbc7;c74 7#b7 ,management of exchanged lands ,following completion of a land exchange under paragraph 7#a71 the management requirements applicable to the newly acquired lands by the ,o,c ,trust or the ,forest ,service shall be the same requirements under this subtitle applicable to the other lands that are managed by the ,o,c ,board or the ,forest ,service4 #cag4 ,payments to the ,united ,states ,treasury ,as soon as practicable after the end of the third fiscal year of the transition period and in each of the subsequent seven fiscal years1 the ,o,c ,trust shall submit a payment of #aj1jjj1jjj to the ,united ,states ,treasury4 #b ,transfer of ,certain ,lands to ,forest ,service #cba4 ,transfer of certain ,oregon and ,california ,railroad ,grant lands to ,forest ,service 7a7 ,transfer required ,the ,secretary of the ,interior shall transfer administrative jurisdiction over all ,oregon and ,california ,railroad ,grant lands and ,o,c ,region ,public ,domain lands not designated as ,o,c ,trust lands by subparagraphs 7,a7 through 7,f7 of section #caa7;c77#a71 including those lands excluded by section #caa7;c77#b71 to the ,secretary of ,agriculture for inclusion in the ,national ,forest ,system and administration by the ,forest ,service as provided in section #cbb4 7b7 ,exception ,this section does not apply to ,tribal lands transferred under subtitle ,d4 #cbb4 ,management of transferred lands by ,forest ,service 7a7 ,assignment to existing national forests ,to the greatest extent practicable1 management responsibilities for the lands transferred under section #cba shall be assigned to the unit of the ,national ,forest ,system geographically closest to the transferred lands4 ,the ,secretary of ,agriculture shall have ultimate decision-making authority1 but shall assign the transferred lands to a unit not later than the applicable transfer date provided in the transition period4 7b7 ,application of ,northwest ,forest ,plan 7#a7 ,in general ,except as provided in paragraph 7#b71 the lands transferred under section #cba shall be managed under the ,northwest ,forest ,plan and shall retain ,northwest ,forest ,plan land use designations until or unless changed in the manner provided by ,federal laws applicable to the administration and management of the ,national ,forest ,system4 7#b7 ,exception for certain designated lands ,the lands excluded from the ,o,c ,trust by subparagraphs 7,a7 through 7,f7 of section #caa7;c77#b7 and transferred to the ,forest ,service under section #cba shall be managed as provided by ,federal laws applicable to the lands4 7c7 ,protection of old growth ,old growth1 as defined by the ,old ,growth ,review ,panel pursuant to rulemaking conducted in accordance with section #eec of title #e1 ,united ,states ,code1 shall not be harvested by the ,forest ,service on lands transferred under section #cba4 7d7 ,emergency response to fire ,subject to section #cad7;i71 if the ,secretary of ,agriculture determines that fire on any of the lands transferred under section #cba is burning uncontrolled or the ,secretary or contracted party does not have readily and immediately available personnel and equipment to control or extinguish the fire1 the ,secretary1 or any forest protective association or agency under contract or agreement with the ,secretary for the protection of forestland against fire1 and within whose protection area the fire exists1 shall summarily and aggressively abate the nuisance thus controlling and extinguishing the fire4 #cbc4 ,management efficiencies and expedited land exchanges 7a7 ,land exchange authority ,the ,secretary of ,agriculture may conduct land exchanges involving lands transferred under section #cba1 other than the lands excluded from the ,o,c ,trust by subparagraphs 7,a7 through 7,f7 of section #caa7;c77#b71 in order create larger contiguous blocks of land under management of the ,secretary to facilitate resource management1 to improve conservation value of such lands1 or to improve the efficiency of management of such lands4 7b7 ,criteria for exchanges with non-,federal owners ,the ,secretary of ,agriculture may conduct a land exchange administratively under this section with a non-,federal owner 7other than the ,o,c ,trust7 if the land exchange meets the following criteria3 7#a7 ,the non-,federal lands are completely within the ,state4 7#b7 ,the non-,federal lands have high wildlife conservation or recreation value or the exchange is necessary to increase management efficiencies of lands administered by the ,forest ,service for the purposes of the ,national ,forest ,system4 7#c7 ,the non-,federal lands have equal or greater value to the ,federal lands purposed for exchange or a balance of values can be achieved-- 7,a7 with a grant of funds provided by the ,o,c ,trust pursuant to section #cae7;c72 or 7,b7 from other sources4 7c7 ,criteria for exchanges with ,o,c trust ,the ,secretary of ,agriculture may conduct land exchanges with the ,board of ,trustees administratively under this subsection1 and such an exchange shall be deemed to not involve any ,federal action or ,federal discretionary involvement or control if the land exchange with the ,o,c ,trust meets the following criteria3 7#a7 ,the ,o,c ,trust lands to be exchanged have high wildlife value or ecological value or the exchange would facilitate resource management or otherwise contribute to the management efficiency of the lands administered by the ,forest ,service4 7#b7 ,the exchange is requested or approved by the ,board of ,trustees for the ,o,c ,trust and will not impair the ability of the ,board of ,trustees to meet its fiduciary responsibilities4 7#c7 ,the lands to be exchanged by the ,forest ,service do not contain stands of timber meeting the definition of old growth established by the ,old ,growth ,review ,panel pursuant to section #cbd4 7#d7 ,the lands to be exchanged are equal in acreage4 7d7 ,acreage limitation ,the ,secretary of ,agriculture shall not approve land exchanges under this section that1 taken together with all previous exchanges involving the lands described in subsection 7a71 have the effect of reducing the total acreage of such lands by more than five percent from the total acreage originally transferred to the ,secretary4 7e7 ,inapplicability of certain laws ,section #c of the ,oregon ,public ,lands ,transfer and ,protection ,act of #aiih 7,public ,law #aje-cba2 #aab ,stat4 #cjbb71 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et4 seq471 including the amendments made by the ,federal ,land ,exchange ,facilitation ,act of #aihh 7,public ,law #ajj-dji2 #ajb ,stat4 #ajhf71 the ,act of ,march #bj1 #aibb 7#af ,u4,s4,c4 #dhe1 #dhf71 and the ,act of ,march #a1 #aiaa 7commonly known as the ,weeks ,act2 #af ,u4,s4,c4 #dhj et seq47 shall not apply to the land exchange authority provided by this section4 #cbd4 ,review panel and old growth protection 7a7 ,appointment2 members ,within #fj days after the date of the enactment of this ,act the ,secretary of ,agriculture shall appoint an ,old ,growth ,review ,panel consisting of five members4 ,at a minimum1 the members must hold a ,doctor of ,philosophy degree in wildlife biology1 forestry1 ecology1 or related field and published peer-reviewed academic articles in their field of expertise4 7b7 ,purpose of review ,members of the ,old ,growth ,review ,panel shall review existing1 published1 peer-reviewed articles in relevant academic journals and establish a definition or definitions of old growth as it applies to the ecologically1 geographically and climatologically unique ,oregon and ,california ,railroad ,grant lands and ,o,c ,region ,public ,domain lands managed by the ,o,c ,trust or the ,forest ,service only4 ,the definition or definitions shall bear no legal force1 shall not be used as a precedent for1 and shall not apply to any lands other than the ,oregon and ,california ,railroad ,grant lands and ,o,c ,region ,public ,domain lands managed by the ,o,c ,trust or the ,forest ,service in western ,oregon4 ,the definition or definitions shall not apply to ,tribal lands4 7c7 ,submission of results ,the definition or definitions for old growth in western ,oregon established under subsection 7b71 if approved by at least four members of the ,old ,growth ,review ,panel1 shall be submitted to the ,secretary of ,agriculture within six months after the date of the enactment of this ,act4 #cbe4 ,uniqueness of old growth protection on ,oregon and ,california ,railroad ,grant lands ,all sections of this subtitle referring to the term old growth are uniquely suited to resolve management issues for the lands covered by this subtitle only1 and shall not be construed as precedent for any other situation involving management of other ,federal1 ,state1 ,tribal1 or private lands4 #c ,transition #cca4 ,transition period and operations 7a7 ,transition period 7#a7 ,commencement2 duration ,effective on ,october #a of the first fiscal year beginning after the appointment of the ,board of ,trustees under section #cac1 a transition period of three fiscal years shall commence4 7#b7 ,exceptions ,unless specifically stated in the following subsections1 any action under this section shall be deemed not to involve ,federal agency action or ,federal discretionary involvement or control4 7b7 ,year one 7#a7 ,applicability ,during the first fiscal year of the transition period1 the activities described in this subsection shall occur4 7#b7 ,board of ,trustees activities ,the ,board of ,trustees shall employ sufficient staff or contractors to prepare for beginning management of ,o,c ,trust lands and ,o,c ,region ,public ,domain lands in the second fiscal year of the transition period1 including preparation of management plans and a harvest schedule for the lands over which management authority is transferred to the ,o,c ,trust in the second fiscal year4 7#c7 ,forest service activities ,the ,forest ,service shall begin preparing to assume management authority of all ,oregon and ,california ,railroad ,grant lands and ,o,c ,region ,public ,domain lands transferred under section #cba in the second fiscal year4 7#d7 ,secretary concerned activities ,the ,secretary concerned shall continue to exercise management authority over all ,oregon and ,california ,railroad ,grant lands and ,o,c ,region ,public ,domain lands under all existing ,federal laws4 7#e7 ,information sharing ,upon written request from the ,board of ,trustees1 the ,secretary of the ,interior shall provide copies of any documents or data1 however stored or maintained1 that includes the requested information concerning ,o,c ,trust lands4 ,the copies shall be provided as soon as practicable and to the greatest extent possible1 but in no event later than #cj days following the date of the request4 7#f7 ,exception ,this subsection does not apply to ,tribal lands transferred under subtitle ,d4 7c7 ,year two 7#a7 ,applicability ,during the second fiscal year of the transition period1 the activities described in this subsection shall occur4 7#b7 ,transfer of ,o,c ,trust lands ,effective on ,october #a of the second fiscal year of the transition period1 management authority over the ,o,c ,trust lands shall be transferred to the ,o,c ,trust4 7#c7 ,transfer of lands to forest service ,the transfers required by section #cba shall occur4 7#d7 ,information sharing ,the ,secretary of ,agriculture shall obtain and manage1 as soon as practicable1 all documents and data relating to the ,oregon and ,california ,railroad ,grant lands1 ,o,c ,region ,public ,domain lands1 and ,coos ,bay ,wagon ,road lands previously managed by the ,bureau of ,land ,management4 ,upon written request from the ,board of ,trustees1 the ,secretary of ,agriculture shall provide copies of any documents or data1 however stored or maintained1 that includes the requested information concerning ,o,c ,trust lands4 ,the copies shall be provided as soon as practicable and to the greatest extent possible1 but in no event later than #cj days following the date of the request4 7#e7 ,implementation of management plan ,the ,board of ,trustees shall begin implementing its management plan for the ,o,c ,trust lands and revise the plan as necessary4 ,distribution of revenues generated from all activities on the ,o,c ,trust lands shall be subject to section #cae4 7d7 ,year three and subsequent years 7#a7 ,applicability ,during the third fiscal year of the transition period and all subsequent fiscal years1 the activities described in this subsection shall occur4 7#b7 ,board of trustees management ,the ,board of ,trustees shall manage the ,o,c ,trust lands pursuant to subtitle ,a4 #ccb4 ,o,c ,trust management capitalization 7a7 ,borrowing authority ,the ,board of ,trustees is authorized to borrow from any available private sources and non-,federal1 public sources in order to provide for the costs of organization1 administration1 and management of the ,o,c ,trust during the three-year transition period provided in section #cca4 7b7 ,support ,notwithstanding any other provision of law1 ,o,c ,trust counties are authorized to loan to the ,o,c ,trust1 and the ,board of ,trustees is authorized to borrow from willing ,o,c ,trust counties1 amounts held on account by such counties that are required to be expended in accordance with the ,act of ,may #bc1aijh 7#ce ,stat4 #bfj2 #af ,u4,s4,c4 #ejj7 and section #ac of the ,act of ,march #a1 #aiaa 7#cf ,stat4 #ifc2 #af ,u4,s4,c4 #ejj71 except that1 upon repayment by the ,o,c ,trust1 the obligation of such counties to expend the funds in accordance with such ,acts shall continue to apply4 #ccc4 ,existing ,bureau of ,land ,management and ,forest ,service contracts 7a7 ,treatment of existing contracts ,any work or timber contracts sold or awarded by the ,bureau of ,land ,management or ,forest ,service on or with respect to ,oregon and ,california ,railroad ,grant lands or ,o,c ,region ,public ,domain lands before the transfer of the lands to the ,o,c ,trust or the ,forest ,service1 or ,tribal lands transferred under subtitle ,d1 shall remain binding and effective according to the terms of the contracts after the transfer of the lands4 ,the ,board of ,trustees and ,secretary concerned shall make such accommodations as are necessary to avoid interfering in any way with the performance of the contracts4 7b7 ,treatment of ,payments under contracts ,payments made pursuant to the contracts described in subsection 7a71 if any1 shall be made as provided in those contracts and not made to the ,o,c ,trust4 #ccd4 ,protection of valid existing rights and access to non-,federal land 7a7 ,valid rights ,nothing in this title1 or any amendment made by this title1 shall be construed as terminating any valid lease1 permit1 patent1 right-of-way1 agreement1 or other right of authorization existing on the date of the enactment of this ,act with regard to ,oregon and ,california ,railroad ,grant lands or ,o,c ,region ,public ,domain lands1 including ,o,c ,trust lands over which management authority is transferred to the ,o,c ,trust pursuant to section #caa7;c77#a71 lands transferred to the ,forest ,service under section #cba1 and ,tribal lands transferred under subtitle ,d4 7b7 ,access to lands 7#a7 ,existing access rights ,the ,secretary concerned shall preserve all rights of access and use1 including 7but not limited to7 reciprocal right-of-way agreements1 tail hold agreements1 or other right-of-way or easement obligations existing on the date of the enactment of this ,act1 and such rights shall remain applicable to lands covered by this subtitle in the same manner and to the same extent as such rights applied before the date of the enactment of this ,act4 7#b7 ,new access rights ,if a current or future landowner of land intermingled with ,oregon and ,california ,railroad ,grant lands or ,o,c ,region ,public ,domain lands does not have an existing access agreement related to the lands covered by this subtitle1 the ,secretary concerned shall enter into an access agreement1 including appurtenant lands1 to secure the landowner the reasonable use and enjoyment of the landowner's land1 including the harvest and hauling of timber4 7c7 ,management cooperation ,the ,board of ,trustees and the ,secretary concerned shall provide current and future landowners of land intermingled with ,oregon and ,california ,railroad ,grant lands or ,o,c ,region ,public ,domain lands the permission needed to manage their lands1 including to locate tail holds1 tramways1 and logging wedges1 to purchase guylines1 and to cost-share property lines surveys to the lands covered by this subtitle1 within #cj days after receiving notification of the landowner's plan of operation4 7d7 ,judicial review ,notwithstanding section #cab7;g77#b71 a private landowner may obtain judicial review of a decision of the ,board of ,trustees to deny-- 7#a7 the landowner the rights provided by subsection 7b7 regarding access to the landowner's land2 or 7#b7 the landowner the reasonable use and enjoyment of the landowner's land4 #cce4 ,repeal of superseded law relating to ,oregon and ,california ,railroad ,grant lands 7a7 ,repeal ,except as provided in subsection 7b71 the ,act of ,august #bh1 #aicg 7#dc ,u4,s4,c4 #aaha;a et seq47 is repealed effective on ,october #a of the first fiscal year beginning after the appointment of the ,board of ,trustees4 7b7 ,effect of certain court rulings ,if1 as a result of judicial review authorized by section #cab1 any provision of this subtitle is held to be invalid and implementation of the provision or any activity conducted under the provision is then enjoined1 the ,act of ,august #bh1 #aicg 7#dc ,u4,s4,c4 #aaha;a et seq471 as in effect immediately before its repeal by subsection 7a71 shall be restored to full legal force and effect as if the repeal had not taken effect4 ,b ,coos ,bay ,wagon ,roads #cda4 ,transfer of management authority over certain ,coos ,bay ,wagon ,road ,grant lands to ,coos ,county1 ,oregon 7a7 ,transfer required ,except in the case of the lands described in subsection 7b71 the ,secretary of the ,interior shall transfer management authority over the ,coos ,bay ,wagon ,road ,grant lands reconveyed to the ,united ,states pursuant to the first section of the ,act of ,february #bf1 #aiai 7#dj ,stat4 #aagi71 and the surface resources thereon1 to the ,coos ,county government4 ,the transfer shall be completed not later than one year after the date of the enactment of this ,act4 7b7 ,lands excluded ,the transfer under subsection 7a7 shall not include any of the following ,coos ,bay ,wagon ,road ,grant lands3 7#a7 ,federal lands within the ,national ,landscape ,conservation ,system as of ,january #a1 #bjac4 7#b7 ,federal lands designated as ,areas of ,critical ,environmental ,concern as of ,january #a1 #bjac4 7#c7 ,federal lands that were in the ,national ,wilderness ,preservation ,system as of ,january #a1 #bjac4 7#d7 ,federal lands included in the ,national ,wild and ,scenic ,rivers ,system of ,january #a1 #bjac4 7#e7 ,federal lands within the boundaries of a national monument1 park1 or other developed recreation area as of ,january #a1 #bjac4 7#f7 ,all stands of timber generally older than #abe years old1 as of ,january #a1 #bjaa1 which shall be conclusively determined by reference to the polygon spatial data layer in the electronic data compilation filed by the ,bureau of ,land ,management based on the predominant birth-date attribute1 and the boundaries of such stands shall be conclusively determined for all purposes by the global positioning system coordinates for such stands4 7#g7 ,tribal lands addressed in subtitle ,d4 7c7 ,management 7#a7 ,in general ,coos ,county shall manage the ,coos ,bay ,wagon ,road ,grant lands over which management authority is transferred under subsection 7a7 consistent with section #cad1 and for purposes of applying such section1 ,board of ,trustees shall be deemed to mean ,coos ,county and ,o,c ,trust lands shall be deemed to mean the transferred lands4 7#b7 ,responsibility for management costs ,coos ,county shall be responsible for all management and administrative costs of the ,coos ,bay ,wagon ,road ,grant lands over which management authority is transferred under subsection 7a74 7#c7 ,management contracts ,coos ,county may contract1 if competitively bid1 with one or more public1 private1 or tribal entities1 including 7but not limited to7 the ,coquille ,indian ,tribe1 if such entities are substantially based in ,coos or ,douglas ,counties1 ,oregon1 to manage and administer the lands4 7d7 ,treatment of revenues 7#a7 ,in general ,all revenues generated from the ,coos ,bay ,wagon ,road ,grant lands over which management authority is transferred under subsection 7a7 shall be deposited in the general fund of the ,coos ,county treasury to be used as are other unrestricted county funds4 7#b7 ,treasury ,as soon as practicable after the end of the third fiscal year of the transition period and in each of the subsequent seven fiscal years1 ,coos ,county shall submit a payment of #djj1jjj to the ,united ,states ,treasury4 7#c7 ,douglas county ,beginning with the first fiscal year for which management of the ,coos ,bay ,wagon ,road ,grant lands over which management authority is transferred under subsection 7a7 generates net positive revenues1 and for all subsequent fiscal years1 ,coos ,county shall transmit a payment to the general fund of the ,douglas ,county treasury from the net revenues generated from the lands4 ,the payment shall be made as soon as practicable following the end of each fiscal year and the amount of the payment shall bear the same proportion to total net revenues for the fiscal year as the proportion of the ,coos ,bay ,wagon ,road ,grant lands in ,douglas ,county in relation to all ,coos ,bay ,wagon ,road ,grant lands in ,coos and ,douglas ,counties as of ,january #a1 #bjac4 #cdb4 ,transfer of certain ,coos ,bay ,wagon ,road ,grant lands to ,forest ,service ,the ,secretary of the ,interior shall transfer administrative jurisdiction over the ,coos ,bay ,wagon ,road ,grant lands excluded by paragraphs 7#a7 through 7#f7 of section #cda7;b7 to the ,secretary of ,agriculture for inclusion in the ,national ,forest ,system and administration by the ,forest ,service as provided in section #cbb4 #cdc4 ,land exchange authority ,coos ,county may recommend land exchanges to the ,secretary of ,agriculture and carry out such land exchanges in the manner provided in section #caf4 ,c ,oregon ,treasures #a ,wilderness ,areas #cea4 ,designation of ,devil's ,staircase ,wilderness 7a7 ,designation ,in furtherance of the purposes of the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 the ,federal land in the ,state of ,oregon administered by the ,forest ,service and the ,bureau of ,land ,management1 comprising approximately #cj1ebj acres1 as generally depicted on the map titled ,devil's ,staircase ,wilderness ,proposal1 dated ,october #bf1 #bjji1 are designated as a wilderness area for inclusion in the ,national ,wilderness ,preservation ,system and to be known as the ,devil's ,staircase ,wilderness4 7b7 ,map and ,legal ,description ,as soon as practicable after the date of the enactment of this ,act1 the ,secretary shall file with the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a map and legal description of wilderness area designated by subsection 7a74 ,the map and legal description shall have the same force and effect as if included in this ,act1 except that the ,secretary may correct clerical and typographical errors in the map and description4 ,in the case of any discrepancy between the acreage specified in subsection 7a7 and the map1 the map shall control4 ,the map and legal description shall be on file and available for public inspection in the ,office of the ,chief of the ,forest ,service4 7c7 ,administration 7#a7 ,in general ,subject to valid existing rights1 the ,devil's ,staircase ,wilderness ,area shall be administered by the ,secretaries of ,agriculture and the ,interior1 in accordance with the ,wilderness ,act and the ,oregon ,wilderness ,act of #aihd1 except that1 with respect to the wilderness area1 any reference in the ,wilderness ,act to the effective date of that ,act shall be deemed to be a reference to the date of the enactment of this ,act4 7#b7 ,forest service roads ,as provided in section #d7;d77#a7 of the ,wilderness ,act 7#af ,u4,s4,c4 #aacc7;d77#a771 the ,secretary of ,agriculture shall-- 7,a7 decommission any ,national ,forest ,system road within the wilderness boundaries2 and 7,b7 convert ,forest ,service ,road #dajj within the wilderness boundary to a trail for primitive recreational use4 7d7 ,incorporation of ,acquired ,land and ,interests ,any land within the boundary of the wilderness area designated by this section that is acquired by the ,united ,states shall-- 7#a7 become part of the ,devil's ,staircase ,wilderness ,area2 and 7#b7 be managed in accordance with this section and any other applicable law4 7e7 ,fish and wildlife ,nothing in this section shall be construed as affecting the jurisdiction or responsibilities of the ,state of ,oregon with respect to wildlife and fish in the national forests4 7f7 ,withdrawal ,subject to valid rights in existence on the date of enactment of this ,act1 the ,federal land designated as wilderness area by this section is withdrawn from all forms of-- 7#a7 entry1 appropriation1 or disposal under the public land laws2 7#b7 location1 entry1 and patent under the mining laws2 and 7#c7 disposition under all laws pertaining to mineral and geothermal leasing or mineral materials4 7g7 ,protection of tribal rights ,nothing in this section shall be construed to diminish-- 7#a7 the existing rights of any ,indian tribe2 or 7#b7 tribal rights regarding access to ,federal lands for tribal activities1 including spiritual1 cultural1 and traditional food gathering activities4 #ceb4 ,expansion of ,wild ,rogue ,wilderness ,area 7a7 ,expansion ,in accordance with the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 certain ,federal land managed by the ,bureau of ,land ,management1 comprising approximately #eh1ajj acres1 as generally depicted on the map entitled ,wild ,rogue1 dated ,september #af1 #bjaj1 are hereby included in the ,wild ,rogue ,wilderness1 a component of the ,national ,wilderness ,preservation ,system4 7b7 ,maps and legal descriptions 7#a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary of the ,interior shall file a map and a legal description of the wilderness area designated by this section1 with-- 7,a7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7,b7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7#b7 ,force of law ,the maps and legal descriptions filed under paragraph 7#a7 shall have the same force and effect as if included in this subtitle1 except that the ,secretary may correct typographical errors in the maps and legal descriptions4 7#c7 ,public availability ,each map and legal description filed under paragraph 7#a7 shall be on file and available for public inspection in the appropriate offices of the ,forest ,service4 7c7 ,administration ,subject to valid existing rights1 the area designated as wilderness by this section shall be administered by the ,secretary of ,agriculture in accordance with the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq474 7d7 ,withdrawal ,subject to valid rights in existence on the date of enactment of this ,act1 the ,federal land designated as wilderness by this section is withdrawn from all forms of-- 7#a7 entry1 appropriation1 or disposal under the public land laws2 7#b7 location1 entry1 and patent under the mining laws2 and 7#c7 disposition under all laws pertaining to mineral and geothermal leasing or mineral materials4 #b ,wild and ,scenic ,river ,designated and ,related ,protections #cfa4 ,wild and scenic river designations1 ,molalla ,river 7a7 ,designations ,section #c7;a7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgd7;a77 is amended by adding at the end the following3 77 ,molalla river1 ,oregon ,the following segments in the ,state of ,oregon1 to be administered by the ,secretary of the ,interior as a recreational river3 7,a7 ,the approximately #ae4a-mile segment from the southern boundary line of ,t4 #g ,s41 ,r4 #d ,e41 sec4 #ai1 downstream to the edge of the ,bureau of ,land ,management boundary in ,t4 #f ,s41 ,r4 #c ,e41 sec4 #g4 7,b7 ,the approximately #f4b-mile segment from the easternmost ,bureau of ,land ,management boundary line in the ,,ne#a_/d sec4 #d1 ,t4 #g ,s41 ,r4 #d ,e41 downstream to the confluence with the ,molalla ,river4 4 7b7 ,technical corrections ,section #c7;a77#ajb7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgd7;a77#ajb77 is amended-- 7#a7 in the heading1 by striking ,squaw ,creek and inserting ,whychus ,creek2 7#b7 in the matter preceding subparagraph 7,a71 by striking ,mc,allister ,ditch1 including the ,soap ,fork ,squaw ,creek1 the ,north ,fork1 the ,south ,fork1 the ,east and ,west ,forks of ,park ,creek1 and ,park ,creek ,fork and inserting ,plainview ,ditch1 including the ,soap ,creek1 the ,north and ,south ,forks of ,whychus ,creek1 the ,east and ,west ,forks of ,park ,creek1 and ,park ,creek2 and 7#c7 in subparagraph 7,b71 by striking ,mc,allister ,ditch and inserting ,plainview ,ditch4 #cfb4 ,wild and ,scenic ,rivers ,act technical corrections related to ,chetco ,river ,section #c7;a77#fi7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgd7;a77#fi77 is amended-- 7#a7 by inserting before the ,the #dd4e-mile the following3 7,a7 ,designations 2 7#b7 by redesignating subparagraphs 7,a71 7,b71 and 7,c7 as clauses 7i71 7ii71 and 7iii71 respectively 7and by moving the margins #b ems to the right72 7#c7 in clause 7i71 as redesignated-- 7,a7 by striking #be4e-mile and inserting #bg4e-mile2 and 7,b7 by striking ,boulder ,creek at the ,kalmiopsis ,wilderness boundary and inserting ,mislatnah ,creek2 7#d7 in clause 7ii71 as redesignated-- 7,a7 by striking #h and inserting #g4e2 7,b7 by striking ,boulder ,creek and inserting ,mislatnah ,creek2 and 7,c7 by striking ,steel ,bridge and inserting ,eagle ,creek2 7#e7 in clause 7iii71 as redesignated-- 7,a7 by striking #aa and inserting #i4e2 and 7,b7 by striking ,steel ,bridge and inserting ,eagle ,creek2 and 7#f7 by adding at the end the following3 7,b7 ,withdrawal ,subject to valid rights1 the ,federal land within the boundaries of the river segments designated by subparagraph 7,a71 is withdrawn from all forms of-- 7i7 entry1 appropriation1 or disposal under the public land laws2 7ii7 location1 entry1 and patent under the mining laws2 and 7iii7 disposition under all laws pertaining to mineral and geothermal leasing or mineral materials4 4 #cfc4 ,wild and scenic river designations1 ,wasson ,creek and ,franklin ,creek ,section #c7;a7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgd7;a77 is amended by adding at the end the following3 77 ,franklin ,creek1 ,oregon ,the #d4e-mile segment from the headwaters to the private land boundary in section #h to be administered by the ,secretary of ,agriculture as a wild river4 77 ,wasson ,creek1 ,oregon 7,a7 ,the #d4b-mile segment from the eastern edge of section #ag downstream to the boundary of sections #aa and #ab to be administered by the ,secretary of ,interior as a wild river4 7,b7 ,the #e4i-mile segment downstream from the boundary of sections #aa and #ab to the private land boundary in section #bb to be administered by the ,secretary of ,agriculture as a wild river4 4 #cfd4 ,wild and scenic river designations1 ,rogue ,river area 7a7 ,designations ,section #c7;a77#e7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgd7;a77#e77 7relating to the ,rogue ,river1 ,oregon7 is amended by adding at the end the following3 8,in addition to the segment described in the previous sentence1 the following segments in the ,rogue ,river area are designated3 7,a7 ,kelsey creek ,the approximately #d4h miles of ,kelsey ,creek from east section line of ,t#cb,s1 ,r#i,w1 sec4 #cd1 ,w4,m4 to the confluence with the ,rogue ,river as a wild river4 7,b7 ,east fork kelsey creek ,the approximately #d4f miles of ,east ,fork ,kelsey ,creek from the ,wild ,rogue ,wilderness boundary in ,t#cc,s1 ,r#h,w1 sec4 #e1 ,w4,m4 to the confluence with ,kelsey ,creek as a wild river4 7,c7 ,whisky creek 7i7 ,the approximately #j4f miles of ,whisky ,creek from the confluence of the ,east ,fork and ,west ,fork to #j4a miles downstream from road #cc-h-bc as a recreational river4 7ii7 ,the approximately #a4i miles of ,whisky ,creek from #j4a miles downstream from road #cc-h-bc to the confluence with the ,rogue ,river as a wild river4 7,d7 ,east fork whisky creek 7i7 ,the approximately #b4h miles of ,east ,fork ,whisky ,creek from the ,wild ,rogue ,wilderness boundary in ,t#cc,s1 ,r#h,w1 sec4 #aa1 ,w4,m4 to #j4a miles downstream of road #cc-h-bf crossing as a wild river4 7ii7 ,the approximately 4#c miles of ,east ,fork ,whisky ,creek from #j4a miles downstream of road #cc-h-bf to the confluence with ,whisky ,creek as a recreational river4 7,e7 ,west fork whisky creek ,the approximately #d4h miles of ,west ,fork ,whisky ,creek from its headwaters to the confluence with ,whisky ,creek as a wild river4 7,f7 ,big windy creek 7i7 ,the approximately #a4e miles of ,big ,windy ,creek from its headwaters to #j4a miles downstream from road #cd-i-ag4a as a scenic river4 7ii7 ,the approximately #e4h miles of ,big ,windy ,creek from #j4a miles downstream from road #cd-i-ag4a to the confluence with the ,rogue ,river as a wild river4 7,g7 ,east fork big windy creek 7i7 ,the approximately #j4b miles of ,east ,fork ,big ,windy ,creek from its headwaters to #j4a miles downstream from road #cd-h-cf as a scenic river4 7ii7 ,the approximately #c4g miles of ,east ,fork ,big ,windy ,creek from #j4a miles downstream from road #cd-h-cf to the confluence with ,big ,windy ,creek as a wild river4 7,h7 ,little windy creek ,the approximately #a4i miles of ,little ,windy ,creek from #j4a miles downstream of road #cd-h-cf to the confluence with the ,rogue ,river as a wild river4 7,i7 ,howard creek 7i7 ,the approximately #j4c miles of ,howard ,creek from its headwaters to #j4a miles downstream of road #cd-i-cd as a scenic river4 7ii7 ,the approximately #f4i miles of ,howard ,creek from #j4a miles downstream of road #cd-i-cd to the confluence with the ,rogue ,river as a wild river4 7,j7 ,mule creek ,the approximately #f4c miles of ,mule ,creek from east section line of ,t#cb,s1 ,r#aj,w1 sec4 #be1 ,w4,m4 to the confluence with the ,rogue ,river as a wild river4 7,k7 ,anna creek ,the approximately #c4e-mile section of ,anna ,creek from its headwaters to the confluence with ,howard ,creek as a wild river4 7,l7 ,missouri creek ,the approximately #a4f miles of ,missouri ,creek from the ,wild ,rogue ,wilderness boundary in ,t#cc,s1 ,r#aj,w1 sec4 #bd1 ,w4,m4 to the confluence with the ,rogue ,river as a wild river4 7,m7 ,jenny creek ,the approximately #a4h miles of ,jenny ,creek from the ,wild ,rogue ,wilderness boundary in ,t#cc,s1 ,r#i,w1 sec4 #bh1 ,w4,m4 to the confluence with the ,rogue ,river as a wild river4 7,n7 ,rum creek ,the approximately #b4b miles of ,rum ,creek from the ,wild ,rogue ,wilderness boundary in ,t#cd,s1 ,r#h,w1 sec4 #i1 ,w4,m4 to the confluence with the ,rogue ,river as a wild river4 7,o7 ,east fork rum creek ,the approximately #a4e miles of ,east ,rum ,creek from the ,wild ,rogue ,wilderness boundary in ,t#cd,s1 ,r#h,w1 sec4 #aj1 ,w4,m4 to the confluence with ,rum ,creek as a wild river4 7,p7 ,wildcat creek ,the approximately #a4g-mile section of ,wildcat ,creek from its headwaters downstream to the confluence with the ,rogue ,river as a wild river4 7,q7 ,montgomery creek ,the approximately #a4h-mile section of ,montgomery ,creek from its headwaters downstream to the confluence with the ,rogue ,river as a wild river4 7,r7 ,hewitt creek ,the approximately #a4b miles of ,hewitt ,creek from the ,wild ,rogue ,wilderness boundary in ,t#cc,s1 ,r#i,w1 sec4 #ai1 ,w4,m4 to the confluence with the ,rogue ,river as a wild river4 7,s7 ,bunker creek ,the approximately #f4f miles of ,bunker ,creek from its headwaters to the confluence with the ,rogue ,river as a wild river4 7,t7 ,dulog creek 7i7 ,the approximately #j4h miles of ,dulog ,creek from its headwaters to #j4a miles downstream of road #cd-h-cf as a scenic river4 7ii7 ,the approximately #a4j miles of ,dulog ,creek from #j4a miles downstream of road #cd-h-cf to the confluence with the ,rogue ,river as a wild river4 7,u7 ,quail creek ,the approximately #a4g miles of ,quail ,creek from the ,wild ,rogue ,wilderness boundary in ,t#cc,s1 ,r#aj,w1 sec4 #a1 ,w4,m4 to the confluence with the ,rogue ,river as a wild river4 7,v7 ,meadow creek ,the approximately #d4a miles of ,meadow ,creek from its headwaters to the confluence with the ,rogue ,river as a wild river4 7,w7 ,russian creek ,the approximately #b4e miles of ,russian ,creek from the ,wild ,rogue ,wilderness boundary in ,t#cc,s1 ,r#h,w1 sec4 #bj1 ,w4,m4 to the confluence with the ,rogue ,river as a wild river4 7,x7 ,alder creek ,the approximately #a4b miles of ,alder ,creek from its headwaters to the confluence with the ,rogue ,river as a wild river4 7,y7 ,booze creek ,the approximately #a4e miles of ,booze ,creek from its headwaters to the confluence with the ,rogue ,river as a wild river4 7,z7 ,bronco creek ,the approximately #a4h miles of ,bronco ,creek from its headwaters to the confluence with the ,rogue ,river as a wild river4 7,,aa7 ,copsey creek ,the approximately #a4e miles of ,copsey ,creek from its headwaters to the confluence with the ,rogue ,river as a wild river4 7,,bb7 ,corral creek ,the approximately #j4e miles of ,corral ,creek from its headwaters to the confluence with the ,rogue ,river as a wild river4 7,,cc7 ,cowley creek ,the approximately #j4i miles of ,cowley ,creek from its headwaters to the confluence with the ,rogue ,river as a wild river4 7,,dd7 ,ditch creek ,the approximately #a4h miles of ,ditch ,creek from the ,wild ,rogue ,wilderness boundary in ,t#cc,s1 ,r#i,w1 sec4 #e1 ,w4,m4 to its confluence with the ,rogue ,river as a wild river4 7,,ee7 ,francis creek ,the approximately #j4i miles of ,francis ,creek from its headwaters to the confluence with the ,rogue ,river as a wild river4 7,,ff7 ,long gulch ,the approximately #a4a miles of ,long ,gulch from the ,wild ,rogue ,wilderness boundary in ,t#cc,s1 ,r#aj,w1 sec4 #bc1 ,w4,m4 to the confluence with the ,rogue ,river as a wild river4 7,,gg7 ,bailey creek ,the approximately #a4g miles of ,bailey ,creek from the west section line of ,t#cd,s1 ,r#h,w1 sec4 #ad1 ,w4,m4 to the confluence of the ,rogue ,river as a wild river4 7,,hh7 ,shady creek ,the approximately #j4g miles of ,shady ,creek from its headwaters to the confluence with the ,rogue ,river as a wild river4 7,,ii7 ,slide creek 7i7 ,the approximately #j4e-mile section of ,slide ,creek from its headwaters to #j4a miles downstream from road #cc-i-f as a scenic river4 7ii7 ,the approximately #j4g-mile section of ,slide ,creek from #j4a miles downstream of road #cc-i-f to the confluence with the ,rogue ,river as a wild river4 4 7b7 ,management ,all wild1 scenic1 and recreation classified segments designated by the amendment made by subsection 7a7 shall be managed as part of the ,rogue ,wild and ,scenic ,river4 7c7 ,withdrawal ,subject to valid rights1 the ,federal land within the boundaries of the river segments designated by the amendment made by subsection 7a7 is withdrawn from all forms of-- 7#a7 entry1 appropriation1 or disposal under the public land laws2 7#b7 location1 entry1 and patent under the mining laws2 and 7#c7 disposition under all laws pertaining to mineral and geothermal leasing or mineral materials4 #cfe4 ,additional protections for ,rogue ,river tributaries 7a7 ,withdrawal ,subject to valid rights1 the ,federal land within a quarter-mile on each side of the streams listed in subsection 7b7 is withdrawn from all forms of-- 7#a7 entry1 appropriation1 or disposal under the public land laws2 7#b7 location1 entry1 and patent under the mining laws2 and 7#c7 disposition under all laws pertaining to mineral and geothermal leasing or mineral materials4 7b7 ,stream segments ,subsection 7a7 applies the following tributaries of the ,rogue ,river3 7#a7 ,kelsey creek ,the approximately #d4e miles of ,kelsey ,creek from its headwaters to the east section line of #cb,s #i,w sec4 #cd4 7#b7 ,east fork kelsey creek ,the approximately 4#b miles of ,east ,fork ,kelsey ,creek from its headwaters to the ,wild ,rogue ,wilderness boundary in #cc,s #h,w sec4 #e4 7#c7 ,east fork whisky creek ,the approximately 4#g miles of ,east ,fork ,whisky ,creek from its headwaters to the ,wild ,rogue ,wilderness boundary in #cc,s #h,w section #aa4 7#d7 ,little windy creek ,the approximately #a4b miles of ,little ,windy ,creek from its headwaters to west section line of #cc,s #i,w sec4 #cd4 7#e7 ,mule creek ,the approximately #e4a miles of ,mule ,creek from its headwaters to east section line of #cb,s #aj,w sec4 #be4 7#f7 ,missouri creek ,the approximately #c4a miles of ,missouri ,creek from its headwaters to the ,wild ,rogue ,wilderness boundary in #cc,s #aj,w sec4 #bd4 7#g7 ,jenny creek ,the approximately #c4a miles of ,jenny ,creek from its headwaters to the ,wild ,rogue ,wilderness boundary in #cc,s #i,w sec4 #bh4 7#h7 ,rum creek ,the approximately #b4b miles of ,rum ,creek from its headwaters to the ,wild ,rogue ,wilderness boundary in #cd,s #h,w sec4 #i4 7#i7 ,east fork rum creek ,the approximately 4#e miles of ,east ,fork ,rum ,creek from its headwaters to the ,wild ,rogue ,wilderness boundary in #cd,s #h,w sec4 #aj4 7#aj7 ,hewitt creek ,the approximately #a4d miles of ,hewitt ,creek from its headwaters to the ,wild ,rogue ,wilderness boundary in #cc,s #i,w sec4 #ai4 7#aa7 ,quail creek ,the approximately 4#h miles of ,quail ,creek from its headwaters to the ,wild ,rogue ,wilderness boundary in #cc,s #aj,w sec4 #a4 7#ab7 ,russian creek ,the approximately 4#a miles of ,russian ,creek from its headwaters to the ,wild ,rogue ,wilderness boundary in #cc,s #h,w sec4 #bj4 7#ac7 ,ditch creek ,the approximately 4#g miles of ,ditch ,creek from its headwaters to the ,wild ,rogue ,wilderness boundary in #cc,s #i,w sec4 #e4 7#ad7 ,long gulch ,the approximately #a4d miles of ,long ,gulch from its headwaters to the ,wild ,rogue ,wilderness boundary in #cc,s #aj,w sec4 #bc4 7#ae7 ,bailey creek ,the approximately #a4d miles of ,bailey ,creek from its headwaters to west section line of #cd,s #h,w sec4 #ad4 7#af7 ,quartz creek ,the approximately #c4c miles of ,quartz ,creek from its headwaters to its confluence with the ,north ,fork ,galice ,creek4 7#ag7 ,north fork galice creek ,the approximately #e4g miles of the ,north ,fork ,galice ,creek from its headwaters to its confluence with ,galice ,creek4 7#ah7 ,grave creek ,the approximately #aj4b mile section of ,grave ,creek from the confluence of ,wolf ,creek downstream to the confluence with the ,rogue ,river4 7#ai7 ,centennial gulch ,the approximately #b4b miles of ,centennial ,gulch from its headwaters to its confluence with the ,rogue ,river4 #c ,additional ,protections #cga4 ,limitations on land acquisition 7a7 ,prohibition on use of condemnation ,the ,secretary of the ,interior or the ,secretary of ,agriculture may not acquire by condemnation any land or interest within the boundaries of the river segments or wilderness designated by this subtitle4 7b7 ,landowner consent required ,private or non-,federal public property shall not be included within the boundaries of the river segments or wilderness designated by this subtitle unless the owner of the property has consented in writing to having that property included in such boundaries4 #cgb4 ,overflights 7a7 ,in general ,nothing in this subtitle or the ,wilderness ,act shall preclude low-level overflights and operations of military aircraft1 helicopters1 missiles1 or unmanned aerial vehicles over the wilderness designated by this subtitle1 including military overflights and operations that can be seen or heard within the wilderness4 7b7 ,special use airspace and training routes ,nothing in this subtitle or the ,wilderness ,act shall preclude the designation of new units of special use airspace1 the expansion of existing units of special use airspace1 or the use or establishment of military training routes over wilderness designated by this subtitle4 #cgc4 ,buffer zones ,nothing in this subtitle-- 7#a7 establishes or authorizes the establishment of a protective perimeter or buffer zone around the boundaries of the river segments or wilderness designated by this subtitle2 or 7#b7 precludes1 limits1 or restricts an activity from being conducted outside such boundaries1 including an activity that can be seen or heard from within such boundaries4 #cgd4 ,prevention of wildfires ,the designation of a river segment or wilderness by this subtitle or the withdrawal of the ,federal land under this subtitle shall not be construed to interfere with the authority of the ,secretary of the ,interior or the ,secretary of ,agriculture to authorize mechanical thinning of trees or underbrush to prevent or control the spread of wildfires1 or conditions creating the risk of wildfire that threatens areas outside the boundary of the wilderness1 or the use of mechanized equipment for wildfire pre-suppression and suppression4 #cge4 ,limitation on designation of certain lands in ,oregon ,a national monument designation under the ,act of ,june #h1 #aijf 7commonly known as the ,antiquities ,act2 #af ,u4,s4,c4 #dca et seq47 within or on any portion of the ,oregon and ,california ,railroad ,grant ,lands or the ,o,c ,region ,public ,domain lands1 regardless of whether management authority over the lands are transferred to the ,o,c ,trust pursuant to section #caa7;c77#a71 the lands are excluded from the ,o,c ,trust pursuant to section #caa7;c77#b71 or the lands are transferred to the ,forest ,service under section #cba1 shall only be made pursuant to ,congressional approval in an ,act of ,congress4 #d ,effective ,date #cha4 ,effective date 7a7 ,in general ,this subtitle and the amendments made by this subtitle shall take effect on ,october #a of the second fiscal year of the transition period4 7b7 ,exception ,if1 as a result of judicial review authorized by section #cab1 any provision of subtitle ,a is held to be invalid and implementation of the provision or any activity conducted under the provision is enjoined1 this subtitle and the amendments made by this subtitle shall not take effect1 or if the effective date specified in subsection 7a7 has already occurred1 this subtitle shall have no force and effect and the amendments made by this subtitle are repealed4 ,d ,tribal ,trust ,lands #a ,council ,creek ,land ,conveyance #cia4 ,definitions ,in this part3 7#a7 ,council creek land ,the term ,council ,creek land means the approximately #ag1eai acres of land1 as generally depicted on the map entitled ,canyon ,mountain ,land ,conveyance and dated ,june #bg1 #bjac4 7#b7 ,tribe ,the term ,tribe means the ,cow ,creek ,band of ,umpqua ,tribe of ,indians4 #cib4 ,conveyance 7a7 ,in general ,subject to valid existing rights1 including rights-of-way1 all right1 title1 and interest of the ,united ,states in and to the ,council ,creek land1 including any improvements located on the land1 appurtenances to the land1 and minerals on or in the land1 including oil and gas1 shall be-- 7#a7 held in trust by the ,united ,states for the benefit of the ,tribe2 and 7#b7 part of the reservation of the ,tribe4 7b7 ,survey ,not later than one year after the date of enactment of this ,act1 the ,secretary of the ,interior shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection 7a74 #cic4 ,map and legal description 7a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary of the ,interior shall file a map and legal description of the ,council ,creek land with-- 7#a7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7#b7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7b7 ,force and effect ,the map and legal description filed under subsection 7a7 shall have the same force and effect as if included in this ,act1 except that the ,secretary of the ,interior may correct any clerical or typographical errors in the map or legal description4 7c7 ,public availability ,the map and legal description filed under subsection 7a7 shall be on file and available for public inspection in the ,office of the ,secretary of the ,interior4 #cid4 ,administration 7a7 ,in general ,unless expressly provided in this part1 nothing in this part affects any right or claim of the ,tribe existing on the date of enactment of this ,act to any land or interest in land4 7b7 ,prohibitions 7#a7 ,exports of unprocessed logs ,federal law 7including regulations7 relating to the export of unprocessed logs harvested from ,federal land shall apply to any unprocessed logs that are harvested from the ,council ,creek land4 7#b7 ,non-permissible use of land ,any real property taken into trust under section #cib shall not be eligible1 or used1 for any gaming activity carried out under ,public ,law #ajj-dig 7#be ,u4,s4,c4 #bgja et seq474 7c7 ,forest management ,any forest management activity that is carried out on the ,council ,creek land shall be managed in accordance with all applicable ,federal laws4 #b ,oregon ,coastal ,land ,conveyance #cie4 ,definitions ,in this part3 7#a7 ,oregon coastal land ,the term ,oregon ,coastal land means the approximately #ad1hjd acres of land1 as generally depicted on the map entitled ,oregon ,coastal ,land ,conveyance and dated ,march #e1 #bjac4 7#b7 ,confederated tribes ,the term ,confederated ,tribes means the ,confederated ,tribes of ,coos1 ,lower ,umpqua1 and ,siuslaw ,indians4 #cif4 ,conveyance 7a7 ,in general ,subject to valid existing rights1 including rights-of-way1 all right1 title1 and interest of the ,united ,states in and to the ,oregon ,coastal land1 including any improvements located on the land1 appurtenances to the land1 and minerals on or in the land1 including oil and gas1 shall be-- 7#a7 held in trust by the ,united ,states for the benefit of the ,confederated ,tribes2 and 7#b7 part of the reservation of the ,confederated ,tribes4 7b7 ,survey ,not later than one year after the date of enactment of this ,act1 the ,secretary of the ,interior shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection 7a74 #cig4 ,map and legal description 7a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary of the ,interior shall file a map and legal description of the ,oregon ,coastal land with-- 7#a7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7#b7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7b7 ,force and effect ,the map and legal description filed under subsection 7a7 shall have the same force and effect as if included in this ,act1 except that the ,secretary of the ,interior may correct any clerical or typographical errors in the map or legal description4 7c7 ,public availability ,the map and legal description filed under subsection 7a7 shall be on file and available for public inspection in the ,office of the ,secretary of the ,interior4 #cih4 ,administration 7a7 ,in general ,unless expressly provided in this part1 nothing in this part affects any right or claim of the ,consolidated ,tribes existing on the date of enactment of this ,act to any land or interest in land4 7b7 ,prohibitions 7#a7 ,exports of unprocessed logs ,federal law 7including regulations7 relating to the export of unprocessed logs harvested from ,federal land shall apply to any unprocessed logs that are harvested from the ,oregon ,coastal land4 7#b7 ,non-permissible use of land ,any real property taken into trust under section #cif shall not be eligible1 or used1 for any gaming activity carried out under ,public ,law #ajj-dig 7#be ,u4,s4,c4 #bgja et seq474 7c7 ,forest management ,any forest management activity that is carried out on the ,oregon ,coastal land shall be managed in accordance with all applicable ,federal laws4 ,,iv ,community ,forest ,management ,demonstration #dja4 ,purpose and definitions 7a7 ,purpose ,the purpose of this title is to generate dependable economic activity for counties and local governments by establishing a demonstration program for local1 sustainable forest management4 7b7 ,definitions ,in this title3 7#a7 ,advisory committee ,the term ,advisory ,committee means the ,advisory ,committee appointed by the ,governor of a ,state for the community forest demonstration area established for the ,state4 7#b7 ,community forest demonstration area ,the term community forest demonstration area means a community forest demonstration area established for a ,state under section #djb4 7#c7 ,national forest system ,the term ,national ,forest ,system has the meaning given that term in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a771 except that the term does not include the ,national ,grasslands and land utilization projects designated as ,national ,grasslands administered pursuant to the ,act of ,july #bb1 #aicg 7#g ,u4,s4,c4 #ajaj-ajab74 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture or the designee of the ,secretary of ,agriculture4 7#e7 ,state ,the term ,state includes the ,commonwealth of ,puerto ,rico4 #djb4 ,establishment of community forest demonstration areas 7a7 ,establishment required2 time for establishment ,subject to subsection 7c7 and not later than one year after the date of the enactment of this ,act1 the ,secretary of ,agriculture shall establish a community forest demonstration area at the request of the ,advisory ,committee appointed to manage community forest demonstration area land in that ,state4 7b7 ,covered land 7#a7 ,inclusion of national forest system land ,the community forest demonstration areas of a ,state shall consist of the ,national ,forest ,system land in the ,state identified for inclusion by the ,advisory ,committee of that ,state4 7#b7 ,exclusion of certain land ,a community forest demonstration area shall not include ,national ,forest ,system land-- 7,a7 that is a component of the ,national ,wilderness ,preservation ,system2 7,b7 on which the removal of vegetation is specifically prohibited by ,federal statute2 7,c7 ,national ,monuments2 or 7,d7 over which administration jurisdiction was first assumed by the ,forest ,service under title ,,iii4 7c7 ,conditions on establishment 7#a7 ,acreage requirement ,a community forest demonstration area must include at least #bjj1jjj acres of ,national ,forest ,system land4 ,if the unit of the ,national ,forest ,system in which a community forest demonstration area is being established contains more than #e1jjj1jjj acres1 the community forest demonstration area may include #ijj1jjj or more acres of ,national ,forest ,system land4 7#b7 ,management law or best management practices requirement ,a community forest demonstration area may be established in a ,state only if the ,state-- 7,a7 has a forest practices law applicable to ,state or privately owned forest land in the ,state2 or 7,b7 has established silvicultural best management practices or other regulations for forest management practices related to clean water1 soil quality1 wildlife or forest health4 7#c7 ,revenue sharing requirement ,as a condition of the inclusion in a community forest demonstration area of ,national ,forest ,system land located in a particular county in a ,state1 the county must enter into an agreement with the ,governor of the ,state that requires that1 in utilizing revenues received by the county under section #djf7;b71 the county shall continue to meet any obligations under applicable ,state law as provided under title ,i of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gaaa et seq47 or as provided in the sixth paragraph under the heading ,,forest ,,service in the ,act of ,may #bc1 #aijh 7#af ,u4,s4,c4 #ejj7 and section #ac of the ,act of ,march #a1 #aiaa 7#af ,u4,s4,c4 #ejj74 7d7 ,treatment under certain other laws ,national ,forest ,system land included in a community forest demonstration area shall not be considered ,federal land for purposes of-- 7#a7 making payments to counties under the sixth paragraph under the heading ,,forest ,,service in the ,act of ,may #bc1 #aijh 7#af ,u4,s4,c4 #ejj7 and section #ac of the ,act of ,march #a1 #aiaa 7#af ,u4,s4,c4 #ejj72 or 7#b7 title ,i4 7e7 ,acreage limitation ,not more than a total of #d1jjj1jjj acres of ,national ,forest ,system land may be established as community forest demonstration areas4 7f7 ,recognition of valid and existing rights ,nothing in this title shall be construed to limit or restrict-- 7#a7 access to ,national ,forest ,system land included in a community forest demonstration area for hunting1 fishing1 and other related purposes2 or 7#b7 valid and existing rights regarding such ,national ,forest ,system land1 including rights of any federally recognized ,indian tribe4 #djc4 ,advisory committee 7a7 ,appointment ,a community forest demonstration area for a ,state shall be managed by an ,advisory ,committee appointed by the ,governor of the ,state4 7b7 ,composition ,the ,advisory ,committee for a community forest demonstration area in a ,state shall include1 but is not limited to1 the following members3 7#a7 ,one member who holds county or local elected office1 appointed from each county or local governmental unit in the ,state containing community forest demonstration area land4 7#b7 ,one member who represents the commercial timber1 wood products1 or milling industry4 7#c7 ,one member who represents persons holding ,federal grazing or other land use permits4 7#d7 ,one member who represents recreational users of ,national ,forest ,system land4 7c7 ,terms 7#a7 ,in general ,except in the case of certain initial appointments required by paragraph 7#b71 members of an ,advisory ,committee shall serve for a term of three years4 7#b7 ,initial appointments ,in making initial appointments to an ,advisory ,committee1 the ,governor making the appointments shall stagger terms so that at least one-third of the members will be replaced every three years4 7d7 ,compensation ,members of a ,advisory ,committee shall serve without pay1 but may be reimbursed from the funds made available for the management of a community forest demonstration area for the actual and necessary travel and subsistence expenses incurred by members in the performance of their duties4 #djd4 ,management of community forest demonstration areas 7a7 ,assumption of management 7#a7 ,confirmation ,the ,advisory ,committee appointed for a community forest demonstration area shall assume all management authority with regard to the community forest demonstration area as soon as the ,secretary confirms that-- 7,a7 the ,national ,forest ,system land to be included in the community forest demonstration area meets the requirements of subsections 7b7 and 7c7 of section #djb2 7,b7 the ,advisory ,committee has been duly appointed under section #djc and is able to conduct business2 and 7,c7 provision has been made for essential management services for the community forest demonstration area4 7#b7 ,scope and time for confirmation ,the determination of the ,secretary under paragraph 7#a7 is limited to confirming whether the conditions specified in subparagraphs 7,a7 and 7,b7 of such paragraph have been satisfied4 ,the ,secretary shall make the determination not later than #fj days after the date of the appointment of the ,advisory ,committee4 7#c7 ,effect of failure to confirm ,if the ,secretary determines that either or both conditions specified in subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 are not satisfied for confirmation of an ,advisory ,committee1 the ,secretary shall-- 7,a7 promptly notify the ,governor of the affected ,state and the ,advisory ,committee of the reasons preventing confirmation2 and 7,b7 make a new determination under paragraph 7#b7 within #fj days after receiving a new request from the ,advisory ,committee that addresses the reasons that previously prevented confirmation4 7b7 ,management responsibilities ,upon assumption of management of a community forest demonstration area1 the ,advisory ,committee for the community forest demonstration area shall manage the land and resources of the community forest demonstration area and the occupancy and use thereof in conformity with this title1 and to the extent not in conflict with this title1 the laws and regulations applicable to management of ,state or privately-owned forest lands in the ,state in which the community forest demonstration area is located4 7c7 ,applicability of other federal laws 7#a7 ,in general ,the administration and management of a community forest demonstration area1 including implementing actions1 shall not be considered ,federal action and shall be subject to the following only to the extent that such laws apply to the ,state or private administration and management of forest lands in the ,state in which the community forest demonstration area is located3 7,a7 ,the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea note74 7,b7 ,the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq474 7,c7 ,the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7,d7 ,federal laws and regulations governing procurement by ,federal agencies4 7,e7 ,except as provided in paragraph 7#b71 other ,federal laws4 7#b7 ,applicability of ,native ,american ,graves ,protection and ,repatriation ,act ,notwithstanding the assumption by an ,advisory ,committee of management of a community forest demonstration area1 the ,native ,american ,graves ,protection and ,repatriation ,act 7#be ,u4,s4,c4 #cjja et seq47 shall continue to apply to the ,national ,forest ,system land included in the community forest demonstration area4 7d7 ,consultation 7#a7 ,with indian tribes ,the ,advisory ,committee for a community forest demonstration area shall cooperate and consult with ,indian tribes on management policies and practices for the community forest demonstration area that may affect the ,indian tribes4 ,the ,advisory ,committee shall take into consideration the use of lands within the community forest demonstration area for religious and cultural uses by ,native ,americans4 7#b7 ,with collaborative groups ,the ,advisory ,committee for a community forest demonstration area shall consult with any applicable forest collaborative group4 7e7 ,recreation ,nothing in this section shall affect public use and recreation within a community forest demonstration area4 7f7 ,fire management ,the ,secretary shall provide fire presuppression1 suppression1 and rehabilitation services on and with respect to a community forest demonstration area to the same extent generally authorized in other units of the ,national ,forest ,system4 7g7 ,prohibition on export ,as a condition on the sale of timber or other forest products from a community forest demonstration area1 unprocessed timber harvested from a community forest demonstration area may not be exported in accordance with subpart ,f of part #bbc of title #cf1 ,code of ,federal ,regulations4 #dje4 ,distribution of funds from community forest demonstration area 7a7 ,retention of ,funds for ,management ,the ,advisory ,committee appointed for a community forest demonstration area may retain such sums as the ,advisory ,committee considers to be necessary from amounts generated from that community forest demonstration area to fund the management1 administration1 restoration1 operation and maintenance1 improvement1 repair1 and related expenses incurred with respect to the community forest demonstration area4 7b7 ,funds to ,counties or ,local ,governmental ,units ,subject to subsection 7a7 and section #djg1 the ,advisory ,committee for a community forest demonstration area in a ,state shall distribute funds generated from that community forest demonstration area to each county or local governmental unit in the ,state in an amount proportional to the funds received by the county or local governmental unit under title ,i of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gaaa et seq474 #djf4 ,initial funding authority 7a7 ,funding source ,counties may use such sum as the counties consider to be necessary from the amounts made available to the counties under section #eja to provide initial funding for the management of community forest demonstration areas4 7b7 ,no restriction on use of non-,federal funds ,nothing in this title restricts the ,advisory ,committee of a community forest demonstration area from seeking non-,federal loans or other non-,federal funds for management of the community forest demonstration area4 #djg4 ,payments to ,united ,states ,treasury 7a7 ,payment requirement ,as soon as practicable after the end of the fiscal year in which a community forest demonstration area is established and as soon as practicable after the end of each subsequent fiscal year1 the ,advisory ,committee for a community forest demonstration area shall make a payment to the ,united ,states ,treasury4 7b7 ,payment amount ,the payment for a fiscal year under subsection 7a7 with respect to a community forest demonstration area shall be equal to #ge percent of the quotient obtained by dividing-- 7#a7 the number obtained by multiplying the number of acres of land in the community forest demonstration area by the average annual receipts generated over the preceding #aj-;fiscal year period from the unit or units of the ,national ,forest ,system containing that community forest demonstration area2 by 7#b7 the total acres of ,national ,forest ,system land in that unit or units of the ,national ,forest ,system4 #djh4 ,termination of community forest demonstration area 7a7 ,termination authority ,subject to approval by the ,governor of the ,state1 the ,advisory ,committee for a community forest demonstration area may terminate the community forest demonstration area by a unanimous vote4 7b7 ,effect of termination ,upon termination of a community forest demonstration area1 the ,secretary shall immediately resume management of the ,national ,forest ,system land that had been included in the community forest demonstration area1 and the ,advisory ,committee shall be dissolved4 7c7 ,treatment of undistributed funds ,any revenues from the terminated area that remain undistributed under section #dje more than #cj days after the date of termination shall be deposited in the general fund of the ,treasury for use by the ,forest ,service in such amounts as may be provided in advance in appropriation ,acts4 ,v ,reauthorization and ,amendment of ,existing ,authorities and ,other ,matters #eja4 ,extension of ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj pending full operation of ,forest ,reserve ,revenue ,areas 7a7 ,beneficiary counties ,during the month of ,february #bjae1 the ,secretary of ,agriculture shall distribute to each beneficiary county 7as defined in section #ajb7b77 a payment equal to the amount distributed to the beneficiary county for fiscal year #bjaj under section #ajb7;c77#a7 of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gaab7;c77#a774 7b7 ,counties that were eligible for direct county payments 7#a7 ,total amount available for payments ,during the month of ,february #bjae1 the ,secretary of the ,interior shall distribute to all counties that received a payment for fiscal year #bjaj under subsection 7a77#b7 of section #ajb of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gaab7 payments in a total amount equal to the difference between-- 7,a7 the total amount distributed to all such counties for fiscal year #bjaj under subsection 7c77#a7 of such section2 and 7,b7 #bg1jjj1jjj4 7#b7 ,county share ,from the total amount determined under paragraph 7#a71 each county described in such paragraph shall receive1 during the month of ,february #bjae1 an amount that bears the same proportion to the total amount made available under such paragraph as that county's payment for fiscal year #bjaj under subsection 7c77#a7 of section #ajb of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gaab7 bears to the total amount distributed to all such counties for fiscal year #bjaj under such subsection4 7c7 ,effect on #be-percent and #ej-percent payments ,a county that receives a payment made under subsection 7a7 or 7b7 may not receive a #be-percent payment or #ej-percent payment 7as those terms are defined in section #c of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gajb77 for fiscal year #bjae4 #ejb4 ,restoring original calculation method for #be-percent payments 7a7 ,amendment of ,act of may #bc1 #aijh ,the sixth paragraph under the heading ,,forest ,,service in the ,act of ,may #bc1 #aijh 7#af ,u4,s4,c4 #ejj7 is amended in the first sentence-- 7#a7 by striking the annual average of #be percent of all amounts received for the applicable fiscal year and each of the preceding #f fiscal years and inserting #be percent of all amounts received for the applicable fiscal year2 7#b7 by striking said reserve both places it appears and inserting the national forest2 and 7#c7 by striking forest reserve both places it appears and inserting national forest4 7b7 ,conforming amendment to weeks law ,section #ac of the ,act of ,march #a1 #aiaa 7commonly known as the ,weeks ,law2 #af ,u4,s4,c4 #ejj7 is amended in the first sentence by striking the annual average of #be percent of all amounts received for the applicable fiscal year and each of the preceding #f fiscal years and inserting #be percent of all amounts received for the applicable fiscal year4 #ejc4 ,forest ,service and ,bureau of ,land ,management good-neighbor cooperation with ,states to reduce wildfire risks 7a7 ,definitions ,in this section3 7#a7 ,eligible ,state ,the term eligible ,state means a ,state that contains ,national ,forest ,system land or land under the jurisdiction of the ,bureau of ,land ,management4 7#b7 ,secretary ,the term ,secretary means-- 7,a7 the ,secretary of ,agriculture1 with respect to ,national ,forest ,system land2 or 7,b7 the ,secretary of the ,interior1 with respect to land under the jurisdiction of the ,bureau of ,land ,management4 7#c7 ,state forester ,the term ,state forester means the head of a ,state agency with jurisdiction over ,state forestry programs in an eligible ,state4 7b7 ,cooperative agreements and contracts authorized ,the ,secretary may enter into a cooperative agreement or contract 7including a sole source contract7 with a ,state forester to authorize the ,state forester to provide the forest1 rangeland1 and watershed restoration1 management1 and protection services described in subsection 7c7 on ,national ,forest ,system land or land under the jurisdiction of the ,bureau of ,land ,management1 as applicable1 in the eligible ,state4 7c7 ,authorized services ,the forest1 rangeland1 and watershed restoration1 management1 and protection services referred to in subsection 7b7 include the conduct of-- 7#a7 activities to treat insect infected forests2 7#b7 activities to reduce hazardous fuels2 7#c7 activities involving commercial harvesting or other mechanical vegetative treatments2 or 7#d7 any other activities to restore or improve forest1 rangeland1 and watershed health1 including fish and wildlife habitat4 7d7 ,state as agent ,except as provided in subsection 7g71 a cooperative agreement or contract entered into under subsection 7b7 may authorize the ,state forester to serve as the agent for the ,secretary in providing the restoration1 management1 and protection services authorized under subsection 7b74 7e7 ,subcontracts ,in accordance with applicable contract procedures for the eligible ,state1 a ,state forester may enter into subcontracts to provide the restoration1 management1 and protection services authorized under a cooperative agreement or contract entered into under subsection 7b74 7f7 ,timber sales ,subsections 7d7 and 7g7 of section #ad of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a7 shall not apply to services performed under a cooperative agreement or contract entered into under subsection 7b74 7g7 ,retention of ,,nepa responsibilities ,any decision required to be made under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to any restoration1 management1 or protection services to be provided under this section by a ,state forester on ,national ,forest ,system land or ,bureau of ,land ,management land1 as applicable1 shall not be delegated to a ,state forester or any other officer or employee of the eligible ,state4 7h7 ,applicable law ,the restoration1 management1 and protection services to be provided under this section shall be carried out on a project-to-project basis under existing authorities of the ,forest ,service or ,bureau of ,land ,management1 as applicable4 #ejd4 ,stewardship end result contracting project authority 7a7 ,extension of authority ,effective ,october #a1 #bjad1 section #cdg7;a7 of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #aiii 7as contained in section #aja7;e7 of division ,a of ,public ,law #aje-bgg2 #af ,u4,s4,c4 #bajd note7 is amended by striking #bjac and inserting #bjag4 7b7 ,duration of contracts ,section #cdg7;c77#b7 of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #aiii 7as contained in section #aja7;e7 of division ,a of ,public ,law #aje-bgg2 #af ,u4,s4,c4 #bajd note7 is amended by striking #aj years and inserting #bj years4 7c7 ,cancellation ceiling ,section #cdg7;c7 of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #aiii 7as contained in section #aja7;e7 of division ,a of ,public ,law #aje-bgg2 #af ,u4,s4,c4 #bajd note7 is amended-- 7#a7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#f7 and 7#g71 respectively2 and 7#b7 by inserting after paragraph 7#c7 the following new paragraph 7#d73 7#d7 ,cancellation ceiling 7,a7 ,authority ,the ,chief of the ,forest ,service and the ,director of the ,bureau of ,land ,management may obligate funds to cover any potential cancellation or termination costs for an agreement or contract under subsection 7a7 in stages that are economically or programmatically viable4 7,b7 ,notice to congress ,not later than #cj days before entering into a multiyear agreement or contract under subsection 7a7 that includes a cancellation ceiling in excess of #be1jjj1jjj1 but does not include proposed funding for the costs of cancelling the agreement or contract up to the cancellation ceiling established in the agreement or contract1 the ,chief or the ,director1 as the case may be1 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 written notice that includes-- 7i7 the cancellation ceiling amounts proposed for each program year in the agreement or contract and the reasons for such cancellation ceiling amounts2 7ii7 the extent to which the costs of contract cancellation are not included in the budget for the agreement or contract2 and 7iii7 an assessment of the financial risk of not including budgeting for the costs of agreement or contract cancellation4 7,c7 ,notice to ,,omb ,at least #ad days before the date on which the ,chief or ,director enters into an agreement or contract under subsection 7a71 the ,chief or ,director shall transmit to the ,director of the ,office of ,management and ,budget a copy of any written notice submitted under subparagraph 7,b7 with regard to such agreement or contract4 4 7d7 ,fire liability ,section #cdg7;c7 of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #aiii 7as contained in section #aja7;e7 of division ,a of ,public ,law #aje-bgg2 #af ,u4,s4,c4 #bajd note7 is amended by inserting after paragraph 7#d71 as added by subsection 7c7 of this section1 the following new paragraph3 7#e7 ,fire liability provisions ,not later than #ij days after the date of enactment of this paragraph1 the ,chief of the ,forest ,service and the ,director of the ,bureau of ,land ,management shall issue1 for use in all contracts and agreements under subsection 7a71 fire liability provisions that are in substantially the same form as the fire liability provisions contained in-- 7,a7 integrated resource timber contracts1 as described in the ,forest ,service contract numbered #bdjj-ac1 part ,h1 section ,h4#d2 and 7,b7 timber sale contracts conducted pursuant to section #ad of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a74 4 #eje4 ,clarification of ,national ,forest ,management ,act of #aigf authority ,section #ad7;g7 of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a7g77 is amended by striking ,designation1 marking when necessary1 and inserting ,designation1 including marking when necessary1 or designation by description or by prescription14 #ejf4 ,treatment as supplemental funding ,none of the funds made available to a beneficiary county 7as defined in section #ajb7b77 or other political subdivision of a ,state under this ,act shall be used in lieu of or to otherwise offset ,state funding sources for local schools1 facilities1 or educational purposes4 #ejg4 ,exception of certain forest projects and activities from ,appeals ,reform ,act and other review ,section #cbb of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #aiic 7,public ,law #ajb-cha2 #af ,u4,s4,c4 #afab note7 and section #dbh of ,division ,e of the ,consolidated ,appropriations ,act1 #bjab 7,public ,law #aab-gd2 #abe ,stat4 #ajdf2 #af ,u4,s4,c4 #feae note7 shall not apply to any project or activity implementing a land and resource management plan developed under section #f of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd7 that is categorically excluded from documentation in an environmental assessment or an environmental impact statement under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 #ejh4 ,definition of fire suppression to include certain related activities ,for purposes of utilizing amounts made available to the ,secretary of ,agriculture or the ,secretary of the ,interior for fire suppression activities1 including funds made available from the ,,flame ,fund1 the term fire suppression includes reforestation1 site rehabilitation1 salvage operations1 and replanting occurring following fire damage on lands under the jurisdiction of the ,secretary concerned or following fire suppression efforts on such lands by the ,secretary concerned4 #eji4 ,prohibition on certain actions regarding ,forest ,service roads and trails ,the ,forest ,service shall not remove or otherwise eliminate or obliterate any legally created road or trail unless there has been a specific decision1 which included adequate and appropriate public involvement1 to decommission the specific road or trail in question4 ,the fact that any road or trail is a not a ,forest ,system road or trail1 or does not appear on a ,motor ,vehicle ,use ,map1 shall not constitute a decision4 ,passed the ,house of ,representatives ,september #bj1 #bjac4;,clerk4