,,ii ,calendar ,no4 #eig #aacth ,,congress #b;d ,session ,h4 ,r4 #d ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ab1 #bjad,received2 read the first time ,november #ac1 #bjad,read the second time and placed on the calendar ,,an ,,act ,to make revisions to ,federal law to improve the conditions necessary for economic growth and job creation1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,jobs for ,america ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,sec4 #c4 ,,paygo scorecard4 ,division ,i--,ways and ,means ,title ,i--,save ,american ,workers ,sec4 #aja4 ,short title4 ,sec4 #ajb4 ,repeal of #cj-;hour threshold for classification as full-time employee for purposes of the employer mandate in the ,patient ,protection and ,affordable ,care ,act and replacement with #dj hours4 ,title ,,ii--,hire ,more ,heroes ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,employees with health coverage under ,,tricare or the ,veterans ,administration may be exempted from employer mandate under ,patient ,protection and ,affordable ,care ,act4 ,title ,,iii--,american ,research and ,competitiveness ,sec4 #cja4 ,short title4 ,sec4 #cjb4 ,research credit simplified and made permanent4 ,sec4 #cjc4 ,,paygo ,scorecard4 ,title ,,iv--,america's ,small ,business ,tax ,relief ,sec4 #dja4 ,short title4 ,sec4 #djb4 ,expensing certain depreciable business assets for small business4 ,sec4 #djc4 ,budgetary effects4 ,title ,v--,s ,corporation ,permanent ,tax ,relief ,sec4 #eja4 ,short title4 ,sec4 #ejb4 ,reduced recognition period for built-in gains of ,s corporations made permanent4 ,sec4 #ejc4 ,permanent rule regarding basis adjustment to stock of ,s corporations making charitable contributions of property4 ,sec4 #ejd4 ,budgetary effects4 ,title ,,vi--,bonus depreciation modified and made permanent ,sec4 #fja4 ,bonus depreciation modified and made permanent4 ,sec4 #fjb4 ,budgetary effects4 ,title ,,vii--,repeal of medical device excise tax ,sec4 #gja4 ,repeal of medical device excise tax4 ,sec4 #gjb4 ,budgetary effects4 ,division ,,ii--,financial ,services ,title ,i--,small ,business ,capital ,access and ,job ,preservation ,sec4 #aja4 ,short title4 ,sec4 #ajb4 ,registration and reporting exemptions relating to private equity funds advisors4 ,title ,,ii--,small ,business ,mergers1 ,acquisitions1 ,sales1 and ,brokerage ,simplification ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,registration exemption for merger and acquisition brokers4 ,sec4 #bjc4 ,effective date4 ,division ,,iii--,oversight ,subdivision ,a--,unfunded ,mandates ,information and ,transparency ,sec4 #aja4 ,short title4 ,sec4 #ajb4 ,purpose4 ,sec4 #ajc4 ,providing for ,congressional ,budget ,office studies on policies involving changes in conditions of grant aid4 ,sec4 #ajd4 ,clarifying the definition of direct costs to reflect ,congressional ,budget ,office practice4 ,sec4 #aje4 ,expanding the scope of reporting requirements to include regulations imposed by independent regulatory agencies4 ,sec4 #ajf4 ,amendments to replace ,office of ,management and ,budget with ,office of ,information and ,regulatory ,affairs4 ,sec4 #ajg4 ,applying substantive point of order to private sector mandates4 ,sec4 #ajh4 ,regulatory process and principles4 ,sec4 #aji4 ,expanding the scope of statements to accompany significant regulatory actions4 ,sec4 #aaj4 ,enhanced stakeholder consultation4 ,sec4 #aaa4 ,new authorities and responsibilities for ,office of ,information and ,regulatory ,affairs4 ,sec4 #aab4 ,retrospective analysis of existing ,federal regulations4 ,sec4 #aac4 ,expansion of judicial review4 ,subdivision ,b--,achieving ,less ,excess in ,regulation and ,requiring ,transparency ,sec4 #ajj4 ,short title2 table of contents4 ,title ,i--,all ,economic ,regulations are ,transparent ,act ,sec4 #aja4 ,short title4 ,sec4 #ajb4 ,office of ,information and ,regulatory ,affairs publication of information relating to rules4 ,title ,,ii--,regulatory ,accountability ,act ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,definitions4 ,sec4 #bjc4 ,rule making4 ,sec4 #bjd4 ,agency guidance2 procedures to issue major guidance2 presidential authority to issue guidelines for issuance of guidance4 ,sec4 #bje4 ,hearings2 presiding employees2 powers and duties2 burden of proof2 evidence2 record as basis of decision4 ,sec4 #bjf4 ,actions reviewable4 ,sec4 #bjg4 ,scope of review4 ,sec4 #bjh4 ,added definition4 ,sec4 #bji4 ,effective date4 ,title ,,iii--,regulatory ,flexibility ,improvements ,act ,sec4 #cja4 ,short title4 ,sec4 #cjb4 ,clarification and expansion of rules covered by the ,regulatory ,flexibility ,act4 ,sec4 #cjc4 ,expansion of report of regulatory agenda4 ,sec4 #cjd4 ,requirements providing for more detailed analyses4 ,sec4 #cje4 ,repeal of waiver and delay authority2 additional powers of the ,chief ,counsel for ,advocacy4 ,sec4 #cjf4 ,procedures for gathering comments4 ,sec4 #cjg4 ,periodic review of rules4 ,sec4 #cjh4 ,judicial review of compliance with the requirements of the ,regulatory ,flexibility ,act available after publication of the final rule4 ,sec4 #cji4 ,jurisdiction of court of appeals over rules implementing the ,regulatory ,flexibility ,act4 ,sec4 #caj4 ,establishment and approval of small business concern size standards by ,chief ,counsel for ,advocacy4 ,sec4 #caa4 ,clerical amendments4 ,sec4 #cab4 ,agency preparation of guides4 ,sec4 #cac4 ,comptroller ,general report4 ,title ,,iv--,sunshine for ,regulatory ,decrees and ,settlements ,act ,sec4 #dja4 ,short title4 ,sec4 #djb4 ,definitions4 ,sec4 #djc4 ,consent decree and settlement reform4 ,sec4 #djd4 ,motions to modify consent decrees4 ,sec4 #dje4 ,effective date4 ,division ,,iv--,judiciary ,title ,i--,regulations ,from the ,executive in ,need of ,scrutiny ,sec4 #aja4 ,short title4 ,sec4 #ajb4 ,purpose4 ,sec4 #ajc4 ,congressional review of agency rulemaking4 ,sec4 #ajd4 ,budgetary effects of rules subject to section #hjb of title #e1 ,united ,states ,code4 ,sec4 #aje4 ,government ,accountability ,office study of rules4 ,title ,,ii--,permanent ,internet ,tax ,freedom ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,permanent moratorium on ,internet access taxes and multiple and discriminatory taxes on electronic commerce4 ,division ,v--,natural ,resources ,subdivision ,a--,restoring ,healthy ,forests for ,healthy ,communities ,sec4 #ajj4 ,short title4 ,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 ,treatment as supplemental funding4 ,sec4 #eje4 ,definition of fire suppression to include certain related activities4 ,sec4 #ejf4 ,prohibition on certain actions regarding ,forest ,service roads and trails4 ,subdivision ,b--,national ,strategic and ,critical ,minerals ,production ,sec4 #ajj4 ,short title4 ,sec4 #ajj;,a4 ,findings4 ,sec4 #ajj;,b4 ,definitions4 ,title ,i--,development of ,domestic ,sources of ,strategic and ,critical ,minerals ,sec4 #aja4 ,improving development of strategic and critical minerals4 ,sec4 #ajb4 ,responsibilities of the lead agency4 ,sec4 #ajc4 ,conservation of the resource4 ,sec4 #ajd4 ,federal register process for mineral exploration and mining projects4 ,title ,,ii--,judicial review of agency actions relating to ,exploration and ,mine ,permits ,sec4 #bja4 ,definitions for title4 ,sec4 #bjb4 ,timely filings4 ,sec4 #bjc4 ,right to intervene4 ,sec4 #bjd4 ,expedition in hearing and determining the action4 ,sec4 #bje4 ,limitation on prospective relief4 ,sec4 #bjf4 ,limitation on attorneys' fees4 ,title ,,iii--,miscellaneous ,provisions ,sec4 #cja4 ,secretarial order not affected4 #c4 ,,paygo scorecard ,the budgetary effects of this ,act shall not be entered on either ,,paygo scorecard maintained pursuant to section #d7;d7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj4 ,i ,ways and ,means ,i ,save ,american ,workers #aja4 ,short title ,this title may be cited as the ,save ,american ,workers ,act of #bjad4 #ajb4 ,repeal of #cj-;hour threshold for classification as full-time employee for purposes of the employer mandate in the ,patient ,protection and ,affordable ,care ,act and replacement with #dj hours 7a7 ,full-,time equivalents ,paragraph 7#b7 of section #dihj;,h7c7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by repealing subparagraph 7,e71 and 7#b7 by inserting after subparagraph 7,d7 the following new subparagraph3 7,e7 ,full-time equivalents treated as full-time employees ,solely for purposes of determining whether an employer is an applicable large employer under this paragraph1 an employer shall1 in addition to the number of full-time employees for any month otherwise determined1 include for such month a number of full-time employees determined by dividing the aggregate number of hours of service of employees who are not full-time employees for the month by #agd4 4 7b7 ,full-,time employees ,paragraph 7#d7 of section #dihj;,h7c7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by repealing subparagraph 7,a71 and 7#b7 by inserting before subparagraph 7,b7 the following new subparagraph3 7,a7 ,in general ,the term full-time employee means1 with respect to any month1 an employee who is employed on average at least #dj hours of service per week4 4 7c7 ,effective date ,the amendments made by this section shall apply to months beginning after ,december #ca1 #bjac4 ,,ii ,hire ,more ,heroes #bja4 ,short title ,this title may be cited as the ,hire ,more ,heroes ,act of #bjad4 #bjb4 ,employees with health coverage under ,,tricare or the ,veterans ,administration may be exempted from employer mandate under ,patient ,protection and ,affordable ,care ,act 7a7 ,in general ,section #dihj;,h7c77#b7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following3 7,f7 ,exemption for health coverage under ,,tricare or the ,veterans ,administration ,solely for purposes of determining whether an employer is an applicable large employer under this paragraph for any month1 an employer may elect not to take into account for a month as an employee any individual who1 for such month1 has medical coverage under-- 7i7 chapter #ee of title #aj1 ,united ,states ,code1 including coverage under the ,,tricare program1 or 7ii7 under a health care program under chapter #ag or #ah of title #ch1 ,united ,states ,code1 as determined by the ,secretary of ,veterans ,affairs1 in coordination with the ,secretary of ,health and ,human ,services and the ,secretary4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply to months beginning after ,december #ca1 #bjac4 ,,iii ,american ,research and ,competitiveness #cja4 ,short title ,this title may be cited as the ,american ,research and ,competitiveness ,act of #bjad4 #cjb4 ,research credit simplified and made permanent 7a7 ,in general ,subsection 7a7 of section #da of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7a7 ,in general ,for purposes of section #ch1 the research credit determined under this section for the taxable year shall be an amount equal to the sum of-- 7#a7 #bj percent of so much of the qualified research expenses for the taxable year as exceeds #ej percent of the average qualified research expenses for the #c taxable years preceding the taxable year for which the credit is being determined1 7#b7 #bj percent of so much of the basic research payments for the taxable year as exceeds #ej percent of the average basic research payments for the #c taxable years preceding the taxable year for which the credit is being determined1 plus 7#c7 #bj percent of the amounts paid or incurred by the taxpayer in carrying on any trade or business of the taxpayer during the taxable year 7including as contributions7 to an energy research consortium for energy research4 4 7b7 ,repeal of termination ,section #da of such ,code is amended by striking subsection 7h74 7c7 ,conforming amendments 7#a7 ,subsection 7c7 of section #da of such ,code is amended to read as follows3 7c7 ,determination of average research expenses for prior years 7#a7 ,special rule in case of no qualified research expenditures in any of #c preceding taxable years ,in any case in which the taxpayer has no qualified research expenses in any one of the #c taxable years preceding the taxable year for which the credit is being determined1 the amount determined under subsection 7a77#a7 for such taxable year shall be equal to #aj percent of the qualified research expenses for the taxable year4 7#b7 ,consistent treatment of expenses 7,a7 ,in general ,notwithstanding whether the period for filing a claim for credit or refund has expired for any taxable year taken into account in determining the average qualified research expenses1 or average basic research payments1 taken into account under subsection 7a71 the qualified research expenses and basic research payments taken into account in determining such averages shall be determined on a basis consistent with the determination of qualified research expenses and basic research payments1 respectively1 for the credit year4 7,b7 ,prevention of distortions ,the ,secretary may prescribe regulations to prevent distortions in calculating a taxpayer's qualified research expenses or basic research payments caused by a change in accounting methods used by such taxpayer between the current year and a year taken into account in determining the average qualified research expenses or average basic research payments taken into account under subsection 7a74 4 7#b7 ,section #da7;e7 of such ,code is amended-- 7,a7 by striking all that precedes paragraph 7#f7 and inserting the following3 7e7 ,basic research payments ,for purposes of this section-- 7#a7 ,in general ,the term basic research payment means1 with respect to any taxable year1 any amount paid in cash during such taxable year by a corporation to any qualified organization for basic research but only if-- 7,a7 such payment is pursuant to a written agreement between such corporation and such qualified organization1 and 7,b7 such basic research is to be performed by such qualified organization4 7#b7 ,exception to requirement that research be performed by the organization ,in the case of a qualified organization described in subparagraph 7,c7 or 7,d7 of paragraph 7#c71 subparagraph 7,b7 of paragraph 7#a7 shall not apply4 1 7,b7 by redesignating paragraphs 7#f7 and 7#g7 as paragraphs 7#c7 and 7#d71 respectively1 and 7,c7 in paragraph 7#d7 as so redesignated1 by striking subparagraphs 7,b7 and 7,c7 and by redesignating subparagraphs 7,d7 and 7,e7 as subparagraphs 7,b7 and 7,c71 respectively4 7#c7 ,section #da7;f77#c7 of such ,code is amended-- 7,a7 7i7 by striking 1 and the gross receipts in subparagraph 7,a77i7 and all that follows through determined under clause 7iii71 7ii7 by striking clause 7iii7 of subparagraph 7,a7 and redesignating clauses 7iv71 7v71 and 7vi71 thereof1 as clauses 7iii71 7iv71 and 7v71 respectively1 7iii7 by striking and 7iv7 each place it appears in subparagraph 7,a77iv7 7as so redesignated7 and inserting and 7iii71 7iv7 by striking subclause 7,,iv7 of subparagraph 7,a77iv7 7as so redesignated71 by striking 1 and at the end of subparagraph 7,a77iv77,,iii7 7as so redesignated7 and inserting a period1 and by adding and at the end of subparagraph 7,a77iv77,,ii7 7as so redesignated71 7v7 by striking 7,a77vi7 in subparagraph 7,b7 and inserting 7,a77v71 and 7vi7 by striking 7,a77iv77,,ii7 in subparagraph 7,b77i77,,ii7 and inserting 7,a77iii77,,ii71 7,b7 by striking 1 and the gross receipts of the predecessor1 in subparagraph 7,a77iv77,,ii7 7as so redesignated71 7,c7 by striking 1 and the gross receipts of1 in subparagraph 7,b71 7,d7 by striking 1 or gross receipts of1 in subparagraph 7,b77i77,i71 and 7,e7 by striking subparagraph 7,c74 7#d7 ,section #de;,c7b77#a7 of such ,code is amended by striking subparagraph 7,d74 7d7 ,effective date 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjac4 7#b7 ,subsection 7b7 ,the amendment made by subsection 7b7 shall apply to amounts paid or incurred after ,december #ca1 #bjac4 #cjc4 ,,paygo ,scorecard 7a7 ,paygo ,scorecard ,the budgetary effects of this title shall not be entered on either ,,paygo scorecard maintained pursuant to section #d7;d7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj4 7b7 ,senate ,paygo ,scorecard ,the budgetary effects of this title shall not be entered on any ,,paygo scorecard maintained for purposes of section #bja of ,s4 ,con4 ,res4 #ba 7#aajth ,congress74 ,,iv ,america's ,small ,business ,tax ,relief #dja4 ,short title ,this title may be cited as the ,america's ,small ,business ,tax ,relief ,act of #bjad4 #djb4 ,expensing certain depreciable business assets for small business 7a7 ,in general 7#a7 ,dollar limitation ,paragraph 7#a7 of section #agi7;b7 of the ,internal ,revenue ,code of #aihf is amended by striking shall not exceed-- and all that follows and inserting shall not exceed #ejj1jjj44 7#b7 ,reduction in limitation ,paragraph 7#b7 of section #agi7;b7 of such ,code is amended by striking exceeds-- and all that follows and inserting exceeds #b1jjj1jjj44 7b7 ,computer software ,clause 7ii7 of section #agi7;d77#a77;,a7 of such ,code is amended by striking 1 to which section #afg applies1 and which is placed in service in a taxable year beginning after #bjjb and before #bjad and inserting and to which section #afg applies4 7c7 ,election ,paragraph 7#b7 of section #agi7;c7 of such ,code is amended-- 7#a7 by striking may not be revoked and all that follows through and before #bjad1 and 7#b7 by striking irrevocable in the heading thereof4 7d7 ,air conditioning and heating units ,paragraph 7#a7 of section #agi7;d7 of such ,code is amended by striking and shall not include air conditioning or heating units4 7e7 ,qualified real property ,subsection 7f7 of section #agi of such ,code is amended-- 7#a7 by striking beginning in #bjaj1 #bjaa1 #bjab1 or #bjac in paragraph 7#a71 and 7#b7 by striking paragraphs 7#c7 and 7#d74 7f7 ,inflation adjustment ,subsection 7b7 of section #agi of such ,code is amended by adding at the end the following new paragraph3 7#f7 ,inflation adjustment 7,a7 ,in general ,in the case of any taxable year beginning after #bjad1 the dollar amounts in paragraphs 7#a7 and 7#b7 shall each be increased by an amount equal to-- 7i7 such dollar amount1 multiplied by 7ii7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year in which such taxable year begins1 determined by substituting calendar year #bjac for calendar year #aiib in subparagraph 7,b7 thereof4 7,b7 ,rounding ,the amount of any increase under subparagraph 7,a7 shall be rounded to the nearest multiple of #aj1jjj4 4 7g7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjac4 #djc4 ,budgetary effects 7a7 ,statutory ,pay-,as-,you-,go ,scorecards ,the budgetary effects of this title shall not be entered on either ,,paygo scorecard maintained pursuant to section #d7;d7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj4 7b7 ,senate ,,paygo ,scorecards ,the budgetary effects of this title shall not be entered on any ,,paygo scorecard maintained for purposes of section #bja of ,s4 ,con4 ,res4 #ba 7#aajth ,congress74 ,v ,s ,corporation ,permanent ,tax ,relief #eja4 ,short title ,this title may be cited as the ,s ,corporation ,permanent ,tax ,relief ,act of #bjad4 #ejb4 ,reduced recognition period for built-in gains of ,s corporations made permanent 7a7 ,in general ,paragraph 7#g7 of section #acgd7;d7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7#g7 ,recognition period 7,a7 ,in general ,the term recognition period means the #e-year period beginning with the #ast day of the #ast taxable year for which the corporation was an ,s corporation4 ,for purposes of applying this section to any amount includible in income by reason of distributions to shareholders pursuant to section #eic7;e71 the preceding sentence shall be applied without regard to the phrase #e-year4 7,b7 ,installment sales ,if an ,s corporation sells an asset and reports the income from the sale using the installment method under section #dec1 the treatment of all payments received shall be governed by the provisions of this paragraph applicable to the taxable year in which such sale was made4 4 7b7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after ,december #ca1 #bjac4 #ejc4 ,permanent rule regarding basis adjustment to stock of ,s corporations making charitable contributions of property 7a7 ,in general ,section #acfg7;a77#b7 of the ,internal ,revenue ,code of #aihf is amended by striking the last sentence4 7b7 ,effective date ,the amendment made by this section shall apply to contributions made in taxable years beginning after ,december #ca1 #bjac4 #ejd4 ,budgetary effects 7a7 ,statutory ,pay-,as-,you-,go ,scorecards ,the budgetary effects of this title shall not be entered on either ,,paygo scorecard maintained pursuant to section #d7;d7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj4 7b7 ,senate ,,paygo ,scorecards ,the budgetary effects of this title shall not be entered on any ,,paygo scorecard maintained for purposes of section #bja of ,s4 ,con4 ,res4 #ba 7#aajth ,congress74 ,,vi ,bonus depreciation modified and made permanent #fja4 ,bonus depreciation modified and made permanent 7a7 ,made permanent2 inclusion of qualified retail improvement property ,section #afh7k77#b7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7#b7 ,qualified property ,for purposes of this subsection-- 7,a7 ,in general ,the term qualified property means property-- 7i7 7,i7 to which this section applies which has a recovery period of #bj years or less1 7,,ii7 which is computer software 7as defined in section #afg7;f77#a77;,b77 for which a deduction is allowable under section #afg7;a7 without regard to this subsection1 7,,iii7 which is water utility property1 7,,iv7 which is qualified leasehold improvement property1 or 7,v7 which is qualified retail improvement property1 and 7ii7 the original use of which commences with the taxpayer4 7,b7 ,exception for alternative depreciation property ,the term qualified property shall not include any property to which the alternative depreciation system under subsection 7g7 applies1 determined-- 7i7 without regard to paragraph 7#g7 of subsection 7g7 7relating to election to have system apply71 and 7ii7 after application of section #bhj;,f7b7 7relating to listed property with limited business use74 7,c7 ,special rules 7i7 ,sale-leasebacks ,for purposes of clause 7ii7 and subparagraph 7,a77ii71 if property is-- 7,i7 originally placed in service by a person1 and 7,,ii7 sold and leased back by such person within #c months after the date such property was originally placed in service1 such property shall be treated as originally placed in service not earlier than the date on which such property is used under the leaseback referred to in subclause 7,,ii74 7ii7 ,syndication ,for purposes of subparagraph 7,a77ii71 if-- 7,i7 property is originally placed in service by the lessor of such property1 7,,ii7 such property is sold by such lessor or any subsequent purchaser within #c months after the date such property was originally placed in service 7or1 in the case of multiple units of property subject to the same lease1 within #c months after the date the final unit is placed in service1 so long as the period between the time the first unit is placed in service and the time the last unit is placed in service does not exceed #ab months71 and 7,,iii7 the user of such property after the last sale during such #c-month period remains the same as when such property was originally placed in service1 such property shall be treated as originally placed in service not earlier than the date of such last sale4 7,d7 ,coordination with section #bhj;,f ,for purposes of section #bhj;,f-- 7i7 ,automobiles ,in the case of a passenger automobile 7as defined in section #bhj;,f7d77#e77 which is qualified property1 the ,secretary shall increase the limitation under section #bhj;,f7a77#a77;,a77i7 by #h1jjj4 7ii7 ,listed property ,the deduction allowable under paragraph 7#a7 shall be taken into account in computing any recapture amount under section #bhj;,f7b77#b74 7iii7 ,inflation adjustment ,in the case of any taxable year beginning in a calendar year after #bjad1 the #h1jjj amount in clause 7i7 shall be increased by an amount equal to-- 7,i7 such dollar amount1 multiplied by 7,,ii7 the automobile price inflation adjustment determined under section #bhj;,f7d77#g77;,b77i7 for the calendar year in which such taxable year begins by substituting #bjac for #aihg in subclause 7,,ii7 thereof4 ,if any increase under the preceding sentence is not a multiple of #ajj1 such increase shall be rounded to the nearest multiple of #ajj4 7,e7 ,deduction allowed in computing minimum tax ,for purposes of determining alternative minimum taxable income under section #ee1 the deduction under section #afg for qualified property shall be determined without regard to any adjustment under section #ef4 4 7b7 ,expansion of election to accelerate amt credits in lieu of bonus depreciation ,section #afh7k77#d7 of such ,code is amended to read as follows3 7#d7 ,election to accelerate amt credits in lieu of bonus depreciation 7,a7 ,in general ,if a corporation elects to have this paragraph apply for any taxable year-- 7i7 paragraphs 7#a77;,a71 7#b77;,d77i71 and 7#e77;,a77i7 shall not apply for such taxable year1 7ii7 the applicable depreciation method used under this section with respect to any qualified property shall be the straight line method1 and 7iii7 the limitation imposed by section #ec7;c7 for such taxable year shall be increased by the bonus depreciation amount which is determined for such taxable year under subparagraph 7,b74 7,b7 ,bonus depreciation amount ,for purposes of this paragraph-- 7i7 ,in general ,the bonus depreciation amount for any taxable year is an amount equal to #bj percent of the excess 7if any7 of-- 7,i7 the aggregate amount of depreciation which would be allowed under this section for qualified property placed in service by the taxpayer during such taxable year if paragraph 7#a7 applied to all such property1 over 7,,ii7 the aggregate amount of depreciation which would be allowed under this section for qualified property placed in service by the taxpayer during such taxable year if paragraph 7#a7 did not apply to any such property4 ,the aggregate amounts determined under subclauses 7,i7 and 7,,ii7 shall be determined without regard to any election made under subsection 7b77#b77;,d71 7b77#c77;,d71 or 7g77#g7 and without regard to subparagraph 7,a77ii74 7ii7 ,limitation ,the bonus depreciation amount for any taxable year shall not exceed the lesser of-- 7,i7 #ej percent of the minimum tax credit under section #ec7;b7 for the first taxable year ending after ,december #ca1 #bjac1 or 7,,ii7 the minimum tax credit under section #ec7;b7 for such taxable year determined by taking into account only the adjusted net minimum tax for taxable years ending before ,january #a1 #bjad 7determined by treating credits as allowed on a first-in1 first-out basis74 7iii7 ,aggregation rule ,all corporations which are treated as a single employer under section #eb7;a7 shall be treated-- 7,i7 as #a taxpayer for purposes of this paragraph1 and 7,,ii7 as having elected the application of this paragraph if any such corporation so elects4 7,c7 ,credit refundable ,for purposes of section #fdja7;b71 the aggregate increase in the credits allowable under part ,,iv of subchapter ,a for any taxable year resulting from the application of this paragraph shall be treated as allowed under subpart ,c of such part 7and not any other subpart74 7,d7 ,other rules 7i7 ,election ,any election under this paragraph may be revoked only with the consent of the ,secretary4 7ii7 ,partnerships with electing partners ,in the case of a corporation which is a partner in a partnership and which makes an election under subparagraph 7,a7 for the taxable year1 for purposes of determining such corporation's distributive share of partnership items under section #gjb for such taxable year-- 7,i7 paragraphs 7#a77;,a71 7#b77;,d77i71 and 7#e77;,a77i7 shall not apply1 and 7,,ii7 the applicable depreciation method used under this section with respect to any qualified property shall be the straight line method4 7iii7 ,certain partnerships ,in the case of a partnership in which more than #ej percent of the capital and profits interests are owned 7directly or indirectly7 at all times during the taxable year by #a corporation 7or by corporations treated as #a taxpayer under subparagraph 7,b77iii771 each partner shall compute its bonus depreciation amount under clause 7i7 of subparagraph 7,b7 by taking into account its distributive share of the amounts determined by the partnership under subclauses 7,i7 and 7,,ii7 of such clause for the taxable year of the partnership ending with or within the taxable year of the partner4 4 7c7 ,special rules for trees and vines bearing fruits and nuts ,section #afh7k7 of such ,code is amended-- 7#a7 by striking paragraph 7#e71 and 7#b7 by inserting after paragraph 7#d7 the following new paragraph3 7#e7 ,special rules for trees and vines bearing fruits and nuts 7,a7 ,in general ,in the case of any tree or vine bearing fruits or nuts which is planted1 or is grafted to a plant that has already been planted1 by the taxpayer in the ordinary course of the taxpayer's farming business 7as defined in section #bfc;,a7e77#d77-- 7i7 a depreciation deduction equal to #ej percent of the adjusted basis of such tree or vine shall be allowed under section #afg7;a7 for the taxable year in which such tree or vine is so planted or grafted1 and 7ii7 the adjusted basis of such tree or vine shall be reduced by the amount of such deduction4 7,b7 ,election out ,if a taxpayer makes an election under this subparagraph for any taxable year1 this paragraph shall not apply to any tree or vine planted or grafted during such taxable year4 ,an election under this subparagraph may be revoked only with the consent of the ,secretary4 7,c7 ,additional depreciation may be claimed only once ,if this paragraph applies to any tree or vine1 such tree or vine shall not be treated as qualified property in the taxable year in which placed in service4 7,d7 ,coordination with election to accelerate ,,amt credits ,if a corporation makes an election under paragraph 7#d7 for any taxable year1 the amount under paragraph 7#d77;,b77i77,i7 for such taxable year shall be increased by the amount determined under subparagraph 7,a77i7 for such taxable year4 7,e7 ,deduction allowed in computing minimum tax ,rules similar to the rules of paragraph 7#b77;,e7 shall apply for purposes of this paragraph4 4 7d7 ,conforming amendments 7#a7 ,section #afh7;e77#h7 of such ,code is amended by striking subparagraph 7,d74 7#b7 ,section #afh7k7 of such ,code is amended by adding at the end the following new paragraph3 7#f7 ,election out ,if a taxpayer makes an election under this paragraph with respect to any class of property for any taxable year1 this subsection shall not apply to all property in such class placed in service 7or1 in the case of paragraph 7#e71 planted or grafted7 during such taxable year4 ,an election under this paragraph may be revoked only with the consent of the ,secretary4 4 7#c7 ,section #afh7l77#e7 of such ,code is amended by striking section #afh7k77#b77;,g7 and inserting section #afh7k77#b77;,e74 7#d7 ,section #bfc;,a7c7 of such ,code is amended by adding at the end the following new paragraph3 7#g7 ,coordination with section #afh7k77#e7 ,this section shall not apply to any amount allowable as a deduction by reason of section #afh7k77#e7 7relating to special rules for trees and vines bearing fruits and nuts74 4 7#e7 ,section #dfj7;c77#f77;,b7 of such ,code is amended by striking which-- and all that follows and inserting which has a recovery period of #g years or less44 7#f7 ,section #afh7k7 of such ,code is amended by striking acquired after ,december #ca1 #bjjg1 and before ,january #a1 #bjad in the heading thereof4 7e7 ,effective dates 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall apply to property placed in service after ,december #ca1 #bjac4 7#b7 ,expansion of election to accelerate amt credits in lieu of bonus depreciation 7,a7 ,in general ,the amendment made by subsection 7b7 7other than so much of such amendment as relates to section #afh7k77#d77;,d77iii7 of such ,code1 as added by such amendment7 shall apply to taxable years ending after ,december #ca1 #bjac4 7,b7 ,transitional rule ,in the case of a taxable year beginning before ,january #a1 #bjad1 and ending after ,december #ca1 #bjac1 the bonus depreciation amount determined under section #afh7k77#d7 of such ,code for such year shall be the sum of-- 7i7 such amount determined without regard to the amendments made by this section and-- 7,i7 by taking into account only property placed in service before ,january #a1 #bjad1 and 7,,ii7 by multiplying the limitation under section #afh7k77#d77;,c77ii7 of such ,code 7determined without regard to the amendments made by this section7 by a fraction the numerator of which is the number of days in the taxable year before ,january #a1 #bjad1 and the denominator of which is the number of days in the taxable year1 and 7ii7 such amount determined after taking into account the amendments made by this section and-- 7,i7 by taking into account only property placed in service after ,december #ca1 #bjac1 and 7,,ii7 by multiplying the limitation under section #afh7k77#d77;,b77ii7 of such ,code 7as amended by this section7 by a fraction the numerator of which is the number of days in the taxable year after ,december #ca1 #bjac1 and the denominator of which is the number of days in the taxable year4 7#c7 ,special rules for certain trees and vines ,the amendment made by subsection 7c77#b7 shall apply to trees and vines planted or grafted after ,december #ca1 #bjac4 #fjb4 ,budgetary effects 7a7 ,statutory ,pay-,as-,you-,go ,scorecards ,the budgetary effects of this title shall not be entered on either ,,paygo scorecard maintained pursuant to section #d7;d7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj4 7b7 ,senate ,,paygo ,scorecards ,the budgetary effects of this title shall not be entered on any ,,paygo scorecard maintained for purposes of section #bja of ,s4 ,con4 ,res4 #ba 7#aajth ,congress74 ,,vii ,repeal of medical device excise tax #gja4 ,repeal of medical device excise tax 7a7 ,in general ,chapter #cb of the ,internal ,revenue ,code of #aihf is amended by striking subchapter ,e4 7b7 ,conforming amendments 7#a7 ,subsection 7a7 of section #dbba of such ,code is amended by striking the last sentence4 7#b7 ,paragraph 7#b7 of section #fdaf7;b7 of such ,code is amended by striking the last sentence4 7#c7 ,the table of subchapters for chapter #cb of such ,code is amended by striking the item relating to subchapter ,e4 7c7 ,effective date ,the amendments made by this section shall apply to sales after ,december #ca1 #bjab4 #gjb4 ,budgetary effects 7a7 ,statutory ,pay-,as-,you-,go ,scorecards ,the budgetary effects of this title shall not be entered on either ,,paygo scorecard maintained pursuant to section #d7;d7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj4 7b7 ,senate ,,paygo ,scorecards ,the budgetary effects of this title shall not be entered on any ,,paygo scorecard maintained for purposes of section #bja of ,s4 ,con4 ,res4 #ba 7#aajth ,congress74 ,,ii ,financial ,services ,i ,small ,business ,capital ,access and ,job ,preservation #aja4 ,short title ,this title may be cited as the ,small ,business ,capital ,access and ,job ,preservation ,act4 #ajb4 ,registration and reporting exemptions relating to private equity funds advisors ,section #bjc of the ,investment ,advisers ,act of #aidj 7#ae ,u4,s4,c4 #hj;b-#c7 is amended by adding at the end the following3 7o7 ,exemption of and reporting requirements by private equity funds advisors 7#a7 ,in general ,except as provided in this subsection1 no investment adviser shall be subject to the registration or reporting requirements of this title with respect to the provision of investment advice relating to a private equity fund or funds1 provided that each such fund has not borrowed and does not have outstanding a principal amount in excess of twice its invested capital commitments4 7#b7 ,maintenance of records and access by ,commission ,not later than #f months after the date of enactment of this subsection1 the ,commission shall issue final rules-- 7,a7 to require investment advisers described in paragraph 7#a7 to maintain such records and provide to the ,commission such annual or other reports as the ,commission may require taking into account fund size1 governance1 investment strategy1 risk1 and other factors1 as the ,commission determines necessary and appropriate in the public interest and for the protection of investors2 and 7,b7 to define the term private equity fund for purposes of this subsection4 4 ,,ii ,small ,business ,mergers1 ,acquisitions1 ,sales1 and ,brokerage ,simplification #bja4 ,short title ,this title may be cited as the ,small ,business ,mergers1 ,acquisitions1 ,sales1 and ,brokerage ,simplification ,act of #bjad4 #bjb4 ,registration exemption for merger and acquisition brokers ,section #ae7;b7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gho7b77 is amended by adding at the end the following3 7#ac7 ,registration exemption for merger and acquisition brokers 7,a7 ,in general ,except as provided in subparagraph 7,b71 an ,m,a broker shall be exempt from registration under this section4 7,b7 ,excluded activities ,an ,m,a broker is not exempt from registration under this paragraph if such broker does any of the following3 7i7 ,directly or indirectly1 in connection with the transfer of ownership of an eligible privately held company1 receives1 holds1 transmits1 or has custody of the funds or securities to be exchanged by the parties to the transaction4 7ii7 ,engages on behalf of an issuer in a public offering of any class of securities that is registered1 or is required to be registered1 with the ,commission under section #ab or with respect to which the issuer files1 or is required to file1 periodic information1 documents1 and reports under subsection 7d74 7,c7 ,rule of construction ,nothing in this paragraph shall be construed to limit any other authority of the ,commission to exempt any person1 or any class of persons1 from any provision of this title1 or from any provision of any rule or regulation thereunder4 7,d7 ,definitions ,in this paragraph3 7i7 ,control ,the term control means the power1 directly or indirectly1 to direct the management or policies of a company1 whether through ownership of securities1 by contract1 or otherwise4 ,there is a presumption of control for any person who-- 7,i7 is a director1 general partner1 member or manager of a limited liability company1 or officer exercising executive responsibility 7or has similar status or functions72 7,,ii7 has the right to vote #bj percent or more of a class of voting securities or the power to sell or direct the sale of #bj percent or more of a class of voting securities2 or 7,,iii7 in the case of a partnership or limited liability company1 has the right to receive upon dissolution1 or has contributed1 #bj percent or more of the capital4 7ii7 ,eligible privately held company ,the term eligible privately held company means a company that meets both of the following conditions3 7,i7 ,the company does not have any class of securities registered1 or required to be registered1 with the ,commission under section #ab or with respect to which the company files1 or is required to file1 periodic information1 documents1 and reports under subsection 7d74 7,,ii7 ,in the fiscal year ending immediately before the fiscal year in which the services of the ,m,a broker are initially engaged with respect to the securities transaction1 the company meets either or both of the following conditions 7determined in accordance with the historical financial accounting records of the company73 7aa7 ,the earnings of the company before interest1 taxes1 depreciation1 and amortization are less than #be1jjj1jjj4 7bb7 ,the gross revenues of the company are less than #bej1jjj1jjj4 7iii7 ,m,a broker ,the term ,m,a broker means a broker1 and any person associated with a broker1 engaged in the business of effecting securities transactions solely in connection with the transfer of ownership of an eligible privately held company1 regardless of whether the broker acts on behalf of a seller or buyer1 through the purchase1 sale1 exchange1 issuance1 repurchase1 or redemption of1 or a business combination involving1 securities or assets of the eligible privately held company1 if the broker reasonably believes that-- 7,i7 upon consummation of the transaction1 any person acquiring securities or assets of the eligible privately held company1 acting alone or in concert1 will control and1 directly or indirectly1 will be active in the management of the eligible privately held company or the business conducted with the assets of the eligible privately held company2 and 7,,ii7 if any person is offered securities in exchange for securities or assets of the eligible privately held company1 such person will1 prior to becoming legally bound to consummate the transaction1 receive or have reasonable access to the most recent year-end balance sheet1 income statement1 statement of changes in financial position1 and statement of owner's equity of the issuer of the securities offered in exchange1 and1 if the financial statements of the issuer are audited1 the related report of the independent auditor1 a balance sheet dated not more than #abj days before the date of the offer1 and information pertaining to the management1 business1 results of operations for the period covered by the foregoing financial statements1 and material loss contingencies of the issuer4 7,e7 ,inflation adjustment 7i7 ,in general ,on the date that is #e years after the date of the enactment of the ,small ,business ,mergers1 ,acquisitions1 ,sales1 and ,brokerage ,simplification ,act of #bjad1 and every #e years thereafter1 each dollar amount in subparagraph 7,d77ii77,,ii7 shall be adjusted by-- 7,i7 dividing the annual value of the ,employment ,cost ,index ,for ,wages and ,salaries1 ,private ,industry ,workers 7or any successor index71 as published by the ,bureau of ,labor ,statistics1 for the calendar year preceding the calendar year in which the adjustment is being made by the annual value of such index 7or successor7 for the calendar year ending ,december #ca1 #bjab2 and 7,,ii7 multiplying such dollar amount by the quotient obtained under subclause 7,i74 7ii7 ,rounding ,each dollar amount determined under clause 7i7 shall be rounded to the nearest multiple of #ajj1jjj4 4 #bjc4 ,effective date ,this title and any amendment made by this title shall take effect on the date that is #ij days after the date of the enactment of this ,act4 ,,iii ,oversight ,a ,unfunded ,mandates ,information and ,transparency #aja4 ,short title ,this subdivision may be cited as the ,unfunded ,mandates ,information and ,transparency ,act of #bjad4 #ajb4 ,purpose ,the purpose of this title is-- 7#a7 to improve the quality of the deliberations of ,congress with respect to proposed ,federal mandates by-- 7,a7 providing ,congress and the public with more complete information about the effects of such mandates2 and 7,b7 ensuring that ,congress acts on such mandates only after focused deliberation on their effects2 and 7#b7 to enhance the ability of ,congress and the public to identify ,federal mandates that may impose undue harm on consumers1 workers1 employers1 small businesses1 and ,state1 local1 and tribal governments4 #ajc4 ,providing for ,congressional ,budget ,office studies on policies involving changes in conditions of grant aid ,section #bjb7;g7 of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #fjb7;g77 is amended by adding at the end the following new paragraph3 7#c7 ,additional studies ,at the request of any ,chairman or ranking member of the minority of a ,committee of the ,senate or the ,house of ,representatives1 the ,director shall conduct an assessment comparing the authorized level of funding in a bill or resolution to the prospective costs of carrying out any changes to a condition of ,federal assistance being imposed on ,state1 local1 or tribal governments participating in the ,federal assistance program concerned or1 in the case of a bill or joint resolution that authorizes such sums as are necessary1 an assessment of an estimated level of funding compared to such costs4 4 #ajd4 ,clarifying the definition of direct costs to reflect ,congressional ,budget ,office practice ,section #dba7c7 of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #feh7c77;,a77i77 is amended-- 7#a7 in subparagraph 7,a77i71 by inserting incur or before be required2 and 7#b7 in subparagraph 7,b71 by inserting after to spend the following3 or could forgo in profits1 including costs passed on to consumers or other entities taking into account1 to the extent practicable1 behavioral changes14 #aje4 ,expanding the scope of reporting requirements to include regulations imposed by independent regulatory agencies ,paragraph 7#a7 of section #dba of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #feh7 is amended by striking 1 but does not include independent regulatory agencies and inserting 1 except it does not include the ,board of ,governors of the ,federal ,reserve ,system or the ,federal ,open ,market ,committee4 #ajf4 ,amendments to replace ,office of ,management and ,budget with ,office of ,information and ,regulatory ,affairs ,the ,unfunded ,mandates ,reform ,act of #aiie 7,public ,law #ajd-d2 #b ,u4,s4,c4 #aeaa et seq47 is amended-- 7#a7 in section #ajc7;c7 7#b ,u4,s4,c4 #aeaa7;c77-- 7,a7 in the subsection heading1 by striking ,office of ,management and ,budget and inserting ,office of ,information and ,regulatory ,affairs2 and 7,b7 by striking ,director of the ,office of ,management and ,budget and inserting ,administrator of the ,office of ,information and ,regulatory ,affairs2 7#b7 in section #bje7;c7 7#b ,u4,s4,c4 #aece7;c77-- 7,a7 in the subsection heading1 by striking ,,omb2 and 7,b7 by striking ,director of the ,office of ,management and ,budget and inserting ,administrator of the ,office of ,information and ,regulatory ,affairs2 and 7#c7 in section #bjf 7#b ,u4,s4,c4 #aecf71 by striking ,director of the ,office of ,management and ,budget and inserting ,administrator of the ,office of ,information and ,regulatory ,affairs4 #ajg4 ,applying substantive point of order to private sector mandates ,section #dbe7;a77#b7 of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #feh;d7a77#b77 is amended-- 7#a7 by striking ,federal intergovernmental mandates and inserting ,federal mandates2 and 7#b7 by inserting or #dbd7;b77#a7 after section #dbd7;a77#a74 #ajh4 ,regulatory process and principles ,section #bja of the ,unfunded ,mandates ,reform ,act of #aiie 7#b ,u4,s4,c4 #aeca7 is amended to read as follows3 #bja4 ,regulatory process and principles 7a7 ,in general ,each agency shall1 unless otherwise expressly prohibited by law1 assess the effects of ,federal regulatory actions on ,state1 local1 and tribal governments and the private sector 7other than to the extent that such regulatory actions incorporate requirements specifically set forth in law7 in accordance with the following principles3 7#a7 ,each agency shall identify the problem that it intends to address 7including1 if applicable1 the failures of private markets or public institutions that warrant new agency action7 as well as assess the significance of that problem4 7#b7 ,each agency shall examine whether existing regulations 7or other law7 have created1 or contributed to1 the problem that a new regulation is intended to correct and whether those regulations 7or other law7 should be modified to achieve the intended goal of regulation more effectively4 7#c7 ,each agency shall identify and assess available alternatives to direct regulation1 including providing economic incentives to encourage the desired behavior1 such as user fees or marketable permits1 or providing information upon which choices can be made by the public4 7#d7 ,if an agency determines that a regulation is the best available method of achieving the regulatory objective1 it shall design its regulations in the most cost-effective manner to achieve the regulatory objective4 ,in doing so1 each agency shall consider incentives for innovation1 consistency1 predictability1 the costs of enforcement and compliance 7to the government1 regulated entities1 and the public71 flexibility1 distributive impacts1 and equity4 7#e7 ,each agency shall assess both the costs and the benefits of the intended regulation and1 recognizing that some costs and benefits are difficult to quantify1 propose or adopt a regulation1 unless expressly prohibited by law1 only upon a reasoned determination that the benefits of the intended regulation justify its costs4 7#f7 ,each agency shall base its decisions on the best reasonably obtainable scientific1 technical1 economic1 and other information concerning the need for1 and consequences of1 the intended regulation4 7#g7 ,each agency shall identify and assess alternative forms of regulation and shall1 to the extent feasible1 specify performance objectives1 rather than specifying the behavior or manner of compliance that regulated entities must adopt4 7#h7 ,each agency shall avoid regulations that are inconsistent1 incompatible1 or duplicative with its other regulations or those of other ,federal agencies4 7#i7 ,each agency shall tailor its regulations to minimize the costs of the cumulative impact of regulations4 7#aj7 ,each agency shall draft its regulations to be simple and easy to understand1 with the goal of minimizing the potential for uncertainty and litigation arising from such uncertainty4 7b7 ,regulatory action defined ,in this section1 the term regulatory action means any substantive action by an agency 7normally published in the ,federal ,register7 that promulgates or is expected to lead to the promulgation of a final rule or regulation1 including advance notices of proposed rulemaking and notices of proposed rulemaking4 4 #aji4 ,expanding the scope of statements to accompany significant regulatory actions 7a7 ,in general ,subsection 7a7 of section #bjb of the ,unfunded ,mandates ,reform ,act of #aiie 7#b ,u4,s4,c4 #aecb7 is amended to read as follows3 7a7 ,in general ,unless otherwise expressly prohibited by law1 before promulgating any general notice of proposed rulemaking or any final rule1 or within six months after promulgating any final rule that was not preceded by a general notice of proposed rulemaking1 if the proposed rulemaking or final rule includes a ,federal mandate that may result in an annual effect on ,state1 local1 or tribal governments1 or to the private sector1 in the aggregate of #ajj1jjj1jjj or more in any #a year1 the agency shall prepare a written statement containing the following3 7#a7 ,the text of the draft proposed rulemaking or final rule1 together with a reasonably detailed description of the need for the proposed rulemaking or final rule and an explanation of how the proposed rulemaking or final rule will meet that need4 7#b7 ,an assessment of the potential costs and benefits of the proposed rulemaking or final rule1 including an explanation of the manner in which the proposed rulemaking or final rule is consistent with a statutory requirement and avoids undue interference with ,state1 local1 and tribal governments in the exercise of their governmental functions4 7#c7 ,a qualitative and quantitative assessment1 including the underlying analysis1 of benefits anticipated from the proposed rulemaking or final rule 7such as the promotion of the efficient functioning of the economy and private markets1 the enhancement of health and safety1 the protection of the natural environment1 and the elimination or reduction of discrimination or bias74 7#d7 ,a qualitative and quantitative assessment1 including the underlying analysis1 of costs anticipated from the proposed rulemaking or final rule 7such as the direct costs both to the ,government in administering the final rule and to businesses and others in complying with the final rule1 and any adverse effects on the efficient functioning of the economy1 private markets 7including productivity1 employment1 and international competitiveness71 health1 safety1 and the natural environment74 7#e7 ,estimates by the agency1 if and to the extent that the agency determines that accurate estimates are reasonably feasible1 of-- 7,a7 the future compliance costs of the ,federal mandate2 and 7,b7 any disproportionate budgetary effects of the ,federal mandate upon any particular regions of the ,nation or particular ,state1 local1 or tribal governments1 urban or rural or other types of communities1 or particular segments of the private sector4 7#f7 7,a7 ,a detailed description of the extent of the agency's prior consultation with the private sector and elected representatives 7under section #bjd7 of the affected ,state1 local1 and tribal governments4 7,b7 ,a detailed summary of the comments and concerns that were presented by the private sector and ,state1 local1 or tribal governments either orally or in writing to the agency4 7,c7 ,a detailed summary of the agency's evaluation of those comments and concerns4 7#g7 ,a detailed summary of how the agency complied with each of the regulatory principles described in section #bja4 4 7b7 ,requirement for detailed summary ,subsection 7b7 of section #bjb of such ,act is amended by inserting detailed before summary4 #aaj4 ,enhanced stakeholder consultation ,section #bjd of the ,unfunded ,mandates ,reform ,act of #aiie 7#b ,u4,s4,c4 #aecd7 is amended-- 7#a7 in the section heading1 by inserting and private sector before input2 7#b7 in subsection 7a7-- 7,a7 by inserting 1 and impacted parties within the private sector 7including small business71 after on their behalf72 7,b7 by striking ,federal intergovernmental mandates and inserting ,federal mandates2 and 7#c7 by amending subsection 7c7 to read as follows3 7c7 ,guidelines ,for appropriate implementation of subsections 7a7 and 7b7 consistent with applicable laws and regulations1 the following guidelines shall be followed3 7#a7 ,consultations shall take place as early as possible1 before issuance of a notice of proposed rulemaking1 continue through the final rule stage1 and be integrated explicitly into the rulemaking process4 7#b7 ,agencies shall consult with a wide variety of ,state1 local1 and tribal officials and impacted parties within the private sector 7including small businesses74 ,geographic1 political1 and other factors that may differentiate varying points of view should be considered4 7#c7 ,agencies should estimate benefits and costs to assist with these consultations4 ,the scope of the consultation should reflect the cost and significance of the ,federal mandate being considered4 7#d7 ,agencies shall1 to the extent practicable-- 7,a7 seek out the views of ,state1 local1 and tribal governments1 and impacted parties within the private sector 7including small business71 on costs1 benefits1 and risks2 and 7,b7 solicit ideas about alternative methods of compliance and potential flexibilities1 and input on whether the ,federal regulation will harmonize with and not duplicate similar laws in other levels of government4 7#e7 ,consultations shall address the cumulative impact of regulations on the affected entities4 7#f7 ,agencies may accept electronic submissions of comments by relevant parties but may not use those comments as the sole method of satisfying the guidelines in this subsection4 4 #aaa4 ,new authorities and responsibilities for ,office of ,information and ,regulatory ,affairs ,section #bjh of the ,unfunded ,mandates ,reform ,act of #aiie 7#b ,u4,s4,c4 #aech7 is amended to read as follows3 #bjh4 ,office of ,information and ,regulatory ,affairs responsibilities 7a7 ,in ,general ,the ,administrator of the ,office of ,information and ,regulatory ,affairs shall provide meaningful guidance and oversight so that each agency's regulations for which a written statement is required under section #bjb are consistent with the principles and requirements of this title1 as well as other applicable laws1 and do not conflict with the policies or actions of another agency4 ,if the ,administrator determines that an agency's regulations for which a written statement is required under section #bjb do not comply with such principles and requirements1 are not consistent with other applicable laws1 or conflict with the policies or actions of another agency1 the ,administrator shall identify areas of non-compliance1 notify the agency1 and request that the agency comply before the agency finalizes the regulation concerned4 7b7 ,annual ,statements to ,congress on ,agency ,compliance ,the ,director of the ,office of ,information and ,regulatory ,affairs annually shall submit to ,congress1 including the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives1 a written report detailing compliance by each agency with the requirements of this title that relate to regulations for which a written statement is required by section #bjb1 including activities undertaken at the request of the ,director to improve compliance1 during the preceding reporting period4 ,the report shall also contain an appendix detailing compliance by each agency with section #bjd4 4 #aab4 ,retrospective analysis of existing ,federal regulations ,the ,unfunded ,mandates ,reform ,act of #aiie 7,public ,law #ajd-d2 #b ,u4,s4,c4 #aeaa et seq47 is amended-- 7#a7 by redesignating section #bji as section #baj2 and 7#b7 by inserting after section #bjh the following new section #bji3 #bji4 ,retrospective analysis of existing ,federal regulations 7a7 ,requirement ,at the request of the chairman or ranking minority member of a standing or select committee of the ,house of ,representatives or the ,senate1 an agency shall conduct a retrospective analysis of an existing ,federal regulation promulgated by an agency4 7b7 ,report ,each agency conducting a retrospective analysis of existing ,federal regulations pursuant to subsection 7a7 shall submit to the chairman of the relevant committee1 ,congress1 and the ,comptroller ,general a report containing1 with respect to each ,federal regulation covered by the analysis-- 7#a7 a copy of the ,federal regulation2 7#b7 the continued need for the ,federal regulation2 7#c7 the nature of comments or complaints received concerning the ,federal regulation from the public since the ,federal regulation was promulgated2 7#d7 the extent to which the ,federal regulation overlaps1 duplicates1 or conflicts with other ,federal regulations1 and1 to the extent feasible1 with ,state and local governmental rules2 7#e7 the degree to which technology1 economic conditions1 or other factors have changed in the area affected by the ,federal regulation2 7#f7 a complete analysis of the retrospective direct costs and benefits of the ,federal regulation that considers studies done outside the ,federal ,government 7if any7 estimating such costs or benefits2 and 7#g7 any litigation history challenging the ,federal regulation4 4 #aac4 ,expansion of judicial review ,section #dja7;a7 of the ,unfunded ,mandates ,reform ,act of #aiie 7#b ,u4,s4,c4 #aega7;a77 is amended-- 7#a7 in paragraphs 7#a7 and 7#b77;,a7-- 7,a7 by striking sections #bjb and #bjc7;a77#a7 and 7#b7 each place it appears and inserting sections #bja1 #bjb1 #bjc7;a77#a7 and 7#b71 and #bje7;a7 and 7b72 and 7,b7 by striking only each place it appears2 7#b7 in paragraph 7#b77;,b71 by striking section #bjb and all that follows through the period at the end and inserting the following3 section #bjb1 prepare the written plan under section #bjc7;a77#a7 and 7#b71 or comply with section #bje7;a7 and 7b71 a court may compel the agency to prepare such written statement1 prepare such written plan1 or comply with such section42 and 7#c7 in paragraph 7#c71 by striking written statement or plan is required and all that follows through shall not and inserting the following3 written statement under section #bjb1 a written plan under section #bjc7;a77#a7 and 7#b71 or compliance with sections #bja and #bje7;a7 and 7b7 is required1 the inadequacy or failure to prepare such statement 7including the inadequacy or failure to prepare any estimate1 analysis1 statement1 or description71 to prepare such written plan1 or to comply with such section may4 ,b ,achieving ,less ,excess in ,regulation and ,requiring ,transparency #ajj4 ,short title2 table of contents ,this subdivision may be cited as the ,achieving ,less ,excess in ,regulation and ,requiring ,transparency ,act of #bjad or as the ,,alerrt ,act of #bjad4 ,i ,all ,economic ,regulations are ,transparent ,act #aja4 ,short title ,this title may be cited as the ,all ,economic ,regulations are ,transparent ,act of #bjad or the ,,alert ,act of #bjad4 #ajb4 ,office of ,information and ,regulatory ,affairs publication of information relating to rules 7a7 ,amendment ,title #e1 ,united ,states ,code1 is amended by inserting after chapter #f1 the following new chapter3 #f;,a ,office of ,information and ,regulatory ,affairs ,publication of ,information ,relating to ,rules ,sec4 #fea4 ,agency monthly submission to ,office of ,information and ,regulatory ,affairs4 #feb4 ,office of ,information and ,regulatory ,affairs ,publications4 #fec4 ,requirement for rules to appear in agency-specific monthly publication4 #fed4 ,definitions4 #fea4 ,agency monthly submission to ,office of ,information and ,regulatory ,affairs ,on a monthly basis1 the head of each agency shall submit to the ,administrator of the ,office of ,information and ,regulatory ,affairs 7referred to in this chapter as the ,administrator71 in such a manner as the ,administrator may reasonably require1 the following information3 7#a7 ,for each rule that the agency expects to propose or finalize during the following year3 7,a7 ,a summary of the nature of the rule1 including the regulation identifier number and the docket number for the rule4 7,b7 ,the objectives of and legal basis for the issuance of the rule1 including-- 7i7 any statutory or judicial deadline2 and 7ii7 whether the legal basis restricts or precludes the agency from conducting an analysis of the costs or benefits of the rule during the rule making1 and if not1 whether the agency plans to conduct an analysis of the costs or benefits of the rule during the rule making4 7,c7 ,whether the agency plans to claim an exemption from the requirements of section #eec pursuant to section #eec7;b77,b74 7,d7 ,the stage of the rule making as of the date of submission4 7,e7 ,whether the rule is subject to review under section #faj4 7#b7 ,for any rule for which the agency expects to finalize during the following year and has issued a general notice of proposed rule making-- 7,a7 an approximate schedule for completing action on the rule2 7,b7 an estimate of whether the rule will cost-- 7i7 less than #ej1jjj1jjj2 7ii7 #ej1jjj1jjj or more but less than #ajj1jjj1jjj2 7iii7 #ajj1jjj1jjj or more but less than #ejj1jjj1jjj2 7iv7 #ejj1jjj1jjj or more but less than #a1jjj1jjj1jjj2 7v7 #a1jjj1jjj1jjj or more but less than #e1jjj1jjj1jjj2 7vi7 #e1jjj1jjj1jjj or more but less than #aj1jjj1jjj1jjj2 or 7vii7 #aj1jjj1jjj1jjj or more2 and 7,c7 any estimate of the economic effects of the rule1 including any estimate of the net effect that the rule will have on the number of jobs in the ,united ,states1 that was considered in drafting the rule4 ,if such estimate is not available1 a statement affirming that no information on the economic effects1 including the effect on the number of jobs1 of the rule has been considered4 #feb4 ,office of ,information and ,regulatory ,affairs ,publications 7a7 ,agency-,specific information published monthly ,not later than #cj days after the submission of information pursuant to section #fea1 the ,administrator shall make such information publicly available on the ,internet4 7b7 ,cumulative assessment of agency rule making published annually 7#a7 ,publication in the ,federal ,register ,not later than ,october #a of each year1 the ,administrator shall publish in the ,federal ,register1 for the previous year the following3 7,a7 ,the information that the ,administrator received from the head of each agency under section #fea4 7,b7 ,the number of rules and a list of each such rule-- 7i7 that was proposed by each agency1 including1 for each such rule1 an indication of whether the issuing agency conducted an analysis of the costs or benefits of the rule2 and 7ii7 that was finalized by each agency1 including for each such rule an indication of whether-- 7,i7 the issuing agency conducted an analysis of the costs or benefits of the rule2 7,,ii7 the agency claimed an exemption from the procedures under section #eec pursuant to section #eec7;b77,b72 and 7,,iii7 the rule was issued pursuant to a statutory mandate or the rule making is committed to agency discretion by law4 7,c7 ,the number of agency actions and a list of each such action taken by each agency that-- 7i7 repealed a rule2 7ii7 reduced the scope of a rule2 7iii7 reduced the cost of a rule2 or 7iv7 accelerated the expiration date of a rule4 7,d7 ,the total cost 7without reducing the cost by any offsetting benefits7 of all rules proposed or finalized1 and the number of rules for which an estimate of the cost of the rule was not available4 7#b7 ,publication on the ,internet ,not later than ,october #a of each year1 the ,administrator shall make publicly available on the ,internet the following3 7,a7 ,the analysis of the costs or benefits1 if conducted1 for each proposed rule or final rule issued by an agency for the previous year4 7,b7 ,the docket number and regulation identifier number for each proposed or final rule issued by an agency for the previous year4 7,c7 ,the number of rules and a list of each such rule reviewed by the ,director of the ,office of ,management and ,budget for the previous year1 and the authority under which each such review was conducted4 7,d7 ,the number of rules and a list of each such rule for which the head of an agency completed a review under section #faj for the previous year4 7,e7 ,the number of rules and a list of each such rule submitted to the ,comptroller ,general under section #hja4 7,f7 ,the number of rules and a list of each such rule for which a resolution of disapproval was introduced in either the ,house of ,representatives or the ,senate under section #hjb4 #fec4 ,requirement for rules to appear in agency-specific monthly publication 7a7 ,in general ,subject to subsection 7b71 a rule may not take effect until the information required to be made publicly available on the ,internet regarding such rule pursuant to section #feb7;a7 has been so available for not less than #f months4 7b7 ,exceptions ,the requirement of subsection 7a7 shall not apply in the case of a rule-- 7#a7 for which the agency issuing the rule claims an exception under section #eec7;b77,b72 or 7#b7 which the ,president determines by ,executive order should take effect because the rule is-- 7,a7 necessary because of an imminent threat to health or safety or other emergency2 7,b7 necessary for the enforcement of criminal laws2 7,c7 necessary for national security2 or 7,d7 issued pursuant to any statute implementing an international trade agreement4 #fed4 ,definitions ,in this chapter1 the terms agency1 agency action1 rule1 and rule making have the meanings given those terms in section #eea4 4 7b7 ,technical and conforming amendment ,the table of chapters for part ,i of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #e1 the following3 #f4 ,the ,analysis of ,regulatory ,functions#fja #f;,a4 ,office of ,information and ,regulatory ,affairs ,publication of ,information ,relating to ,rules#fea 4 7c7 ,effective dates 7#a7 ,agency monthly submission to the ,office of ,information and ,regulatory ,affairs ,the first submission required pursuant to section #fea of title #e1 ,united ,states ,code1 as added by subsection 7a71 shall be submitted not later than #cj days after the date of the enactment of this title1 and monthly thereafter4 7#b7 ,cumulative assessment of agency rule making 7,a7 ,in general ,subsection 7b7 of section #feb of title #e1 ,united ,states ,code1 as added by subsection 7a71 shall take effect on the date that is #fj days after the date of the enactment of this title4 7,b7 ,deadline ,the first requirement to publish or make available1 as the case may be1 under subsection 7b7 of section #feb of title #e1 ,united ,states ,code1 as added by subsection 7a71 shall be the first ,october #a after the effective date of such subsection4 7,c7 ,first publication ,the requirement under section #feb7;b77#b77;,a7 of title #e1 ,united ,states ,code1 as added by subsection 7a71 shall include for the first publication1 any analysis of the costs or benefits conducted for a proposed or final rule1 for the #aj years before the date of the enactment of this title4 7#c7 ,requirement for rules to appear in agency-specific monthly publication ,section #fec of title #e1 ,united ,states ,code1 as added by subsection 7a71 shall take effect on the date that is #h months after the date of the enactment of this title4 ,,ii ,regulatory ,accountability ,act #bja4 ,short title ,this title may be cited as the ,regulatory ,accountability ,act of #bjad4 #bjb4 ,definitions ,section #eea of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#ac71 by striking and at the end2 7#b7 in paragraph 7#ad71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#ae7 major rule means any rule that the ,administrator of the ,office of ,information and ,regulatory ,affairs determines is likely to impose-- 7,a7 an annual cost on the economy of #ajj1jjj1jjj or more1 adjusted annually for inflation2 7,b7 a major increase in costs or prices for consumers1 individual industries1 ,federal1 ,state1 local1 or tribal government agencies1 or geographic regions2 7,c7 significant adverse effects on competition1 employment1 investment1 productivity1 innovation1 or on the ability of ,united ,states-based enterprises to compete with foreign-based enterprises in domestic and export markets2 or 7,d7 significant impacts on multiple sectors of the economy2 7#af7 high-impact rule means any rule that the ,administrator of the ,office of ,information and ,regulatory ,affairs determines is likely to impose an annual cost on the economy of #a1jjj1jjj1jjj or more1 adjusted annually for inflation2 7#ag7 negative-impact on jobs and wages rule means any rule that the agency that made the rule or the ,administrator of the ,office of ,information and ,regulatory ,affairs determines is likely to-- 7,a7 in one or more sectors of the economy that has a #f-;digit code under the ,north ,american ,industry ,classification ,system1 reduce employment not related to new regulatory compliance by #a percent or more annually during the #a-year1 #e-year1 or #aj-year period after implementation2 7,b7 in one or more sectors of the economy that has a #f-;digit code under the ,north ,american ,industry ,classification ,system1 reduce average weekly wages for employment not related to new regulatory compliance by #a percent or more annually during the #a-year1 #e-year1 or #aj-year period after implementation2 7,c7 in any industry area 7as such term is defined in the ,current ,population ,survey conducted by the ,bureau of ,labor ,statistics7 in which the most recent annual unemployment rate for the industry area is greater than #e percent1 as determined by the ,bureau of ,labor ,statistics in the ,current ,population ,survey1 reduce employment not related to new regulatory compliance during the first year after implementation2 or 7,d7 in any industry area in which the ,bureau of ,labor ,statistics projects in the ,occupational ,employment ,statistics program that the employment level will decrease by #a percent or more1 further reduce employment not related to new regulatory compliance during the first year after implementation2 7#ah7 guidance means an agency statement of general applicability and future effect1 other than a regulatory action1 that sets forth a policy on a statutory1 regulatory or technical issue or an interpretation of a statutory or regulatory issue2 7#ai7 major guidance means guidance that the ,administrator of the ,office of ,information and ,regulatory ,affairs finds is likely to lead to-- 7,a7 an annual cost on the economy of #ajj1jjj1jjj or more1 adjusted annually for inflation2 7,b7 a major increase in costs or prices for consumers1 individual industries1 ,federal1 ,state1 local or tribal government agencies1 or geographic regions2 7,c7 significant adverse effects on competition1 employment1 investment1 productivity1 innovation1 or on the ability of ,united ,states-based enterprises to compete with foreign-based enterprises in domestic and export markets2 or 7,d7 significant impacts on multiple sectors of the economy2 7#bj7 the ,information ,quality ,act means section #eae of ,public ,law #ajf-eed1 the ,treasury and ,general ,government ,appropriations ,act for ,fiscal ,year #bjja1 and guidelines issued by the ,administrator of the ,office of ,information and ,regulatory ,affairs or other agencies pursuant to the ,act2 and 7#ba7 the ,office of ,information and ,regulatory ,affairs means the office established under section #cejc of chapter #ce of title #dd and any successor to that office4 4 #bjc4 ,rule making 7a7 ,section #eec7;a7 of title #e1 ,united ,states ,code1 is amended by striking 7a7 ,this section applies and inserting 7a7 ,applicability4--,this section applies4 7b7 ,section #eec of title #e1 ,united ,states ,code1 is amended by striking subsections 7b7 through 7e7 and inserting the following3 7b7 ,rule making considerations ,in a rule making1 an agency shall make all preliminary and final factual determinations based on evidence and consider1 in addition to other applicable considerations1 the following3 7#a7 ,the legal authority under which a rule may be proposed1 including whether a rule making is required by statute1 and if so1 whether by a specific date1 or whether the agency has discretion to commence a rule making4 7#b7 ,other statutory considerations applicable to whether the agency can or should propose a rule or undertake other agency action4 7#c7 ,the specific nature and significance of the problem the agency may address with a rule 7including the degree and nature of risks the problem poses and the priority of addressing those risks compared to other matters or activities within the agency's jurisdiction71 whether the problem warrants new agency action1 and the countervailing risks that may be posed by alternatives for new agency action4 7#d7 ,whether existing rules have created or contributed to the problem the agency may address with a rule and whether those rules could be amended or rescinded to address the problem in whole or part4 7#e7 ,any reasonable alternatives for a new rule or other response identified by the agency or interested persons1 including not only responses that mandate particular conduct or manners of compliance1 but also-- 7,a7 the alternative of no ,federal response2 7,b7 amending or rescinding existing rules2 7,c7 potential regional1 ,state1 local1 or tribal regulatory action or other responses that could be taken in lieu of agency action2 and 7,d7 potential responses that-- 7i7 specify performance objectives rather than conduct or manners of compliance2 7ii7 establish economic incentives to encourage desired behavior2 7iii7 provide information upon which choices can be made by the public2 or 7iv7 incorporate other innovative alternatives rather than agency actions that specify conduct or manners of compliance4 7#f7 ,notwithstanding any other provision of law-- 7,a7 the potential costs and benefits associated with potential alternative rules and other responses considered under section #eec7;b77#e71 including direct1 indirect1 and cumulative costs and benefits and estimated impacts on jobs 7including an estimate of the net gain or loss in domestic jobs71 wages1 economic growth1 innovation1 and economic competitiveness2 7,b7 means to increase the cost-effectiveness of any ,federal response2 and 7,c7 incentives for innovation1 consistency1 predictability1 lower costs of enforcement and compliance 7to government entities1 regulated entities1 and the public71 and flexibility4 7c7 ,advance notice of proposed rule making for major rules1 high-,impact rules1 negative-,impact on jobs and wages rules1 and rules involving novel legal or policy issues ,in the case of a rule making for a major rule1 a high-impact rule1 a negative-impact on jobs and wages rule1 or a rule that involves a novel legal or policy issue arising out of statutory mandates1 not later than #ij days before a notice of proposed rule making is published in the ,federal ,register1 an agency shall publish advance notice of proposed rule making in the ,federal ,register4 ,in publishing such advance notice1 the agency shall-- 7#a7 include a written statement identifying1 at a minimum-- 7,a7 the nature and significance of the problem the agency may address with a rule1 including data and other evidence and information on which the agency expects to rely for the proposed rule2 7,b7 the legal authority under which a rule may be proposed1 including whether a rule making is required by statute1 and if so1 whether by a specific date1 or whether the agency has discretion to commence a rule making2 7,c7 preliminary information available to the agency concerning the other considerations specified in subsection 7b72 7,d7 in the case of a rule that involves a novel legal or policy issue arising out of statutory mandates1 the nature of and potential reasons to adopt the novel legal or policy position upon which the agency may base a proposed rule2 and 7,e7 an achievable objective for the rule and metrics by which the agency will measure progress toward that objective2 7#b7 solicit written data1 views or argument from interested persons concerning the information and issues addressed in the advance notice2 and 7#c7 provide for a period of not fewer than #fj days for interested persons to submit such written data1 views1 or argument to the agency4 7d7 ,notices of proposed rule making2 determinations of other agency course 7#a7 ,before it determines to propose a rule1 and following completion of procedures under subsection 7c71 if applicable1 the agency shall consult with the ,administrator of the ,office of ,information and ,regulatory ,affairs4 ,if the agency thereafter determines to propose a rule1 the agency shall publish a notice of proposed rule making1 which shall include-- 7,a7 a statement of the time1 place1 and nature of public rule making proceedings2 7,b7 reference to the legal authority under which the rule is proposed2 7,c7 the terms of the proposed rule2 7,d7 a description of information known to the agency on the subject and issues of the proposed rule1 including but not limited to-- 7i7 a summary of information known to the agency concerning the considerations specified in subsection 7b72 7ii7 a summary of additional information the agency provided to and obtained from interested persons under subsection 7c72 7iii7 a summary of any preliminary risk assessment or regulatory impact analysis performed by the agency2 and 7iv7 information specifically identifying all data1 studies1 models1 and other evidence or information considered or used by the agency in connection with its determination to propose the rule2 7,e7 7i7 a reasoned preliminary determination of need for the rule based on the information described under subparagraph 7,d72 7ii7 an additional statement of whether a rule is required by statute2 and 7iii7 an achievable objective for the rule and metrics by which the agency will measure progress toward that objective2 7,f7 a reasoned preliminary determination that the benefits of the proposed rule meet the relevant statutory objectives and justify the costs of the proposed rule 7including all costs to be considered under subsection 7b77#f771 based on the information described under subparagraph 7,d72 7,g7 a discussion of-- 7i7 the alternatives to the proposed rule1 and other alternative responses1 considered by the agency under subsection 7b72 7ii7 the costs and benefits of those alternatives 7including all costs to be considered under subsection 7b77#f772 7iii7 whether those alternatives meet relevant statutory objectives2 and 7iv7 why the agency did not propose any of those alternatives2 and 7,h7 7i7 a statement of whether existing rules have created or contributed to the problem the agency seeks to address with the proposed rule2 and 7ii7 if so1 whether or not the agency proposes to amend or rescind any such rules1 and why4 ,all information provided to or considered by the agency1 and steps to obtain information by the agency1 in connection with its determination to propose the rule1 including any preliminary risk assessment or regulatory impact analysis prepared by the agency and all other information prepared or described by the agency under subparagraph 7,d7 and1 at the discretion of the ,president or the ,administrator of the ,office of ,information and ,regulatory ,affairs1 information provided by that ,office in consultations with the agency1 shall be placed in the docket for the proposed rule and made accessible to the public by electronic means and otherwise for the public's use when the notice of proposed rule making is published4 7#b7 7,a7 ,if the agency undertakes procedures under subsection 7c7 and determines thereafter not to propose a rule1 the agency shall1 following consultation with the ,office of ,information and ,regulatory ,affairs1 publish a notice of determination of other agency course4 ,a notice of determination of other agency course shall include information required by paragraph 7#a77;,d7 to be included in a notice of proposed rule making and a description of the alternative response the agency determined to adopt4 7,b7 ,if in its determination of other agency course the agency makes a determination to amend or rescind an existing rule1 the agency need not undertake additional proceedings under subsection 7c7 before it publishes a notice of proposed rule making to amend or rescind the existing rule4 ,all information provided to or considered by the agency1 and steps to obtain information by the agency1 in connection with its determination of other agency course1 including but not limited to any preliminary risk assessment or regulatory impact analysis prepared by the agency and all other information that would be required to be prepared or described by the agency under paragraph 7#a77;,d7 if the agency had determined to publish a notice of proposed rule making and1 at the discretion of the ,president or the ,administrator of the ,office of ,information and ,regulatory ,affairs1 information provided by that ,office in consultations with the agency1 shall be placed in the docket for the determination and made accessible to the public by electronic means and otherwise for the public's use when the notice of determination is published4 7#c7 ,after notice of proposed rule making required by this section1 the agency shall provide interested persons an opportunity to participate in the rule making through submission of written data1 views1 or arguments with or without opportunity for oral presentation1 except that-- 7,a7 if a hearing is required under paragraph 7#d77;,b7 or subsection 7e71 opportunity for oral presentation shall be provided pursuant to that requirement2 or 7,b7 when other than under subsection 7e7 of this section rules are required by statute or at the discretion of the agency to be made on the record after opportunity for an agency hearing1 sections #eef and #eeg shall apply1 and paragraph 7#d71 the requirements of subsection 7e7 to receive comment outside of the procedures of sections #eef and #eeg1 and the petition procedures of subsection 7e77#f7 shall not apply4 ,the agency shall provide not fewer than #fj days for interested persons to submit written data1 views1 or argument 7or #abj days in the case of a proposed major or high-impact rule74 7#d7 7,a7 ,within #cj days of publication of notice of proposed rule making1 a member of the public may petition for a hearing in accordance with section #eef to determine whether any evidence or other information upon which the agency bases the proposed rule fails to comply with the ,information ,quality ,act4 7,b7 7i7 ,the agency may1 upon review of the petition1 determine without further process to exclude from the rule making the evidence or other information that is the subject of the petition and1 if appropriate1 withdraw the proposed rule4 ,the agency shall promptly publish any such determination4 7ii7 ,if the agency does not resolve the petition under the procedures of clause 7i71 it shall grant any such petition that presents a prima facie case that evidence or other information upon which the agency bases the proposed rule fails to comply with the ,information ,quality ,act1 hold the requested hearing not later than #cj days after receipt of the petition1 provide a reasonable opportunity for cross-examination at the hearing1 and decide the issues presented by the petition not later than #fj days after receipt of the petition4 ,the agency may deny any petition that it determines does not present such a prima facie case4 7,c7 ,there shall be no judicial review of the agency's disposition of issues considered and decided or determined under subparagraph 7,b77ii7 until judicial review of the agency's final action4 ,there shall be no judicial review of an agency's determination to withdraw a proposed rule under subparagraph 7,b77i7 on the basis of the petition4 7,d7 ,failure to petition for a hearing under this paragraph shall not preclude judicial review of any claim based on the ,information ,quality ,act under chapter #g of this title4 7e7 ,hearings for high-,impact rules ,following notice of a proposed rule making1 receipt of comments on the proposed rule1 and any hearing held under subsection 7d77#d71 and before adoption of any high-impact rule1 the agency shall hold a hearing in accordance with sections #eef and #eeg1 unless such hearing is waived by all participants in the rule making other than the agency4 ,the agency shall provide a reasonable opportunity for cross-examination at such hearing4 ,the hearing shall be limited to the following issues of fact1 except that participants at the hearing other than the agency may waive determination of any such issue3 7#a7 ,whether the agency's asserted factual predicate for the rule is supported by the evidence4 7#b7 ,whether there is an alternative to the proposed rule that would achieve the relevant statutory objectives at a lower cost 7including all costs to be considered under subsection 7b77#f77 than the proposed rule4 7#c7 ,if there is more than one alternative to the proposed rule that would achieve the relevant statutory objectives at a lower cost than the proposed rule1 which alternative would achieve the relevant statutory objectives at the lowest cost4 7#d7 ,whether1 if the agency proposes to adopt a rule that is more costly than the least costly alternative that would achieve the relevant statutory objectives 7including all costs to be considered under subsection 7b77#f771 the additional benefits of the more costly rule exceed the additional costs of the more costly rule4 7#e7 ,whether the evidence and other information upon which the agency bases the proposed rule meets the requirements of the ,information ,quality ,act4 7#f7 ,upon petition by an interested person who has participated in the rule making1 other issues relevant to the rule making1 unless the agency determines that consideration of the issues at the hearing would not advance consideration of the rule or would1 in light of the nature of the need for agency action1 unreasonably delay completion of the rule making4 ,an agency shall grant or deny a petition under this paragraph within #cj days of its receipt of the petition4 ,no later than #de days before any hearing held under this subsection or sections #eef and #eeg1 the agency shall publish in the ,federal ,register a notice specifying the proposed rule to be considered at such hearing1 the issues to be considered at the hearing1 and the time and place for such hearing1 except that such notice may be issued not later than #ae days before a hearing held under subsection 7d77#d77;,b74 7f7 ,final rules 7#a7 ,the agency shall adopt a rule only following consultation with the ,administrator of the ,office of ,information and ,regulatory ,affairs to facilitate compliance with applicable rule making requirements4 7#b7 ,the agency shall adopt a rule only on the basis of the best reasonably obtainable scientific1 technical1 economic1 and other evidence and information concerning the need for1 consequences of1 and alternatives to the rule4 7#c7 7,a7 ,except as provided in subparagraph 7,b71 the agency shall adopt the least costly rule considered during the rule making 7including all costs to be considered under subsection 7b77#f77 that meets relevant statutory objectives4 7,b7 ,the agency may adopt a rule that is more costly than the least costly alternative that would achieve the relevant statutory objectives only if the additional benefits of the more costly rule justify its additional costs and only if the agency explains its reason for doing so based on interests of public health1 safety or welfare that are clearly within the scope of the statutory provision authorizing the rule4 7#d7 ,when it adopts a final rule1 the agency shall publish a notice of final rule making4 ,the notice shall include-- 7,a7 a concise1 general statement of the rule's basis and purpose2 7,b7 the agency's reasoned final determination of need for a rule to address the problem the agency seeks to address with the rule1 including a statement of whether a rule is required by statute and a summary of any final risk assessment or regulatory impact analysis prepared by the agency2 7,c7 the agency's reasoned final determination that the benefits of the rule meet the relevant statutory objectives and justify the rule's costs 7including all costs to be considered under subsection 7b77#f772 7,d7 the agency's reasoned final determination not to adopt any of the alternatives to the proposed rule considered by the agency during the rule making1 including-- 7i7 the agency's reasoned final determination that no alternative considered achieved the relevant statutory objectives with lower costs 7including all costs to be considered under subsection 7b77#f77 than the rule2 or 7ii7 the agency's reasoned determination that its adoption of a more costly rule complies with subsection 7f77#c77;,b72 7,e7 the agency's reasoned final determination-- 7i7 that existing rules have not created or contributed to the problem the agency seeks to address with the rule2 or 7ii7 that existing rules have created or contributed to the problem the agency seeks to address with the rule1 and1 if so-- 7,i7 why amendment or rescission of such existing rules is not alone sufficient to respond to the problem2 and 7,,ii7 whether and how the agency intends to amend or rescind the existing rule separate from adoption of the rule2 7,f7 the agency's reasoned final determination that the evidence and other information upon which the agency bases the rule complies with the ,information ,quality ,act2 7,g7 the agency's reasoned final determination that the rule meets the objectives that the agency identified in subsection 7d77#a77;,e77iii7 or that other objectives are more appropriate in light of the full administrative record and the rule meets those objectives2 7,h7 the agency's reasoned final determination that it did not deviate from the metrics the agency included in subsection 7d77#a77;,e77iii7 or that other metrics are more appropriate in light of the full administrative record and the agency did not deviate from those metrics2 7,i7 7i7 for any major rule1 high-impact rule1 or negative-impact on jobs and wages rule1 the agency's plan for review of the rule no less than every ten years to determine whether1 based upon evidence1 there remains a need for the rule1 whether the rule is in fact achieving statutory objectives1 whether the rule's benefits continue to justify its costs1 and whether the rule can be modified or rescinded to reduce costs while continuing to achieve statutory objectives2 and 7ii7 review of a rule under a plan required by clause 7i7 of this subparagraph shall take into account the factors and criteria set forth in subsections 7b7 through 7f7 of section #eec of this title2 and 7,j7 for any negative-impact on jobs and wages rule1 a statement that the head of the agency that made the rule approved the rule knowing about the findings and determination of the agency or the ,administrator of the ,office of ,information and ,regulatory ,affairs that qualified the rule as a negative impact on jobs and wages rule4 ,all information considered by the agency in connection with its adoption of the rule1 and1 at the discretion of the ,president or the ,administrator of the ,office of ,information and ,regulatory ,affairs1 information provided by that ,office in consultations with the agency1 shall be placed in the docket for the rule and made accessible to the public for the public's use no later than when the rule is adopted4 7g7 ,exceptions from notice and hearing requirements 7#a7 ,except when notice or hearing is required by statute1 the following do not apply to interpretive rules1 general statements of policy1 or rules of agency organization1 procedure1 or practice3 7,a7 ,subsections 7c7 through 7e74 7,b7 ,paragraphs 7#a7 through 7#c7 of subsection 7f74 7,c7 ,subparagraphs 7,b7 through 7,h7 of subsection 7f77#d74 7#b7 7,a7 ,when the agency for good cause1 based upon evidence1 finds 7and incorporates the finding and a brief statement of reasons therefor in the rules issued7 that compliance with subsection 7c71 7d71 or 7e7 or requirements to render final determinations under subsection 7f7 of this section before the issuance of an interim rule is impracticable or contrary to the public interest1 including interests of national security1 such subsections or requirements to render final determinations shall not apply to the agency's adoption of an interim rule4 7,b7 ,if1 following compliance with subparagraph 7,a7 of this paragraph1 the agency adopts an interim rule1 it shall commence proceedings that comply fully with subsections 7d7 through 7f7 of this section immediately upon publication of the interim rule1 shall treat the publication of the interim rule as publication of a notice of proposed rule making and shall not be required to issue supplemental notice other than to complete full compliance with subsection 7d74 ,no less than #bgj days from publication of the interim rule 7or #ah months in the case of a major rule or high-impact rule71 the agency shall complete rule making under subsections 7d7 through 7f7 of this subsection and take final action to adopt a final rule or rescind the interim rule4 ,if the agency fails to take timely final action1 the interim rule will cease to have the effect of law4 7,c7 ,other than in cases involving interests of national security1 upon the agency's publication of an interim rule without compliance with subsection 7c71 7d71 or 7e7 or requirements to render final determinations under subsection 7f7 of this section1 an interested party may seek immediate judicial review under chapter #g of this title of the agency's determination to adopt such interim rule4 ,the record on such review shall include all documents and information considered by the agency and any additional information presented by a party that the court determines necessary to consider to assure justice4 7#c7 ,when the agency for good cause finds 7and incorporates the finding and a brief statement of reasons therefor in the rules issued7 that notice and public procedure thereon are unnecessary1 including because agency rule making is undertaken only to correct a de minimis technical or clerical error in a previously issued rule or for other noncontroversial purposes1 the agency may publish a rule without compliance with subsection 7c71 7d71 7e71 or 7f77#a7-7c7 and 7f77#d77;,b7-7,f74 ,if the agency receives significant adverse comment within #fj days after publication of the rule1 it shall treat the notice of the rule as a notice of proposed rule making and complete rule making in compliance with subsections 7d7 and 7f74 7h7 ,additional requirements for hearings ,when a hearing is required under subsection 7e7 or is otherwise required by statute or at the agency's discretion before adoption of a rule1 the agency shall comply with the requirements of sections #eef and #eeg in addition to the requirements of subsection 7f7 in adopting the rule and in providing notice of the rule's adoption4 7i7 ,date of publication of rule ,the required publication or service of a substantive final or interim rule shall be made not less than #cj days before the effective date of the rule1 except-- 7#a7 a substantive rule which grants or recognizes an exemption or relieves a restriction2 7#b7 interpretive rules and statements of policy2 or 7#c7 as otherwise provided by the agency for good cause found and published with the rule4 7j7 ,right ,to petition ,each agency shall give an interested person the right to petition for the issuance1 amendment1 or repeal of a rule4 7k7 ,rule making guidelines 7#a7 7,a7 ,the ,administrator of the ,office of ,information and ,regulatory ,affairs shall establish guidelines for the assessment1 including quantitative and qualitative assessment1 of the costs and benefits of proposed and final rules and other economic issues or issues related to risk that are relevant to rule making under this title4 ,the rigor of cost-benefit analysis required by such guidelines shall be commensurate1 in the ,administrator's determination1 with the economic impact of the rule4 7,b7 ,to ensure that agencies use the best available techniques to quantify and evaluate anticipated present and future benefits1 costs1 other economic issues1 and risks as accurately as possible1 the ,administrator of the ,office of ,information and ,regulatory ,affairs shall regularly update guidelines established under paragraph 7#a77;,a7 of this subsection4 7#b7 ,the ,administrator of the ,office of ,information and ,regulatory ,affairs shall also issue guidelines to promote coordination1 simplification and harmonization of agency rules during the rule making process and otherwise4 ,such guidelines shall assure that each agency avoids regulations that are inconsistent or incompatible with1 or duplicative of1 its other regulations and those of other ,federal agencies and drafts its regulations to be simple and easy to understand1 with the goal of minimizing the potential for uncertainty and litigation arising from such uncertainty4 7#c7 ,to ensure consistency in ,federal rule making1 the ,administrator of the ,office of ,information and ,regulatory ,affairs shall-- 7,a7 issue guidelines and otherwise take action to ensure that rule makings conducted in whole or in part under procedures specified in provisions of law other than those of subchapter ,,ii of this title conform to the fullest extent allowed by law with the procedures set forth in section #eec of this title2 and 7,b7 issue guidelines for the conduct of hearings under subsections #eec7;d77#d7 and #eec7;e7 of this section1 including to assure a reasonable opportunity for cross-examination4 ,each agency shall adopt regulations for the conduct of hearings consistent with the guidelines issued under this subparagraph4 7#d7 ,the ,administrator of the ,office of ,information and ,regulatory ,affairs shall issue guidelines pursuant to the ,information ,quality ,act to apply in rule making proceedings under sections #eec1 #eef1 and #eeg of this title4 ,in all cases1 such guidelines1 and the ,administrator's specific determinations regarding agency compliance with such guidelines1 shall be entitled to judicial deference4 7l7 ,inclusion in the record of certain documents and information ,the agency shall include in the record for a rule making1 and shall make available by electronic means and otherwise1 all documents and information prepared or considered by the agency during the proceeding1 including1 at the discretion of the ,president or the ,administrator of the ,office of ,information and ,regulatory ,affairs1 documents and information communicated by that ,office during consultation with the ,agency4 7m7 ,monetary policy exemption ,nothing in subsection 7b77#f71 subparagraphs 7,f7 and 7,g7 of subsection 7d77#a71 subsection 7e71 subsection 7f77#c71 and subparagraphs 7,c7 and 7,d7 of subsection 7f77#e7 shall apply to rule makings that concern monetary policy proposed or implemented by the ,board of ,governors of the ,federal ,reserve ,system or the ,federal ,open ,market ,committee4 4 #bjd4 ,agency guidance2 procedures to issue major guidance2 presidential authority to issue guidelines for issuance of guidance 7a7 ,in general ,chapter #e of title #e1 ,united ,states ,code1 is amended by inserting after section #eec the following new section3 #eec;a4 ,agency guidance2 procedures to issue major guidance2 authority to issue guidelines for issuance of guidance 7a7 ,before issuing any major guidance1 or guidance that involves a novel legal or policy issue arising out of statutory mandates1 an agency shall-- 7#a7 make and document a reasoned determination that-- 7,a7 assures that such guidance is understandable and complies with relevant statutory objectives and regulatory provisions 7including any statutory deadlines for agency action72 7,b7 summarizes the evidence and data on which the agency will base the guidance2 7,c7 identifies the costs and benefits 7including all costs to be considered during a rule making under section #eec7;b7 of this title7 of conduct conforming to such guidance and assures that such benefits justify such costs2 and 7,d7 describes alternatives to such guidance and their costs and benefits 7including all costs to be considered during a rule making under section #eec7;b7 of this title7 and explains why the agency rejected those alternatives2 and 7#b7 confer with the ,administrator of the ,office of ,information and ,regulatory ,affairs on the issuance of such guidance to assure that the guidance is reasonable1 understandable1 consistent with relevant statutory and regulatory provisions and requirements or practices of other agencies1 does not produce costs that are unjustified by the guidance's benefits1 and is otherwise appropriate4 ,upon issuing major guidance1 or guidance that involves a novel legal or policy issue arising out of statutory mandates1 the agency shall publish the documentation required by subparagraph 7#a7 by electronic means and otherwise4 7b7 ,agency guidance-- 7#a7 is not legally binding and may not be relied upon by an agency as legal grounds for agency action2 7#b7 shall state in a plain1 prominent and permanent manner that it is not legally binding2 and 7#c7 shall1 at the time it is issued or upon request1 be made available by the issuing agency to interested persons and the public by electronic means and otherwise4 ,agencies shall avoid the issuance of guidance that is inconsistent or incompatible with1 or duplicative of1 the agency's governing statutes or regulations1 with the goal of minimizing the potential for uncertainty and litigation arising from such uncertainty4 7c7 ,the ,administrator of the ,office of ,information and ,regulatory ,affairs shall have authority to issue guidelines for use by the agencies in the issuance of major guidance and other guidance4 ,such guidelines shall assure that each agency avoids issuing guidance documents that are inconsistent or incompatible with1 or duplicative of1 the law1 its other regulations1 or the regulations of other ,federal agencies and drafts its guidance documents to be simple and easy to understand1 with the goal of minimizing the potential for uncertainty and litigation arising from such uncertainty4 4 7b7 ,clerical amendment ,the table of sections for chapter #e of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to section #eec the following new item3 #eec;a4 ,agency guidance2 procedures to issue major guidance2 authority to issue guidelines for issuance of guidance4 4 #bje4 ,hearings2 presiding employees2 powers and duties2 burden of proof2 evidence2 record as basis of decision ,section #eef of title #e1 ,united ,states ,code1 is amended by striking subsection 7e7 and inserting the following3 7e7 7#a7 ,the transcript of testimony and exhibits1 together with all papers and requests filed in the proceeding1 constitutes the exclusive record for decision in accordance with section #eeg and shall be made available to the parties and the public by electronic means and1 upon payment of lawfully prescribed costs1 otherwise4 ,when an agency decision rests on official notice of a material fact not appearing in the evidence in the record1 a party is entitled1 on timely request1 to an opportunity to show the contrary4 7#b7 ,notwithstanding paragraph 7#a7 of this subsection1 in a proceeding held under this section pursuant to section #eec7;d77#d7 or #eec7;e71 the record for decision shall also include any information that is part of the record of proceedings under section #eec4 7f7 ,when an agency conducts rule making under this section and section #eeg directly after concluding proceedings upon an advance notice of proposed rule making under section #eec7;c71 the matters to be considered and determinations to be made shall include1 among other relevant matters and determinations1 the matters and determinations described in subsections 7b7 and 7f7 of section #eec4 7g7 ,upon receipt of a petition for a hearing under this section1 the agency shall grant the petition in the case of any major rule1 unless the agency reasonably determines that a hearing would not advance consideration of the rule or would1 in light of the need for agency action1 unreasonably delay completion of the rule making4 ,the agency shall publish its decision to grant or deny the petition when it renders the decision1 including an explanation of the grounds for decision4 ,the information contained in the petition shall in all cases be included in the administrative record4 ,this subsection shall not apply to rule makings that concern monetary policy proposed or implemented by the ,board of ,governors of the ,federal ,reserve ,system or the ,federal ,open ,market ,committee4 4 #bjf4 ,actions reviewable ,section #gjd of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking ,agency action made and inserting 7a7 ,agency action made2 and 7#b7 by adding at the end the following3 8,denial by an agency of a correction request or1 where administrative appeal is provided for1 denial of an appeal1 under an administrative mechanism described in subsection 7b77#b77;,b7 of the ,information ,quality ,act1 or the failure of an agency within #ij days to grant or deny such request or appeal1 shall be final action for purposes of this section4 7b7 ,other than in cases involving interests of national security1 notwithstanding subsection 7a7 of this section1 upon the agency's publication of an interim rule without compliance with section #eec7;c71 7d71 or 7e7 or requirements to render final determinations under subsection 7f7 of section #eec1 an interested party may seek immediate judicial review under this chapter of the agency's determination to adopt such rule on an interim basis4 ,review shall be limited to whether the agency abused its discretion to adopt the interim rule without compliance with section #eec7;c71 7d71 or 7e7 or without rendering final determinations under subsection 7f7 of section #eec4 4 #bjg4 ,scope of review ,section #gjf of title #e1 ,united ,states ,code is amended-- 7#a7 by striking ,to the extent necessary and inserting 7a7 ,to the extent necessary2 7#b7 in paragraph 7#b77;,a7 of subsection 7a7 7as designated by paragraph 7#a7 of this section71 by inserting after in accordance with law the following3 7including the ,information ,quality ,act72 and 7#c7 by adding at the end the following3 7b7 ,the court shall not defer to the agency's-- 7#a7 interpretation of an agency rule if the agency did not comply with the procedures of section #eec or sections #eef-eeg of chapter #e of this title to issue the interpretation2 7#b7 determination of the costs and benefits or other economic or risk assessment of the action1 if the agency failed to conform to guidelines on such determinations and assessments established by the ,administrator of the ,office of ,information and ,regulatory ,affairs under section #eec7k72 7#c7 determinations made in the adoption of an interim rule2 or 7#d7 guidance4 7c7 ,the court shall review agency denials of petitions under section #eec7;e77#f7 or any other petition for a hearing under sections #eef and #eeg for abuse of agency discretion4 4 #bjh4 ,added definition ,section #gja7;b7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking and at the end2 7#b7 in paragraph 7#b71 by striking the period at the end1 and inserting 2 and2 and 7#c7 by adding at the end the following3 7#c7 substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion in light of the record considered as a whole1 taking into account whatever in the record fairly detracts from the weight of the evidence relied upon by the agency to support its decision4 4 #bji4 ,effective date ,the amendments made by this title to-- 7#a7 sections #eec1 #eef1 and #gjd of title #e1 ,united ,states ,code2 7#b7 subsection 7b7 of section #gja of such title2 7#c7 paragraphs 7#b7 and 7#c7 of section #gjf7;b7 of such title2 and 7#d7 subsection 7c7 of section #gjf of such title1 shall not apply to any rule makings pending or completed on the date of enactment of this title4 ,,iii ,regulatory ,flexibility ,improvements ,act #cja4 ,short title ,this title may be cited as the ,regulatory ,flexibility ,improvements ,act of #bjad4 #cjb4 ,clarification and expansion of rules covered by the ,regulatory ,flexibility ,act 7a7 ,in general ,paragraph 7#b7 of section #fja of title #e1 ,united ,states ,code1 is amended to read as follows3 7#b7 ,rule ,the term rule has the meaning given such term in section #eea7d7 of this title1 except that such term does not include a rule pertaining to the protection of the rights of and benefits for veterans or a rule of particular 7and not general7 applicability relating to rates1 wages1 corporate or financial structures or reorganizations thereof1 prices1 facilities1 appliances1 services1 or allowances therefor or to valuations1 costs or accounting1 or practices relating to such rates1 wages1 structures1 prices1 appliances1 services1 or allowances4 4 7b7 ,inclusion of rules with indirect effects ,section #fja of title #e1 ,united ,states ,code1 is amended by adding at the end the following new paragraph3 7#i7 ,economic impact ,the term economic impact means1 with respect to a proposed or final rule-- 7,a7 any direct economic effect on small entities of such rule2 and 7,b7 any indirect economic effect 7including compliance costs and effects on revenue7 on small entities which is reasonably foreseeable and results from such rule 7without regard to whether small entities will be directly regulated by the rule74 4 7c7 ,inclusion of rules with beneficial effects 7#a7 ,initial regulatory flexibility analysis ,subsection 7c7 of section #fjc of title #e1 ,united ,states ,code1 is amended by striking the first sentence and inserting ,each initial regulatory flexibility analysis shall also contain a detailed description of alternatives to the proposed rule which minimize any adverse significant economic impact or maximize any beneficial significant economic impact on small entities44 7#b7 ,final regulatory flexibility analysis ,the first paragraph 7#f7 of section #fjd7;a7 of title #e1 ,united ,states ,code1 is amended by striking minimize the significant economic impact and inserting minimize the adverse significant economic impact or maximize the beneficial significant economic impact4 7d7 ,inclusion of rules affecting tribal organizations ,paragraph 7#e7 of section #fja of title #e1 ,united ,states ,code1 is amended by inserting and tribal organizations 7as defined in section #d7l7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b7l7771 after special districts14 7e7 ,inclusion of land management plans and formal rulemaking 7#a7 ,initial regulatory flexibility analysis ,subsection 7a7 of section #fjc of title #e1 ,united ,states ,code1 is amended in the first sentence-- 7,a7 by striking or after proposed rule12 and 7,b7 by inserting or publishes a revision or amendment to a land management plan1 after ,united ,states14 7#b7 ,final regulatory flexibility analysis ,subsection 7a7 of section #fjd of title #e1 ,united ,states ,code1 is amended in the first sentence-- 7,a7 by striking or after proposed rulemaking12 and 7,b7 by inserting or adopts a revision or amendment to a land management plan1 after section #fjc7;a714 7#c7 ,land management plan defined ,section #fja of title #e1 ,united ,states ,code1 is amended by adding at the end the following new paragraph3 7#aj7 ,land management plan 7,a7 ,in general ,the term land management plan means-- 7i7 any plan developed by the ,secretary of ,agriculture under section #f of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd72 and 7ii7 any plan developed by the ,secretary of the ,interior under section #bjb of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab74 7,b7 ,revision ,the term revision means any change to a land management plan which-- 7i7 in the case of a plan described in subparagraph 7,a77i71 is made under section #f7;f77#e7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd7;f77#e772 or 7ii7 in the case of a plan described in subparagraph 7,a77ii71 is made under section #afaj4e-f of title #dc1 ,code of ,federal ,regulations 7or any successor regulation74 7,c7 ,amendment ,the term amendment means any change to a land management plan which-- 7i7 in the case of a plan described in subparagraph 7,a77i71 is made under section #f7;f77#d7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd7;f77#d77 and with respect to which the ,secretary of ,agriculture prepares a statement described in section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c772 or 7ii7 in the case of a plan described in subparagraph 7,a77ii71 is made under section #afaj4e-e of title #dc1 ,code of ,federal ,regulations 7or any successor regulation7 and with respect to which the ,secretary of the ,interior prepares a statement described in section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c774 4 7f7 ,inclusion of certain interpretive rules involving the internal revenue laws 7#a7 ,in general ,subsection 7a7 of section #fjc of title #e1 ,united ,states ,code1 is amended by striking the period at the end and inserting or a recordkeeping requirement1 and without regard to whether such requirement is imposed by statute or regulation44 7#b7 ,collection of information ,paragraph 7#g7 of section #fja of title #e1 ,united ,states ,code1 is amended to read as follows3 7#g7 ,collection of information ,the term collection of information has the meaning given such term in section #cejb7c7 of title #dd4 4 7#c7 ,recordkeeping requirement ,paragraph 7#h7 of section #fja of title #e1 ,united ,states ,code1 is amended to read as follows3 7#h7 ,recordkeeping requirement ,the term recordkeeping requirement has the meaning given such term in section #cejb7ac7 of title #dd4 4 7g7 ,definition of small organization ,paragraph 7#d7 of section #fja of title #e1 ,united ,states ,code1 is amended to read as follows3 7#d7 ,small organization 7,a7 ,in general ,the term small organization means any not-for-profit enterprise which1 as of the issuance of the notice of proposed rulemaking-- 7i7 in the case of an enterprise which is described by a classification code of the ,north ,american ,industrial ,classification ,system1 does not exceed the size standard established by the ,administrator of the ,small ,business ,administration pursuant to section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7 for small business concerns described by such classification code2 and 7ii7 in the case of any other enterprise1 has a net worth that does not exceed #g1jjj1jjj and has not more than #ejj employees4 7,b7 ,local labor organizations ,in the case of any local labor organization1 subparagraph 7,a7 shall be applied without regard to any national or international organization of which such local labor organization is a part4 7,c7 ,agency definitions ,subparagraphs 7,a7 and 7,b7 shall not apply to the extent that an agency1 after consultation with the ,office of ,advocacy of the ,small ,business ,administration and after opportunity for public comment1 establishes one or more definitions for such term which are appropriate to the activities of the agency and publishes such definitions in the ,federal ,register4 4 #cjc4 ,expansion of report of regulatory agenda ,section #fjb of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by striking 1 and at the end and inserting 22 7,b7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7,c7 by inserting after paragraph 7#b7 the following3 7#c7 a brief description of the sector of the ,north ,american ,industrial ,classification ,system that is primarily affected by any rule which the agency expects to propose or promulgate which is likely to have a significant economic impact on a substantial number of small entities2 and 2 and 7#b7 in subsection 7c71 to read as follows3 7c7 ,each agency shall prominently display a plain language summary of the information contained in the regulatory flexibility agenda published under subsection 7a7 on its website within #c days of its publication in the ,federal ,register4 ,the ,office of ,advocacy of the ,small ,business ,administration shall compile and prominently display a plain language summary of the regulatory agendas referenced in subsection 7a7 for each agency on its website within #c days of their publication in the ,federal ,register4 4 #cjd4 ,requirements providing for more detailed analyses 7a7 ,initial regulatory flexibility analysis ,subsection 7b7 of section #fjc of title #e1 ,united ,states ,code1 is amended to read as follows3 7b7 ,each initial regulatory flexibility analysis required under this section shall contain a detailed statement-- 7#a7 describing the reasons why action by the agency is being considered2 7#b7 describing the objectives of1 and legal basis for1 the proposed rule2 7#c7 estimating the number and type of small entities to which the proposed rule will apply2 7#d7 describing the projected reporting1 recordkeeping1 and other compliance requirements of the proposed rule1 including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for preparation of the report and record2 7#e7 describing all relevant ,federal rules which may duplicate1 overlap1 or conflict with the proposed rule1 or the reasons why such a description could not be provided2 7#f7 estimating the additional cumulative economic impact of the proposed rule on small entities beyond that already imposed on the class of small entities by the agency or why such an estimate is not available2 7#g7 describing any disproportionate economic impact on small entities or a specific class of small entities2 and 7#h7 describing any impairment of the ability of small entities to have access to credit4 4 7b7 ,final regulatory flexibility analysis 7#a7 ,in general ,section #fjd7;a7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#d71 by striking an explanation and inserting a detailed explanation2 7,b7 in each of paragraphs 7#d71 7#e71 and the first paragraph 7#f71 by inserting detailed before description2 7,c7 in the second paragraph 7#f71 by striking the period and inserting 2 and2 7,d7 by redesignating the second paragraph 7#f7 as paragraph 7#g72 and 7,e7 by adding at the end the following3 7#h7 a detailed description of any disproportionate economic impact on small entities or a specific class of small entities4 4 7#b7 ,inclusion of response to comments on certification of proposed rule ,paragraph 7#b7 of section #fjd7;a7 of title #e1 ,united ,states ,code1 is amended by inserting 7or certification of the proposed rule under section #fje7;b77 after initial regulatory flexibility analysis4 7#c7 ,publication of analysis on website ,subsection 7b7 of section #fjd of title #e1 ,united ,states ,code1 is amended to read as follows3 7b7 ,the agency shall make copies of the final regulatory flexibility analysis available to the public1 including placement of the entire analysis on the agency's website1 and shall publish in the ,federal ,register the final regulatory flexibility analysis1 or a summary thereof which includes the telephone number1 mailing address1 and link to the website where the complete analysis may be obtained4 4 7c7 ,cross-,references to other analyses ,subsection 7a7 of section #fje of title #e1 ,united ,states ,code1 is amended to read as follows3 7a7 ,a ,federal agency shall be treated as satisfying any requirement regarding the content of an agenda or regulatory flexibility analysis under section #fjb1 #fjc1 or #fjd1 if such agency provides in such agenda or analysis a cross-reference to the specific portion of another agenda or analysis which is required by any other law and which satisfies such requirement4 4 7d7 ,certifications ,subsection 7b7 of section #fje of title #e1 ,united ,states ,code1 is amended-- 7#a7 by inserting detailed before statement the first place it appears2 and 7#b7 by inserting and legal after factual4 7e7 ,quantification requirements ,section #fjg of title #e1 ,united ,states ,code1 is amended to read as follows3 #fjg4 ,quantification requirements ,in complying with sections #fjc and #fjd1 an agency shall provide-- 7#a7 a quantifiable or numerical description of the effects of the proposed or final rule and alternatives to the proposed or final rule2 or 7#b7 a more general descriptive statement and a detailed statement explaining why quantification is not practicable or reliable4 4 #cje4 ,repeal of waiver and delay authority2 additional powers of the ,chief ,counsel for ,advocacy 7a7 ,in general ,section #fjh is amended to read as follows3 #fjh4 ,additional powers of ,chief ,counsel for ,advocacy 7a7 7#a7 ,not later than #bgj days after the date of the enactment of this section1 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration shall1 after opportunity for notice and comment under section #eec1 issue rules governing agency compliance with this chapter4 ,the ,chief ,counsel may modify or amend such rules after notice and comment under section #eec4 ,this chapter 7other than this subsection7 shall not apply with respect to the issuance1 modification1 and amendment of rules under this paragraph4 7#b7 ,an agency shall not issue rules which supplement the rules issued under subsection 7a7 unless such agency has first consulted with the ,chief ,counsel for ,advocacy to ensure that such supplemental rules comply with this chapter and the rules issued under paragraph 7#a74 7b7 ,notwithstanding any other law1 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration may intervene in any agency adjudication 7unless such agency is authorized to impose a fine or penalty under such adjudication71 and may inform the agency of the impact that any decision on the record may have on small entities4 ,the ,chief ,counsel shall not initiate an appeal with respect to any adjudication in which the ,chief ,counsel intervenes under this subsection4 7c7 ,the ,chief ,counsel for ,advocacy may file comments in response to any agency notice requesting comment1 regardless of whether the agency is required to file a general notice of proposed rulemaking under section #eec4 4 7b7 ,conforming amendments 7#a7 ,section #faa7;a77#a7 of such title is amended by striking #fjh7;b714 7#b7 ,section #faa7;a77#b7 of such title is amended by striking #fjh7;b714 7#c7 ,section #faa7;a77#c7 of such title is amended-- 7,a7 by striking subparagraph 7,b72 and 7,b7 by striking 7#c77;,a7 ,a small entity and inserting the following3 7#c7 ,a small entity 4 #cjf4 ,procedures for gathering comments ,section #fji of title #e1 ,united ,states ,code1 is amended by striking subsection 7b7 and all that follows through the end of the section and inserting the following3 7b7 7#a7 ,prior to publication of any proposed rule described in subsection 7e71 an agency making such rule shall notify the ,chief ,counsel for ,advocacy of the ,small ,business ,administration and provide the ,chief ,counsel with-- 7,a7 all materials prepared or utilized by the agency in making the proposed rule1 including the draft of the proposed rule2 and 7,b7 information on the potential adverse and beneficial economic impacts of the proposed rule on small entities and the type of small entities that might be affected4 7#b7 ,an agency shall not be required under paragraph 7#a7 to provide the exact language of any draft if the rule-- 7,a7 relates to the internal revenue laws of the ,united ,states2 or 7,b7 is proposed by an independent regulatory agency 7as defined in section #cejb7e7 of title #dd74 7c7 ,not later than #ae days after the receipt of such materials and information under subsection 7b71 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration shall-- 7#a7 identify small entities or representatives of small entities or a combination of both for the purpose of obtaining advice1 input1 and recommendations from those persons about the potential economic impacts of the proposed rule and the compliance of the agency with section #fjc2 and 7#b7 convene a review panel consisting of an employee from the ,office of ,advocacy of the ,small ,business ,administration1 an employee from the agency making the rule1 and in the case of an agency other than an independent regulatory agency 7as defined in section #cejb7e7 of title #dd71 an employee from the ,office of ,information and ,regulatory ,affairs of the ,office of ,management and ,budget to review the materials and information provided to the ,chief ,counsel under subsection 7b74 7d7 7#a7 ,not later than #fj days after the review panel described in subsection 7c77#b7 is convened1 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration shall1 after consultation with the members of such panel1 submit a report to the agency and1 in the case of an agency other than an independent regulatory agency 7as defined in section #cejb7e7 of title #dd71 the ,office of ,information and ,regulatory ,affairs of the ,office of ,management and ,budget4 7#b7 ,such report shall include an assessment of the economic impact of the proposed rule on small entities1 including an assessment of the proposed rule's impact on the cost that small entities pay for energy1 an assessment of the proposed rule's impact on start-up costs for small entities1 and a discussion of any alternatives that will minimize adverse significant economic impacts or maximize beneficial significant economic impacts on small entities4 7#c7 ,such report shall become part of the rulemaking record4 ,in the publication of the proposed rule1 the agency shall explain what actions1 if any1 the agency took in response to such report4 7e7 ,a proposed rule is described by this subsection if the ,administrator of the ,office of ,information and ,regulatory ,affairs of the ,office of ,management and ,budget1 the head of the agency 7or the delegatee of the head of the agency71 or an independent regulatory agency determines that the proposed rule is likely to result in-- 7#a7 an annual effect on the economy of #ajj1jjj1jjj or more2 7#b7 a major increase in costs or prices for consumers1 individual industries1 ,federal1 ,state1 or local governments1 tribal organizations1 or geographic regions2 7#c7 significant adverse effects on competition1 employment1 investment1 productivity1 innovation1 or on the ability of ,united ,states-based enterprises to compete with foreign-based enterprises in domestic and export markets2 or 7#d7 a significant economic impact on a substantial number of small entities4 7f7 ,upon application by the agency1 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration may waive the requirements of subsections 7b7 through 7e7 if the ,chief ,counsel determines that compliance with the requirements of such subsections are impracticable1 unnecessary1 or contrary to the public interest4 7g7 ,a small entity or a representative of a small entity may submit a request that the agency provide a copy of the report prepared under subsection 7d7 and all materials and information provided to the ,chief ,counsel for ,advocacy of the ,small ,business ,administration under subsection 7b74 ,the agency receiving such request shall provide the report1 materials and information to the requesting small entity or representative of a small entity not later than #aj business days after receiving such request1 except that the agency shall not disclose any information that is prohibited from disclosure to the public pursuant to section #eeb7;b7 of this title4 4 #cjg4 ,periodic review of rules ,section #faj of title #e1 ,united ,states ,code1 is amended to read as follows3 #faj4 ,periodic review of rules 7a7 ,not later than #ahj days after the enactment of this section1 each agency shall publish in the ,federal ,register and place on its website a plan for the periodic review of rules issued by the agency which the head of the agency determines have a significant economic impact on a substantial number of small entities4 ,such determination shall be made without regard to whether the agency performed an analysis under section #fjd4 ,the purpose of the review shall be to determine whether such rules should be continued without change1 or should be amended or rescinded1 consistent with the stated objectives of applicable statutes1 to minimize any adverse significant economic impacts or maximize any beneficial significant economic impacts on a substantial number of small entities4 ,such plan may be amended by the agency at any time by publishing the revision in the ,federal ,register and subsequently placing the amended plan on the agency's website4 7b7 ,the plan shall provide for the review of all such agency rules existing on the date of the enactment of this section within #aj years of the date of publication of the plan in the ,federal ,register and for review of rules adopted after the date of enactment of this section within #aj years after the publication of the final rule in the ,federal ,register4 ,if the head of the agency determines that completion of the review of existing rules is not feasible by the established date1 the head of the agency shall so certify in a statement published in the ,federal ,register and may extend the review for not longer than #b years after publication of notice of extension in the ,federal ,register4 ,such certification and notice shall be sent to the ,chief ,counsel for ,advocacy of the ,small ,business ,administration and the ,congress4 7c7 ,the plan shall include a section that details how an agency will conduct outreach to and meaningfully include small businesses 7including small business concerns owned and controlled by women1 small business concerns owned and controlled by veterans1 and small business concerns owned and controlled by socially and economically disadvantaged individuals 7as such terms are defined in the ,small ,business ,act77 for the purposes of carrying out this section4 ,the agency shall include in this section a plan for how the agency will contact small businesses and gather their input on existing agency rules4 7d7 ,each agency shall annually submit a report regarding the results of its review pursuant to such plan to the ,congress1 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration1 and1 in the case of agencies other than independent regulatory agencies 7as defined in section #cejb7e7 of title #dd7 to the ,administrator of the ,office of ,information and ,regulatory ,affairs of the ,office of ,management and ,budget4 ,such report shall include the identification of any rule with respect to which the head of the agency made a determination described in paragraph 7#e7 or 7#f7 of subsection 7e7 and a detailed explanation of the reasons for such determination4 7e7 ,in reviewing a rule pursuant to subsections 7a7 through 7d71 the agency shall amend or rescind the rule to minimize any adverse significant economic impact on a substantial number of small entities or disproportionate economic impact on a specific class of small entities1 or maximize any beneficial significant economic impact of the rule on a substantial number of small entities to the greatest extent possible1 consistent with the stated objectives of applicable statutes4 ,in amending or rescinding the rule1 the agency shall consider the following factors3 7#a7 ,the continued need for the rule4 7#b7 ,the nature of complaints received by the agency from small entities concerning the rule4 7#c7 ,comments by the ,regulatory ,enforcement ,ombudsman and the ,chief ,counsel for ,advocacy of the ,small ,business ,administration4 7#d7 ,the complexity of the rule4 7#e7 ,the extent to which the rule overlaps1 duplicates1 or conflicts with other ,federal rules and1 unless the head of the agency determines it to be infeasible1 ,state1 territorial1 and local rules4 7#f7 ,the contribution of the rule to the cumulative economic impact of all ,federal rules on the class of small entities affected by the rule1 unless the head of the agency determines that such calculations cannot be made and reports that determination in the annual report required under subsection 7d74 7#g7 ,the length of time since the rule has been evaluated or the degree to which technology1 economic conditions1 or other factors have changed in the area affected by the rule4 7f7 ,each year1 each agency shall publish in the ,federal ,register and on its website a list of rules to be reviewed pursuant to such plan4 ,the agency shall include in the publication a solicitation of public comments on any further inclusions or exclusions of rules from the list1 and shall respond to such comments4 ,such publication shall include a brief description of the rule1 the reason why the agency determined that it has a significant economic impact on a substantial number of small entities 7without regard to whether it had prepared a final regulatory flexibility analysis for the rule71 and request comments from the public1 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration1 and the ,regulatory ,enforcement ,ombudsman concerning the enforcement of the rule4 4 #cjh4 ,judicial review of compliance with the requirements of the ,regulatory ,flexibility ,act available after publication of the final rule 7a7 ,in general ,paragraph 7#a7 of section #faa7;a7 of title #e1 ,united ,states ,code1 is amended by striking final agency action and inserting such rule4 7b7 ,jurisdiction ,paragraph 7#b7 of such section is amended by inserting 7or which would have such jurisdiction if publication of the final rule constituted final agency action7 after provision of law14 7c7 ,time for bringing action ,paragraph 7#c7 of such section is amended-- 7#a7 by striking final agency action and inserting publication of the final rule2 and 7#b7 by inserting 1 in the case of a rule for which the date of final agency action is the same date as the publication of the final rule1 after except that4 7d7 ,intervention by ,chief ,counsel for ,advocacy ,subsection 7b7 of section #fab of title #e1 ,united ,states ,code1 is amended by inserting before the first period or agency compliance with section #fja1 #fjc1 #fjd1 #fje7;b71 #fji1 or #faj4 #cji4 ,jurisdiction of court of appeals over rules implementing the ,regulatory ,flexibility ,act 7a7 ,in general ,section #bcdb of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#f71 by striking and at the end2 7#b7 in paragraph 7#g71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after paragraph 7#g7 the following new paragraph3 7#h7 all final rules under section #fjh7;a7 of title #e4 4 7b7 ,conforming amendments ,paragraph 7#c7 of section #bcda of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,d71 by striking and at the end2 7#b7 in subparagraph 7,e71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new subparagraph3 7,f7 the ,office of ,advocacy of the ,small ,business ,administration1 when the final rule is under section #fjh7;a7 of title #e4 4 7c7 ,authorization ,to intervene and comment on agency compliance with administrative procedure ,subsection 7b7 of section #fab of title #e1 ,united ,states ,code1 is amended by inserting chapter #e1 and chapter #g1 after this chapter14 #caj4 ,establishment and approval of small business concern size standards by ,chief ,counsel for ,advocacy 7a7 ,in general ,subparagraph 7,a7 of section #c7;a77#b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a77#b77;,a77 is amended to read as follows3 7,a7 ,in general ,in addition to the criteria specified in paragraph 7#a7-- 7i7 the ,administrator may specify detailed definitions or standards by which a business concern may be determined to be a small business concern for purposes of this ,act or the ,small ,business ,investment ,act of #aieh2 and 7ii7 the ,chief ,counsel for ,advocacy may specify such definitions or standards for purposes of any other ,act4 4 7b7 ,approval by chief counsel ,clause 7iii7 of section #c7;a77#b77;,c7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a77#b77;,c77iii77 is amended to read as follows3 7iii7 except in the case of a size standard prescribed by the ,administrator1 is approved by the ,chief ,counsel for ,advocacy4 4 7c7 ,industry variation ,paragraph 7#c7 of section #c7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a77#c77 is amended-- 7#a7 by inserting or ,chief ,counsel for ,advocacy1 as appropriate before shall ensure2 and 7#b7 by inserting or ,chief ,counsel for ,advocacy before the period at the end4 7d7 ,judicial review of size standards approved by chief counsel ,section #c7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a77 is amended by adding at the end the following new paragraph3 7#i7 ,judicial review of standards approved by chief counsel ,in the case of an action for judicial review of a rule which includes a definition or standard approved by the ,chief ,counsel for ,advocacy under this subsection1 the party seeking such review shall be entitled to join the ,chief ,counsel as a party in such action4 4 #caa4 ,clerical amendments 7a7 ,definitions ,section #fja of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking the semicolon at the end and inserting a period2 and 7,b7 by striking 7#a7 the term and inserting the following3 7#a7 ,agency ,the term 2 7#b7 in paragraph 7#c7-- 7,a7 by striking the semicolon at the end and inserting a period2 and 7,b7 by striking 7#c7 the term and inserting the following3 7#c7 ,small business ,the term 2 7#c7 in paragraph 7#e7-- 7,a7 by striking the semicolon at the end and inserting a period2 and 7,b7 by striking 7#e7 the term and inserting the following3 7#e7 ,small governmental jurisdiction ,the term 2 and 7#d7 in paragraph 7#f7-- 7,a7 by striking 2 and and inserting a period2 and 7,b7 by striking 7#f7 the term and inserting the following3 7#f7 ,small entity ,the term 4 7b7 ,incorporations by reference and certifications ,the heading of section #fje of title #e1 ,united ,states ,code1 is amended to read as follows3 #fje4 ,incorporations by reference and certifications 4 7c7 ,table of sections ,the table of sections for chapter #f of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking the item relating to section #fje and inserting the following new item3 #fje4 ,incorporations by reference and certifications4 2 7#b7 by striking the item relating to section #fjg and inserting the following new item3 #fjg4 ,quantification requirements4 2 and 7#c7 by striking the item relating to section #fjh and inserting the following3 #fjh4 ,additional powers of ,chief ,counsel for ,advocacy4 4 7d7 ,other clerical amendments to chapter #f ,chapter #f of title #e1 ,united ,states ,code1 is amended in section #fjc7;d7-- 7#a7 by striking paragraph 7#b72 7#b7 by striking 7#a7 ,for a covered agency1 and inserting ,for a covered agency12 7#c7 by striking 7,a7 any and inserting 7#a7 any2 7#d7 by striking 7,b7 any and inserting 7#b7 any2 and 7#e7 by striking 7,c7 advice and inserting 7#c7 advice4 #cab4 ,agency preparation of guides ,section #bab7;a77#e7 the ,small ,business ,regulatory ,enforcement ,fairness ,act of #aiif 7#e ,u4,s4,c4 #fja note7 is amended to read as follows3 7#e7 ,agency preparation of guides ,the agency shall1 in its sole discretion1 taking into account the subject matter of the rule and the language of relevant statutes1 ensure that the guide is written using sufficiently plain language likely to be understood by affected small entities4 ,agencies may prepare separate guides covering groups or classes of similarly affected small entities and may cooperate with associations of small entities to distribute such guides4 ,in developing guides1 agencies shall solicit input from affected small entities or associations of affected small entities4 ,an agency may prepare guides and apply this section with respect to a rule or a group of related rules4 4 #cac4 ,comptroller ,general report ,not later than #ij days after the date of enactment of this title1 the ,comptroller ,general of the ,united ,states shall complete and publish a study that examines whether the ,chief ,counsel for ,advocacy of the ,small ,business ,administration has the capacity and resources to carry out the duties of the ,chief ,counsel under this title and the amendments made by this title4 ,,iv ,sunshine for ,regulatory ,decrees and ,settlements ,act #dja4 ,short title ,this title may be cited as the ,sunshine for ,regulatory ,decrees and ,settlements ,act of #bjad4 #djb4 ,definitions ,in this title-- 7#a7 the terms agency and agency action have the meanings given those terms under section #eea of title #e1 ,united ,states ,code2 7#b7 the term covered civil action means a civil action-- 7,a7 seeking to compel agency action2 7,b7 alleging that the agency is unlawfully withholding or unreasonably delaying an agency action relating to a regulatory action that would affect the rights of-- 7i7 private persons other than the person bringing the action2 or 7ii7 a ,state1 local1 or tribal government2 and 7,c7 brought under-- 7i7 chapter #g of title #e1 ,united ,states ,code2 or 7ii7 any other statute authorizing such an action2 7#c7 the term covered consent decree means-- 7,a7 a consent decree entered into in a covered civil action2 and 7,b7 any other consent decree that requires agency action relating to a regulatory action that affects the rights of-- 7i7 private persons other than the person bringing the action2 or 7ii7 a ,state1 local1 or tribal government2 7#d7 the term covered consent decree or settlement agreement means a covered consent decree and a covered settlement agreement2 and 7#e7 the term covered settlement agreement means-- 7,a7 a settlement agreement entered into in a covered civil action2 and 7,b7 any other settlement agreement that requires agency action relating to a regulatory action that affects the rights of-- 7i7 private persons other than the person bringing the action2 or 7ii7 a ,state1 local1 or tribal government4 #djc4 ,consent decree and settlement reform 7a7 ,pleadings and preliminary matters 7#a7 ,in general ,in any covered civil action1 the agency against which the covered civil action is brought shall publish the notice of intent to sue and the complaint in a readily accessible manner1 including by making the notice of intent to sue and the complaint available online not later than #ae days after receiving service of the notice of intent to sue or complaint1 respectively4 7#b7 ,entry of a covered consent decree or settlement agreement ,a party may not make a motion for entry of a covered consent decree or to dismiss a civil action pursuant to a covered settlement agreement until after the end of proceedings in accordance with paragraph 7#a7 and subparagraphs 7,a7 and 7,b7 of paragraph 7#b7 of subsection 7d7 or subsection 7d77#c77;,a71 whichever is later4 7b7 ,intervention 7#a7 ,rebuttable presumption ,in considering a motion to intervene in a covered civil action or a civil action in which a covered consent decree or settlement agreement has been proposed that is filed by a person who alleges that the agency action in dispute would affect the person1 the court shall presume1 subject to rebuttal1 that the interests of the person would not be represented adequately by the existing parties to the action4 7#b7 ,state1 local1 and tribal governments ,in considering a motion to intervene in a covered civil action or a civil action in which a covered consent decree or settlement agreement has been proposed that is filed by a ,state1 local1 or tribal government1 the court shall take due account of whether the movant-- 7,a7 administers jointly with an agency that is a defendant in the action the statutory provisions that give rise to the regulatory action to which the action relates2 or 7,b7 administers an authority under ,state1 local1 or tribal law that would be preempted by the regulatory action to which the action relates4 7c7 ,settlement negotiations ,efforts to settle a covered civil action or otherwise reach an agreement on a covered consent decree or settlement agreement shall-- 7#a7 be conducted pursuant to the mediation or alternative dispute resolution program of the court or by a district judge other than the presiding judge1 magistrate judge1 or special master1 as determined appropriate by the presiding judge2 and 7#b7 include any party that intervenes in the action4 7d7 ,publication of and comment on covered consent decrees or settlement agreements 7#a7 ,in general ,not later than #fj days before the date on which a covered consent decree or settlement agreement is filed with a court1 the agency seeking to enter the covered consent decree or settlement agreement shall publish in the ,federal ,register and online-- 7,a7 the proposed covered consent decree or settlement agreement2 and 7,b7 a statement providing-- 7i7 the statutory basis for the covered consent decree or settlement agreement2 and 7ii7 a description of the terms of the covered consent decree or settlement agreement1 including whether it provides for the award of attorneys' fees or costs and1 if so1 the basis for including the award4 7#b7 ,public comment 7,a7 ,in general ,an agency seeking to enter a covered consent decree or settlement agreement shall accept public comment during the period described in paragraph 7#a7 on any issue relating to the matters alleged in the complaint in the applicable civil action or addressed or affected by the proposed covered consent decree or settlement agreement4 7,b7 ,response to comments ,an agency shall respond to any comment received under subparagraph 7,a74 7,c7 ,submissions to court ,when moving that the court enter a proposed covered consent decree or settlement agreement or for dismissal pursuant to a proposed covered consent decree or settlement agreement1 an agency shall-- 7i7 inform the court of the statutory basis for the proposed covered consent decree or settlement agreement and its terms2 7ii7 submit to the court a summary of the comments received under subparagraph 7,a7 and the response of the agency to the comments2 7iii7 submit to the court a certified index of the administrative record of the notice and comment proceeding2 and 7iv7 make the administrative record described in clause 7iii7 fully accessible to the court4 7,d7 ,inclusion in record ,the court shall include in the court record for a civil action the certified index of the administrative record submitted by an agency under subparagraph 7,c77iii7 and any documents listed in the index which any party or amicus curiae appearing before the court in the action submits to the court4 7#c7 ,public hearings permitted 7,a7 ,in general ,after providing notice in the ,federal ,register and online1 an agency may hold a public hearing regarding whether to enter into a proposed covered consent decree or settlement agreement4 7,b7 ,record ,if an agency holds a public hearing under subparagraph 7,a7-- 7i7 the agency shall-- 7,i7 submit to the court a summary of the proceedings2 7,,ii7 submit to the court a certified index of the hearing record2 and 7,,iii7 provide access to the hearing record to the court2 and 7ii7 the full hearing record shall be included in the court record4 7#d7 ,mandatory deadlines ,if a proposed covered consent decree or settlement agreement requires an agency action by a date certain1 the agency shall1 when moving for entry of the covered consent decree or settlement agreement or dismissal based on the covered consent decree or settlement agreement1 inform the court of-- 7,a7 any required regulatory action the agency has not taken that the covered consent decree or settlement agreement does not address2 7,b7 how the covered consent decree or settlement agreement1 if approved1 would affect the discharge of the duties described in subparagraph 7,a72 and 7,c7 why the effects of the covered consent decree or settlement agreement on the manner in which the agency discharges its duties is in the public interest4 7e7 ,submission by the ,government 7#a7 ,in general ,for any proposed covered consent decree or settlement agreement that contains a term described in paragraph 7#b71 the ,attorney ,general or1 if the matter is being litigated independently by an agency1 the head of the agency shall submit to the court a certification that the ,attorney ,general or head of the agency approves the proposed covered consent decree or settlement agreement4 ,the ,attorney ,general or head of the agency shall personally sign any certification submitted under this paragraph4 7#b7 ,terms ,a term described in this paragraph is-- 7,a7 in the case of a covered consent decree1 a term that-- 7i7 converts into a nondiscretionary duty a discretionary authority of an agency to propose1 promulgate1 revise1 or amend regulations2 7ii7 commits an agency to expend funds that have not been appropriated and that have not been budgeted for the regulatory action in question2 7iii7 commits an agency to seek a particular appropriation or budget authorization2 7iv7 divests an agency of discretion committed to the agency by statute or the ,constitution of the ,united ,states1 without regard to whether the discretion was granted to respond to changing circumstances1 to make policy or managerial choices1 or to protect the rights of third parties2 or 7v7 otherwise affords relief that the court could not enter under its own authority upon a final judgment in the civil action2 or 7,b7 in the case of a covered settlement agreement1 a term-- 7i7 that provides a remedy for a failure by the agency to comply with the terms of the covered settlement agreement other than the revival of the civil action resolved by the covered settlement agreement2 and 7ii7 that-- 7,i7 interferes with the authority of an agency to revise1 amend1 or issue rules under the procedures set forth in chapter #e of title #e1 ,united ,states ,code1 or any other statute or ,executive order prescribing rulemaking procedures for a rulemaking that is the subject of the covered settlement agreement2 7,,ii7 commits the agency to expend funds that have not been appropriated and that have not been budgeted for the regulatory action in question2 or 7,,iii7 for such a covered settlement agreement that commits the agency to exercise in a particular way discretion which was committed to the agency by statute or the ,constitution of the ,united ,states to respond to changing circumstances1 to make policy or managerial choices1 or to protect the rights of third parties4 7f7 ,review by court 7#a7 ,amicus ,a court considering a proposed covered consent decree or settlement agreement shall presume1 subject to rebuttal1 that it is proper to allow amicus participation relating to the covered consent decree or settlement agreement by any person who filed public comments or participated in a public hearing on the covered consent decree or settlement agreement under paragraph 7#b7 or 7#c7 of subsection 7d74 7#b7 ,review of deadlines 7,a7 ,proposed covered consent decrees ,for a proposed covered consent decree1 a court shall not approve the covered consent decree unless the proposed covered consent decree allows sufficient time and incorporates adequate procedures for the agency to comply with chapter #e of title #e1 ,united ,states ,code1 and other applicable statutes that govern rulemaking and1 unless contrary to the public interest1 the provisions of any ,executive order that governs rulemaking4 7,b7 ,proposed covered settlement agreements ,for a proposed covered settlement agreement1 a court shall ensure that the covered settlement agreement allows sufficient time and incorporates adequate procedures for the agency to comply with chapter #e of title #e1 ,united ,states ,code1 and other applicable statutes that govern rulemaking and1 unless contrary to the public interest1 the provisions of any ,executive order that governs rulemaking4 7g7 ,annual reports ,each agency shall submit to ,congress an annual report that1 for the year covered by the report1 includes-- 7#a7 the number1 identity1 and content of covered civil actions brought against and covered consent decrees or settlement agreements entered against or into by the agency2 and 7#b7 a description of the statutory basis for-- 7,a7 each covered consent decree or settlement agreement entered against or into by the agency2 and 7,b7 any award of attorneys fees or costs in a civil action resolved by a covered consent decree or settlement agreement entered against or into by the agency4 #djd4 ,motions to modify consent decrees ,if an agency moves a court to modify a covered consent decree or settlement agreement and the basis of the motion is that the terms of the covered consent decree or settlement agreement are no longer fully in the public interest due to the obligations of the agency to fulfill other duties or due to changed facts and circumstances1 the court shall review the motion and the covered consent decree or settlement agreement de novo4 #dje4 ,effective date ,this title shall apply to-- 7#a7 any covered civil action filed on or after the date of enactment of this title2 and 7#b7 any covered consent decree or settlement agreement proposed to a court on or after the date of enactment of this title4 ,,iv ,judiciary ,i ,regulations ,from the ,executive in ,need of ,scrutiny #aja4 ,short title ,this title may be cited as the ,regulations ,from the ,executive in ,need of ,scrutiny ,act of #bjad4 #ajb4 ,purpose ,the purpose of this title is to increase accountability for and transparency in the ,federal regulatory process4 ,section #a of article ,i of the ,united ,states ,constitution grants all legislative powers to ,congress4 ,over time1 ,congress has excessively delegated its constitutional charge while failing to conduct appropriate oversight and retain accountability for the content of the laws it passes4 ,by requiring a vote in ,congress1 the ,,reins ,act will result in more carefully drafted and detailed legislation1 an improved regulatory process1 and a legislative branch that is truly accountable to the ,american people for the laws imposed upon them4 ,moreover1 as a tax on carbon emissions increases energy costs on consumers1 reduces economic growth and is therefore detrimental to individuals1 families and businesses1 the ,,reins ,act includes in the definition of a major rule1 any rule that implements or provides for the imposition or collection of a tax on carbon emissions4 #ajc4 ,congressional review of agency rulemaking ,chapter #h of title #e1 ,united ,states ,code1 is amended to read as follows3 #h ,congressional ,review of ,agency ,rulemaking ,sec4 #hja4 ,congressional review4 #hjb4 ,congressional approval procedure for major rules4 #hjc4 ,congressional disapproval procedure for nonmajor rules4 #hjd4 ,definitions4 #hje4 ,judicial review4 #hjf4 ,exemption for monetary policy4 #hjg4 ,effective date of certain rules4 #hja4 ,congressional review 7a7 7#a7 7,a7 ,before a rule may take effect1 the ,federal agency promulgating such rule shall submit to each ,house of the ,congress and to the ,comptroller ,general a report containing-- 7i7 a copy of the rule2 7ii7 a concise general statement relating to the rule2 7iii7 a classification of the rule as a major or nonmajor rule1 including an explanation of the classification specifically addressing each criteria for a major rule contained within clauses 7i7 through 7iii7 of section #hjd7b77;,a7 or within section #hjd7b77;,b72 7iv7 a list of any other related regulatory actions taken by or that will be taken by the ,federal agency promulgating the rule that are intended to implement the same statutory provision or regulatory objective as well as the individual and aggregate economic effects of those actions2 7v7 a list of any other related regulatory actions taken by or that will be taken by any other ,federal agency with authority to implement the same statutory provision or regulatory objective that are intended to implement such provision or objective1 of which the ,federal agency promulgating the rule is aware1 as well as the individual and aggregate economic effects of those actions2 and 7vi7 the proposed effective date of the rule4 7,b7 ,on the date of the submission of the report under subparagraph 7,a71 the ,federal agency promulgating the rule shall submit to the ,comptroller ,general and make available to each ,house of ,congress-- 7i7 a complete copy of the cost-benefit analysis of the rule1 if any1 including an analysis of any jobs added or lost1 differentiating between public and private sector jobs2 7ii7 the agency's actions pursuant to sections #fjc1 #fjd1 #fje1 #fjg1 and #fji of this title2 7iii7 the agency's actions pursuant to sections #bjb1 #bjc1 #bjd1 and #bje of the ,unfunded ,mandates ,reform ,act of #aiie2 and 7iv7 any other relevant information or requirements under any other ,act and any relevant ,executive orders4 7,c7 ,upon receipt of a report submitted under subparagraph 7,a71 each ,house shall provide copies of the report to the chairman and ranking member of each standing committee with jurisdiction under the rules of the ,house of ,representatives or the ,senate to report a bill to amend the provision of law under which the rule is issued4 7#b7 7,a7 ,the ,comptroller ,general shall provide a report on each major rule to the committees of jurisdiction by the end of #ae calendar days after the submission or publication date4 ,the report of the ,comptroller ,general shall include an assessment of the agency's compliance with procedural steps required by paragraph 7#a77;,b7 and an assessment of whether the major rule imposes any new limits or mandates on private-sector activity4 7,b7 ,federal agencies shall cooperate with the ,comptroller ,general by providing information relevant to the ,comptroller ,general's report under subparagraph 7,a74 7#c7 ,a major rule relating to a report submitted under paragraph 7#a7 shall take effect upon enactment of a joint resolution of approval described in section #hjb or as provided for in the rule following enactment of a joint resolution of approval described in section #hjb1 whichever is later4 7#d7 ,a nonmajor rule shall take effect as provided by section #hjc after submission to ,congress under paragraph 7#a74 7#e7 ,if a joint resolution of approval relating to a major rule is not enacted within the period provided in subsection 7b77#b71 then a joint resolution of approval relating to the same rule may not be considered under this chapter in the same ,congress by either the ,house of ,representatives or the ,senate4 7b7 7#a7 ,a major rule shall not take effect unless the ,congress enacts a joint resolution of approval described under section #hjb4 7#b7 ,if a joint resolution described in subsection 7a7 is not enacted into law by the end of #gj session days or legislative days1 as applicable1 beginning on the date on which the report referred to in section #hja7;a77#a77;,a7 is received by ,congress 7excluding days either ,house of ,congress is adjourned for more than #c days during a session of ,congress71 then the rule described in that resolution shall be deemed not to be approved and such rule shall not take effect4 7c7 7#a7 ,notwithstanding any other provision of this section 7except subject to paragraph 7#c771 a major rule may take effect for one #ij-;calendar-day period if the ,president makes a determination under paragraph 7#b7 and submits written notice of such determination to the ,congress4 7#b7 ,paragraph 7#a7 applies to a determination made by the ,president by ,executive order that the major rule should take effect because such rule is-- 7,a7 necessary because of an imminent threat to health or safety or other emergency2 7,b7 necessary for the enforcement of criminal laws2 7,c7 necessary for national security2 or 7,d7 issued pursuant to any statute implementing an international trade agreement4 7#c7 ,an exercise by the ,president of the authority under this subsection shall have no effect on the procedures under section #hjb4 7d7 7#a7 ,in addition to the opportunity for review otherwise provided under this chapter1 in the case of any rule for which a report was submitted in accordance with subsection 7a77#a77;,a7 during the period beginning on the date occurring-- 7,a7 in the case of the ,senate1 #fj session days1 or 7,b7 in the case of the ,house of ,representatives1 #fj legislative days1 before the date the ,congress is scheduled to adjourn a session of ,congress through the date on which the same or succeeding ,congress first convenes its next session1 sections #hjb and #hjc shall apply to such rule in the succeeding session of ,congress4 7#b7 7,a7 ,in applying sections #hjb and #hjc for purposes of such additional review1 a rule described under paragraph 7#a7 shall be treated as though-- 7i7 such rule were published in the ,federal ,register on-- 7,i7 in the case of the ,senate1 the #aeth session day1 or 7,,ii7 in the case of the ,house of ,representatives1 the #aeth legislative day1 after the succeeding session of ,congress first convenes2 and 7ii7 a report on such rule were submitted to ,congress under subsection 7a77#a7 on such date4 7,b7 ,nothing in this paragraph shall be construed to affect the requirement under subsection 7a77#a7 that a report shall be submitted to ,congress before a rule can take effect4 7#c7 ,a rule described under paragraph 7#a7 shall take effect as otherwise provided by law 7including other subsections of this section74 #hjb4 ,congressional approval procedure for major rules 7a7 7#a7 ,for purposes of this section1 the term joint resolution means only a joint resolution addressing a report classifying a rule as major pursuant to section #hja7;a77#a77;,a77iii7 that-- 7,a7 bears no preamble2 7,b7 bears the following title 7with blanks filled as appropriate73 ,approving the rule submitted by relating to 42 7,c7 includes after its resolving clause only the following 7with blanks filled as appropriate73 ,that ,congress approves the rule submitted by relating to 42 and 7,d7 is introduced pursuant to paragraph 7#b74 7#b7 ,after a ,house of ,congress receives a report classifying a rule as major pursuant to section #hja7;a77#a77;,a77iii71 the majority leader of that ,house 7or his or her respective designee7 shall introduce 7by request1 if appropriate7 a joint resolution described in paragraph 7#a7-- 7,a7 in the case of the ,house of ,representatives1 within three legislative days2 and 7,b7 in the case of the ,senate1 within three session days4 7#c7 ,a joint resolution described in paragraph 7#a7 shall not be subject to amendment at any stage of proceeding4 7b7 ,a joint resolution described in subsection 7a7 shall be referred in each ,house of ,congress to the committees having jurisdiction over the provision of law under which the rule is issued4 7c7 ,in the ,senate1 if the committee or committees to which a joint resolution described in subsection 7a7 has been referred have not reported it at the end of #ae session days after its introduction1 such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar4 ,a vote on final passage of the resolution shall be taken on or before the close of the #aeth session day after the resolution is reported by the committee or committees to which it was referred1 or after such committee or committees have been discharged from further consideration of the resolution4 7d7 7#a7 ,in the ,senate1 when the committee or committees to which a joint resolution is referred have reported1 or when a committee or committees are discharged 7under subsection 7c77 from further consideration of a joint resolution described in subsection 7a71 it is at any time thereafter in order 7even though a previous motion to the same effect has been disagreed to7 for a motion to proceed to the consideration of the joint resolution1 and all points of order against the joint resolution 7and against consideration of the joint resolution7 are waived4 ,the motion is not subject to amendment1 or to a motion to postpone1 or to a motion to proceed to the consideration of other business4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 ,if a motion to proceed to the consideration of the joint resolution is agreed to1 the joint resolution shall remain the unfinished business of the ,senate until disposed of4 7#b7 ,in the ,senate1 debate on the joint resolution1 and on all debatable motions and appeals in connection therewith1 shall be limited to not more than #b hours1 which shall be divided equally between those favoring and those opposing the joint resolution4 ,a motion to further limit debate is in order and not debatable4 ,an amendment to1 or a motion to postpone1 or a motion to proceed to the consideration of other business1 or a motion to recommit the joint resolution is not in order4 7#c7 ,in the ,senate1 immediately following the conclusion of the debate on a joint resolution described in subsection 7a71 and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the ,senate1 the vote on final passage of the joint resolution shall occur4 7#d7 ,appeals from the decisions of the ,chair relating to the application of the rules of the ,senate to the procedure relating to a joint resolution described in subsection 7a7 shall be decided without debate4 7e7 ,in the ,house of ,representatives1 if any committee to which a joint resolution described in subsection 7a7 has been referred has not reported it to the ,house at the end of #ae legislative days after its introduction1 such committee shall be discharged from further consideration of the joint resolution1 and it shall be placed on the appropriate calendar4 ,on the second and fourth ,thursdays of each month it shall be in order at any time for the ,speaker to recognize a ,member who favors passage of a joint resolution that has appeared on the calendar for at least #e legislative days to call up that joint resolution for immediate consideration in the ,house without intervention of any point of order4 ,when so called up a joint resolution shall be considered as read and shall be debatable for #a hour equally divided and controlled by the proponent and an opponent1 and the previous question shall be considered as ordered to its passage without intervening motion4 ,it shall not be in order to reconsider the vote on passage4 ,if a vote on final passage of the joint resolution has not been taken by the third ,thursday on which the ,speaker may recognize a ,member under this subsection1 such vote shall be taken on that day4 7f7 7#a7 ,if1 before passing a joint resolution described in subsection 7a71 one ,house receives from the other a joint resolution having the same text1 then-- 7,a7 the joint resolution of the other ,house shall not be referred to a committee2 and 7,b7 the procedure in the receiving ,house shall be the same as if no joint resolution had been received from the other ,house until the vote on passage1 when the joint resolution received from the other ,house shall supplant the joint resolution of the receiving ,house4 7#b7 ,this subsection shall not apply to the ,house of ,representatives if the joint resolution received from the ,senate is a revenue measure4 7g7 ,if either ,house has not taken a vote on final passage of the joint resolution by the last day of the period described in section #hja7;b77#b71 then such vote shall be taken on that day4 7h7 ,this section and section #hjc are enacted by ,congress-- 7#a7 as an exercise of the rulemaking power of the ,senate and ,house of ,representatives1 respectively1 and as such is deemed to be part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in that ,house in the case of a joint resolution described in subsection 7a7 and superseding other rules only where explicitly so2 and 7#b7 with full recognition of the ,constitutional right of either ,house to change the rules 7so far as they relate to the procedure of that ,house7 at any time1 in the same manner and to the same extent as in the case of any other rule of that ,house4 #hjc4 ,congressional disapproval procedure for nonmajor rules 7a7 ,for purposes of this section1 the term joint resolution means only a joint resolution introduced in the period beginning on the date on which the report referred to in section #hja7;a77#a77;,a7 is received by ,congress and ending #fj days thereafter 7excluding days either ,house of ,congress is adjourned for more than #c days during a session of ,congress71 the matter after the resolving clause of which is as follows3 ,that ,congress disapproves the nonmajor rule submitted by the relating to 1 and such rule shall have no force or effect4 7,the blank spaces being appropriately filled in74 7b7 ,a joint resolution described in subsection 7a7 shall be referred to the committees in each ,house of ,congress with jurisdiction4 7c7 ,in the ,senate1 if the committee to which is referred a joint resolution described in subsection 7a7 has not reported such joint resolution 7or an identical joint resolution7 at the end of #ae session days after the date of introduction of the joint resolution1 such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by #cj ,members of the ,senate1 and such joint resolution shall be placed on the calendar4 7d7 7#a7 ,in the ,senate1 when the committee to which a joint resolution is referred has reported1 or when a committee is discharged 7under subsection 7c77 from further consideration of a joint resolution described in subsection 7a71 it is at any time thereafter in order 7even though a previous motion to the same effect has been disagreed to7 for a motion to proceed to the consideration of the joint resolution1 and all points of order against the joint resolution 7and against consideration of the joint resolution7 are waived4 ,the motion is not subject to amendment1 or to a motion to postpone1 or to a motion to proceed to the consideration of other business4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 ,if a motion to proceed to the consideration of the joint resolution is agreed to1 the joint resolution shall remain the unfinished business of the ,senate until disposed of4 7#b7 ,in the ,senate1 debate on the joint resolution1 and on all debatable motions and appeals in connection therewith1 shall be limited to not more than #aj hours1 which shall be divided equally between those favoring and those opposing the joint resolution4 ,a motion to further limit debate is in order and not debatable4 ,an amendment to1 or a motion to postpone1 or a motion to proceed to the consideration of other business1 or a motion to recommit the joint resolution is not in order4 7#c7 ,in the ,senate1 immediately following the conclusion of the debate on a joint resolution described in subsection 7a71 and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the ,senate1 the vote on final passage of the joint resolution shall occur4 7#d7 ,appeals from the decisions of the ,chair relating to the application of the rules of the ,senate to the procedure relating to a joint resolution described in subsection 7a7 shall be decided without debate4 7e7 ,in the ,senate the procedure specified in subsection 7c7 or 7d7 shall not apply to the consideration of a joint resolution respecting a nonmajor rule-- 7#a7 after the expiration of the #fj session days beginning with the applicable submission or publication date1 or 7#b7 if the report under section #hja7;a77#a77;,a7 was submitted during the period referred to in section #hja7;d77#a71 after the expiration of the #fj session days beginning on the #aeth session day after the succeeding session of ,congress first convenes4 7f7 ,if1 before the passage by one ,house of a joint resolution of that ,house described in subsection 7a71 that ,house receives from the other ,house a joint resolution described in subsection 7a71 then the following procedures shall apply3 7#a7 ,the joint resolution of the other ,house shall not be referred to a committee4 7#b7 ,with respect to a joint resolution described in subsection 7a7 of the ,house receiving the joint resolution-- 7,a7 the procedure in that ,house shall be the same as if no joint resolution had been received from the other ,house2 but 7,b7 the vote on final passage shall be on the joint resolution of the other ,house4 #hjd4 ,definitions ,for purposes of this chapter-- 7#a7 ,the term ,federal agency means any agency as that term is defined in section #eea7a74 7#b7 ,the term major rule means any rule1 including an interim final rule1 that the ,administrator of the ,office of ,information and ,regulatory ,affairs of the ,office of ,management and ,budget finds-- 7,a7 has resulted in or is likely to result in-- 7i7 an annual effect on the economy of #ej1jjj1jjj or more2 7ii7 a major increase in costs or prices for consumers1 individual industries1 ,federal1 ,state1 or local government agencies1 or geographic regions2 or 7iii7 significant adverse effects on competition1 employment1 investment1 productivity1 innovation1 or on the ability of ,united ,states-based enterprises to compete with foreign-based enterprises in domestic and export markets2 or 7,b7 is made by the ,administrator of the ,environmental ,protection ,agency and that would have a significant impact on a substantial number of agricultural entities1 as determined by the ,secretary of ,agriculture 7who shall publish such determination in the ,federal ,register72 7,c7 is a rule that implements or provides for the imposition or collection of a carbon tax2 or 7,d7 is made under the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh74 7#c7 ,the term nonmajor rule means any rule that is not a major rule4 7#d7 ,the term rule has the meaning given such term in section #eea1 except that such term does not include any rule of particular applicability1 including a rule that approves or prescribes for the future rates1 wages1 prices1 services1 or allowances therefore1 corporate or financial structures1 reorganizations1 mergers1 or acquisitions thereof1 or accounting practices or disclosures bearing on any of the foregoing4 7#e7 ,the term submission date or publication date1 except as otherwise provided in this chapter1 means-- 7,a7 in the case of a major rule1 the date on which the ,congress receives the report submitted under section #hja7;a77#a72 and 7,b7 in the case of a nonmajor rule1 the later of-- 7i7 the date on which the ,congress receives the report submitted under section #hja7;a77#a72 and 7ii7 the date on which the nonmajor rule is published in the ,federal ,register1 if so published4 7#f7 ,the term agricultural entity means any entity involved in or related to agricultural enterprise1 including enterprises that are engaged in the business of production of food and fiber1 ranching and raising of livestock1 aquaculture1 and all other farming and agricultural related industries4 7#g7 ,the term carbon tax means a fee1 levy1 or price on-- 7,a7 emissions1 including carbon dioxide emissions generated by the burning of coal1 natural gas1 or oil2 or 7,b7 coal1 natural gas1 or oil based on emissions1 including carbon dioxide emissions that would be generated through the fuel's combustion4 #hje4 ,judicial review 7a7 ,no determination1 finding1 action1 or omission under this chapter shall be subject to judicial review4 7b7 ,notwithstanding subsection 7a71 a court may determine whether a ,federal agency has completed the necessary requirements under this chapter for a rule to take effect4 7c7 ,the enactment of a joint resolution of approval under section #hjb shall not be interpreted to serve as a grant or modification of statutory authority by ,congress for the promulgation of a rule1 shall not extinguish or affect any claim1 whether substantive or procedural1 against any alleged defect in a rule1 and shall not form part of the record before the court in any judicial proceeding concerning a rule except for purposes of determining whether or not the rule is in effect4 #hjf4 ,exemption for monetary policy ,nothing in this chapter shall apply to rules that concern monetary policy proposed or implemented by the ,board of ,governors of the ,federal ,reserve ,system or the ,federal ,open ,market ,committee4 #hjg4 ,effective date of certain rules ,notwithstanding section #hja-- 7#a7 any rule that establishes1 modifies1 opens1 closes1 or conducts a regulatory program for a commercial1 recreational1 or subsistence activity related to hunting1 fishing1 or camping2 or 7#b7 any rule other than a major rule which an agency for good cause finds 7and incorporates the finding and a brief statement of reasons therefore in the rule issued7 that notice and public procedure thereon are impracticable1 unnecessary1 or contrary to the public interest1 shall take effect at such time as the ,federal agency promulgating the rule determines4 4 #ajd4 ,budgetary effects of rules subject to section #hjb of title #e1 ,united ,states ,code ,section #beg7;b77#b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe is amended by adding at the end the following new subparagraph3 7,e7 ,budgetary effects of rules subject to section #hjb of title #e1 ,united ,states ,code ,any rules subject to the congressional approval procedure set forth in section #hjb of chapter #h of title #e1 ,united ,states ,code1 affecting budget authority1 outlays1 or receipts shall be assumed to be effective unless it is not approved in accordance with such section4 4 #aje4 ,government ,accountability ,office study of rules 7a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct a study to determine1 as of the date of the enactment of this ,act-- 7#a7 how many rules 7as such term is defined in section #hjd of title #e1 ,united ,states ,code7 were in effect2 7#b7 how many major rules 7as such term is defined in section #hjd of title #e1 ,united ,states ,code7 were in effect2 and 7#c7 the total estimated economic cost imposed by all such rules4 7b7 ,report ,not later than one year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit a report to ,congress that contains the findings of the study conducted under subsection 7a74 ,,ii ,permanent ,internet ,tax ,freedom #bja4 ,short title ,this title may be cited as the ,permanent ,internet ,tax ,freedom ,act4 #bjb4 ,permanent moratorium on ,internet access taxes and multiple and discriminatory taxes on electronic commerce 7a7 ,in general ,section #aaja7;a7 of the ,internet ,tax ,freedom ,act 7#dg ,u4,s4,c4 #aea note7 is amended by striking during the period beginning ,november #a1 #bjjc1 and ending ,november #a1 #bjad4 7b7 ,effective date ,the amendment made by this section shall apply to taxes imposed after the date of the enactment of this ,act4 ,v ,natural ,resources ,a ,restoring ,healthy ,forests for ,healthy ,communities #ajj4 ,short title ,this subdivision may be cited as the ,restoring ,healthy ,forests for ,healthy ,communities ,act4 ,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 subdivision4 ,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 #bjac or #bjad1 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 subdivision1 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 subdivision1 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 subdivision1 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 ,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 subdivision shall be used in lieu of or to otherwise offset ,state funding sources for local schools1 facilities1 or educational purposes4 #eje4 ,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 #ejf4 ,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 ,b ,national ,strategic and ,critical ,minerals ,production #ajj4 ,short title ,this subdivision may be cited as the ,national ,strategic and ,critical ,minerals ,production ,act of #bjad4 #ajj;,a4 ,findings ,congress finds the following3 7#a7 ,the industrialization of ,china and ,india has driven demand for nonfuel mineral commodities1 sparking a period of resource nationalism exemplified by ,china's reduction in exports of rare-earth elements necessary for telecommunications1 military technologies1 healthcare technologies1 and conventional and renewable energy technologies4 7#b7 ,the availability of minerals and mineral materials are essential for economic growth1 national security1 technological innovation1 and the manufacturing and agricultural supply chain4 7#c7 ,the exploration1 production1 processing1 use1 and recycling of minerals contribute significantly to the economic well-being1 security and general welfare of the ,nation4 7#d7 ,the ,united ,states has vast mineral resources1 but is becoming increasingly dependent upon foreign sources of these mineral materials1 as demonstrated by the following3 7,a7 ,twenty-five years ago the ,united ,states was dependent on foreign sources for #cj nonfuel mineral materials1 #f of which the ,united ,states imported #ajj percent of the ,nation's requirements1 and for another #af commodities the ,united ,states imported more than #fj percent of the ,nation's needs4 7,b7 ,by #bjaa the ,united ,states import dependence for nonfuel mineral materials had more than doubled from #cj to #fg commodities1 #ai of which the ,united ,states imported #ajj percent of the ,nation's requirements1 and for another #bd commodities1 imported more than #ej percent of the ,nation's needs4 7,c7 ,the ,united ,states share of worldwide mineral exploration dollars was #h percent in #bjaa1 down from #ai percent in the early #aiijs4 7,d7 ,in the #bjab ,ranking of ,countries for ,mining ,investment1 out of #be major mining countries1 the ,united ,states ranked last with ,papua ,new ,guinea in permitting delays1 and towards the bottom regarding government take and social issues affecting mining4 #ajj;,b4 ,definitions ,in this subdivision3 7#a7 ,strategic and critical minerals ,the term strategic and critical minerals means minerals that are necessary-- 7,a7 for national defense and national security requirements2 7,b7 for the ,nation's energy infrastructure1 including pipelines1 refining capacity1 electrical power generation and transmission1 and renewable energy production2 7,c7 to support domestic manufacturing1 agriculture1 housing1 telecommunications1 healthcare1 and transportation infrastructure2 or 7,d7 for the ,nation's economic security and balance of trade4 7#b7 ,agency ,the term agency means any agency1 department1 or other unit of ,federal1 ,state1 local1 or tribal government1 or ,alaska ,native ,corporation4 7#c7 mineral exploration or mine permit ,the term mineral exploration or mine permit includes plans of operation issued by the ,bureau of ,land ,management and the ,forest ,service pursuant to #dc ,,cfr #chji and #cf ,,cfr #bbh;,a or the authorities listed in #dc ,,cfr #cejc4ac1 respectively4 ,i ,development of ,domestic ,sources of ,strategic and ,critical ,minerals #aja4 ,improving development of strategic and critical minerals ,domestic mines that will provide strategic and critical minerals shall be considered an infrastructure project as described in ,presidential ,order ,improving ,performance of ,federal ,permitting and ,review of ,infrastructure ,projects dated ,march #bb1 #bjab4 #ajb4 ,responsibilities of the lead agency 7a7 ,in general ,the lead agency with responsibility for issuing a mineral exploration or mine permit shall appoint a project lead who shall coordinate and consult with cooperating agencies and any other agency involved in the permitting process1 project proponents and contractors to ensure that agencies minimize delays1 set and adhere to timelines and schedules for completion of the permitting process1 set clear permitting goals and track progress against those goals4 7b7 ,determination under ,,nepa ,to the extent that the ,national ,environmental ,policy ,act of #aifi applies to any mineral exploration or mine permit1 the lead agency with responsibility for issuing a mineral exploration or mine permit shall determine that the action to approve the exploration or mine permit does not constitute a major ,federal action significantly affecting the quality of the human environment within the meaning of the ,national ,environmental ,policy ,act of #aifi if the procedural and substantive safeguards of the permitting process alone1 any applicable ,state permitting process alone1 or a combination of the two processes together provide an adequate mechanism to ensure that environmental factors are taken into account4 7c7 coordination on permitting process ,the lead agency with responsibility for issuing a mineral exploration or mine permit shall enhance government coordination for the permitting process by avoiding duplicative reviews1 minimizing paperwork and engaging other agencies and stakeholders early in the process4 ,the lead agency shall consider the following best practices3 7#a7 ,deferring to and relying upon baseline data1 analyses and reviews performed by ,state agencies with jurisdiction over the proposed project4 7#b7 ,conducting any consultations or reviews concurrently rather than sequentially to the extent practicable and when such concurrent review will expedite rather than delay a decision4 7d7 ,schedule for permitting process ,at the request of a project proponent1 the lead agency1 cooperating agencies and any other agencies involved with the mineral exploration or mine permitting process shall enter into an agreement with the project proponent that sets time limits for each part of the permitting process including the following3 7#a7 ,the decision on whether to prepare a document required under the ,national ,environmental ,policy ,act of #aifi4 7#b7 ,a determination of the scope of any document required under the ,national ,environmental ,policy ,act of #aifi4 7#c7 ,the scope of and schedule for the baseline studies required to prepare a document required under the ,national ,environmental ,policy ,act of #aifi4 7#d7 ,preparation of any draft document required under the ,national ,environmental ,policy ,act of #aifi4 7#e7 ,preparation of a final document required under the ,national ,environmental ,policy ,act of #aifi4 7#f7 ,consultations required under applicable laws4 7#g7 ,submission and review of any comments required under applicable law4 7#h7 ,publication of any public notices required under applicable law4 7#i7 ,a final or any interim decisions4 7e7 ,time limit for permitting process ,in no case should the total review process described in subsection 7d7 exceed #cj months unless agreed to by the signatories of the agreement4 7f7 ,limitation on addressing public comments ,the lead agency is not required to address agency or public comments that were not submitted during any public comment periods or consultation periods provided during the permitting process or as otherwise required by law4 7g7 ,financial assurance ,the lead agency will determine the amount of financial assurance for reclamation of a mineral exploration or mining site1 which must cover the estimated cost if the lead agency were to contract with a third party to reclaim the operations according to the reclamation plan1 including construction and maintenance costs for any treatment facilities necessary to meet ,federal1 ,state or tribal environmental standards4 7h7 ,application to existing permit applications ,this section shall apply with respect to a mineral exploration or mine permit for which an application was submitted before the date of the enactment of this ,act if the applicant for the permit submits a written request to the lead agency for the permit4 ,the lead agency shall begin implementing this section with respect to such application within #cj days after receiving such written request4 7i7 ,strategic and critical minerals within ,national ,forests ,with respect to strategic and critical minerals within a federally administered unit of the ,national ,forest ,system1 the lead agency shall-- 7#a7 exempt all areas of identified mineral resources in ,land ,use ,designations1 other than ,non-,development ,land ,use ,designations1 in existence as of the date of the enactment of this ,act from the procedures detailed at and all rules promulgated under part #bid of title #cf1 ,code for ,federal ,regulations2 7#b7 apply such exemption to all additional routes and areas that the lead agency finds necessary to facilitate the construction1 operation1 maintenance1 and restoration of the areas of identified mineral resources described in paragraph 7#a72 and 7#c7 continue to apply such exemptions after approval of the ,minerals ,plan of ,operations for the unit of the ,national ,forest ,system4 #ajc4 ,conservation of the resource ,in evaluating and issuing any mineral exploration or mine permit1 the priority of the lead agency shall be to maximize the development of the mineral resource1 while mitigating environmental impacts1 so that more of the mineral resource can be brought to the market place4 #ajd4 ,federal register process for mineral exploration and mining projects 7a7 ,preparation of ,federal ,notices for ,mineral ,exploration and ,mine ,development ,projects ,the preparation of ,federal ,register notices required by law associated with the issuance of a mineral exploration or mine permit shall be delegated to the organization level within the agency responsible for issuing the mineral exploration or mine permit4 ,all ,federal ,register notices regarding official document availability1 announcements of meetings1 or notices of intent to undertake an action shall be originated and transmitted to the ,federal ,register from the office where documents are held1 meetings are held1 or the activity is initiated4 7b7 ,departmental ,review of ,federal ,register ,notices for ,mineral ,exploration and ,mining ,projects ,absent any extraordinary circumstance or except as otherwise required by any ,act of ,congress1 each ,federal ,register notice described in subsection 7a7 shall undergo any required reviews within the ,department of the ,interior or the ,department of ,agriculture and be published in its final form in the ,federal ,register no later than #cj days after its initial preparation4 ,,ii ,judicial review of agency actions relating to ,exploration and ,mine ,permits #bja4 ,definitions for title ,in this title the term covered civil action means a civil action against the ,federal ,government containing a claim under section #gjb of title #e1 ,united ,states ,code1 regarding agency action affecting a mineral exploration or mine permit4 #bjb4 ,timely filings ,a covered civil action is barred unless filed no later than the end of the #fj-;day period beginning on the date of the final ,federal agency action to which it relates4 #bjc4 ,right to intervene ,the holder of any mineral exploration or mine permit may intervene as of right in any covered civil action by a person affecting rights or obligations of the permit holder under the permit4 #bjd4 ,expedition in hearing and determining the action ,the court shall endeavor to hear and determine any covered civil action as expeditiously as possible4 #bje4 ,limitation on prospective relief ,in a covered civil action1 the court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn1 extends no further than necessary to correct the violation of a legal requirement1 and is the least intrusive means necessary to correct that violation4 #bjf4 ,limitation on attorneys' fees ,sections #ejd of title #e1 ,united ,states ,code1 and #bdab of title #bh1 ,united ,states ,code 7together commonly called the ,equal ,access to ,justice ,act7 do not apply to a covered civil action1 nor shall any party in such a covered civil action receive payment from the ,federal ,government for their attorneys' fees1 expenses1 and other court costs4 ,,iii ,miscellaneous ,provisions #cja4 ,secretarial order not affected ,nothing in this subdivision shall be construed as to affect any aspect of ,secretarial ,order #ccbd1 issued by the ,secretary of the ,interior on ,december #c1 #bjab1 with respect to potash and oil and gas operators4 ,passed the ,house of ,representatives ,september #ah1 #bjad4,karen ,l4 ,haas1,clerk ,november #ac1 #bjad,read the second time and placed on the calendar