Library / Laws / 113th / s / S. 1784 / Introduced in Senate
II
113th CONGRESS
1st Session
S. 1784
IN THE SENATE OF THE UNITED STATES
December 9, 2013Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To improve timber management on Oregon and California
Railroad and Coos Bay Wagon Road grant land, and for other
purposes.
1.
Short
title; table of contents
(a)
Short title
This Act may be cited as
the Oregon and California Land Grant
Act of 2013.
(b)
Table of contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.TITLE I—Management on Oregon and California Railroad and Coos Bay Wagon Road grant landSec. 101. Management on Oregon and California Railroad and Coos Bay Wagon Road grant land.Sec. 102. Distribution of funds.Sec. 103. Wild and Scenic River designations.TITLE II—Tribal landSubtitle A—Oregon Coastal Land ConveyanceSec. 201. Definitions.Sec. 202. Conveyance.Sec. 203. Map and legal description.Sec. 204. Administration.Sec. 205. Forest management.Sec. 206. Land reclassification.Subtitle B—Canyon Mountain Land ConveyanceSec. 211. Definitions.Sec. 212. Conveyance.Sec. 213. Map and legal description.Sec. 214. Administration.Sec. 215. Forest management.Sec. 216. Land reclassification.Subtitle C—Amendments to Coquille Restoration ActSec. 221. Amendments to Coquille Restoration Act.TITLE III—Oregon treasuresSubtitle A—Wild Rogue Wilderness AreaSec. 301. Wild Rogue Wilderness Area.Subtitle B—Devil’s Staircase Wilderness Sec. 311. Definitions.Sec. 312. Devil’s Staircase Wilderness, Oregon.Sec. 313. Wild and Scenic River designations, Wasson Creek and Franklin Creek, Oregon.Subtitle C—Additional wild and scenic river designations and technical correctionsSec. 321. Designation of Wild and Scenic River segments, Molalla River, Oregon.Sec. 322. Technical corrections to the Wild and Scenic Rivers Act.
I
Management on Oregon and California Railroad and Coos Bay Wagon Road grant
land
101.
Management on Oregon and California Railroad and Coos Bay Wagon Road grant
land
The Act of August 28,
1937 (43 U.S.C. 1181a et seq.), is amended—
(1) by redesignating
sections 2, 4, and 5 (43 U.S.C. 1181b, 1181d, 1181e) as sections 119, 120, and
121, respectively; and
(2) by striking the
first section and inserting the following:
1.
Short title
This Act may be cited as the
Oregon and California Land Grant
Act.
2.
Definitions
In this Act:
(1)
Archeological
site
The term
archeological site means any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register under section 106 of the National Historic Preservation Act (16 U.S.C. 470f).
(2)
Conservation emphasis area
The term
conservation emphasis area means covered land that is devoted to
conservation uses as designated on the map under section 102(a)(2).
(3)
Covered
land
The term covered land means Oregon and California Railroad and Coos Bay Wagon Road grant land described in
section 101.
(4)
Department
The
term Department means the Department of the Interior.
(5)
Dry
forest
The term dry
forest means—
(A) during the 10-year period beginning on the
date of enactment of the Oregon and
California Land Grant Act of 2013, land generally depicted as dry
forest on the map entitled O&C Land Grant Act of 2013: Moist Forests and Dry Forests and dated November 18, 2013, except that plant associations and plant association groups may be used to adjust the dry forest assignment in specific locations based on an on-the-ground field examination by the Secretary;
and
(B) after the period
described in subparagraph (A), land designated as dry forest by the
Secretary under section 103(b).
(6)
Ecological
forestry
The term ecological forestry means forestry
that—
(A) incorporates
principles of natural forest development (including the role of natural
disturbances) in the initiation, development, and maintenance of stands and
landscape mosaics; and
(B) is based on the
application of the best available ecological understanding of forest ecosystems
in managing those ecosystems to achieve integrated environmental, economic, and
cultural outcomes.
(7)
Forestry emphasis area
The term forestry emphasis area means
covered land that is primarily devoted to a sustained yield of timber harvest over
time, as designated on the map under section 102(a)(1).
(8)
Key watershed
The term key watershed means a watershed that—
(A) is critical to 1 or more populations of native fish;
(B) provides high quality water; and
(C) is the same as 1 of the key watersheds designated under the Northwest Forest Plan.
(9)
Moist
forest
The term moist
forest means—
(A) during the 10-year period beginning on the
date of enactment of the Oregon and
California Land Grant Act of 2013, land generally depicted as
moist forest on the map entitled O&C Land Grant Act of 2013: Moist Forests and Dry Forests and
dated
November 18, 2013, except that plant associations and plant association groups may be used to adjust the dry forest assignment in specific locations based on an on-the-ground field examination by the Secretary; and
(B) after the period
described in subparagraph (A), land designated as moist forest by the
Secretary under section 103(b).
(10)
Monument
The
term Monument means the Cascade-Siskiyou National Monument (as
defined in section 1401 of the Omnibus Public Land Management Act of 2009 (16
U.S.C. 431 note; Public Law 111–11)).
(11)
Nest
tree
(A)
In
general
The term nest tree means a tree that—
(i) is currently in
use by a northern spotted owl for nesting; or
(ii) has been
documented to have been used by a northern spotted owl for nesting during the
previous 5-year period.
(B)
Exclusion
The
term nest tree does not include a tree that has been used by a
northern spotted owl for nesting during the previous 5-year period if the
tree—
(i) is located in an
area in which a major disturbance (such as a crown fire, tree defoliating
insect or disease outbreak, or blow down) has occurred during the period;
and
(ii) is not currently
being occupied by a northern spotted owl.
(12)
Old
growth
The term old growth means—
(A) in the case of a moist forest, trees that are—
(i) greater than 150 years of age measured at breast height; or
(ii)
(I) in a stand of trees in which the average stand age is 120 years or greater as of the date of enactment of the Oregon and California Land Grant Act of 2013; and
(II) generally depicted as old growth stands on the map entitled O&C Land Grant Act of 2013: Legacy Old Growth Protection Network and dated November 18, 2013; and
(B) in the case of a
dry forest, trees that are greater than 150 years of age measured at breast height.
(13)
Older
trees
The term older trees means trees that are
older than 100 years of age but less than 150 years of age measured at breast height as of the date of
enactment of the Oregon and California Land
Grant Act of 2013.
(14)
Residence
The
term residence means a privately owned, permanent structure that
is—
(A) maintained for
habitation as a dwelling or workplace; and
(B) located in an
area with a density that is greater than 1 structure per 20 acres.
(15)
Riparian reserve
The term riparian reserve means an area that is—
(A) solely devoted to achieving the goals for the aquatic conservation strategy described in section 102(e); and
(B) generally located along a river, stream, lake, wetland, or other hydrologic feature or unstable or potentially unstable area for which special standards and guidelines direct land use.
(16)
Salmon
(A)
In
general
The term salmon means any of the wild
anadromous Oncorhynchus species that occur in the State.
(B)
Inclusions
The
term salmon includes—
(i) chinook salmon
(Oncorhynchus tshawytscha);
(ii) coho salmon
(Oncorhynchus kisutch);
(iii) chum salmon
(Oncorhynchus keta);
(iv) steelhead trout
(Oncorhynchus mykiss); and
(v) coastal cutthroat trout (Oncorhynchus clarkii clarkii).
(17)
Secretary
The
term Secretary means the Secretary of the Interior, acting through
the Bureau of Land Management.
(18)
Site-potential
tree height
The term site-potential tree height
means the average maximum height of the tallest dominant trees that are 200
years of age for a given site class.
(19)
Stands less than or equal to 80 years of age
The term stands less than or equal to 80 years of age means stands of trees in forestry emphasis areas that are less than or equal to 80 years of age as generally depicted on the map entitled O&C Land Grant Act of 2013: Forest Stands Less Than or Equal to 80 Years of Age and dated November 18, 2013.
(20)
State
The
term State means the State of Oregon.
(21)
Sustained yield
The term sustained yield
means the timber yield that can be sustained under a specific
management intensity consistent with multiple-use objectives on forestry emphasis
areas.
(22)
Tree
tipping
The term tree tipping means the intentional
felling and placement of trees in a stream or on the forest floor during timber
harvest operations.
(23)
Watershed analysis
The term watershed analysis means an analysis of the geomorphic and ecological processes in watersheds to determine the ecological importance of streams and riparian areas.
(24)
Watershed protection
The term watershed protection means sustaining and enhancing watershed functions that affect the plant, animal, and human communities within a watershed boundary.
(25)
Watershed restoration
The term watershed restoration means a comprehensive, long-term restoration intended to restore watershed health and an aquatic ecosystem, including the habitat supporting fish and other aquatic and riparian-dependent organisms and the ecological processes that create and maintain habitats.
I
Management
on Oregon and California Railroad and Coos Bay Wagon Road grant land
101.
Land
management
(a)
In general
Notwithstanding the
Act of June 9, 1916 (39 Stat. 218, chapter 137), and the Act of February 26,
1919 (40 Stat. 1179, chapter 47), such portions of the revested Oregon and
California Railroad and reconveyed Coos Bay Wagon Road grant land as are under
the jurisdiction of the Department and are classified as timberland or
power-site land valuable for timber shall be managed in accordance with this
Act.
(b)
Effect
Except as specifically provided in this Act, nothing in this Act modifies any designation or conveyance of any portion of the covered area as in effect on the day before the date of enactment of the Oregon and California Land Grant Act of 2013.
102.
Allocation and
management of covered land
(a)
In
general
As designated on the
map entitled O&C Land Grant Act of 2013: Forestry Emphasis Areas and Conservation Emphasis Areas and dated November 18, 2013, covered land shall be allocated into—
(1) forestry emphasis areas; and
(2) conservation emphasis areas.
(b)
Management
Covered land shall be managed in a manner
that is consistent with this Act and under management
strategies that—
(1) consider human and economic dimensions of
the management of covered land;
(2) protect the long-term health of forests,
wildlife, and waterways;
(3) are scientifically sound, ecologically
credible, and legally responsible;
(4) produce a predictable and sustainable level
of timber sales and nontimber resources that do not significantly degrade the environment;
and
(5) emphasize collaboration among the Federal
agencies responsible for management of covered land.
(c)
Forestry emphasis
areas
(1)
In
general
Forestry emphasis areas shall be managed for permanent
forest production.
(2)
Timber
Timber
from forestry emphasis areas shall be sold, cut, and removed in conformity with
the principle of sustained yield and ecological forestry for the
purposes of—
(A) providing a
permanent source of timber supply;
(B) protecting
watersheds;
(C) regulating stream
flow;
(D) contributing to
the economic stability of local communities and industries; and
(E) providing
recreational facilities and opportunities.
(d)
Old growth
trees
(1)
In
general
Except as provided in paragraph (3), the Secretary shall
prohibit the cutting or removal of any old growth in a covered
area.
(2)
Legacy old growth protection network
(A)
In general
The stands depicted on the map entitled O&C Land Grant Act of 2013: Legacy Old Growth Protection Network and dated November 18, 2013, shall be designated as the Legacy Old Growth Protection Network to provide for the protection, preservation, and enhancement of ecological, scenic, cultural, watershed, and fish and wildlife values.
(B)
Management
The Secretary shall—
(i) prohibit harvest of trees within the areas designated under subparagraph (A); and
(ii) only allow uses that are consistent with the purposes described in subparagraph (A).
(3)
Exceptions
(A)
In
general
Paragraph (1) shall not apply if the Secretary determines
that there is no reasonable alternative to the cutting or removal of an old
growth tree for a purpose described in this paragraph.
(B)
Administrative
purposes
An old growth tree may be cut or removed for
administrative purposes to carry out a construction or maintenance project if
the project would cost more than an additional $3,000 to complete to meet the
objectives of the project if the old growth tree is not removed.
(C)
Public safety
purposes
An old growth tree may be cut or removed for public
safety purposes if—
(i) a
federally employed forester or certified arborist determines the old growth
tree is likely to fall within 1 year; and
(ii) the fall of the
old growth tree could—
(I) injure a member
of the public or an employee of the Department that regularly is in the
vicinity of the old growth tree; or
(II) cause property
damage in excess of $3,000.
(D)
Scientific
purposes
An old growth tree may be cut or removed for scientific
purposes as part of a research project if the Director of the National Applied
Resource Sciences Center—
(i) approves the
research project; and
(ii) determines there
is an advantageous reason to cut an old growth tree on land on which the
research project will be carried out rather than on other land managed by the
Secretary.
(E)
Special use
purposes
(i)
In
general
An old growth tree may be cut or removed for special use
purposes that are limited to—
(I) a utility
right-of-way, if there is no reasonable alternative; or
(II) a cultural use
by a federally recognized Indian tribe.
(ii)
Informal
rulemaking
Before allowing a special use under this subparagraph,
the Secretary shall conduct an informal rulemaking with a 90-day public comment
period.
(F)
Administration
In
carrying out this paragraph, the Secretary shall—
(i) provide public notice of the location of the trees;
(ii) certify the
reasons for allowing the cutting or removal of old growth trees under this
paragraph; and
(iii) seek public
comment on the cutting or removal for at least 7 days if more than 5 trees will
be cut or removed within a 30-day period in the same 5-level hydrologic unit code watershed.
(G)
Commercial
sale
Any tree cut or removed under this paragraph may not be sold
commercially.
(4)
Old growth identification
Not later than 1 year after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall develop protocols for identifying trees greater than 150 years of age at breast height.
(e)
Water quality protection
(1)
In general
The primary focus of aquatic and riparian protection in the covered area shall be to protect, maintain, and restore natural ecological functions and processes beneficial to water quality and quantity, including temperature and turbidity, native fish and wildlife, and watershed resilience, including the continued provision of ecosystem services.
(2)
Aquatic conservation strategy
(A)
In general
The Secretary shall carry out an aquatic conservation strategy to promote the objectives described in paragraph (1) and the resiliency of the aquatic ecosystems consistent with the goals of the aquatic conservation strategy.
(B)
Goals
The goals of the aquatic conservation strategy shall be—
(i) to protect, maintain, and restore aquatic ecosystems and the associated ecological processes for fish, other aquatic organisms, riparian-dependent species, and human needs across a region;
(ii) to manage aquatic ecosystems in a manner that recognizes that fish and other aquatic organisms evolved within a dynamic environment that is constantly influenced and changed by geomorphic and ecological disturbances;
(iii) to protect important drinking water source areas and maintain and restore water quality necessary to support healthy riparian, aquatic, and wetland ecosystems; and
(iv) to protect, maintain, and restore in-stream flows sufficient to create and sustain riparian, aquatic, and wetland habitats and to retain patterns of sediment, nutrient, and wood routing.
(3)
Program components
The aquatic conservation strategy shall incorporate the key components of the aquatic conservation strategy described in paragraph (2), which shall operate to maintain and restore the productivity and resiliency of riparian and aquatic ecosystems, including—
(A) riparian reserves;
(B) watershed analysis;
(C) key watersheds; and
(D) watershed restoration.
(4)
Riparian reserves
(A)
In general
Riparian reserves shall be established in the covered area to protect, maintain, and restore ecosystem health at watershed and landscape scales and to promote the objectives described in paragraph (1), consistent with section 103(f) for the forestry emphasis areas and section 105(c) for the conservation emphasis areas.
(B)
Riparian reserve management
(i)
In general
Management and restoration activities in riparian reserves shall only be undertaken to protect, maintain, or restore aquatic resources as provided in this subsection.
(ii)
Timber harvest
Except as provided in section 103(f), timber harvest in riparian reserves shall only occur in stands less than or equal to 80 years of age.
(5)
Standards for key watersheds
(A)
In general
Key watersheds, drinking water emphasis areas, and drinking water special management units established under sections 108, 109, 110, and 111 shall have the highest priority for watershed restoration and protection in the covered area.
(B)
Watershed analyses
Watershed analysis shall be required before timber harvests occur in key watersheds, other than minor activities that are categorically excluded under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(C)
Cooperation on private land
The Secretary is encouraged to work with adjacent private landowners who have agreed to cooperate with Secretary to further the purposes of this section.
(6)
Roads restrictions
(A)
No net increase in roads
The total quantity of system and nonsystem roads on covered land shall be less than or equal to the total quantity of system and nonsystem roads on covered land as of the date of enactment of the Oregon and California Land Grant Act of 2013.
(B)
Temporary roads
Not later than the earlier of the date that is 1 year after the vegetation management project is completed or the date that is 2 years after the activities for which a temporary road was constructed are completed, temporary roads that are constructed on covered land, if necessary, shall be made benign by—
(i) closing the temporary roads; and
(ii)
(I) decommissioning the temporary roads; or
(II) placing the temporary roads into short-term storage.
(C)
Reduction in roads
To the maximum extent practicable and subject to the availability of appropriations, the Secretary shall reduce the total quantity of road miles for system and nonsystem roads, with priority for road reductions given to key watersheds.
(D)
Limitations on new roads
The Secretary shall prohibit the construction of any new permanent system road in any portion of the covered land within the key watersheds and drinking water protection areas of the covered land unless the construction contributes to achieving the goals of the aquatic conservation strategy.
(E)
No new roads in roadless areas
The Secretary shall prohibit the construction of any new road in any inventoried roadless area on covered land in key watersheds, drinking water emphasis areas, and conservation emphasis areas.
(F)
Watershed analysis
In carrying out a watershed analysis under this Act, the Secretary shall identify roads that the Secretary determines could be closed or decommissioned.
(7)
Woody debris augmentation
(A)
In general
During periods of timber harvesting, the Secretary shall carry out tree tipping activities on riparian reserves on covered land, as the Secretary determines necessary, to improve timber delivery to streams.
(B)
Fish habitat
The Secretary shall annually use approximately $1,000,000 of amounts made available under this Act to transport and place large trees in streams on Federal, State, or private land to improve the quality of fish habitat, as the Secretary determines necessary.
103.
Management of
forestry emphasis areas
(a)
Management actions
(1)
In general
Silvicultural activities shall be conducted in a forestry emphasis area, and the forestry emphasis area shall be managed, in accordance with this section.
(2)
Management actions
Management actions shall be considered in the environmental impact statement required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 104(a).
(b)
Determination
of moist forests and dry forests
(1)
In general
During the 10-year period beginning on the date of enactment of
the Oregon and California Land Grant Act of
2013, the moist and dry forests shall be determined as depicted on the map entitled O&C Land Grant Act of 2013: Moist Forests and Dry Forests, and dated November 18, 2013, except that plant associations and plant association groups may be used to adjust the dry and moist forest assignments in specific locations based on an on-the-ground field examination by the Secretary.
(2)
Redesignation
Not later than 10 years after the date of enactment of the Oregon and California Land Grant Act of 2013 and every 10 years thereafter, the Secretary shall reevaluate the initial assignments of land areas in moist forest and dry forest categories in forestry emphasis areas under paragraph (1) based on—
(A) plant association
groups; and
(B) the criteria
described in this subsection.
(3)
Moist
forests
For purposes of this subsection, moist forests
generally—
(A) experience infrequent wildfires at intervals of 1 to several centuries, including
extensive areas in which fire severity results in stand-replacement conditions;
and
(B) include the following plant association groups:
(i) the Western
Hemlock (Tsuga heterophylla) series;
(ii) the Sitka Spruce
(Picea sitchensis) series;
(iii) the Western
Redcedar (Thuja plicata) series;
(iv) the Pacific
Silver Fir (Abies amabilis) series;
(v) the Mountain
Hemlock (Tsuga mertensiana) series;
(vi) the Subalpine
Fir-Engelmann Spruce (Abies lasiocarpa-Picea engelmannii) series;
(vii) the Tanoak
(Lithocarpus densiflorus) series;
(viii) the Moist
Grand Fir (Abies grandis) plant association group; and
(ix) the Moist White
Fir (Abies concolor) plant association group.
(4)
Dry
forests
For purposes of this subsection, dry forests
generally—
(A) experience
relatively frequent and predominantly low- and mixed-severity fires; and
(B) include the following plant association groups:
(i) the Moist Grand
Fir (Abies grandis) plant association group;
(ii) the Moist White
Fir (Abies concolor) plant association group;
(iii) the Ponderosa
Pine (Pinus ponderosa) series;
(iv) the Oregon White
Oak (Quercus garryana) series;
(v) the Douglas-fir
(Pseudotsuga menziesii) series;
(vi) the Jeffrey Pine
(Pinus jeffreyi) series;
(vii) the Dry Grand
Fir (Abies grandis) plant association group; and
(viii) the Dry White
Fir (Abies concolor) plant association group.
(5)
Mixed forests
(A)
In general
For purposes of this Act, a site characterized as a Moist Grand Fir or a Moist White Fir plant association group may be considered moist forest or dry forest based on the condition of the land, landscape context, and management goals.
(B)
Mixed forests
On a site at which dry and moist forests combine and are not readily separated, management shall be based on the dominant type in terms of area.
(6)
Administration
In
carrying out this subsection, the Secretary shall—
(A) provide the
public a period of not less than 60 days to comment on the redesignation of
moist forests and dry forests; and
(B) redesignate moist
forests and dry forests once every 10 years.
(c)
Vegetation
treatments
(1)
In
general
Vegetation treatments shall be developed consistent with this subsection.
(2)
No significant negative effects
A vegetation treatment under this section shall be—
(A) considered in the environmental impact statement required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 104(a); and
(B) designed to produce no significant negative effects on—
(i) cultural sites of
federally recognized Indian tribes;
(ii) inventoried
roadless areas;
(iii) the existing integrity of archeological
sites;
(iv) highly erodible
land;
(v) wetland under the
jurisdiction of the Corps of Engineers or delineated by the Natural Resources Conservation
Service; and
(vi) species listed
as endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.), unless incidental take statements have been issued for the listed species.
(3)
Attaining no significant negative
effects
A proposed silvicultural treatment on land described in
clauses (i) through (v) of paragraph (2)(B) shall seek to produce no significant negative impact primarily by—
(A) not
harvesting trees, or operating heavy equipment, on the sites; or
(B) mitigating the impact of the treatment through actions such as the capping of archeological sites with wood chips, except that relying on mitigation measures to achieve no significant negative impact may only be used infrequently for timber sales.
(4)
Northern
spotted owls
A vegetation treatment analyzed as part of the environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 104(a) for land identified by the Secretary as part of northern spotted owl recovery plan Action 10 or 32 can only occur if the Secretary, acting through the United States Fish and Wildlife Service, releases an opinion that the proposed vegetative treatment is—
(A) compatible with requirements under the
Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.) for the northern spotted owl, considered over the long-term; or
(B) necessary to
address a severe threat of disease, insects, or fire.
(5)
Water quality
(A)
In general
In addition to standards under any applicable environmental law, a vegetation treatment for a timber sale under this section shall be designed so that the sale does not result in measurable, significant negative impacts on water quality.
(B)
Determination points
For the purposes of assessing potential negative impacts on water quality under this section from vegetation treatments, the Secretary shall only consider water quality—
(i) at the time of the determination to determine the present condition; and
(ii) at a time that is 5 years after the date of the initial determination and that is at least 2 years after the date of the timber sale.
(6)
Nest
trees
(A)
In
general
No nest tree shall be cut in a forestry emphasis area
unless the nest tree poses a repeated, imminent threat to the safety of the
public or employees of the Department.
(B)
Surveys
(i)
In
general
Not earlier than 180 days before the date the Secretary
plans to offer a timber sale in a forestry emphasis area, the Secretary shall survey the
timber sale area to locate potential nest trees that the Secretary has not
located.
(ii)
Duration
The
duration of the survey shall be such that the Secretary shall have an employee
survey for nest trees at a rate of 1 day for each 100 acres of the timber
sale.
(C)
Information
from public
During the 14-day period beginning on the date a
consistency document required under section 104(d) is completed for a project, the Secretary shall accept
information from the public concerning the location of nest trees.
(D)
Protections
The
Secretary shall ensure that the protections required under this Act are provided
for verified nest trees.
(7)
Marbled
murrelet habitat
Consistent with the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.), if the harvest of timber within a limited area of marbled murrelet habitat would provide benefits to a forest ecosystem (including the increased diversity of stand structure, composition, and age and reducing the scarcity of early successional habitat), the harvest may occur if the Secretary confers with the Director of the United States Fish and Wildlife Service in selecting areas within marbled murrelet habitat in which timber harvests may occur.
(8)
Sustained
yield
(A)
In
general
The Secretary shall, to the maximum extent practicable, provide a sustained yield of timber harvest, averaged over a 10-year period, from the forestry emphasis area, that is calculated assuming an ecological forestry approach, unless the action will have severe adverse environmental, economic, or social consequences.
(B)
Sustained yield calculation
The Secretary shall calculate the sustained yield for a 50-year period as part of the environmental impact statement required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 104(a).
(C)
Reserved
areas
In calculating the sustained yield from a forestry emphasis area, the Secretary shall not include the volume of timber that could
be offered from reserved areas, such as conservation emphasis areas.
(d)
Management of
moist forests
(1)
In
general
Forestry emphasis areas that are designated as moist
forests under this section shall be managed in accordance with the principles
of ecological forestry (including principles relating to variable retention
regeneration harvests) described in paragraph (2).
(2)
Ecological
forestry principles for moist forests
The ecological forestry
principles referred to in paragraph (1) include—
(A) the retention of
old growth;
(B) the seeking of opportunities to retain older trees if practicable;
(C) the acceleration of the development of structural complexity, including spatial heterogeneity, in younger stands, through the use of diverse silvicultural approaches, such as variable density and clump-based prescriptions;
(D) the implementation of variable retention regeneration harvesting activities that retain approximately 1/3 of the live basal area of the forest within the harvest area, primarily in aggregates, including riparian and other reserves and dispersed individual and small clusters of conifers and hardwoods within the harvest area unit, a portion of which may be used for snag creation, except that old growth stands shall not be considered as part of the 1/3 basal area retention;
(E) the development and maintenance of early seral ecosystems with diverse species following harvesting activities through the use of less intense approaches to site preparation and tree regeneration and nurturing of diverse early seral ecosystems;
(F) the use of rotations of sufficient length to allow stands to redevelop with levels of structural complexity and biodiversity characteristics of late-successional stands, but when the stands reach the rotation age of the stands, the stands will be regenerated through variable-retention harvesting; and
(G) the establishment of a silvicultural system that includes the development and management of multiaged, mixed-species stands on harvest rotation periods of 80 to 120 years.
(3)
Variable
retention regeneration
(A)
In
general
The Secretary shall designate not less than 8 percent and not more than 12 percent of the moist forests described in paragraph (1) as land on which the Secretary shall carry out variable retention regeneration harvesting activities, consistent with this section, during each 10-year period in a manner consistent with the environmental impact statement required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 104(a).
(B)
Applicability
The
moist forests designated as variable retention regeneration harvest land under
subparagraph (A) shall not be limited to stands that have generally reached the culmination
of mean annual increment.
(4)
Thinning
(A)
In general
The Secretary shall carry out thinning activities in the moist forests described in paragraph (1) to promote tree growth and ecological health and variability.
(B)
Goals
The goal of thinning activities under this paragraph shall be to establish spatially variable stand densities and complex canopies using thinning regimes that enhance the structural and compositional diversity of the stand and individual tree development.
(C)
Limitations
(i)
In
general
In carrying out thinning activities under this paragraph,
the Secretary shall not reduce the total basal area of the stand (as determined
on the date on which the thinning activities commence) by more than 50
percent.
(ii)
Old growth
trees
The Secretary shall exclude old growth trees from thinning
activities under this paragraph.
(e)
Management of
dry forests
(1)
In
general
Forestry emphasis areas that are designated as dry forests
under this section shall be managed in accordance with
ecological forestry principles described in paragraph (2) and, as determined
necessary by the Secretary, with fire resiliency needs, consistent with this subsection.
(2)
Ecological
forestry principles in dry forests
The ecological forestry
principles referred to in paragraph (1) include—
(A) the retention and
improvement of the survivability of old growth trees through the reduction of
adjacent fuels and competing vegetation to promote resilience against mortality
from insects, disease, and fire;
(B) the retention and
protection of important structures such as large hardwoods, snags, and
logs;
(C) the reduction of
overall stand densities through partial cutting in an effort to—
(i) reduce basal
areas to desired levels, particularly in overstocked stands;
(ii) increase the
mean stand diameter;
(iii) shift the
composition of stands to fire- and drought-tolerant species; and
(iv) retain older
trees for replacement purposes;
(D) the restoration of spatial heterogeneity through the variation of the treatment of stands, such as by leaving untreated patches, creating openings of not more than 2.5 acres, and establishing tree clumps and isolated single trees;
(E) the establishment of new tree cohorts of shade-intolerant species in created openings, generally varying in size between 0.2 and 2.5 acres;
(F) the harvesting of timber during the restoration process;
(G) the maintenance of sustainable and fire-resilient conditions in perpetuity through active management of the dry forests in accordance with this subsection, including the treatment of activity fuels and the restoration of historic levels of surface fuels and understory vegetation using prescribed fire and mechanical activities;
(H) the planning and implementation of activities at the landscape level to maintain not less than 1/3 of the dry forests as denser landscape-scale patches to provide greater forest density for endangered and threatened species and their prey; and
(I) the retention of a basal area after a partial cut that is not less than 35 percent of the initial basal area of the sale area.
(3)
Fire
resiliency
(A)
Vegetation
treatment near residences
(i)
In
general
For a forestry emphasis area that is designated as a dry
forest under this section and located within .25 miles of a residence, the
primary purpose of any vegetation treatment carried out by the Secretary on
that land shall be to manage fuel loadings to reduce the risk to the residence
posed by wildfire.
(ii)
Administration
(I)
In
general
In carrying out vegetation treatment activities on land
described in clause (i), the Secretary shall—
(aa) cut and remove
trees and brush to eliminate the vertical continuity of vegetative fuels and
the horizontal continuity of tree crowns for the purpose of reducing flammable
materials and maintaining a shaded fuelbreak to reduce fire spread, duration,
and intensity; and
(bb) treat surface fuels (including activity fuels, low brush, and deadwood) on that land that could promote the spread of wildfire in a manner designed to achieve an average of a 4-foot maximum flame length under average severe fire weather conditions.
(II)
Timber
sales
If a timber sale is planned within 1/2 mile of a residence, the Secretary is encouraged to carry out vegetation treatment activities on that Federal land at the same time as the timber sale.
(III)
County
actions
A county may carry out a fuel reduction project on the
land described in clause (i) in a manner consistent with subclause (I) if—
(aa) the county notifies the
Secretary of the intent of the county to carry out the project, including a
description of the project and duration of the project;
(bb) the Secretary determines the project is consistent with this Act and is in the best interest of the public; and
(cc) the county carries out the
project using county funds, which may include amounts made available to the
county under this Act.
(iii)
Prioritization
In
prioritizing fire resiliency projects under this subparagraph, the Secretary
or the county may use project recommendations received from a resource advisory council or
described in a community wildfire protection plan.
(B)
Private
landowner actions on Federal land
(i)
In
general
A person may enter and treat any forestry emphasis area
that is designated as a dry forest under this section that is located within
100 feet of the residence of that person without a permit from the Secretary
if—
(I) the treatment is
carried out at the expense of the person;
(II) the person
notifies the Secretary of the intent to treat that land; and
(III) the person
carries out the treatment activities in accordance with clause (iii).
(ii)
Notice
(I)
In general
Not
less than 30 days before beginning to treat land described in clause (i), the
person shall notify the Secretary of the intention of that person to treat that
land.
(II)
Commencement
Not less than 15 days before the date of the commencement of treatment actions, the person shall notify the Secretary before beginning the treatment.
(iii)
Applicability
A
person treating land described in clause (i) shall carry out the treatment as
follows:
(I) No dead tree, nest tree, old
growth, or tree greater than 24 inches in diameter shall be cut.
(II) Any residual
trees shall be pruned—
(aa) to
a height of the lesser of 10 feet or 50 percent of the crown height of the
tree; and
(bb) such that all
parts of the tree are at not less than 10 feet away from the residence.
(III) Vegetation
shall be cut such that—
(aa) less flammable
species are favored for retention; and
(bb) the adequate
height and spacing between bushes and trees are maintained.
(IV) No herbicide or
insecticide application shall be used.
(V) All slash created
from treatment activities under this subparagraph shall be removed or treated
not later than 60 days after the date on which the slash is created.
(f)
Water protection in forestry emphasis areas
(1)
Riparian reserve and buffer
system
(A)
In
general
In carrying out the aquatic conservation strategy in forestry emphasis areas, the
Secretary shall establish riparian reserves that—
(i) in the case of land located along a fish-bearing stream, are 1 site-potential tree height or 150 feet slope distance, whichever is greater;
(ii) in the case of land located along a permanently flowing nonfish-bearing stream, are 1/2 of a site-potential tree height or 75 feet slope distance, whichever is greater;
(iii) in the case of land located along a seasonally flowing or intermittent stream, are whichever is greater among—
(I) the stream channel to the top of the inner gorge and out to the edge of the riparian vegetation;
(II) a distance of 1/2 of a site-potential tree height; or
(III) 75-feet slope distance;
(iv) in the case of a wetland greater than 1 acre, a lake, or a natural pond, are whichever is greater among—
(I) the body of water and land located along the wetland, lake, or pond to the outer edges of riparian vegetation;
(II) a distance of 2 site-potential tree height; or
(III) 300-feet slope distance;
(v) in the case of a constructed pond or a reservoir, are the area from the maximum pool elevation to a distance equal to the height of 1 site-potential tree or 150-feet slope distance, whichever is greater; and
(vi) in the case of a wetland that is less than 1 acre or an unstable or potentially unstable area, are whichever is greater among—
(I) the extent of the unstable and potentially unstable area or the wetland less than 1 acre, as applicable, to the outer edges of the riparian vegetation;
(II) a distance of 1 site-potential tree height; or
(III) 150-feet slope distance.
(B)
Nonfish-bearing
streams
(i)
In
general
For a nonfish-bearing stream, the Secretary shall establish a buffer of an additional 1/2 of a site-potential tree height or 75 feet slope distance, whichever is greater, which buffer shall be available for timber management using ecological forestry principles while maintaining wood delivery to streams.
(ii)
Restrictions
(I)
In
general
A timber harvest on the buffer land described in
clause (i) shall be—
(aa) conducted in accordance with the principles of ecological forestry; and
(bb) be limited to stands less than or equal to 80 years of age.
(II)
Special rule
for dry forests
(aa)
In
general
Subject to item (bb), in dry forests, timber harvest may occur in a stand that
exceeds 80 years of age if the harvest is
carried out for a compelling ecological reason, such as to protect the stand
from insect outbreak or destructive wildfire.
(bb)
Old growth
trees
An old growth tree shall not be included in a timber
harvest under item (aa).
(2)
Watershed
analysis
(A)
In
general
Not later than 90 days after the date of enactment of
the Oregon and California Land Grant Act of
2013, a scientific committee established by the Secretary shall develop criteria to be used in carrying out a watershed analysis for forestry emphasis areas.
(B)
Scientific committee
(i)
In general
The committee established under subparagraph (A) shall be comprised of 5 individuals who—
(I) are not full-time employees of the Bureau of Land Management; and
(II) have expertise relating to aquatic and riparian ecosystems.
(ii)
Administration
The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the committee established under this paragraph.
(C)
Criteria
The criteria developed under subparagraph (A) shall include at a minimum—
(i) the importance of the streams to salmon populations;
(ii) the impacts of thermal loading;
(iii) water quality; and
(iv) the potential for the delivery or deposition of sediment and wood from upslope sources.
(D)
Development of watershed analysis
(i)
In general
The Secretary shall use the criteria established by the scientific committee to determine the ecological importance of fish-bearing streams and nonfish-bearing streams.
(ii)
Public information
The Secretary shall make the determinations described in clause (i) available to the public at the time the Secretary submits the report to the scientific committee.
(E)
Review of scientific committee
(i)
In general
Not later than 210 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall submit to the scientific committee established under subparagraph (B) a watershed analysis that includes the fish-bearing streams and nonfish-bearing streams in key watersheds categorized by ecological importance.
(ii)
Comments by scientific committee
Not later than 240 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the scientific committee shall submit comments to the Secretary on the determinations made by the Secretary of the ecological importance of the streams within the covered area.
(iii)
Criteria
The scientific committee shall use only the criteria established under subparagraph (C) to evaluate the determinations made by the Secretary.
(iv)
Public availability
On receipt by the Secretary, the comments submitted by the scientific committee shall be made publically available.
(F)
Inclusion in the draft environmental impact statement
(i)
In general
The Secretary shall—
(I) revise the watershed analysis, as the Secretary considers necessary; and
(II) consider the comments submitted by the scientific committee.
(ii)
Revised watershed analysis
The revised watershed analysis shall be used in preparing and included in whole in each draft environmental impact statement developed under section 104(a)(1).
(G)
Other applicability
The results of the watershed analysis shall be available for use in conservation efforts on other Federal land and on non-Federal land.
(3)
Revision of
riparian buffer system
(A)
In
general
In accordance with the watershed analysis, the Secretary shall revise the riparian reserves on the forestry emphasis areas.
(B)
Use
The revisions shall be reflected in—
(i) the initial environmental impact statements prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 104(a); and
(ii) each subsequent 10-year environmental impact statement.
(C)
Revisions
The Secretary shall revise the riparian buffer system as follows:
(i) For a riparian reserve located along a fish-bearing stream, lake, or wetland, that the Secretary determines, based on the watershed analysis, to be of minimal ecological importance, the size of the riparian reserve shall be 100 feet slope distance.
(ii) For a riparian reserve located along a nonfish-bearing stream, lake, or wetland that the Secretary determines, based on the watershed analysis, to be of minimal ecological importance, the size of the riparian reserve shall be 50 feet slope distance.
(iii) For a riparian reserve located along a fish-bearing or nonfish-bearing stream, lake, or wetland that the Secretary determines, based on the watershed analysis, to be of significant ecological importance, the size of the riparian reserve shall be 1 site-potential tree height or 150 feet slope distance, whichever is greater.
(iv) The total amount of riparian reserves within each 5th-level hydrologic unit code watershed in the forestry emphasis areas shall equal at least 75 percent and not more than 125 percent of the previous riparian reserves established under paragraph (1).
(D)
Riparian buffers for management
(i)
In general
The Secretary shall establish buffers for the riparian reserves described in clauses (i) and (ii) of subparagraph (C) that extend out to 1-site potential tree.
(ii)
Management
The buffers shall be managed in the same manner as the buffers described in paragraph (1)(B).
(E)
Management
The Secretary shall manage the revised riparian reserve areas described in subparagraph (D) in accordance with the following standards:
(i) Timber harvest within riparian reserves shall be restricted to thinning stands less than or equal to 80 years of age to achieve the goals of the aquatic conservation strategy.
(ii) Timber harvest, roads, grazing, mining, recreation, and all other activities shall be compatible with achievement of the goals of the aquatic conservation strategy in order to occur.
(iii) Riparian-dependent and stream resources shall receive primary emphasis in riparian reserve landscapes.
(4)
Exception
Forestry emphasis areas designated as Drinking Water Emphasis Area and depicted as such on the maps entitled O&C Land Grant Act of 2013: McKenzie Drinking Water Area, O&C Land Grant Act of 2013: Hillsboro Drinking Water Area, O&C Land Grant Act of 2013: Clackamas Drinking Water Area, and O&C Land Grant Act of 2013: Springfield Drinking Water Area and dated November 18, 2013, and riparian areas within key watersheds shall not be subject to this subsection but shall instead be subject to section 105(c).
(g)
Prioritization
(1)
Selection of
areas to treat in the first 10 years
(A)
In
general
Not later than 150 days after the date of enactment of
the Oregon and California Land Grant Act of 2013, the Secretary shall select locations in forestry emphasis
areas in which the Secretary intends to harvest timber during—
(i) the 10-year period covered by the environmental impact statement prepared under the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 104(a); and
(ii) each subsequent 10-year period covered by an environmental impact statement.
(B)
Prioritization plan for forestry emphasis areas
The areas selected under subparagraph (A) shall reflect a prioritization plan and harvest levels, including the sustained yield, identified in the environmental impact statement prepared under the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 104(a).
(C)
Public comment
The Secretary shall seek public comments for 45 days on the selection of the areas under subparagraph (A).
(D)
Inclusion in the draft environmental impact statement
(i)
In general
The Secretary shall revise the prioritization plan for forestry emphasis areas, as the Secretary considers necessary, based on the public comments received.
(ii)
Revised prioritization plan
The revised prioritization plan for forestry emphasis areas shall be used in preparing and included in whole in each draft environmental impact statement developed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 104(a).
(2)
Landscape plans
(A)
In
general
The Secretary shall develop plans for the moist forest portions of the forestry emphasis area and dry forest
portions of the covered area.
(B)
Moist forest landscape plan
The plans described in subparagraph (A) shall include—
(i) landscape level plans showing the areas of the moist forest landscapes that will result in distribution of variable retention regeneration harvests to ensure desired placement and the appropriate scale of implementation; and
(ii) areas that will, in the case of a moist forest site, accelerate development of complex forest structure, including opportunities to create spatial heterogeneity (such as creating skips and gaps), in a young stand that has a canopy that has—
(I) closed; and
(II) been simplified through past management.
(C)
Dry forest landscape plan
(i)
In general
The
dry forest plans described in subparagraph (A) shall include—
(I) a
landscape level plan showing the areas of any dry forest landscape that will be
left in a denser condition for the first 30 years after the date of enactment of the Oregon and California Land Grant Act of 2013;
(II) the areas of any
dry forest that may be considered for thinning or restoration treatments
beginning on the date that is 30 years after the date of enactment of the Oregon and California Land Grant Act of 2013; and
(III) areas that will, in the case of a dry forest site—
(aa) minimize and
reduce the risk of unnaturally severe fire and insect outbreaks, particularly
if critical components and values are at risk, including— (AA) communities in
the wildland-urban interface (as defined in section 101 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6511)); and (BB) valuable forest
structures, such as old growth and oak savannas that are in need of restoration or are in
danger from potential fire risk; or
(bb) restore
historical structure and composition and improve fire resiliency.
(ii)
Reevaluation
The areas described in clause (i)(I) shall be reevaluated in the subsequent comprehensive environmental impact statements required under section 104(a).
(D)
Collaboration
in developing plans
The Secretary shall develop the plans described
in subparagraph (A) in coordination with the Director of the United States Fish
and Wildlife Service to ensure the plans comply with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(E)
Draft plans
available for public comment
Not later than 150 days after the
date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall make a draft of
the plans described in subparagraph (A) available for public comment for 45 days.
(F)
Inclusion in the draft environmental impact statement
(i)
In general
The Secretary shall revise landscape plans, as the Secretary considers necessary, based on the public comments received.
(ii)
Revised landscape plans
The revised landscape plans shall be used in preparing and included in whole in the draft environmental impact statement developed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 104(a).
104.
Streamlined
procedures
(a)
Comprehensive
environmental impact statement
(1)
In general
Not later than 18 months after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall complete—
(A) a large-scale comprehensive environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the moist forest in the forestry emphasis area; and
(B) a large-scale comprehensive environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the dry forest in the forestry emphasis area.
(2)
Period
The environmental impact statements required under paragraph (1) shall cover the 10-year period beginning on the date on which the record of decision for the environmental impact statement is issued.
(3)
Individual projects
The final comprehensive environmental impact statement shall be used for individual projects during the 10-year period described in paragraph (2).
(4)
Additional analysis
No additional analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be required for individual projects under this Act unless explicitly required by this Act or there exists clear and convincing evidence regarding significant adverse environmental impacts of the project that were not considered in the comprehensive environmental impact statements.
(5)
Effective date
of each environmental impact statement
After the initial
comprehensive environmental impact statement developed under paragraph (1), each subsequent
comprehensive environmental impact statement shall be prepared and be in effect for the 10-period beginning
on the date on which the previous environmental impact statement
expires.
(b)
Criteria and
parameters of the environmental impact statement
(1)
In
general
Each environmental impact statement developed under
subsection (a) shall analyze 3 alternatives, including—
(A) 1 no-action
alternative; and
(B) 2 other
alternatives that are consistent the management prescriptions and this Act for the forest
type.
(2)
Limitations
(A)
In general
The analysis of effects of each environmental impact statement described in subsection (a)(1) shall be limited to the effects of the actions authorized under section 103 that are consistent with the forest type.
(B)
Analysis
(i)
In general
The information contained within the timber prioritization plan, watershed analysis, dry forest landscape plan, and moist forest landscape plan shall—
(I) be used to develop an environmental impact statement described in subsection (a)(1); but
(II) not be separately analyzed in an environmental impact statement described in subsection (a)(1).
(ii)
Additional analysis
Notwithstanding the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), no analysis that is in addition to the environmental impact statement described in subsection (a)(1) shall be required under that Act for the timber prioritization plan, watershed analysis, dry forest landscape plan, and moist forest landscape plan.
(3)
Area included in environmental impact statement
(A)
In general
Each environmental impact statement shall cover the area required to be treated in section 103(d) for moist forests and section 103(e) for dry forests.
(B)
Distribution
The requirement under subparagraph (A) shall be—
(i) distributed in a manner that is approximately equal over the 10-year period; and
(ii) divided among the Bureau of Land Management districts in a manner that—
(I) is approximately proportional to the yield that can be produced by those forests; and
(II) ensures that each Bureau of Land Management district has adequate harvest and revenue to share with affected counties.
(4)
Specific environmental impacts
Each environmental impact statement shall include, in addition to other necessary analysis, the impacts to—
(A) wetlands;
(B) municipal watersheds;
(C) inventoried roadless areas;
(D) Indian cultural sites;
(E) archeological sites; and
(F) nest trees.
(c)
Public notice and comment; challenges
(1)
Definitions
In this subsection:
(A)
Agency action
The term agency action has the meaning given the term in section 551 of title 5, United States Code.
(B)
Covered agency action
The term covered agency action means an agency action by the Secretary relating to the management of the forestry emphasis areas.
(C)
Covered civil action
The term covered civil action means a civil action seeking judicial review of a covered agency action.
(2)
Public notice and comment
(A)
Notice of intent
(i)
Notice of intent
Not later than 7 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall publish in the Federal Register a notice of intent to prepare each of the following documents:
(I) Comprehensive environmental impact statement for the moist forests.
(II) Comprehensive environmental impact statement for the dry forests.
(III) Prioritization plan for the forestry emphasis area.
(IV) Watershed analysis.
(V) Dry forest landscape plan.
(VI) Moist forest landscape plan.
(ii)
Public comment
During the 45-day period beginning on date on which the notice of intent is published, the Secretary shall—
(I) provide an opportunity for public comment for the scoping process; and
(II) solicit public comment on topics to be analyzed in the draft environmental impact statement under subparagraph (B).
(B)
Draft environmental impact statements
(i)
In general
Not later than 1 year after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall issue the first draft environmental impact statements described in subsection (a)(1).
(ii)
Public comment
During the 60-day period beginning on the date on which the draft environmental impact statements are issued, the Secretary shall provide an opportunity for public comment on the draft environmental impact statements.
(iii)
Extensions
The Secretary may not extend the period for public comment.
(iv)
Topics
During the period described in clause (ii), the public shall be able to provide comment on the prioritization plan, watershed analysis, dry forest landscape plan, and moist forest landscape plan included in the draft environmental impact statement.
(C)
Final environmental impact statements
(i)
In general
The Secretary shall issue the record of decision for the final environmental impact statements—
(I) 45 days after the date on which the final environmental impact statements are issued or immediately after the Secretary responds to an objection filed under clause (ii); and
(II) not later than 18 months after the date of enactment of the Oregon and California Land Grant Act of 2013.
(ii)
Objections
(I)
In general
During the first 30 days of the period established under clause (i)(I), in lieu of any other appeals that may be available, any person may file an objection to the final environmental impact statements in accordance with section 105 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515).
(II)
Response
The Secretary shall respond in writing to any objection filed under subclause (I) not later than 30 days after the date on which the objection is filed.
(iii)
Exception
If the Secretary determines than an objection filed under clause (ii) requires a revision of the final environmental impact statement, the Secretary shall—
(I) issue a revised final environmental impact statement as soon as practicable; and
(II) issue a record of decision not later than 30 days after the date on which the revised final environmental impact statement is issued.
(3)
Judicial review
(A)
Venue
A covered civil action may only be brought in the United States District Court for the District of Oregon or the United States District Court for the District of Columbia.
(B)
Objections
No objection to the record of decision shall be considered by the court that has not previously been raised in writing during the agency administrative process.
(C)
Limitation of actions
A covered civil action shall not be maintained unless commenced not later than 30 days after the date on which the covered agency action to which the covered civil action relates is final.
(D)
Expedited proceedings
(i)
Discovery
Discovery shall—
(I) commence immediately after a covered civil action is commenced; and
(II) conclude not later than 180 days after the date on which a covered civil action is commenced.
(ii)
Trial
In any covered civil action, a trial shall commence not later than 180 days after the date on which the covered civil action is commenced.
(iii)
Expeditious completion of judicial review
Congress encourages a court of competent jurisdiction to expedite, to the maximum extent practicable, the proceedings in a covered civil action with the goal of rendering a final determination on the merits of the covered civil action as soon as practicable after the date on which a complaint or appeal is filed to initiate the action.
(E)
Applicability of APA
Except as provided in this section, judicial review of a covered agency action shall be conducted in accordance with chapter 7 of title 5, United States Code.
(F)
Injunctions
(i)
In general
Subject to clause (ii), the length of any preliminary injunction and any stay pending appeal regarding a covered agency action shall not exceed 60 days.
(ii)
Renewals
(I)
In general
A court of competent jurisdiction may issue 1 or more renewals of any preliminary injunction, or stay pending appeal, granted under clause (i).
(II)
Updates
For each renewal of an injunction under this clause, the parties to the action shall present the court with updated information on the status of the covered agency action that is the basis of the covered civil action.
(iii)
Balancing of short- and long-term effects
As part of the weighing of the equities while considering any request for an injunction that applies to the covered agency action, the court shall balance the impact on the ecosystem likely to be affected by the covered agency action of—
(I) the short- and long-term effects of undertaking the covered agency action; and
(II) the short- and long-term effects of not undertaking the covered agency action.
(d)
Consistency Document
(1)
In general
For each project implemented under an environmental impact statement, the decision to proceed with the project shall be documented in a consistency document, which shall include, at a minimum—
(A) the record prepared, including the names of interested people groups and agencies contacted;
(B) a determination that no extraordinary circumstances exist; and
(C) a determination that the scope of work of the project is consistent with the original analysis and assumptions in the record of decision.
(2)
Time before implementing a project
The Secretary shall not implement a project described in paragraph (1) earlier than the date that is 30 days after the date on which a consistency document is made public.
(3)
Cause of action
(A)
In general
The only cause of action that may be brought challenging a consistency document shall be claims that the work to be performed under the consistency document is inconsistent with the record of decision or causes adverse impacts to species not listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) at the time the record of decision was prepared but which have been listed subsequent to the record of decision.
(B)
Limitation of actions
No cause of action may be maintained under subparagraph (A) unless commenced not later than 30 days after the date on which the consistency document is issued.
(4)
Projects outside scope
With respect to work in the forestry emphasis areas that falls outside the scope of the environmental impact statements prepared under this title—
(A) the work shall only be authorized under this title for a project that does not exceed 5,000 acres; and
(B) environmental analysis documents required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be completed for that work.
(e)
Coordination with other agencies; consultation
(1)
Multiagency coordination
(A)
Up-front planning and consultation
Not later than 7 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall invite the Director of the United States Fish and Wildlife Service, the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Environmental Protection Agency, the Governor of Oregon, the heads or equivalent duly-elected tribal government leaders of federally-recognized Indian tribes with aboriginal land in the covered area, and local governments in the covered area to participate in—
(i) the development of any environmental impact statement necessary to carry out this Act; and
(ii) subsequently, the revision of any resource management plan necessary to carry out this Act.
(B)
Assessments under the Endangered Species Act of 1973
(i)
In general
Not later than 90 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the Director the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration shall commence any assessments required under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to provide adequate consultation and quantify acceptable take levels for the planned treatments and projects under the environmental impact statement.
(ii)
Project-specific concurrence
(I)
In general
The Secretary may seek project-specific concurrence from the Director the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration.
(II)
Concurrence or objection
For a specific project that requires a consistency document under subsection (d) and would require documentation relating to the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.) in accordance with subclause (I), not later than 21 days after the date on which the Secretary seeks project-specific concurrence, the Director the United States Fish and Wildlife Service or the Administrator of the National Oceanic and Atmospheric Administration, as applicable, shall—
(aa) submit to the Secretary written concurrence that the project is not likely to adversely affect listed species or critical habitat, in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.); or
(bb) notify the Secretary that formal consultation will be required.
(C)
Participation by non-federal entities
Non-Federal entities may submit to the Secretary a request to participate in the development of any environmental impact statement and any resource management plan necessary under this Act.
(2)
Liaisons
Not later than 45 days after the date of enactment of the Oregon and California Land Grant Act, the Director the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration shall identify personnel that will serve as a liaison to the Secretary—
(A) to develop the environmental impact statements and resource management plans necessary under this Act; and
(B) address any issues at the project level under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(3)
Concurrent review
(A)
In general
Each cooperating agency, the Director of the United States Fish and Wildlife Service, and the Administrator of the National Oceanic and Atmospheric Administration shall carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process for the comprehensive environmental impact statement, unless doing so would impair the ability of the agency to conduct needed analysis or otherwise carry out those obligations.
(B)
Consultation and documents required under the Endangered Species Act of 1973
(i)
Informal consultation
Not later than 7 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall commence informal consultation with the Director of the United States
Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration on the implementation of this Act.
(ii)
Formal consultation
Not later than 90 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall commence formal consultation with the Director of the United States
Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration on the development of the draft environmental impact statement developed under subsection (c), in accordance with section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536).
(iii)
Draft environmental impact statement
Not later than 1 year after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall submit to the Director of the United States
Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration the draft environmental impact statement developed under subsection (c), in accordance with section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536).
(iv)
Supporting documents
Not later than 60 days after the date on which a draft environmental impact statement is published, the cooperating agencies shall submit to the Secretary any documents required of the cooperating agencies under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(4)
Escalation of interagency conflicts
(A)
In general
If a disagreement between the liaisons identified in paragraph (2) cannot be resolved within 14 days, the disagreement shall be escalated to the State directors, or if there are no State directors, the regional directors.
(B)
Further escalation
(i)
In general
If the State directors or regional directors, as applicable, cannot resolve the disagreement within the period beginning on the date on which the 14-day period described in subparagraph (A) expires and ending on the date that is 7 days after the date on which the 14-day period expires, the matter shall be escalated to the head of the applicable Federal agency.
(ii)
Final resolution
The head of the applicable Federal agency shall resolve the disagreement not later than 7 days after the date on which the disagreement is escalated under clause (i).
(5)
Applicability of northwest forest plan
The Northwest Forest Plan Survey and Manage Mitigation Measure Standard and Guidelines shall not apply to forestry emphasis areas.
(6)
Salmon
(A)
In general
The State shall be considered a cooperating agency for purposes of assisting the Administrator of the National Oceanic and Atmospheric Administration in managing salmon.
(B)
Memorandum of understanding
The State and the Administrator of the National Oceanic and Atmospheric Administration may enter into a memorandum of understanding or an agreement under section 6 of the Endangered Species Act of 1973 (16 U.S.C. 1535) in carrying out activities under subparagraph (A).
(C)
Administration
(i)
In general
If the Administrator of the National Oceanic and Atmospheric Administration fails to provide any necessary documentation relating to salmon required under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) within the required deadlines under this section, the Secretary shall consider as completed any documentation required of the Administrator under the environmental impact statement, unless the Secretary of Commerce notifies the Secretary of the Interior that additional time is needed.
(ii)
Nondelegation
The Secretary of Commerce shall not delegate the authority described in clause (i).
(7)
5-year reevaluation
(A)
In general
Not later than 5 years after the date on which an environmental impact statement is developed, the Director of the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration shall reevaluate the performed and proposed work and determine if the work complies with—
(i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
(ii) the environmental impact statement.
(B)
Reinitiation
(i)
In general
Subject to subparagraph (A) and clause (ii), if the Director of the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration determine that reinitiation of consultation is required due to new information relating to a threatened or endangered species, changed circumstances relating to a threatened or endangered species, or changed conditions relating to a threatened or endangered species—
(I) the consultation process under this subsection shall be reinitiated by reassessing changed circumstances or conditions relating to the threatened or endangered species not originally evaluated in the environmental impact statements; and
(II) the supporting documentation shall be modified not later than 90 days after the date on which the consultation commences to reflect the actual conditions.
(ii)
Management activities
Management activities under the comprehensive environmental impact statements developed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and subsection (a) shall continue while the modifications described in clause (i)(II) are being prepared.
(8)
Listings of endangered species
(A)
In general
The Secretary shall redesignate some of a conservation emphasis area as a forestry emphasis area and redesignate a forestry emphasis area that contains critical habitat as a conservation emphasis area if—
(i) a species is added to the list of endangered or threatened species under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)); and
(ii) critical habitat (as defined in section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532)) is designated within the forestry emphasis area that is incompatible with the harvest of timber under this Act.
(B)
Identification of lands to be redesignated
Not later than 120 days after the date of enactment of the Oregon and California Land Grant Act, the Secretary shall identify 10,000 acres of conservation emphasis area that could be redesignated under subparagraph (A).
105.
Management of conservation emphasis areas
(a)
In general
A conservation emphasis area shall be managed in accordance
with this Act and for the general purposes of ecological and conservation
benefits, including providing forest reserves that include—
(1) old growth and late successional habitat;
(2) clean air;
(3) water quality
filtration, purification, and storage;
(4) watershed
health;
(5) soil
stabilization;
(6) flood
control;
(7) native wildlife
biodiversity;
(8) connectivity;
(9) long-term storage
of carbon;
(10) climate
stabilization;
(11) pollination, seed
dispersal, soil formation, and nutrient cycling;
(12) recreational,
educational, and tourism opportunities; and
(13) aesthetic,
spiritual, and cultural heritage values.
(b)
Management
direction for conservation emphasis areas
(1)
Timber harvest
limitations
The cutting, sale, or removal of timber within a conservation emphasis area
may be permitted—
(A) to the extent
necessary to improve the health of the forest in a manner that—
(i) maximizes the
retention of large trees—
(I) as
appropriate to the forest type; and
(II) to
the extent that the trees promote stands that are fire resilient and
healthy;
(ii) improves the
habitats of threatened or endangered species or species considered sensitive by the Secretary over the long term following completion of the project;
(iii) maintains or
restores the composition and structure of the ecosystem by reducing the risk of
uncharacteristic wildfire; or
(iv) in the case of harvests in moist forest sites, is conducted—
(I) through variable density and clump-based thinning;
(II) in stands up to 80 years of age to accelerate development of structurally complex forest conditions; and
(III) in a manner that retains older trees and old growth;
(B) to carry out an
approved management activity in furtherance of the purposes of this section, if
the cutting, sale, or removal of timber is incidental to the management
activity; or
(C) for de minimis
personal or administrative use within the conservation emphasis area, if the use will
not impact the purposes of this section.
(2)
Road
construction
No new or temporary roads shall be constructed or reconstructed
within a conservation emphasis area after the date of enactment of the Oregon and California Land Grant Act of 2013 except as necessary—
(A) to protect the
health and safety of individuals in cases of an imminent threat of flood, fire,
or any other catastrophic event that, without intervention, would result in the
loss of life or property;
(B) to carry out
environmental cleanup activities required by the Federal Government;
(C) to allow for
the exercise of reserved or outstanding rights provided for by treaty or
Federal law;
(D) to prevent
irreparable resource damage by a road constructed before the date of enactment
of the Oregon and California Land Grant
Act; or
(E) to rectify a
hazardous road condition.
(3)
Withdrawal
Subject
to valid existing rights, all Federal land within the conservation emphasis area is
withdrawn from—
(A) all forms of
entry, appropriation, or disposal under the public land laws, except disposal
by exchange or sale in accordance with section 117;
(B) location, entry,
and patent under the mining laws; and
(C) disposition
under all laws relating to mineral and geothermal leasing.
(c)
Water quality protection in conservation emphasis areas
(1)
Riparian reserves
In carrying out the aquatic conservation strategy for conservation emphasis areas, key watersheds and drinking water emphasis areas, the Secretary shall establish riparian reserves that—
(A) in the case of land located along a fish-bearing stream, are 2 site-potential tree height or 300-feet slope distance, whichever is greater;
(B) in the case of land located along a permanently flowing nonfish-bearing stream, are 1 site-potential tree height or 150-feet slope distance, whichever is greater;
(C) in the case of land located along a seasonally flowing or intermittent stream, are whichever is greater among—
(i) the stream channel to the top of the inner gorge and out to the edge of the riparian vegetation;
(ii) a distance of 1 site-potential tree height; or
(iii) 100-feet slope distance;
(D) in the case of a wetland that is greater than 1 acre, a lake, or a natural pond, are whichever is greater among—
(i) the body of water and land located along the wetland, lake, or pond to the outer edges of riparian vegetation;
(ii) a distance 2 site-potential tree height; or
(iii) 300-feet slope distance;
(E) in the case of a constructed pond or a reservoir, are the area from the maximum pool elevation to a distance equal to the height of 1 site-potential tree or 150-feet slope distance, whichever is greater; and
(F) in the case of a wetland that is less than 1 acre or an unstable or potentially unstable area, are whichever is greater among—
(i) the extent of the unstable and potentially unstable area or the wetland less than 1 acre, as applicable, to the outer edges of the riparian vegetation;
(ii) a distance of 1 site-potential tree height; or
(iii) 150-feet slope distance.
(2)
Watershed analysis and review
(A)
In general
The Secretary shall regularly conduct watershed analysis and a review of aquatic and riparian resources to ensure adequate protections are being provided, consistent with the objectives described in section 102(e)(1).
(B)
Criteria
Criteria considered in the analysis shall include—
(i) the importance of the streams to salmon populations;
(ii) the impacts of thermal loading;
(iii) water quality; and
(iv) the potential for the delivery or deposition of sediment and wood from upslope sources.
(C)
Changes to strategy
If a peer-reviewed, multiagency report calls for changes to the aquatic conservation strategy or any riparian reserves on the conservation land to be consistent with purposes described in section 102(e)(1), the Secretary may consider changes as part of any modifications (revisions or amendments) to the relevant resource management plans.
(d)
Maps and legal
descriptions
(1)
In
general
As soon as practicable after the date of enactment of the
Oregon and California Land Grant
Act, the Secretary shall prepare a map and legal description for
the land described in sections 106 through 116.
(2)
Force of
law
The maps and legal descriptions described in paragraph (1)
shall have the same force and effect as if included in this Act, except that
the Secretary may correct typographical errors in the maps and legal
descriptions.
(3)
Public
availability
The maps and legal descriptions described in
paragraph (1) shall be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
106.
Rogue National
Recreation Area
(a)
Designation
There
is established a Rogue National Recreational Area to provide for the
protection, preservation, and enhancement of recreational, ecological, scenic,
cultural, watershed, and fish and wildlife values.
(b)
Boundary
The
Rogue National Recreation Area shall consist of certain Federal land managed by
the Bureau of Land Management, comprising approximately
94,700 acres, as generally depicted on
the map entitled O&C Land Grant Act of 2013: Rogue National Recreation Area and dated
November 18, 2013.
(c)
Administration
The
Secretary shall—
(1) administer the
Rogue National Recreation Area—
(A) in accordance with the applicable Federal laws
(including regulations) and rules applicable to the Bureau of Land Management; and
(B) consistent with section 105; and
(2) only allow uses
of the Rogue National Recreation Area that are consistent with the purposes
described in subsection (a).
(d)
Off-Road vehicles
The use of motorized vehicles on Bureau of Land Management holdings in the Rogue National Recreation Area shall be limited to roads designated by the Secretary.
(e)
Fish and wildlife
Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.
(f)
Adjacent management
Nothing in this section creates any protective perimeter or buffer zone around the Rogue National Recreation Area.
(g)
Protection of tribal rights
Nothing in this section diminishes any treaty rights of any Indian tribe.
(h)
Land reclassification
(1)
In general
The Secretary shall reclassify the approximately 8,600 acres of Federal land generally depicted on the map described in subsection (b) as Other BLM lands as Oregon and California Railroad grant land.
(2)
Applicability
The land reclassified under paragraph (1) shall be considered to satisfy any requirement to reclassify public domain land as Oregon and California Railroad grant land, including under sections 206 and 216 of the Oregon and California Land Grant Act of 2013.
107.
Molalla National Recreation Area
(a)
Designation
There is established a Molalla National Recreational Area to provide for the protection, preservation, and enhancement of recreational, ecological, scenic, cultural, watershed, and fish and wildlife values.
(b)
Boundary
The Molalla National Recreation Area shall consist of certain Federal land managed by the Bureau of Land Management, comprising approximately 24,100 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Molalla National Recreation Area and dated November 18, 2013.
(c)
Administration
The Secretary shall—
(1) administer the Molalla National Recreation Area—
(A) in accordance with the applicable Federal laws (including regulations) and rules applicable to the Bureau of Land Management; and
(B) consistent with section 105; and
(2) only allow uses of the Molalla National Recreation Area that are consistent with the purposes described in subsection (a).
(d)
Off-Road vehicles
The use of motorized vehicles on Bureau of Land Management holdings in the Molalla National Recreation Area shall be limited to roads designated by the Secretary.
(e)
Fish and wildlife
Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.
(f)
Adjacent management
Nothing in this section creates any protective perimeter or buffer zone around the Molalla National Recreation Area.
(g)
Protection of tribal rights
Nothing in this section diminishes any treaty rights of any Indian tribe.
(h)
Land reclassification
(1)
In general
The Secretary shall reclassify the approximately 12,000 acres of Federal land generally depicted on the map described in subsection (b) as Other BLM lands as Oregon and California Railroad grant land.
(2)
Applicability
The land reclassified under paragraph (1) shall be considered to satisfy any requirement to reclassify public domain land as Oregon and California Railroad grant land, including under sections 206 and 216 of the Oregon and California Land Grant Act of 2013.
108.
McKenzie
Drinking Water Special Management Unit
(a)
Establishment
There
is established a special resources management unit in the State consisting of
certain Federal land managed by the Bureau of Land Management, generally
depicted as the McKenzie Drinking Water Special Management Unit on the map entitled O&C Land Grant Act of 2013: McKenzie Drinking Water Area and dated November 18, 2013, to be known as the
McKenzie Drinking Water Special Management Unit (referred
to in this section as the Management Unit).
(b)
Purposes
The
purposes of the Management Unit are—
(1) to ensure the
protection of the McKenzie Watershed as a clean
drinking water source safeguarding the water quality and quantity of the Watershed, for the residents of Lane County, Oregon; and
(2) to allow visitors
to enjoy the special scenic, natural, cultural, and fish and wildlife values of the
McKenzie Watershed.
(c)
Administration
(1)
In
general
The Secretary shall—
(A) administer the
Management Unit—
(i) in accordance
with the laws (including regulations) and rules applicable to the Bureau of
Land Management; and
(ii) consistent with
section 105; and
(B) only allow uses
of the Management Unit that are consistent with the purposes described in
subsection (b).
(d)
Prohibited
activities
Subject to valid existing rights, the following
activities shall be prohibited on Bureau of Land Management land in the
Management Unit:
(1) Commercial
livestock grazing.
(2) The placement of
new fuel storage tanks.
(3) Except to the
extent necessary to further the purposes described in subsection (b), the
application of any toxic chemicals (other than fire retardants), including
pesticides.
(e)
Cooperation on private land
The
Secretary is encouraged to work with private landowners who have agreed to
cooperate with the Secretary to further the purposes of this section.
(f)
Off-Road vehicles
The use of motorized vehicles on Bureau of Land Management holdings in the Management Unit shall be limited to roads designated by the Secretary.
(g)
Fish and wildlife
Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.
(h)
Adjacent management
Nothing in this section creates any protective perimeter or buffer zone around the Management Unit.
(i)
Protection of tribal rights
Nothing in this section diminishes any treaty rights of any Indian tribe.
109.
Hillsboro Drinking Water Special Management Unit
(a)
Establishment
There is established a special resources management unit in the State consisting of certain Federal land managed by the Bureau of Land Management, generally depicted as the Hillsboro Drinking Water Special Management Unit on the map entitled O&C Land Grant Act of 2013 Hillsboro Drinking Water Area and dated November 18, 2013, to be known as the Hillsboro Drinking Water Special Management Unit (referred to in this section as the Management Unit).
(b)
Purposes
The purposes of the Management Unit are—
(1) to ensure the protection of the Hillsboro Watershed as a clean drinking water source, safeguarding the quality and quantity of the Watershed, for the residents of Washington County, Oregon; and
(2) to allow visitors to enjoy the special scenic, natural, cultural, and fish and wildlife values of the Hillsboro Watershed.
(c)
Administration
(1)
In general
The Secretary shall—
(A) administer the Management Unit—
(i) in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and
(ii) consistent with section 105; and
(B) only allow uses of the Management Unit that are consistent with the purposes described in subsection (b).
(d)
Prohibited activities
Subject to valid, existing rights, the following activities shall be prohibited on Bureau of Land Management land on the conservation emphasis areas in the Management Unit:
(1) Commercial livestock grazing.
(2) The placement of new fuel storage tanks.
(3) Except to the extent necessary to further the purposes described in subsection (b), the application of any toxic chemicals (other than fire retardants), including pesticides.
(e)
Cooperation on private land
The Secretary is encouraged to work with adjacent private landowners who have agreed to cooperate with the Secretary to further the purposes of this section.
(f)
Off-Road vehicles
The use of motorized vehicles on Bureau of Land Management holdings in the Management Unit shall be limited to roads designated by the Secretary.
(g)
Fish and wildlife
Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.
(h)
Adjacent management
Nothing in this section creates any protective perimeter or buffer zone around the Management Unit.
(i)
Protection of tribal rights
Nothing in this section diminishes any treaty rights of any Indian tribe.
110.
Clackamas Drinking Water Special Management Unit
(a)
Establishment
There is established a special resources management unit in the State consisting of certain Federal land managed by the Bureau of Land Management, generally depicted as the Clackamas Drinking Water Special Management Unit on the map entitled O&C Land Grant Act of 2013: Clackamas Drinking Water Area and dated November 18, 2013, to be known as the Clackamas Drinking Water Special Management Unit (referred to in this section as the Management Unit).
(b)
Purposes
The purposes of the Management Unit are—
(1) to ensure the protection of the Clackamas Watershed as a clean drinking water source, safeguarding the water quality and quantity of the Watershed, for the residents of Clackamas County, Oregon; and
(2) to allow visitors to enjoy the special scenic, natural, cultural, and fish and wildlife values of the Clackamas Watershed.
(c)
Administration
(1)
In general
The Secretary shall—
(A) administer the Management Unit—
(i) in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and
(ii) consistent with section 105; and
(B) only allow uses of the Management Unit that are consistent with the purposes described in subsection (b).
(d)
Prohibited activities
Subject to valid, existing rights, the following activities shall be prohibited on Bureau of Land Management land on the conservation emphasis areas in the Management Unit:
(1) Commercial livestock grazing.
(2) The placement of new fuel storage tanks.
(3) Except to the extent necessary to further the purposes described in subsection (b), the application of any toxic chemicals (other than fire retardants), including pesticides.
(e)
Cooperation on private land
The Secretary is encouraged to work with adjacent private landowners who have agreed to cooperate with the Secretary to further the purposes of this section.
(f)
Off-Road vehicles
The use of motorized vehicles on Bureau of Land Management holdings in the Management Unit shall be limited to roads designated by the Secretary.
(g)
Fish and wildlife
Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.
(h)
Adjacent management
Nothing in this section creates any protective perimeter or buffer zone around the Management Unit.
(i)
Protection of tribal rights
Nothing in this section diminishes any treaty rights of any Indian tribe.
111.
Springfield Drinking Water Special Management Unit
(a)
Establishment
There is established a special resources management unit in the State consisting of certain Federal land managed by the Bureau of Land Management, generally depicted as the Springfield Drinking Water Special Management Unit on the map entitled O&C Land Grant Act of 2013: Springfield Drinking Water Area and dated November 18, 2013, to be known as the Springfield Drinking Water Special Management Unit (referred to in this section as the Management Unit).
(b)
Purposes
The purposes of the Management Unit are—
(1) to ensure the protection of the Springfield Watershed as a clean drinking water source, safeguarding the water quality and quantity of the Watershed, for the residents of Springfield, Oregon and nearby communities; and
(2) to allow visitors to enjoy the special scenic, natural, cultural, and fish and wildlife values of the Springfield Watershed.
(c)
Administration
(1)
In general
The Secretary shall—
(A) administer the Management Unit—
(i) in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and
(ii) consistent with section 105; and
(B) only allow uses of the Management Unit that are consistent with the purposes described in subsection (b).
(d)
Prohibited activities
Subject to valid, existing rights, the following activities shall be prohibited on Bureau of Land Management land on the conservation emphasis areas in the Management Unit:
(1) Commercial livestock grazing.
(2) The placement of new fuel storage tanks.
(3) Except to the extent necessary to further the purposes described in subsection (b), the application of any toxic chemicals (other than fire retardants), including pesticides.
(e)
Cooperation on private land
The Secretary is encouraged to work with adjacent private landowners who have agreed to cooperate with the Secretary to further the purposes of this section.
(f)
Off-Road vehicles
The use of motorized vehicles on Bureau of Land Management holdings in the Management Unit shall be limited to roads designated by the Secretary.
(g)
Fish and wildlife
Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.
(h)
Adjacent management
Nothing in this section creates any protective perimeter or buffer zone around the Management Unit.
(i)
Protection of tribal rights
Nothing in this section diminishes any treaty rights of any Indian tribe.
112.
Cascade-Siskiyou National Monument Expansion
(a)
Expansion and
administration
Subject to valid existing rights, the Secretary
shall administer the approximately 2,050 acres of Bureau
of Land Management land generally depicted as ‘Cascade Siskiyou National Monument Expansion’ on the map
entitled O&C Land Grant Act of 2013: Cascade-Siskiyou National Monument Expansion and Pacific Crest Trail Protection Corridor and dated
November 18, 2013, as part of the Cascade-Siskiyou
National Monument (referred to in this section as the Monument), in
accordance with—
(1) this
section;
(2) Presidential
Proclamation Number 7318, dated June 9, 2000 (65 Fed. Reg. 37247); and
(3) section 105 and any law
(including regulations) generally applicable to Bureau of Land Management land,
including the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.).
(b)
Fire
management
As soon as practicable after the date of enactment of
this section, the Secretary shall—
(1) revise the fire
management plan for the Monument to include the land added to
the Monument under subsection (a); and
(2) in accordance
with the revised plan, carry out hazardous fuel management activities within
the boundaries of the Monument.
(c)
Grazing
(1)
In
general
Subject to paragraph (2), the Secretary may allow the
grazing of livestock within the approximately 2,050 acres of
expansion land to continue as authorized under permits or leases in existence
as of the date of enactment of this section.
(2)
Applicable
law
Grazing under paragraph (1) shall be—
(A) at a level not
greater than the level at which the grazing exists as of the date of enactment
of this section, as measured in Animal Unit Months; and
(B) in accordance
with applicable law.
(d)
Fish and
wildlife
Nothing in this section affects the jurisdiction or
responsibilities of the State with respect to fish and wildlife in the State.
(e)
Adjacent
management
Nothing in this section creates any protective
perimeter or buffer zone around the Monument additions.
(f)
Protection of
tribal rights
Nothing in this section diminishes any treaty
rights of any Indian tribe.
(g)
Land reclassification
(1)
In general
The Secretary shall reclassify the approximately 200 acres of Federal land generally depicted as Other BLM lands on the map described in subsection (b) as Oregon and California Railroad grant land.
(2)
Applicability
The land reclassified under paragraph (1) shall be considered to satisfy any requirement to reclassify public domain land as Oregon and California Railroad grant land, including under sections 206 and 216 of the Oregon and California Land Grant Act of 2013.
113.
Illinois Valley Salmon and Botanical Area Special Management Unit
(a)
Establishment
There is established a special resources management unit in the State consisting of certain Federal land managed by the Bureau of Land Management, as generally depicted on the map entitled O&C Land Grant Act of 2013: Illinois Valley Salmon and Botanical Area and dated November 18, 2013, to be known as the Illinois Valley Salmon and Botanical Area (referred to in this section as the Botanical Area).
(b)
Purposes
The purposes of the Botanical Area are to provide for the protection, preservation, and enhancement of botanical, nonmotorized recreational, ecological, scenic, cultural, watershed, and fish and wildlife values.
(c)
Administration
The Secretary shall—
(1) administer the Botanical Area—
(A) in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and
(B) consistent with section 105; and
(2) only allow uses of the Botanical Area that are consistent with the purposes described in subsection (b).
(d)
Off-Road vehicles
The use of motorized vehicles on Bureau of Land Management holdings in the Botanical Area shall be limited to roads designated by the Secretary.
(e)
Fish and wildlife
Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.
(f)
Adjacent management
Nothing in this section creates any protective perimeter or buffer zone around the Botanical Area.
(g)
Protection of tribal rights
Nothing in this section diminishes any treaty rights of any Indian tribe.
(h)
Land reclassification
(1)
In general
The Secretary shall reclassify the approximately 7,200 acres of Federal land generally depicted as Other BLM lands on the map described in subsection (a) as Oregon and California Railroad grant land.
(2)
Applicability
The land reclassified under paragraph (1) shall be considered to satisfy any requirement to reclassify public domain land as Oregon and California Railroad grant land, including under sections 206 and 216 of the Oregon and California Land Grant Act of 2013.
114.
Pacific Crest National Scenic Trail Protection Corridor
(a)
Establishment
The Secretary shall—
(1) not later than 1 year after the date of enactment of the Oregon and California Land Grant Act of 2013, establish a protection and management corridor in the State consisting of certain Federal land managed by the Bureau of Land Management, generally depicted as ‘Pacific Crest Trail Protection Corridor’ on the map entitled O&C Land Grant Act of 2013: Cascade-Siskiyou National Monument Expansion and Pacific Crest Trail Protection Corridor and dated November 18, 2013, to be known as the Pacific Crest Trail Corridor (referred to in this section as the PCT Corridor); and
(2) draw the PCT Corridor boundaries to include—
(A) all the Bureau of Land Management land within approximately 1/4 mile on either side of the Pacific Crest National Scenic Trail; and
(B) to the extent practicable, recreational, scenic, historical, wildlife, water, and other resources associated with the Pacific Crest National Scenic Trail that are in need of protection.
(b)
Administration
(1)
In general
The Secretary shall manage the Federal land administered by the Bureau of Land Management described in subsection (a) to protect and enhance enjoyment of the recreational, scenic, historical, wildlife, and water values of the PCT Corridor in as natural and undeveloped state as practicable.
(2)
Activities
Forest thinning and vegetation treatments should be considered consistent with paragraph (1) if the purpose is—
(A) to improve forest health when faced by a threat of fire, insect outbreak, or disease;
(B) to improve or maintain recreational facilities and opportunities; or
(C) to protect public health or safety.
(c)
Forest roads
Forest roads crossing the PCT Corridor or within the PCT Corridor shall be limited to those necessary for the proper use and administration of adjacent public land, as determined by the Secretary in applicable management plans.
(d)
Applicable law
If the PCT Corridor established by this subsection is within an area designated by Congress for special management, the most restrictive provisions of law shall apply.
(e)
Fish and wildlife
Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.
(f)
Adjacent management
Nothing in this section creates any protective perimeter or buffer zone around the PCT Corridor.
(g)
Protection of tribal rights
Nothing in this section diminishes any treaty rights of any Indian tribe.
115.
Primitive backcountry special management areas
(a)
Management
(1)
In general
The Secretary shall manage the Federal land administered by the Bureau of Land Management described in subsection (b) in a manner that preserves the natural and primitive character of the land for recreational, scenic, and scientific use.
(2)
Activities
Forest thinning and vegetation treatments should be considered consistent with paragraph (1) if the purpose is—
(A) to improve forest health when faced by a threat of fire, insect outbreak, or disease;
(B) to improve or maintain recreational facilities and opportunities; or
(C) to protect public health or safety.
(b)
Description of land
The Federal land referred to in subsection (a) is the following:
(1)
Grizzly peak primitive backcountry area
Certain Federal land managed by the Bureau of Land Management, comprising approximately 2,100 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Grizzly Peak Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Grizzly Peak Primitive Backcountry Area.
(2)
Dakubetede primitive backcountry area
Certain Federal land managed by the Bureau of Land Management, comprising approximately 21,200 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Dakubetede Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Dakubetede Primitive Backcountry Area.
(3)
Wellington wildlands primitive backcountry area
Certain Federal land managed by the Bureau of Land Management, comprising approximately 5,700 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Wellington Wildlands Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Wellington Wildlands Primitive Backcountry Area.
(4)
Mungers butte primitive backcountry area
Certain Federal land managed by the Bureau of Land Management, comprising approximately 10,200 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Mungers Butte Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Mungers Butte Primitive Backcountry Area.
(5)
Brummitt fir primitive backcountry area
Certain Federal land managed by the Bureau of Land Management, comprising approximately 2,000 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Brummitt Fir Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Brummitt Fir Primitive Backcountry Area.
(6)
Crabtree valley primitive backcountry area
Certain Federal land managed by the Bureau of Land Management, comprising approximately 2,100 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Crabtree Valley Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Crabtree Valley Primitive Backcountry Area.
(c)
Off-Road vehicles
The use of motorized vehicles on Bureau of Land Management holdings in the land described in subsection (b) shall be limited to roads designated by the Secretary.
(d)
Fish and wildlife
Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.
(e)
Adjacent management
Nothing in this section creates any protective perimeter or buffer zone around the land described in subsection (b).
(f)
Protection of tribal rights
Nothing in this section diminishes any treaty rights of any Indian tribe.
(g)
Land reclassification
(1)
In general
The Secretary shall reclassify the approximately 3,600 acres of Federal generally depicted as Other BLM lands on the maps described in subsection (b) as Oregon and California Railroad grant land.
(2)
Applicability
The land reclassified under paragraph (1) shall be considered to satisfy any requirement to reclassify public domain land as Oregon and California Railroad grant land, including under sections 206 and 216 of the Oregon and California Land Grant Act of 2013.
116.
Special Environmental Zones
(a)
Designation
There are established special resources management units consisting of current and proposed areas of critical environmental concern managed by the Bureau of Land Management that are not otherwise designated by this Act, as generally depicted on the map entitled O&C Land Grant Act of 2013: Special Environmental Zones and dated November 18, 2013, to be known as Special Environmental Zones (referred to in this section as Special Environmental Zones).
(b)
Purposes
The purposes of the Special Environmental Zones are to provide for the protection, preservation, and enhancement of ecological, scenic, cultural, watershed, and fish and wildlife values.
(c)
Administration
The Secretary shall—
(1) administer the Special Environmental Zones—
(A) in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and
(B) consistent with section 105; and
(2) only allow uses of the Special Environmental Zones that are consistent with the purposes described in subsection (b).
(d)
Off-Road vehicles
The use of motorized vehicles on Bureau of Land Management holdings in the Special Environmental Zones shall be limited to roads designated by the Secretary.
(e)
Fish and wildlife
Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.
(f)
Adjacent management
Nothing in this section creates any protective perimeter or buffer zone around the Special Environmental Zones.
(g)
Protection of tribal rights
Nothing in this section diminishes any treaty rights of any Indian tribe.
(h)
Effect on other laws
If a Special Environmental Zone established by this section is located within an area designated by Congress for special management, the most restrictive provisions of Federal law shall apply.
117.
Land ownership consolidation
(a)
In general
The Secretary shall seek to consolidate Federal and non-Federal land by conveying the covered land and by acquiring private or State-owned land to create more contiguous blocks of land under the jurisdiction of the Secretary—
(1) to improve the efficiency of management of the Federal land;
(2) to facilitate resource management on the Federal land; or
(3) to improve the conservation value of the Federal land.
(b)
Review
Not later than 180 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall review and inventory the covered land to identify any public land that—
(1) as the result of location or other characteristic, is no longer necessary or appropriate for continued Federal management in accordance with this Act; or
(2) is determined to facilitate achieving any of the purposes described in subsection (a).
(c)
Consultation with adjacent landowners
As soon as practicable after completing the review and inventory under subsection (b), the Secretary shall consult with the owners of adjacent land to determine whether there is mutual interest in entering into land exchanges if the exchange will meet any of the purposes described in subsection (a).
(d)
Expedited land exchanges
(1)
In general
If an owner of adjacent land described in subsection (c) expresses interest in participating in a land exchange under this section, the Secretary may complete that land exchange in accordance with paragraphs (2) through (5).
(2)
Public interest determination
(A)
In general
If an owner of adjacent land described in subsection (c) proposes to the Secretary entering into a land exchange under this section, the Secretary shall, not later than 90 days after receiving the proposal, determine whether the public interest will be well-served by making the exchange.
(B)
Failure to make public interest determination
If the Secretary fails to make the determination by the date described in subparagraph (A), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives—
(i) a report explaining the reason why the determination has not been made; and
(ii) every 30 days after the report described in clause (i) is submitted until the date on which the Secretary makes a determination, an updated report.
(3)
Exchange pending completion of appraisals
If the Secretary determines that a proposed land exchange is in the public interest, the Secretary may allow for the Federal and non-Federal land to be exchanged pending completion of appraisals, subject to a binding commitment from the non-Federal landowner and any terms and conditions the Secretary may require to ensure that the values of the Federal and non-Federal land are ultimately equal or equalized in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)).
(4)
Land of approximately equal value
In order to expedite a land exchange that the Secretary has determined to be in the public interest under paragraph (2), the Secretary may use the authority to exchange land of approximately equal value in accordance with section 206(h) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(h)) as applicable.
(5)
Additional exchange authority
The Secretary may exercise the authority under the Act of March 20, 1922 (16 U.S.C. 485), to facilitate land exchanges under this section, except that any reference to the Secretary of Agriculture in that Act shall be considered to be a reference to the Secretary, and any reference to national forests in that Act shall be considered to be a reference to covered land.
(e)
Sale of public land
(1)
In general
(A)
Establishment
The Secretary shall establish a program to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under this section.
(B)
Priority sales
The Secretary shall prioritize the sales of land of those parcels identified by the Secretary as suitable for disposal as of the date of enactment of the Oregon and California Land Grant Act of 2013, identified as Land Tenure, Zone 3 as generally depicted on the map entitled Western Oregon Forestry Land Tenure, Zone 3 and dated September 6, 2013.
(2)
Sale procedures
The sale of public land identified under subsection (a) shall be conducted in accordance with sections 203 and 209 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713, 1719).
(3)
Exceptions to competitive bidding requirements
The exceptions to competitive bidding requirements under section 203(f) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713(f)) shall apply to this section in cases in which the Secretary determines it to be necessary.
(f)
Use of proceeds
(1)
In general
Notwithstanding any other provision of law (other than a law that specifically provides for a portion of the proceeds of a land sale to be distributed to any trust fund of the State), proceeds from the sale under subsection (e) of land described in subsection (a) shall—
(A) in the case of land sold within a forestry emphasis area, be deposited into a separate account in the Treasury to be known as the O&C Land—Forestry Emphasis Areas Acquisition Account; and
(B) in the case of land sold within a conservation emphasis area, be deposited into a separate account in the Treasury to be known as the O&C Land—Conservation Emphasis Areas Acquisition Account.
(2)
Availability
Amounts in the accounts described in paragraph (1) shall be available to the Secretary, without further appropriation, to purchase land or interests in land, from willing sellers only, if acquisition of the non-Federal land will meet 1 or more of the purposes described in subsection (a).
(3)
Administrative expenses
An amount not to exceed 20 percent of the funds deposited in the accounts described in paragraph (1) may be used by the Secretary for administrative and other expenses necessary to carry out the activities authorized in this section.
(g)
Balance in accounts
The Secretary shall administer the balance in the accounts described in subsection (f)(1) as follows:
(1) The Secretary shall not complete the sale of more than 5,000 acres of the land identified under subsection (b) prior to obligating funds from the accounts described in subsection (f)(1) for the acquisition of at least 1 parcel.
(2) The Secretary shall seek to keep the balances in the accounts described in subsection (f)(1) low by using the funds in the accounts to acquire parcels as soon as practicable.
(h)
Acquired land
(1)
Forestry emphasis areas
Any land or interest in land acquired using funds from the O&C Land—Forestry Emphasis Areas Acquisition Account shall be administered by the Secretary in accordance with section 103.
(2)
Conservation emphasis areas
Any land or interest in land acquired using funds from the O&C Land—Conservation Emphasis Areas Acquisition Account shall be administered by the Secretary in accordance with section 105.
118.
Categorical
exclusions
(a)
In
general
Except as provided in subsection (c), the eligible
activities described in subsection (b) that are conducted on covered land in
accordance with this section shall be—
(1) considered an
action categorically excluded from the requirements for an environmental
assessment or an environmental impact statement under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) or section 1508.4 of
title 40, Code of Federal Regulations (or a successor regulation); and
(2) exempt from administrative review.
(b)
Eligible
activities
The eligible activities referred to in subsection (a)
consist of the following:
(1) The placement of
trees and portions of trees in streams to benefit fish species.
(2) The planting of
riparian vegetation with species of vegetation native to the State.
(3) The replacement
of culverts that—
(A) impede fish
passage; or
(B) are unable to
withstand a 100-year flood event.
(4) The removal of
any road that—
(A) was not
established by the Bureau of Land Management; and
(B) was established
less than 20 years before the date of removal of the road.
(c)
Exclusion of
certain areas
Subsection (a) does not apply to eligible
activities located in—
(1) a component of
the National Wilderness Preservation System;
(2) a wilderness
study area; or
(3) an area in which
activities described in subsection (b) would be inconsistent with the
applicable resource management plan.
119.
Closure or
decommissioning of Bureau of Land Management roads
(a)
Closure or
decommissioning of BLM roads
(1)
In general
The Secretary shall seek to close or decommission
nonessential roads on covered
land in a manner that, minimizes, to the maximum extent
practicable, the hydrologic impact of the closure or decommissioning.
(2)
Priority
In
carrying out paragraph (1), the Secretary shall prioritize nonessential roads
for closure or decommissioning, using the following criteria:
(A) Nonessential
roads that are most likely to cause the greatest magnitude of environmental
harm, including—
(i) roads located on steep
slopes;
(ii) roads located in a manner that
cause, or are at a risk of causing, chronic sedimentation, road failure,
landslides, or other environmental concerns (including roads with high
densities of stream crossings);
(iii) roads that pose
public safety concerns; or
(iv) roads that, if
closed or decommissioned, would significantly enhance watershed function and
wildlife habitat through the restoration of large blocks of habitat.
(B) The usage of the
nonessential road for administrative activities of the Bureau of Land
Management or by the public.
(C) The expenses
necessary to complete the closure or decommissioning of the nonessential
road.
(b)
Legacy roads and trails program
(1)
In general
The Secretary shall establish a program to be known as the Legacy Roads and Trails program to provide—
(A) urgently needed road decommissioning, road and trail repair and maintenance and associated activities, and removal of fish passage barriers, especially in areas in which roads may be contributing to water quality problems in streams and water bodies that support threatened, endangered, or sensitive species or community water sources;
(B) urgently needed road repairs required due to recent storm events; or
(C) the decommissioning of unauthorized roads that are not part of the transportation system.
(2)
Project selection
(A)
In general
The Secretary shall use public input in the selection of projects and display its selection process on the website of the Bureau of Land Management.
(B)
Priorities
In selecting projects under this subsection, the Secretary shall give priority to—
(i) decommissioning and repairing roads and trails in environmentally sensitive areas; and
(ii) areas in which roads may be contributing to water quality problems in streams and water bodies the support threatened or endangered species, or species considered sensitive by the Secretary.
(3)
Report to Congress
Not later than 120 days after the end of each fiscal year, the Secretary shall submit to Congress a report on the status of the projects selected for completion in the following 2 fiscal years.
(4)
Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2013 through 2023.
120.
Special
management and research areas
(a)
In general
The Secretary shall designate 50,000 acres across 2 to 5 sites in both moist forests and dry forests to be comanaged by the Secretary and Oregon State University as special management and research areas in accordance with the criteria described in subsection (b).
(b)
Criteria
In designating land as special management and research areas under subsection (a), the Secretary shall designate—
(1) 20 to 30 percent of land that is designated as Conservation Emphasis Areas on the maps described in section 102(a)(2);
(2) 70 to 80 percent of land that is designated as Forestry Emphasis Areas on the maps described in section 102(a)(2);
(3) land, to the maximum
extent practicable, contiguous to other land designated under subsection
(a);
(4) land within close
proximity of other land designated under subsection (a);
(5) land located within
150 miles of the main campus of Oregon State
University in Corvallis, Oregon; and
(6) selected in
consultation with Oregon State University.
(c)
Authorized
projects
Land designated under subsection (a) shall be used for
the conducting by institutions of higher education in the State of research
projects and demonstration projects that address—
(1) increasing social
awareness and knowledge of the environmental, social, and economic impacts on the
implementation of ecological forestry on public land;
(2) improving the
health of rural communities and citizens;
(3) reducing
catastrophic fires and the degradation of ecosystem health;
(4) increasing
conservation with a landscape approach; and
(5) understanding the
riparian reserve approaches authorized under this
Act.
(d)
Monitoring
Work performed on land designated under subsection (a) shall include—
(1) post-treatment monitoring of the effects of the treatments on the land; and
(2) if practicable, monitoring of other projects implemented under this Act, including monitoring by—
(A) diverse stakeholders;
(B) collaborative groups;
(C) Federal agencies; and
(D) institutions of higher educations.
(e)
Institutions of
higher education
At least 10 percent of the authorized projects
conducted annually under this section shall be conducted by an institution of
higher education in the State other than Oregon State University.
(f)
Minimum
acreage
(1)
In
general
At least 3,750 acres of the land designated under
subsection (a) shall be treated during each 5-year period.
(2)
Failure to
treat
If the minimum acreage under paragraph (1) is not treated
for two 5-year periods during a 20-year period, management of the land designated
under subsection (a) shall revert to traditional management status by the
Secretary.
(g)
Review
The
Bureau of Land Management State Director shall—
(1) review and decide
whether to permit each proposed treatment to be conducted as part of an
authorized project; and
(2) review for
adequacy the paperwork required to be prepared for each treatment.
(h)
Effect
Nothing
in this section supersedes or modifies any provision of Federal law not
expressly superseded or modified by this section.
121.
Compliance
(a)
In general
The Secretary shall establish guidelines to ensure that the following trees are not cut in the covered area in violation of this Act:
(1) Nest trees.
(2) Trees equal to or greater than 250 years of age measured at breast height.
(3) Old growth trees less than 250 years of age measured at breast height.
(b)
Issuance of penalty to the contractor
If a contractor cuts a tree described in paragraph (1) or (2) of subsection (a), the contractor shall make a payment to the Secretary equal to 3 times the value of that tree, as determined under subsection (c).
(c)
Valuation
(1)
In general
The stumpage value of the 1 or more trees described in paragraph (1) or (2) of subsection (a) shall be used to calculate the amount of the payment to be made under subsection (b) in accordance with this subsection.
(2)
Volume of trees cut
The volume of the trees cut shall be calculated using—
(A) the Scribner Decimal C Log Rule; and
(B) West-Side Scaling methods.
(3)
Stumpage value of trees
(A)
In general
The stumpage value of the trees cut shall be determined using the Log Price Report or other similar document prepared regularly by the Oregon Department of Forestry in accordance with this subsection.
(B)
Stumpage value
The stumpage value of the trees used shall be based on the average price paid by mills on delivery for similar trees harvested—
(i) in the same calendar year quarter that the trees cut were discovered to be in violation of this Act; and
(ii) in the same region of the State, as determined by the Oregon Department of Forestry.
(C)
Transportation costs
The costs of transporting the cut trees to a mill shall not be considered when determining the value of the trees under this subsection.
(d)
Penalty system
(1)
In general
Subject to paragraph (2), not later than 180 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall establish a penalty system designed to deter contractors from cutting trees in the covered area, in violation of this Act, that are between the ages of 150 and 250 measured at breast height.
(2)
Restrictions
(A)
In general
The penalty system under paragraph (1) shall allow for some de minimis quantity of trees described in that paragraph, as determined by the Secretary, to be determined to be trees cut in error and not subject to penalty.
(B)
Modification of penalty system
If the quantity of trees described in paragraph (1) that are cut by a contractor is greater than twice the de minimis quantity established by the Secretary, the Secretary shall, after public notice and opportunity to comment for a period of 30 days, revise the penalty system accordingly.
122.
Review by
advisory panel
(a)
In
general
Not later than 10
years after the date of enactment of the Oregon and California Land Grant Act of 2013 and every 10 years
thereafter, the Secretary shall convene a scientific and technical advisory
panel of scientists that are not permanent employees of the Bureau of Land Management to perform a
comprehensive scientific and managerial review on whether the provisions of
this Act have been implemented in a manner
that results in robust timber harvests and maintains environmental values,
including—
(1) the effect on forest health;
(2) the effect on watershed health;
(3) impacts to early and late successional habitat; and
(4) the effectiveness of the riparian reserves.
(b)
Report
Not later than 180 days after the date on
which a panel is convened under subsection (a), the panel shall submit to
Congress a report that includes recommendations with respect to the
implementation of this Act, including
recommendations for any additional legislation needed to implement this
Act.
123.
Transition
(a)
In general
During the period beginning on the date of enactment of the Oregon and California Land Grant Act of 2013 and ending 90 days after the date the record of decision is completed under section 104, a transition period (referred to in this section as the transition period) shall be in effect in accordance with this section.
(b)
Management
(1)
In general
Except as provided in paragraph (2), during the transition period, the Secretary shall manage the covered land, including continuing to plan timber sales and restoration projects, in accordance with the designations, allocation, and requirements of this Act.
(2)
Pending timber sales
Timber sales for which an environmental impact statement, environmental assessment, or categorical exclusion documentation required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been completed or will be completed during the 60-day period beginning on the date of enactment of the Oregon and California Land Grant Act of 2013 shall proceed in accordance with the terms of the sales.
(c)
Special administrative review process
The procedures established under section 105 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515) shall be the only process to administratively challenge projects during the transition period.
(d)
Existing contracts
(1)
In general
Any work or timber contract sold or awarded by the Secretary on or with respect to covered land before the date of enactment of the Oregon and California Land Grant Act of 2013 shall remain binding and effective according to the terms of the contract.
(2)
Administration
The Secretary shall seek to make such accommodations as are necessary to avoid interfering with the performance of a contract described in paragraph (1).
(e)
Existing access rights
(1)
In general
During the transition period, the Secretary shall preserve all rights of access and use of covered land (including reciprocal rights-of-way agreements, tail hold agreements, or other right-of-way or easement obligations) existing on the date of enactment of the Oregon and California Land Grant Act of 2013.
(2)
Administration
Rights described in paragraph (1) shall remain applicable to covered land in the same manner and to the same extent as the rights applied before the date of enactment of the Oregon and California Land Grant Act of 2013.
124.
Effect
Nothing in this Act affects any private ownership or rights, including rights-of-way and tribal treaty rights, or terminates any valid lease, permit, patent, or other right of authorization existing on the date of enactment of the Oregon and California Land Grant Act of 2013 with regard to covered land.
.
102.
Distribution of funds
(a)
In general
Title II of the Oregon and California Land Grant Act (43 U.S.C. 1181f) is amended to read as follows:
II
Distribution of funds
201.
Distribution of funds
(a)
Fund
Effective for fiscal year 2014 and each fiscal year thereafter, all funds deposited in the Treasury in the special fund designated the Oregon and California Railroad Land-Grant Fund shall be distributed annually in accordance with this section.
(b)
General fund
Subject to subsection (d)(4)(C), as soon as practicable after the end of each fiscal year described in subsection (a), $4,000,000 of all amounts received for the applicable fiscal year by the Secretary from the covered land shall be transferred to the general fund of the Treasury.
(c)
Administrative costs
(1)
In general
Subject to paragraph (2) and subsection (d)(4)(C), all amounts received for the applicable fiscal year by the Secretary from the covered land shall be used to pay for the management and administrative expenses for, and capital improvement costs on, covered land.
(2)
Limitations
The amount of revenue that is used to pay for expenses and costs for a fiscal year under paragraph (1) shall not exceed—
(A) 25 percent of all amounts received for the applicable fiscal year by the Secretary from the covered land during the fiscal year; or
(B) $20,000,000.
(d)
Payments to counties
(1)
In general
All amounts received for the applicable fiscal year by the Secretary from the covered land during a fiscal year that is in excess of the amount necessary to carry out subsections (b) and (c) shall be provided to the counties that contain covered land (referred to in this subsection as a covered county) in the form of annual payments.
(2)
Timing
Payments shall be made available to covered counties under this subsection as soon as practicable following the end of each fiscal year.
(3)
Other county funds
Payments made to covered counties under this subsection shall be used as other county funds.
(4)
Amount
(A)
In general
Subject to subparagraphs (B) and (C), for each fiscal year described in subsection (a), the amount of payments allocated under this subsection to each covered county for a fiscal year shall be equal to the ratio that—
(i) the assessed value of covered land in the covered county for fiscal year 1915; bears to
(ii) the assessed value of covered land in all covered counties for fiscal year 1915.
(B)
Nonassessed land
For purposes of subparagraph (A), the portion of the covered lands in each of the covered counties that was not assessed for fiscal year 1915 shall be considered to have been assessed at the average assessed value of the covered land in the covered county.
(C)
Minimum amount
(i)
In general
Subject to clauses (ii) and (iii), the annual payment paid to a covered county under this subsection, to the extent practicable, shall not be less than the payment that the covered county would have received solely under this Act for fiscal year 2013 if the covered county had elected to receive payment under this Act and not under any other law.
(ii)
Use of general fund share
If the portion of revenues to be provided to a covered county for a fiscal year is less than the amount described in clause (i), the payment made to the Treasury for the fiscal year under subsection (b) shall be reduced by an amount necessary to provide the minimum payments required under clause (i) for the covered county.
(iii)
Use of administrative costs share
If the minimum payments required under clause (i) could not be made to all covered counties after the payment made to the Treasury is reduced under clause (ii), the payment made for administrative expenses for the fiscal year under subsection (c) shall be reduced by an amount necessary to provide the minimum payments required under clause (i) for all covered counties.
.
(b)
Effective date
The amendment made by subsection (a) takes effect on October 1, 2013.
103.
Wild and Scenic River designations
(a)
In general
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:
(208)
Nestucca river, oregon
The approximately 15-mile segment from its confluence with Ginger Creek downstream until it crosses T. 4 S., R. 7 W., sec. 7, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river.
(209)
Walker creek, oregon
The approximately 3-mile segment from the headwaters in T. 3 S., R. 6 W., sec. 20 downstream to the confluence with the Nestucca River in T. 3 S., R. 6 W., sec. 15, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river.
(210)
North fork silver creek, oregon
The approximately 6-mile segment from the headwaters in T. 35 S., R. 9 W., sec. 1 downstream to the edge of the Bureau of Land Management boundary in T. 35 S., R. 9 W., sec. 17, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river.
(211)
Jenny creek, oregon
The approximately 20-mile segment from the Bureau of Land Management boundary located at the north boundary of the southwest quarter of the southeast quarter of T. 38 S., R. 4 E., sec. 34, Willamette Meridian, downstream to the Oregon State border, to be administered by the Secretary of the Interior as a scenic river.
(212)
Spring creek, oregon
The approximately 1-mile segment from its source at Shoat Springs in T. 40 S., R. 4 E., sec. 34, Willamette Meridian, downstream to the confluence with Jenny Creek in T. 41 S., R. 4 E., sec. 3, Willamette Meridian, to be administered by the Secretary of the Interior as a scenic river.
(213)
Lobster creek, oregon
The approximately 6-mile segment from T. 15 S., R. 8 W., sec. 35, Willamette Meridian, downstream to the edge of the Bureau of Land Management boundary in T. 15 S., R. 8 W., sec. 15, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river.
.
(b)
Withdrawal
Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by paragraphs (208) through (213) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is withdrawn from all forms of—
(1) entry, appropriation, or disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and geothermal leasing or mineral materials.
II
Tribal land
A
Oregon Coastal Land Conveyance
201.
Definitions
In this subtitle:
(1)
Federal
land
The term Federal land means the approximately
14,804 acres of Federal land, as generally depicted on the map entitled
Oregon Coastal Land Conveyance, and dated March 27, 2013.
(2)
Planning
area
The term planning area means land—
(A) administered by
the Director of the Bureau of Land Management; and
(B) located
in—
(i) the
Coos Bay District;
(ii) the Eugene
District;
(iii) the Medford
District;
(iv) the Roseburg
District;
(v) the
Salem District; and
(vi) the Klamath
Falls Resource Area of the Lakeview District.
(3)
Public domain land
(A)
In
general
The term public domain
land has the meaning given the term public lands in section
103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1702).
(B)
Exclusion
The
term public domain land does not include any land managed in
accordance with the Act of August 28, 1937 (43
U.S.C. 1181a et seq.).
(4)
Secretary
The
term Secretary means the Secretary of the Interior.
(5)
Tribe
The
term Tribe means the Confederated Tribes of Coos, Lower Umpqua,
and Siuslaw Indians.
202.
Conveyance
(a)
In
general
Subject to valid existing rights, including
rights-of-way, all right, title, and interest of the United States in and to
the Federal land, including any improvements located on the Federal land,
appurtenances to the Federal land, and minerals on or in the Federal land,
including oil and gas, shall be—
(1) held in trust by
the United States for the benefit of the Tribe; and
(2) part of the
reservation of the Tribe.
(b)
Survey
Not
later than 180 days after the date of enactment of this Act, the Secretary
shall complete a survey of the boundary lines to establish the boundaries of
the land taken into trust under subsection (a).
203.
Map and legal
description
(a)
In
general
As soon as practicable after the date of enactment of
this Act, the Secretary shall file a map and legal description of the Federal
land with—
(1) the Committee on
Energy and Natural Resources of the Senate; and
(2) the Committee on
Natural Resources of the House of Representatives.
(b)
Force and
effect
The map and legal description filed under subsection (a)
shall have the same force and effect as if included in this subtitle, except that
the Secretary may correct any clerical or typographical errors in the map or
legal description.
(c)
Public
availability
The map and legal description filed under subsection
(a) shall be on file and available for public inspection in the Office of the
Secretary.
204.
Administration
(a)
In
general
Unless expressly
provided in this subtitle, nothing in this subtitle affects any right or claim of the
Tribe existing on the date of enactment of this Act to any land or interest in
land.
(b)
Prohibitions
(1)
Exports of
unprocessed logs
Federal law (including regulations) relating to
the export of unprocessed logs harvested from Federal land shall apply to any
unprocessed logs that are harvested from the Federal land.
(2)
Non-permissible
use of land
Any real property taken into trust under section 202
shall not be eligible, or used, for any gaming activity carried out under
Public Law 100–497 (25 U.S.C. 2701 et seq.).
205.
Forest
management
Any commercial
forestry activity that is carried out on the Federal land shall be managed in
accordance with all applicable Federal laws.
206.
Land
reclassification
(a)
Identification
of Oregon and California Railroad grant land
Not later than 180 days
after the date of enactment of this Act, the Secretary of Agriculture and the
Secretary shall identify any Oregon and California Railroad
grant land that is conveyed under section 202.
(b)
Identification
of public domain land
Not later than 18 months after the date of
enactment of this Act, the Secretary shall identify public domain land
that—
(1) is approximately
equal in acreage and condition as the land identified under subsection (a);
and
(2) is located within
the planning area.
(c)
Maps
Not
later than 2 years after the date of enactment of this Act, the Secretary shall
submit to Congress and publish in the Federal Register 1 or more maps depicting
the land identified in subsections (a) and (b).
(d)
Reclassification
(1)
In
general
After providing an opportunity for public comment, the
Secretary shall reclassify the land identified in subsection (b) as Oregon and California Railroad grant land.
(2)
Applicability
The
Act of August 28, 1937 (43 U.S.C. 1181a et seq.),
shall apply to land reclassified as Oregon and California
Railroad grant land under paragraph (1).
B
Canyon Mountain Land Conveyance
211.
Definitions
In this subtitle:
(1)
Federal
land
The term Federal land means the approximately
17,826 acres of Federal land, as generally depicted on the map entitled
Canyon Mountain Land Conveyance, and dated June 27, 2013.
(2)
Planning
area
The term planning area means land—
(A) administered by
the Director of the Bureau of Land Management; and
(B) located
in—
(i) the
Coos Bay District;
(ii) the Eugene
District;
(iii) the Medford
District;
(iv) the Roseburg
District;
(v) the
Salem District; and
(vi) the Klamath
Falls Resource Area of the Lakeview District.
(3)
Public domain land
(A)
In
general
The term public domain
land has the meaning given the term public lands in section
103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1702).
(B)
Exclusion
The
term public domain land does not include any land managed in
accordance with the Act of August 28, 1937 (43
U.S.C. 1181a et seq.).
(4)
Secretary
The
term Secretary means the Secretary of the Interior.
(5)
Tribe
The
term Tribe means the Cow Creek Band of Umpqua Tribe of
Indians.
212.
Conveyance
(a)
In
general
Subject to valid existing rights, including
rights-of-way, all right, title, and interest of the United States in and to
the Federal land, including any improvements located on the Federal land,
appurtenances to the Federal land, and minerals on or in the Federal land,
including oil and gas, shall be—
(1) held in trust by
the United States for the benefit of the Tribe; and
(2) part of the
reservation of the Tribe.
(b)
Survey
Not
later than 180 days after the date of enactment of this Act, the Secretary
shall complete a survey of the boundary lines to establish the boundaries of
the land taken into trust under subsection (a).
213.
Map and legal
description
(a)
In
general
As soon as practicable after the date of enactment of
this Act, the Secretary shall file a map and legal description of the Federal
land with—
(1) the Committee on
Energy and Natural Resources of the Senate; and
(2) the Committee on
Natural Resources of the House of Representatives.
(b)
Force and
effect
The map and legal description filed under subsection (a)
shall have the same force and effect as if included in this subtitle except that
the Secretary may correct any clerical or typographical errors in the map or
legal description.
(c)
Public
availability
The map and legal description filed under subsection
(a) shall be on file and available for public inspection in the Office of the
Secretary.
214.
Administration
(a)
In
general
Unless expressly provided in this subtitle, nothing in this
subtitle affects any right or claim of the Tribe existing on the date of enactment
of this Act to any land or interest in land.
(b)
Prohibitions
(1)
Exports of
unprocessed logs
Federal law (including regulations) relating to
the export of unprocessed logs harvested from Federal land shall apply to any
unprocessed logs that are harvested from the Federal land.
(2)
Non-permissible
use of land
Any real property taken into trust under section 212
shall not be eligible, or used, for any gaming activity carried out under
Public Law 100–497 (25 U.S.C. 2701 et seq.).
215.
Forest
management
Any commercial
forestry activity that is carried out on the Federal land shall be managed in
accordance with all applicable Federal laws.
216.
Land
reclassification
(a)
Identification
of Oregon and California Railroad grant land
Not later than 180 days
after the date of enactment of this Act, the Secretary of Agriculture and the
Secretary shall identify any Oregon and California Railroad
grant land that is conveyed under section 212.
(b)
Identification
of public domain land
Not later than 18 months after the date of
enactment of this Act, the Secretary shall identify public domain land
that—
(1) is approximately
equal in acreage and condition as the land identified under subsection (a);
and
(2) is located within
the planning area.
(c)
Maps
Not
later than 2 years after the date of enactment of this Act, the Secretary shall
submit to Congress and publish in the Federal Register 1 or more maps depicting
the land identified in subsections (a) and (b).
(d)
Reclassification
(1)
In
general
After providing an opportunity for public comment, the
Secretary shall reclassify the land identified in subsection (b) as Oregon and California Railroad grant land.
(2)
Applicability
The
Act of August 28, 1937 (43 U.S.C. 1181a et seq.),
shall apply to land reclassified as Oregon and California
Railroad grant land under paragraph (1).
C
Amendments to Coquille
Restoration Act
221.
Amendments to Coquille
Restoration Act
Section 5(d)
of the Coquille Restoration Act (25 U.S.C. 715c(d)) is amended—
(1) by striking
paragraph (5) and inserting the following:
(5)
Management
(A)
In
general
Subject to subparagraph (B), the Secretary of the
Interior, acting through the Assistant Secretary for Indian Affairs,
shall—
(i) manage the
Coquille Forest in accordance with the laws pertaining to the management of
Indian trust land; and
(ii) distribute
revenues in accordance with the National Indian Forest Resources Management Act
(25 U.S.C. 3101 et seq.).
(B)
Administration
(i)
Unprocessed
logs
Unprocessed logs harvested from the Coquille Forest shall be
subject to the same Federal statutory restrictions on export to foreign nations
that apply to unprocessed logs harvested from Federal land.
(ii)
Sales of
timber
Notwithstanding any other provision of law, all sales of
timber from land subject to this subsection shall be advertised, offered, and
awarded according to competitive bidding practices, with sales being awarded to
the highest responsible
bidder.
;
(2) by striking
paragraph (9); and
(3) by redesignating
paragraphs (10) through (12) as paragraphs (9) through (11),
respectively.
III
Oregon treasures
A
Wild Rogue Wilderness Area
301.
Wild Rogue Wilderness Area
(a)
Definitions
In this section:
(1)
Commission
The term Commission means the Federal Energy Regulatory Commission.
(2)
Map
The term map means the map entitled Wild Rogue Wilderness Additions and dated June 12, 2013.
(3)
Secretary
The term Secretary means—
(A) the Secretary of the Interior, with respect to public land administered by the Secretary of the Interior; or
(B) the Secretary of Agriculture, with respect to National Forest System land.
(4)
Wilderness additions
The term Wilderness additions means the land added to the Wild Rogue Wilderness under subsection (b)(1).
(b)
Expansion of wild rogue wilderness area
(1)
Expansion
The approximately 56,100 acres of Federal land in the State of Oregon generally depicted on the map as BLM Proposed Wilderness and Proposed USFS Wilderness shall be added to and administered as part of the Wild Rogue Wilderness in accordance with Public Law 95–237 (16 U.S.C. 1132 note; 92 Stat. 43), except that—
(A) the Secretary of the Interior and the Secretary of Agriculture shall administer the Federal land under their respective jurisdiction; and
(B) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of Agriculture or the Secretary of the Interior, as applicable.
(2)
Map; legal description
(A)
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the wilderness area designated by paragraph (1).
(B)
Force of law
The map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct typographical errors in the map and legal description.
(C)
Public availability
The map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and Forest Service.
(3)
Correction
Section 3(b) of the Endangered American Wilderness Act of 1978 (16 U.S.C. 1132 note; Public Law 95–237; 92 Stat. 43) is amended by striking 3(a)(5) and inserting 3(a)(5)(A).
(4)
Withdrawal
Subject to valid existing rights, the Wilderness additions are withdrawn from all forms of—
(A) entry, appropriation, or disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
(5)
Tribal rights
Nothing in this subsection alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian tribe.
(c)
Potential addition to wilderness area
(1)
Designation
Subject to paragraph (3) and in furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain public land in the State of Oregon administered by the Secretary of the Interior, compromising approximately 600 acres, as generally depicted on the map as Potential Wilderness, shall be added to and administered as part of the Wild Rogue Wilderness.
(2)
Interim management
Subject to valid existing rights, the Secretary shall manage the land described in paragraph (1) to protect its suitability for designation as wilderness until the date on which the land is designated as wilderness in accordance with paragraph (3).
(3)
Wilderness designation
(A)
In general
The land described in paragraph (1) shall be designated as wilderness and added to and administered as part of the Wild Rogue Wilderness on the date on which the Secretary publishes in the Federal Register notice that the conditions in the potential wilderness area that are incompatible with the Wilderness Act (16 U.S.C. 1131 et seq.) have been removed.
(B)
Administration
On designation as wilderness under paragraph (1), the land described in that paragraph shall be administered in accordance with this Act, the Wilderness Act (16 U.S.C. 1131 et seq.), and Public Law 95–237 (16 U.S.C. 1132 note; 92 Stat. 40).
(4)
Withdrawal
Subject to valid existing rights, the land described in paragraph (1) is withdrawn from all forms of—
(A) entry, appropriation, or disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
(d)
Withdrawal area protections
(1)
In general
The Secretary shall manage the Federal land described in paragraph (2) in a manner that preserves the natural and primitive character of the land for recreational, scenic, and scientific use.
(2)
Description of the land
The Federal land referred to in paragraph (1) is the approximately 4,000 acres generally depicted on the map as Withdrawal Area.
(3)
Maps and legal descriptions
(A)
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the land described in paragraph (2).
(B)
Force of law
The map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct typographical errors in the map and legal description.
(C)
Public availability
The map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
(4)
Use of land
(A)
In general
Subject to valid existing rights, with respect to the Federal land described in paragraph (2), the Secretary shall only allow uses that are consistent with the purposes described in paragraph (1).
(B)
Prohibited uses
The following shall be prohibited on the Federal land described in paragraph (2):
(i) Permanent roads.
(ii) Commercial enterprises.
(iii) Except as necessary to meet the minimum requirements for the administration of the Federal land and to protect public health and safety—
(I) the use of motor vehicles; or
(II) the establishment of temporary roads.
(5)
Withdrawal
Subject to valid existing rights, the Federal land described in paragraph (2) is withdrawn from—
(A) all forms of entry, appropriation, or disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws relating to mineral and geothermal leasing or mineral materials.
(e)
Wild and scenic river designations, rogue river area
(1)
Amendments
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (5) and inserting the following:
(5)
Rogue, oregon
(A)
In general
The segment of the river extending from the mouth of the Applegate River downstream to the Lobster Creek Bridge, to be administered by the Secretary of the Interior or the Secretary of Agriculture, as agreed to by the Secretaries of the Interior and Agriculture or as directed by the President.
(B)
Additions
In addition to the segment described in subparagraph (A), there are designated the following segments in the Rogue River:
(i)
Kelsey creek
The approximately 4.8-mile segment of Kelsey Creek from the east section line of T. 32 S., R. 9 W., sec. 34, Willamette Meridian, to the confluence with the Rogue River, as a wild river.
(ii)
East fork kelsey creek
The approximately 4.6-mile segment of East Fork Kelsey Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 5, Willamette Meridian, to the confluence with Kelsey Creek, as a wild river.
(iii)
Whisky creek
(I)
Recreational river
The approximately 0.6-mile segment of Whisky Creek from the confluence of the East Fork and West Fork to 0.1 miles downstream from road 33-8-23, as a recreational river.
(II)
Wild river
The approximately 1.9-mile segment of Whisky Creek from 0.1 miles downstream from road 33-8-23 to the confluence with the Rogue River, as a wild river.
(iv)
East fork whisky creek
(I)
Wild river
The approximately 2.6-mile segment of East Fork Whisky Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 11, Willamette Meridian., to 0.1 miles downstream of road 33-8-26 crossing, as a wild river.
(II)
Recreational river
The approximately 0.3-mile segment of East Fork Whisky Creek from 0.1 miles downstream of road 33-8-26 to the confluence with Whisky Creek, as a recreational river.
(v)
West fork whisky creek
The approximately 4.8-mile segment of West Fork Whisky Creek from its headwaters to the confluence with Whisky Creek, as a wild river.
(vi)
Big windy creek
(I)
Scenic river
The approximately 1.5-mile segment of Big Windy Creek from its headwaters to 0.1 miles downstream from road 34-9-17.1, as a scenic river.
(II)
Wild river
The approximately 5.8-mile segment of Big Windy Creek from 0.1 miles downstream from road 34-9-17.1 to the confluence with the Rogue River, as a wild river.
(vii)
East fork big windy creek
(I)
Scenic river
The approximately 0.2-mile segment of East Fork Big Windy Creek from its headwaters to 0.1 miles downstream from road 34-8-36, as a scenic river.
(II)
Wild river
The approximately 3.7-mile segment of East Fork Big Windy Creek from 0.1 miles downstream from road 34-8-36 to the confluence with Big Windy Creek, as a wild river.
(viii)
Little windy creek
The approximately 1.9-mile segment of Little Windy Creek from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue River, as a wild river.
(ix)
Howard creek
(I)
Scenic river
The approximately 0.3-mile segment of Howard Creek from its headwaters to 0.1 miles downstream of road 34-9-34, as a scenic river.
(II)
Wild river
The approximately 6.9-mile segment of Howard Creek from 0.1 miles downstream of road 34-9-34 to the confluence with the Rogue River, as a wild river.
(x)
Mule creek
The approximately 6.3-mile segment of Mule Creek from the east section line of T. 32 S., R. 10 W., sec. 25, Willamette Meridian, to the confluence with the Rogue River, as a wild river.
(xi)
Anna creek
The approximately 3.5-mile segment of Anna Creek from its headwaters to the confluence with Howard Creek, as a wild river.
(xii)
Missouri creek
The approximately 1.6-mile segment of Missouri Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 24, Willamette Meridian, to the confluence with the Rogue River, as a wild river.
(xiii)
Jenny creek
The approximately 1.8-mile segment of Jenny Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec.28, Willamette Meridian, to the confluence with the Rogue River, as a wild river.
(xiv)
Rum creek
The approximately 2.2-mile segment of Rum Creek from the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 9, Willamette Meridian, to the confluence with the Rogue River, as a wild river.
(xv)
East fork rum creek
The approximately 1.3-mile segment of East Rum Creek from the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 10, Willamette Meridian, to the confluence with Rum Creek, as a wild river.
(xvi)
Wildcat creek
The approximately 1.7-mile segment of Wildcat Creek from its headwaters downstream to the confluence with the Rogue River, as a wild river.
(xvii)
Montgomery creek
The approximately 1.8-mile segment of Montgomery Creek from its headwaters downstream to the confluence with the Rogue River, as a wild river.
(xviii)
Hewitt creek
The approximately 1.2-mile segment of Hewitt Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 19, Willamette Meridian, to the confluence with the Rogue River, as a wild river.
(xix)
Bunker creek
The approximately 6.6-mile segment of Bunker Creek from its headwaters to the confluence with the Rogue River, as a wild river.
(xx)
Dulog creek
(I)
Scenic river
The approximately 0.8-mile segment of Dulog Creek from its headwaters to 0.1 miles downstream of road 34-8-36, as a scenic river.
(II)
Wild river
The approximately 1.0-mile segment of Dulog Creek from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue River, as a wild river.
(xxi)
Quail creek
The approximately 1.7-mile segment of Quail Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 1, Willamette Meridian, to the confluence with the Rogue River, as a wild river.
(xxii)
Meadow creek
The approximately 4.1-mile segment of Meadow Creek from its headwaters to the confluence with the Rogue River, as a wild river.
(xxiii)
Russian creek
The approximately 2.5-mile segment of Russian Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 20, Willamette Meridian, to the confluence with the Rogue River, as a wild river.
(xxiv)
Alder creek
The approximately 1.2-mile segment of Alder Creek from its headwaters to the confluence with the Rogue River, as a wild river.
(xxv)
Booze creek
The approximately 1.5-mile segment of Booze Creek from its headwaters to the confluence with the Rogue River, as a wild river.
(xxvi)
Bronco creek
The approximately 1.8-mile segment of Bronco Creek from its headwaters to the confluence with the Rogue River, as a wild river.
(xxvii)
Copsey creek
The approximately 1.5-mile segment of Copsey Creek from its headwaters to the confluence with the Rogue River, as a wild river.
(xxviii)
Corral creek
The approximately 0.5-mile segment of Corral Creek from its headwaters to the confluence with the Rogue River, as a wild river.
(xxix)
Cowley creek
The approximately 0.9-mile segment of Cowley Creek from its headwaters to the confluence with the Rogue River, as a wild river.
(xxx)
Ditch creek
The approximately 1.8-mile segment of Ditch Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 5, Willamette Meridian, to its confluence with the Rogue River, as a wild river.
(xxxi)
Francis creek
The approximately 0.9-mile segment of Francis Creek from its headwaters to the confluence with the Rogue River, as a wild river.
(xxxii)
Long gulch
The approximately 1.1-mile segment of Long Gulch from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 23, Willamette Meridian, to the confluence with the Rogue River, as a wild river.
(xxxiii)
Bailey creek
The approximately 1.7-mile segment of Bailey Creek from the west section line of T. 34 S., R.8 W., sec.14, Willamette Meridian, to the confluence of the Rogue River, as a wild river.
(xxxiv)
Shady creek
The approximately 0.7-mile segment of Shady Creek from its headwaters to the confluence with the Rogue River, as a wild river.
(xxxv)
Slide creek
(I)
Scenic river
The approximately 0.5-mile segment of Slide Creek from its headwaters to 0.1 miles downstream from road 33-9-6, as a scenic river.
(II)
Wild river
The approximately 0.7-mile section of Slide Creek from 0.1 miles downstream of road 33-9-6 to the confluence with the Rogue River, as a wild river.
.
(2)
Management
Each river segment designated by subparagraph (B) of section 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by paragraph (1)) shall be managed as part of the Rogue Wild and Scenic River.
(3)
Withdrawal
Subject to valid existing rights, the Federal land within the boundaries of the river segments designated under subparagraph (B) of section 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by paragraph (1)) is withdrawn from all forms of—
(A) entry, appropriation, or disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
(f)
Additional protections for rogue river tributaries
(1)
Licensing by commission
The Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project works on or directly affecting any stream described in paragraph (4).
(2)
Other agencies
(A)
In general
No department or agency of the United States shall assist by loan, grant, license, or otherwise in the construction of any water resources project on or directly affecting any stream segment that is described in paragraph (4), except to maintain or repair water resources projects in existence on the date of enactment of this Act.
(B)
Effect
Nothing in this paragraph prohibits any department or agency of the United States in assisting by loan, grant, license, or otherwise, a water resources project—
(i) the primary purpose of which is ecological or aquatic restoration; and
(ii) that provides a net benefit to water quality and aquatic resources.
(3)
Withdrawal
Subject to valid existing rights, the Federal land located within a 1/4 mile on either side of the stream segments described in paragraph (4), is withdrawn from all forms of—
(A) entry, appropriation, or disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
(4)
Description of stream segments
The following are the stream segments referred to in paragraph (1):
(A)
Kelsey creek
The approximately 4.5-mile segment of Kelsey Creek from its headwaters to the east section line of T. 32 S., R. 9 W., sec. 34.
(B)
East fork kelsey creek
The approximately 0.2-mile segment of East Fork Kelsey Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 5.
(C)
East fork whisky creek
The approximately 0.9-mile segment of East Fork Whisky Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 11.
(D)
Little windy creek
The approximately 1.2-mile segment of Little Windy Creek from its headwaters to the west section line of T. 33 S., R. 9 W., sec. 34.
(E)
Mule creek
The approximately 5.1-mile segment of Mule Creek from its headwaters to the east section line of T. 32 S., R. 10 W., sec. 25.
(F)
Missouri creek
The approximately 3.1-mile segment of Missouri Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 24.
(G)
Jenny creek
The approximately 3.1-mile segment of Jenny Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 28.
(H)
Rum creek
The approximately 2.2-mile segment of Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 9.
(I)
East fork rum creek
The approximately 0.8-mile segment of East Fork Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 10.
(J)
Hewitt creek
The approximately 1.4-mile segment of Hewitt Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 19.
(K)
Quail creek
The approximately 0.8-mile segment of Quail Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 1.
(L)
Russian creek
The approximately 0.1-mile segment of Russian Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 20.
(M)
Ditch creek
The approximately 0.7-mile segment of Ditch Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 5.
(N)
Long gulch
The approximately 1.4-mile segment of Long Gulch from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 23.
(O)
Bailey creek
The approximately 1.4-mile segment of Bailey Creek from its headwaters to the west section line of T. 34 S., R. 8 W., sec. 14.
(P)
Quartz creek
The approximately 3.3-mile segment of Quartz Creek from its headwaters to its confluence with the North Fork Galice Creek.
(Q)
North fork galice creek
The approximately 5.7-mile segment of the North Fork Galice Creek from its headwaters to its confluence with Galice Creek.
(R)
Grave creek
The approximately 10.2-mile segment of Grave Creek from the confluence of Wolf Creek downstream to the confluence with the Rogue River.
(S)
Centennial gulch
The approximately 2.2-mile segment of Centennial Gulch from its headwaters to its confluence with the Rogue River.
(T)
Galice creek
The approximately 2.2-mile segment of Galice Creek from the confluence with the South Fork Galice Creek downstream to the Rogue River.
B
Devil’s Staircase Wilderness
311.
Definitions
In this subtitle:
(1)
Map
The term map means the map
entitled Devil’s Staircase Wilderness Proposal and dated June 15,
2010.
(2)
Secretary
The term Secretary
means—
(A) with respect to land under the jurisdiction
of the Secretary of Agriculture, the Secretary of Agriculture; and
(B) with respect to land under the jurisdiction
of the Secretary of the Interior, the Secretary of the Interior.
(3)
State
The term State means the State
of Oregon.
(4)
Wilderness
The term Wilderness means the
Devil’s Staircase Wilderness designated by section 312(a).
312.
Devil’s Staircase Wilderness,
Oregon
(a)
Designation
In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the approximately 30,540 acres of Forest Service land and
Bureau of Land Management land in the State, as generally depicted on the map,
is designated as wilderness and as a component of the National Wilderness
Preservation System, to be known as the Devil’s Staircase
Wilderness.
(b)
Map; legal description
(1)
In general
As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map and legal description
of the Wilderness.
(2)
Force of law
The map and legal description prepared
under paragraph (1) shall have the same force and effect as if included in this
Act, except that the Secretary may correct clerical and typographical errors in
the map and legal description.
(3)
Availability
The map and legal description prepared
under paragraph (1) shall be on file and available for public inspection in the
appropriate offices of the Forest Service and Bureau of Land Management.
(c)
Administration
Subject to valid existing rights, the area
designated as wilderness by this section shall be administered by the Secretary
in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except
that—
(1) any reference in that Act to the effective
date shall be considered to be a reference to the date of enactment of this
Act; and
(2) any reference in that Act to the Secretary
of Agriculture shall be considered to be a reference to the Secretary that has
jurisdiction over the land within the Wilderness.
(d)
Fish and Wildlife
Nothing in this section affects the
jurisdiction or responsibilities of the State with respect to fish and wildlife
in the State.
(e)
Adjacent management
(1)
In general
Nothing in this section creates any
protective perimeter or buffer zone around the Wilderness.
(2)
Activities outside wilderness
The fact that a nonwilderness activity or
use on land outside the Wilderness can be seen or heard within the Wilderness
shall not preclude the activity or use outside the boundary of the
Wilderness.
(f)
Protection of Tribal Rights
Nothing in this section diminishes any
treaty rights of an Indian tribe.
(g)
Transfer of administrative
jurisdiction
(1)
In general
Administrative jurisdiction over the
approximately 49 acres of Bureau of Land Management land north of the Umpqua
River in sec. 32, T. 21 S., R. 11 W, is transferred from the Bureau of Land
Management to the Forest Service.
(2)
Administration
The Secretary shall administer the land
transferred by paragraph (1) in accordance with—
(A) the Act of March 1, 1911 (commonly known as
the Weeks Law) (16 U.S.C. 480 et seq.); and
(B) any laws (including regulations) applicable
to the National Forest System.
313.
Wild and Scenic River designations, Wasson
Creek and Franklin Creek, Oregon
Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) (as amended by section 103(a)) is amended by adding at the end the following:
(214)
Franklin Creek, Oregon
The 4.5-mile segment from its headwaters to
the line of angle points within sec. 8, T. 22 S., R. 10 W., shown on the survey
recorded in the Official Records of Douglas County, Oregon, as M64–62, to be
administered by the Secretary of Agriculture as a wild river.
(215)
Wasson Creek, Oregon
The 10.1-mile segment in the following
classes:
(A) The 4.2-mile segment from the eastern
boundary of sec. 17, T. 21 S., R. 9 W., downstream to the western boundary of
sec. 12, T. 21 S., R. 10 W., to be administered by the Secretary of the
Interior as a wild river.
(B) The 5.9-mile segment from the western
boundary of sec. 12, T. 21 S., R. 10 W., downstream to the eastern boundary of
the northwest quarter of sec. 22, T. 21 S., R. 10 W., to be administered by the
Secretary of Agriculture as a wild
river.
.
C
Additional wild and scenic river designations and technical corrections
321.
Designation of Wild and Scenic River segments, Molalla River, Oregon
(a)
In general
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:
(208)
Molalla river, oregon
(A)
In general
The following segments in the State of Oregon, to be administered by the Secretary of the Interior as a recreational river:
(i)
Molalla river
The approximately 15.1-mile segment from the southern boundary line of T. 7 S., R. 4 E., sec. 19, downstream to the edge of the Bureau of Land Management boundary in T. 6 S., R. 3 E., sec. 7.
(ii)
Table rock fork molalla river
The approximately 6.2-mile segment from the easternmost Bureau of Land Management boundary line in the NE 1/4 sec. 4, T. 7 S., R. 4 E., downstream to the confluence with the Molalla River.
(B)
Withdrawal
Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by subparagraph (A) is withdrawn from all forms of—
(i) entry, appropriation, or disposal under the public land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) disposition under all laws relating to mineral and geothermal leasing or mineral materials.
.
(b)
Technical corrections
Section 3(a)(102) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(102)) is amended—
(1) in the heading, by striking Squaw creek and inserting Whychus creek;
(2) in the matter preceding subparagraph (A), by striking McAllister Ditch, including the Soap Fork Squaw Creek, the North Fork, the South Fork, the East and West Forks of Park Creek, and Park Creek Fork and inserting Plainview Ditch, including the Soap Creek, the North and South Forks of Whychus Creek, the East and West Forks of Park Creek, and Park Creek; and
(3) in subparagraph (B), by striking McAllister Ditch and inserting Plainview Ditch.
322.
Technical corrections to the Wild and Scenic Rivers Act
Section 3(a)(69) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(69)) is amended—
(1) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and indenting appropriately;
(2) in the matter preceding clause (i) (as so redesignated), by striking The 44.5-mile and inserting the following:
(A)
Designations
The 44.5-mile
;
(3) in clause (i) (as so redesignated)—
(A) by striking 25.5-mile and inserting 27.5-mile; and
(B) by striking Boulder Creek at the Kalmiopsis Wilderness boundary and inserting Mislatnah Creek;
(4) in clause (ii) (as so redesignated)—
(A) by striking 8-mile and inserting 7.5-mile; and
(B) by striking Boulder Creek to Steel Bridge and inserting Mislatnah Creek to Eagle Creek;
(5) in clause (iii) (as so redesignated)—
(A) by striking 11-mile and inserting 9.5-mile; and
(B) by striking Steel Bridge and inserting Eagle Creek; and
(6) by adding at the end the following:
(B)
Withdrawal
Subject to valid rights, the Federal land within the boundaries of the river segments designated by subparagraph (A), is withdrawn from all forms of—
(i) entry, appropriation, or disposal under the public land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
.