,,ii #aacth ,,congress #ast ,session ,s4 #aghd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #i1 #bjac,mr4 ,wyden introduced the following bill2 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 land1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,oregon and ,california ,land ,grant ,act of #bjac4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,management on ,oregon and ,california ,railroad and ,coos ,bay ,wagon ,road grant land,sec4 #aja4 ,management on ,oregon and ,california ,railroad and ,coos ,bay ,wagon ,road grant land4,sec4 #ajb4 ,distribution of funds4,sec4 #ajc4 ,wild and ,scenic ,river designations4,,title ,,ii--,tribal land,subtitle ,a--,oregon ,coastal ,land ,conveyance,sec4 #bja4 ,definitions4,sec4 #bjb4 ,conveyance4,sec4 #bjc4 ,map and legal description4,sec4 #bjd4 ,administration4,sec4 #bje4 ,forest management4,sec4 #bjf4 ,land reclassification4,subtitle ,b--,canyon ,mountain ,land ,conveyance,sec4 #baa4 ,definitions4,sec4 #bab4 ,conveyance4,sec4 #bac4 ,map and legal description4,sec4 #bad4 ,administration4,sec4 #bae4 ,forest management4,sec4 #baf4 ,land reclassification4,subtitle ,c--,amendments to ,coquille ,restoration ,act,sec4 #bba4 ,amendments to ,coquille ,restoration ,act4,,title ,,iii--,oregon treasures,subtitle ,a--,wild ,rogue ,wilderness ,area,sec4 #cja4 ,wild ,rogue ,wilderness ,area4,subtitle ,b--,devil's ,staircase ,wilderness ,sec4 #caa4 ,definitions4,sec4 #cab4 ,devil's ,staircase ,wilderness1 ,oregon4,sec4 #cac4 ,wild and ,scenic ,river designations1 ,wasson ,creek and ,franklin ,creek1 ,oregon4,subtitle ,c--,additional wild and scenic river designations and technical corrections,sec4 #cba4 ,designation of ,wild and ,scenic ,river segments1 ,molalla ,river1 ,oregon4,sec4 #cbb4 ,technical corrections to the ,wild and ,scenic ,rivers ,act4 ,i ,management on ,oregon and ,california ,railroad and ,coos ,bay ,wagon ,road grant land #aja4 ,management on ,oregon and ,california ,railroad and ,coos ,bay ,wagon ,road grant land ,the ,act of ,august #bh1 #aicg 7#dc ,u4,s4,c4 #aaha;a et seq471 is amended-- 7#a7 by redesignating sections #b1 #d1 and #e 7#dc ,u4,s4,c4 #aaha;b1 #aaha;d1 #aaha;e7 as sections #aai1 #abj1 and #aba1 respectively2 and 7#b7 by striking the first section and inserting the following3 #a4 ,short title ,this ,act may be cited as the ,oregon and ,california ,land ,grant ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,archeological site ,the term archeological site means any district1 site1 building1 structure1 or object that is included in or eligible for inclusion in the ,national ,register under section #ajf of the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj;f74 7#b7 ,conservation emphasis area ,the term conservation emphasis area means covered land that is devoted to conservation uses as designated on the map under section #ajb7;a77#b74 7#c7 ,covered land ,the term covered land means ,oregon and ,california ,railroad and ,coos ,bay ,wagon ,road grant land described in section #aja4 7#d7 ,department ,the term ,department means the ,department of the ,interior4 7#e7 ,dry forest ,the term dry forest means-- 7,a7 during the #aj-year period beginning on the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac1 land generally depicted as dry forest on the map entitled ,o,c ,land ,grant ,act of #bjac3 ,moist ,forests and ,dry ,forests and dated ,november #ah1 #bjac1 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 ,secretary2 and 7,b7 after the period described in subparagraph 7,a71 land designated as dry forest by the ,secretary under section #ajc7;b74 7#f7 ,ecological forestry ,the term ecological forestry means forestry that-- 7,a7 incorporates principles of natural forest development 7including the role of natural disturbances7 in the initiation1 development1 and maintenance of stands and landscape mosaics2 and 7,b7 is based on the application of the best available ecological understanding of forest ecosystems in managing those ecosystems to achieve integrated environmental1 economic1 and cultural outcomes4 7#g7 ,forestry emphasis area ,the term forestry emphasis area means covered land that is primarily devoted to a sustained yield of timber harvest over time1 as designated on the map under section #ajb7;a77#a74 7#h7 ,key watershed ,the term key watershed means a watershed that-- 7,a7 is critical to #a or more populations of native fish2 7,b7 provides high quality water2 and 7,c7 is the same as #a of the key watersheds designated under the ,northwest ,forest ,plan4 7#i7 ,moist forest ,the term moist forest means-- 7,a7 during the #aj-year period beginning on the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac1 land generally depicted as moist forest on the map entitled ,o,c ,land ,grant ,act of #bjac3 ,moist ,forests and ,dry ,forests and dated ,november #ah1 #bjac1 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 ,secretary2 and 7,b7 after the period described in subparagraph 7,a71 land designated as moist forest by the ,secretary under section #ajc7;b74 7#aj7 ,monument ,the term ,monument means the ,cascade-,siskiyou ,national ,monument 7as defined in section #adja of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #dca note2 ,public ,law #aaa-aa774 7#aa7 ,nest tree 7,a7 ,in general ,the term nest tree means a tree that-- 7i7 is currently in use by a northern spotted owl for nesting2 or 7ii7 has been documented to have been used by a northern spotted owl for nesting during the previous #e-year period4 7,b7 ,exclusion ,the term nest tree does not include a tree that has been used by a northern spotted owl for nesting during the previous #e-year period if the tree-- 7i7 is located in an area in which a major disturbance 7such as a crown fire1 tree defoliating insect or disease outbreak1 or blow down7 has occurred during the period2 and 7ii7 is not currently being occupied by a northern spotted owl4 7#ab7 ,old growth ,the term old growth means-- 7,a7 in the case of a moist forest1 trees that are-- 7i7 greater than #aej years of age measured at breast height2 or 7ii7 7,i7 in a stand of trees in which the average stand age is #abj years or greater as of the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac2 and 7,,ii7 generally depicted as old growth stands on the map entitled ,o,c ,land ,grant ,act of #bjac3 ,legacy ,old ,growth ,protection ,network and dated ,november #ah1 #bjac2 and 7,b7 in the case of a dry forest1 trees that are greater than #aej years of age measured at breast height4 7#ac7 ,older trees ,the term older trees means trees that are older than #ajj years of age but less than #aej years of age measured at breast height as of the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac4 7#ad7 ,residence ,the term residence means a privately owned1 permanent structure that is-- 7,a7 maintained for habitation as a dwelling or workplace2 and 7,b7 located in an area with a density that is greater than #a structure per #bj acres4 7#ae7 ,riparian reserve ,the term riparian reserve means an area that is-- 7,a7 solely devoted to achieving the goals for the aquatic conservation strategy described in section #ajb7;e72 and 7,b7 generally located along a river1 stream1 lake1 wetland1 or other hydrologic feature or unstable or potentially unstable area for which special standards and guidelines direct land use4 7#af7 ,salmon 7,a7 ,in general ,the term salmon means any of the wild anadromous ,oncorhynchus species that occur in the ,state4 7,b7 ,inclusions ,the term salmon includes-- 7i7 chinook salmon 7,oncorhynchus tshawytscha72 7ii7 coho salmon 7,oncorhynchus kisutch72 7iii7 chum salmon 7,oncorhynchus keta72 7iv7 steelhead trout 7,oncorhynchus mykiss72 and 7v7 coastal cutthroat trout 7,oncorhynchus clarkii clarkii74 7#ag7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,bureau of ,land ,management4 7#ah7 ,site-potential tree height ,the term site-potential tree height means the average maximum height of the tallest dominant trees that are #bjj years of age for a given site class4 7#ai7 ,stands less than or equal to #hj years of age ,the term stands less than or equal to #hj years of age means stands of trees in forestry emphasis areas that are less than or equal to #hj years of age as generally depicted on the map entitled ,o,c ,land ,grant ,act of #bjac3 ,forest ,stands ,less ,than or ,equal to #hj ,years of ,age and dated ,november #ah1 #bjac4 7#bj7 ,state ,the term ,state means the ,state of ,oregon4 7#ba7 ,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 areas4 7#bb7 ,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 operations4 7#bc7 ,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 areas4 7#bd7 ,watershed protection ,the term watershed protection means sustaining and enhancing watershed functions that affect the plant1 animal1 and human communities within a watershed boundary4 7#be7 ,watershed restoration ,the term watershed restoration means a comprehensive1 long-term restoration intended to restore watershed health and an aquatic ecosystem1 including the habitat supporting fish and other aquatic and riparian-dependent organisms and the ecological processes that create and maintain habitats4 ,i ,management on ,oregon and ,california ,railroad and ,coos ,bay ,wagon ,road grant land #aja4 ,land management 7a7 ,in general ,notwithstanding the ,act of ,june #i1 #aiaf 7#ci ,stat4 #bah1 chapter #acg71 and the ,act of ,february #bf1 #aiai 7#dj ,stat4 #aagi1 chapter #dg71 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 ,act4 7b7 ,effect ,except as specifically provided in this ,act1 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 #bjac4 #ajb4 ,allocation and management of covered land 7a7 ,in general ,as designated on the map entitled ,o,c ,land ,grant ,act of #bjac3 ,forestry ,emphasis ,areas and ,conservation ,emphasis ,areas and dated ,november #ah1 #bjac1 covered land shall be allocated into-- 7#a7 forestry emphasis areas2 and 7#b7 conservation emphasis areas4 7b7 ,management ,covered land shall be managed in a manner that is consistent with this ,act and under management strategies that-- 7#a7 consider human and economic dimensions of the management of covered land2 7#b7 protect the long-term health of forests1 wildlife1 and waterways2 7#c7 are scientifically sound1 ecologically credible1 and legally responsible2 7#d7 produce a predictable and sustainable level of timber sales and nontimber resources that do not significantly degrade the environment2 and 7#e7 emphasize collaboration among the ,federal agencies responsible for management of covered land4 7c7 ,forestry emphasis areas 7#a7 ,in general ,forestry emphasis areas shall be managed for permanent forest production4 7#b7 ,timber ,timber from forestry emphasis areas shall be sold1 cut1 and removed in conformity with the principle of sustained yield and ecological forestry for the purposes of-- 7,a7 providing a permanent source of timber supply2 7,b7 protecting watersheds2 7,c7 regulating stream flow2 7,d7 contributing to the economic stability of local communities and industries2 and 7,e7 providing recreational facilities and opportunities4 7d7 ,old growth trees 7#a7 ,in general ,except as provided in paragraph 7#c71 the ,secretary shall prohibit the cutting or removal of any old growth in a covered area4 7#b7 ,legacy old growth protection network 7,a7 ,in general ,the stands depicted on the map entitled ,o,c ,land ,grant ,act of #bjac3 ,legacy ,old ,growth ,protection ,network and dated ,november #ah1 #bjac1 shall be designated as the ,legacy ,old ,growth ,protection ,network to provide for the protection1 preservation1 and enhancement of ecological1 scenic1 cultural1 watershed1 and fish and wildlife values4 7,b7 ,management ,the ,secretary shall-- 7i7 prohibit harvest of trees within the areas designated under subparagraph 7,a72 and 7ii7 only allow uses that are consistent with the purposes described in subparagraph 7,a74 7#c7 ,exceptions 7,a7 ,in general ,paragraph 7#a7 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 paragraph4 7,b7 ,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 #c1jjj to complete to meet the objectives of the project if the old growth tree is not removed4 7,c7 ,public safety purposes ,an old growth tree may be cut or removed for public safety purposes if-- 7i7 a federally employed forester or certified arborist determines the old growth tree is likely to fall within #a year2 and 7ii7 the fall of the old growth tree could-- 7,i7 injure a member of the public or an employee of the ,department that regularly is in the vicinity of the old growth tree2 or 7,,ii7 cause property damage in excess of #c1jjj4 7,d7 ,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-- 7i7 approves the research project2 and 7ii7 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 ,secretary4 7,e7 ,special use purposes 7i7 ,in general ,an old growth tree may be cut or removed for special use purposes that are limited to-- 7,i7 a utility right-of-way1 if there is no reasonable alternative2 or 7,,ii7 a cultural use by a federally recognized ,indian tribe4 7ii7 ,informal rulemaking ,before allowing a special use under this subparagraph1 the ,secretary shall conduct an informal rulemaking with a #ij-;day public comment period4 7,f7 ,administration ,in carrying out this paragraph1 the ,secretary shall-- 7i7 provide public notice of the location of the trees2 7ii7 certify the reasons for allowing the cutting or removal of old growth trees under this paragraph2 and 7iii7 seek public comment on the cutting or removal for at least #g days if more than #e trees will be cut or removed within a #cj-;day period in the same #e-level hydrologic unit code watershed4 7,g7 ,commercial sale ,any tree cut or removed under this paragraph may not be sold commercially4 7#d7 ,old growth identification ,not later than #a year after the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac1 the ,secretary shall develop protocols for identifying trees greater than #aej years of age at breast height4 7e7 ,water quality protection 7#a7 ,in general ,the primary focus of aquatic and riparian protection in the covered area shall be to protect1 maintain1 and restore natural ecological functions and processes beneficial to water quality and quantity1 including temperature and turbidity1 native fish and wildlife1 and watershed resilience1 including the continued provision of ecosystem services4 7#b7 ,aquatic conservation strategy 7,a7 ,in general ,the ,secretary shall carry out an aquatic conservation strategy to promote the objectives described in paragraph 7#a7 and the resiliency of the aquatic ecosystems consistent with the goals of the aquatic conservation strategy4 7,b7 ,goals ,the goals of the aquatic conservation strategy shall be-- 7i7 to protect1 maintain1 and restore aquatic ecosystems and the associated ecological processes for fish1 other aquatic organisms1 riparian-dependent species1 and human needs across a region2 7ii7 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 disturbances2 7iii7 to protect important drinking water source areas and maintain and restore water quality necessary to support healthy riparian1 aquatic1 and wetland ecosystems2 and 7iv7 to protect1 maintain1 and restore in-stream flows sufficient to create and sustain riparian1 aquatic1 and wetland habitats and to retain patterns of sediment1 nutrient1 and wood routing4 7#c7 ,program components ,the aquatic conservation strategy shall incorporate the key components of the aquatic conservation strategy described in paragraph 7#b71 which shall operate to maintain and restore the productivity and resiliency of riparian and aquatic ecosystems1 including-- 7,a7 riparian reserves2 7,b7 watershed analysis2 7,c7 key watersheds2 and 7,d7 watershed restoration4 7#d7 ,riparian reserves 7,a7 ,in general ,riparian reserves shall be established in the covered area to protect1 maintain1 and restore ecosystem health at watershed and landscape scales and to promote the objectives described in paragraph 7#a71 consistent with section #ajc7;f7 for the forestry emphasis areas and section #aje7;c7 for the conservation emphasis areas4 7,b7 ,riparian reserve management 7i7 ,in general ,management and restoration activities in riparian reserves shall only be undertaken to protect1 maintain1 or restore aquatic resources as provided in this subsection4 7ii7 ,timber harvest ,except as provided in section #ajc7;f71 timber harvest in riparian reserves shall only occur in stands less than or equal to #hj years of age4 7#e7 ,standards for key watersheds 7,a7 ,in general ,key watersheds1 drinking water emphasis areas1 and drinking water special management units established under sections #ajh1 #aji1 #aaj1 and #aaa shall have the highest priority for watershed restoration and protection in the covered area4 7,b7 ,watershed analyses ,watershed analysis shall be required before timber harvests occur in key watersheds1 other than minor activities that are categorically excluded under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,c7 ,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 section4 7#f7 ,roads restrictions 7,a7 ,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 #bjac4 7,b7 ,temporary roads ,not later than the earlier of the date that is #a year after the vegetation management project is completed or the date that is #b years after the activities for which a temporary road was constructed are completed1 temporary roads that are constructed on covered land1 if necessary1 shall be made benign by-- 7i7 closing the temporary roads2 and 7ii7 7,i7 decommissioning the temporary roads2 or 7,,ii7 placing the temporary roads into short-term storage4 7,c7 ,reduction in roads ,to the maximum extent practicable and subject to the availability of appropriations1 the ,secretary shall reduce the total quantity of road miles for system and nonsystem roads1 with priority for road reductions given to key watersheds4 7,d7 ,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 strategy4 7,e7 ,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 watersheds1 drinking water emphasis areas1 and conservation emphasis areas4 7,f7 ,watershed analysis ,in carrying out a watershed analysis under this ,act1 the ,secretary shall identify roads that the ,secretary determines could be closed or decommissioned4 7#g7 ,woody debris augmentation 7,a7 ,in general ,during periods of timber harvesting1 the ,secretary shall carry out tree tipping activities on riparian reserves on covered land1 as the ,secretary determines necessary1 to improve timber delivery to streams4 7,b7 ,fish habitat ,the ,secretary shall annually use approximately #a1jjj1jjj of amounts made available under this ,act to transport and place large trees in streams on ,federal1 ,state1 or private land to improve the quality of fish habitat1 as the ,secretary determines necessary4 #ajc4 ,management of forestry emphasis areas 7a7 ,management actions 7#a7 ,in general ,silvicultural activities shall be conducted in a forestry emphasis area1 and the forestry emphasis area shall be managed1 in accordance with this section4 7#b7 ,management actions ,management actions shall be considered in the environmental impact statement required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and section #ajd7;a74 7b7 ,determination of moist forests and dry forests 7#a7 ,in general ,during the #aj-year period beginning on the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac1 the moist and dry forests shall be determined as depicted on the map entitled ,o,c ,land ,grant ,act of #bjac3 ,moist ,forests and ,dry ,forests1 and dated ,november #ah1 #bjac1 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 ,secretary4 7#b7 ,redesignation ,not later than #aj years after the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac and every #aj years thereafter1 the ,secretary shall reevaluate the initial assignments of land areas in moist forest and dry forest categories in forestry emphasis areas under paragraph 7#a7 based on-- 7,a7 plant association groups2 and 7,b7 the criteria described in this subsection4 7#c7 ,moist forests ,for purposes of this subsection1 moist forests generally-- 7,a7 experience infrequent wildfires at intervals of #a to several centuries1 including extensive areas in which fire severity results in stand-replacement conditions2 and 7,b7 include the following plant association groups3 7i7 the ,western ,hemlock 7,tsuga heterophylla7 series2 7ii7 the ,sitka ,spruce 7,picea sitchensis7 series2 7iii7 the ,western ,redcedar 7,thuja plicata7 series2 7iv7 the ,pacific ,silver ,fir 7,abies amabilis7 series2 7v7 the ,mountain ,hemlock 7,tsuga mertensiana7 series2 7vi7 the ,subalpine ,fir-,engelmann ,spruce 7,abies lasiocarpa-,picea engelmannii7 series2 7vii7 the ,tanoak 7,lithocarpus densiflorus7 series2 7viii7 the ,moist ,grand ,fir 7,abies grandis7 plant association group2 and 7ix7 the ,moist ,white ,fir 7,abies concolor7 plant association group4 7#d7 ,dry forests ,for purposes of this subsection1 dry forests generally-- 7,a7 experience relatively frequent and predominantly low- and mixed-severity fires2 and 7,b7 include the following plant association groups3 7i7 the ,moist ,grand ,fir 7,abies grandis7 plant association group2 7ii7 the ,moist ,white ,fir 7,abies concolor7 plant association group2 7iii7 the ,ponderosa ,pine 7,pinus ponderosa7 series2 7iv7 the ,oregon ,white ,oak 7,quercus garryana7 series2 7v7 the ,douglas-fir 7,pseudotsuga menziesii7 series2 7vi7 the ,jeffrey ,pine 7,pinus jeffreyi7 series2 7vii7 the ,dry ,grand ,fir 7,abies grandis7 plant association group2 and 7viii7 the ,dry ,white ,fir 7,abies concolor7 plant association group4 7#e7 ,mixed forests 7,a7 ,in general ,for purposes of this ,act1 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 land1 landscape context1 and management goals4 7,b7 ,mixed forests ,on a site at which dry and moist forests combine and are not readily separated1 management shall be based on the dominant type in terms of area4 7#f7 ,administration ,in carrying out this subsection1 the ,secretary shall-- 7,a7 provide the public a period of not less than #fj days to comment on the redesignation of moist forests and dry forests2 and 7,b7 redesignate moist forests and dry forests once every #aj years4 7c7 ,vegetation treatments 7#a7 ,in general ,vegetation treatments shall be developed consistent with this subsection4 7#b7 ,no significant negative effects ,a vegetation treatment under this section shall be-- 7,a7 considered in the environmental impact statement required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and section #ajd7;a72 and 7,b7 designed to produce no significant negative effects on-- 7i7 cultural sites of federally recognized ,indian tribes2 7ii7 inventoried roadless areas2 7iii7 the existing integrity of archeological sites2 7iv7 highly erodible land2 7v7 wetland under the jurisdiction of the ,corps of ,engineers or delineated by the ,natural ,resources ,conservation ,service2 and 7vi7 species listed as endangered or threatened species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 unless incidental take statements have been issued for the listed species4 7#c7 ,attaining no significant negative effects ,a proposed silvicultural treatment on land described in clauses 7i7 through 7v7 of paragraph 7#b77;,b7 shall seek to produce no significant negative impact primarily by-- 7,a7 not harvesting trees1 or operating heavy equipment1 on the sites2 or 7,b7 mitigating the impact of the treatment through actions such as the capping of archeological sites with wood chips1 except that relying on mitigation measures to achieve no significant negative impact may only be used infrequently for timber sales4 7#d7 ,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 #aifi 7#db ,u4,s4,c4 #dcba et seq47 and section #ajd7;a7 for land identified by the ,secretary as part of northern spotted owl recovery plan ,action #aj or #cb can only occur if the ,secretary1 acting through the ,united ,states ,fish and ,wildlife ,service1 releases an opinion that the proposed vegetative treatment is-- 7,a7 compatible with requirements under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 for the northern spotted owl1 considered over the long-term2 or 7,b7 necessary to address a severe threat of disease1 insects1 or fire4 7#e7 ,water quality 7,a7 ,in general ,in addition to standards under any applicable environmental law1 a vegetation treatment for a timber sale under this section shall be designed so that the sale does not result in measurable1 significant negative impacts on water quality4 7,b7 ,determination points ,for the purposes of assessing potential negative impacts on water quality under this section from vegetation treatments1 the ,secretary shall only consider water quality-- 7i7 at the time of the determination to determine the present condition2 and 7ii7 at a time that is #e years after the date of the initial determination and that is at least #b years after the date of the timber sale4 7#f7 ,nest trees 7,a7 ,in general ,no nest tree shall be cut in a forestry emphasis area unless the nest tree poses a repeated1 imminent threat to the safety of the public or employees of the ,department4 7,b7 ,surveys 7i7 ,in general ,not earlier than #ahj days before the date the ,secretary plans to offer a timber sale in a forestry emphasis area1 the ,secretary shall survey the timber sale area to locate potential nest trees that the ,secretary has not located4 7ii7 ,duration ,the duration of the survey shall be such that the ,secretary shall have an employee survey for nest trees at a rate of #a day for each #ajj acres of the timber sale4 7,c7 ,information from public ,during the #ad-;day period beginning on the date a consistency document required under section #ajd7;d7 is completed for a project1 the ,secretary shall accept information from the public concerning the location of nest trees4 7,d7 ,protections ,the ,secretary shall ensure that the protections required under this ,act are provided for verified nest trees4 7#g7 ,marbled murrelet habitat ,consistent with the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 if the harvest of timber within a limited area of marbled murrelet habitat would provide benefits to a forest ecosystem 7including the increased diversity of stand structure1 composition1 and age and reducing the scarcity of early successional habitat71 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 occur4 7#h7 ,sustained yield 7,a7 ,in general ,the ,secretary shall1 to the maximum extent practicable1 provide a sustained yield of timber harvest1 averaged over a #aj-year period1 from the forestry emphasis area1 that is calculated assuming an ecological forestry approach1 unless the action will have severe adverse environmental1 economic1 or social consequences4 7,b7 ,sustained yield calculation ,the ,secretary shall calculate the sustained yield for a #ej-year period as part of the environmental impact statement required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and section #ajd7;a74 7,c7 ,reserved areas ,in calculating the sustained yield from a forestry emphasis area1 the ,secretary shall not include the volume of timber that could be offered from reserved areas1 such as conservation emphasis areas4 7d7 ,management of moist forests 7#a7 ,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 7including principles relating to variable retention regeneration harvests7 described in paragraph 7#b74 7#b7 ,ecological forestry principles for moist forests ,the ecological forestry principles referred to in paragraph 7#a7 include-- 7,a7 the retention of old growth2 7,b7 the seeking of opportunities to retain older trees if practicable2 7,c7 the acceleration of the development of structural complexity1 including spatial heterogeneity1 in younger stands1 through the use of diverse silvicultural approaches1 such as variable density and clump-based prescriptions2 7,d7 the implementation of variable retention regeneration harvesting activities that retain approximately #a_/c of the live basal area of the forest within the harvest area1 primarily in aggregates1 including riparian and other reserves and dispersed individual and small clusters of conifers and hardwoods within the harvest area unit1 a portion of which may be used for snag creation1 except that old growth stands shall not be considered as part of the #a_/c basal area retention2 7,e7 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 ecosystems2 7,f7 the use of rotations of sufficient length to allow stands to redevelop with levels of structural complexity and biodiversity characteristics of late-successional stands1 but when the stands reach the rotation age of the stands1 the stands will be regenerated through variable-retention harvesting2 and 7,g7 the establishment of a silvicultural system that includes the development and management of multiaged1 mixed-species stands on harvest rotation periods of #hj to #abj years4 7#c7 ,variable retention regeneration 7,a7 ,in general ,the ,secretary shall designate not less than #h percent and not more than #ab percent of the moist forests described in paragraph 7#a7 as land on which the ,secretary shall carry out variable retention regeneration harvesting activities1 consistent with this section1 during each #aj-year period in a manner consistent with the environmental impact statement required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and section #ajd7;a74 7,b7 ,applicability ,the moist forests designated as variable retention regeneration harvest land under subparagraph 7,a7 shall not be limited to stands that have generally reached the culmination of mean annual increment4 7#d7 ,thinning 7,a7 ,in general ,the ,secretary shall carry out thinning activities in the moist forests described in paragraph 7#a7 to promote tree growth and ecological health and variability4 7,b7 ,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 development4 7,c7 ,limitations 7i7 ,in general ,in carrying out thinning activities under this paragraph1 the ,secretary shall not reduce the total basal area of the stand 7as determined on the date on which the thinning activities commence7 by more than #ej percent4 7ii7 ,old growth trees ,the ,secretary shall exclude old growth trees from thinning activities under this paragraph4 7e7 ,management of dry forests 7#a7 ,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 7#b7 and1 as determined necessary by the ,secretary1 with fire resiliency needs1 consistent with this subsection4 7#b7 ,ecological forestry principles in dry forests ,the ecological forestry principles referred to in paragraph 7#a7 include-- 7,a7 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 insects1 disease1 and fire2 7,b7 the retention and protection of important structures such as large hardwoods1 snags1 and logs2 7,c7 the reduction of overall stand densities through partial cutting in an effort to-- 7i7 reduce basal areas to desired levels1 particularly in overstocked stands2 7ii7 increase the mean stand diameter2 7iii7 shift the composition of stands to fire- and drought-tolerant species2 and 7iv7 retain older trees for replacement purposes2 7,d7 the restoration of spatial heterogeneity through the variation of the treatment of stands1 such as by leaving untreated patches1 creating openings of not more than #b4e acres1 and establishing tree clumps and isolated single trees2 7,e7 the establishment of new tree cohorts of shade-intolerant species in created openings1 generally varying in size between #j4b and #b4e acres2 7,f7 the harvesting of timber during the restoration process2 7,g7 the maintenance of sustainable and fire-resilient conditions in perpetuity through active management of the dry forests in accordance with this subsection1 including the treatment of activity fuels and the restoration of historic levels of surface fuels and understory vegetation using prescribed fire and mechanical activities2 7,h7 the planning and implementation of activities at the landscape level to maintain not less than #a_/c of the dry forests as denser landscape-scale patches to provide greater forest density for endangered and threatened species and their prey2 and 7,i7 the retention of a basal area after a partial cut that is not less than #ce percent of the initial basal area of the sale area4 7#c7 ,fire resiliency 7,a7 ,vegetation treatment near residences 7i7 ,in general ,for a forestry emphasis area that is designated as a dry forest under this section and located within 4#be miles of a residence1 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 wildfire4 7ii7 ,administration 7,i7 ,in general ,in carrying out vegetation treatment activities on land described in clause 7i71 the ,secretary shall-- 7aa7 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 spread1 duration1 and intensity2 and 7bb7 treat surface fuels 7including activity fuels1 low brush1 and deadwood7 on that land that could promote the spread of wildfire in a manner designed to achieve an average of a #d-;foot maximum flame length under average severe fire weather conditions4 7,,ii7 ,timber sales ,if a timber sale is planned within #a_/b mile of a residence1 the ,secretary is encouraged to carry out vegetation treatment activities on that ,federal land at the same time as the timber sale4 7,,iii7 ,county actions ,a county may carry out a fuel reduction project on the land described in clause 7i7 in a manner consistent with subclause 7,i7 if-- 7aa7 the county notifies the ,secretary of the intent of the county to carry out the project1 including a description of the project and duration of the project2 7bb7 the ,secretary determines the project is consistent with this ,act and is in the best interest of the public2 and 7cc7 the county carries out the project using county funds1 which may include amounts made available to the county under this ,act4 7iii7 ,prioritization ,in prioritizing fire resiliency projects under this subparagraph1 the ,secretary or the county may use project recommendations received from a resource advisory council or described in a community wildfire protection plan4 7,b7 ,private landowner actions on ,federal land 7i7 ,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 #ajj feet of the residence of that person without a permit from the ,secretary if-- 7,i7 the treatment is carried out at the expense of the person2 7,,ii7 the person notifies the ,secretary of the intent to treat that land2 and 7,,iii7 the person carries out the treatment activities in accordance with clause 7iii74 7ii7 ,notice 7,i7 ,in general ,not less than #cj days before beginning to treat land described in clause 7i71 the person shall notify the ,secretary of the intention of that person to treat that land4 7,,ii7 ,commencement ,not less than #ae days before the date of the commencement of treatment actions1 the person shall notify the ,secretary before beginning the treatment4 7iii7 ,applicability ,a person treating land described in clause 7i7 shall carry out the treatment as follows3 7,i7 ,no dead tree1 nest tree1 old growth1 or tree greater than #bd inches in diameter shall be cut4 7,,ii7 ,any residual trees shall be pruned-- 7aa7 to a height of the lesser of #aj feet or #ej percent of the crown height of the tree2 and 7bb7 such that all parts of the tree are at not less than #aj feet away from the residence4 7,,iii7 ,vegetation shall be cut such that-- 7aa7 less flammable species are favored for retention2 and 7bb7 the adequate height and spacing between bushes and trees are maintained4 7,,iv7 ,no herbicide or insecticide application shall be used4 7,v7 ,all slash created from treatment activities under this subparagraph shall be removed or treated not later than #fj days after the date on which the slash is created4 7f7 ,water protection in forestry emphasis areas 7#a7 ,riparian reserve and buffer system 7,a7 ,in general ,in carrying out the aquatic conservation strategy in forestry emphasis areas1 the ,secretary shall establish riparian reserves that-- 7i7 in the case of land located along a fish-bearing stream1 are #a site-potential tree height or #aej feet slope distance1 whichever is greater2 7ii7 in the case of land located along a permanently flowing nonfish-bearing stream1 are #a_/b of a site-potential tree height or #ge feet slope distance1 whichever is greater2 7iii7 in the case of land located along a seasonally flowing or intermittent stream1 are whichever is greater among-- 7,i7 the stream channel to the top of the inner gorge and out to the edge of the riparian vegetation2 7,,ii7 a distance of #a_/b of a site-potential tree height2 or 7,,iii7 #ge-;feet slope distance2 7iv7 in the case of a wetland greater than #a acre1 a lake1 or a natural pond1 are whichever is greater among-- 7,i7 the body of water and land located along the wetland1 lake1 or pond to the outer edges of riparian vegetation2 7,,ii7 a distance of #b site-potential tree height2 or 7,,iii7 #cjj-;feet slope distance2 7v7 in the case of a constructed pond or a reservoir1 are the area from the maximum pool elevation to a distance equal to the height of #a site-potential tree or #aej-;feet slope distance1 whichever is greater2 and 7vi7 in the case of a wetland that is less than #a acre or an unstable or potentially unstable area1 are whichever is greater among-- 7,i7 the extent of the unstable and potentially unstable area or the wetland less than #a acre1 as applicable1 to the outer edges of the riparian vegetation2 7,,ii7 a distance of #a site-potential tree height2 or 7,,iii7 #aej-;feet slope distance4 7,b7 ,nonfish-bearing streams 7i7 ,in general ,for a nonfish-bearing stream1 the ,secretary shall establish a buffer of an additional #a_/b of a site-potential tree height or #ge feet slope distance1 whichever is greater1 which buffer shall be available for timber management using ecological forestry principles while maintaining wood delivery to streams4 7ii7 ,restrictions 7,i7 ,in general ,a timber harvest on the buffer land described in clause 7i7 shall be-- 7aa7 conducted in accordance with the principles of ecological forestry2 and 7bb7 be limited to stands less than or equal to #hj years of age4 7,,ii7 ,special rule for dry forests 7aa7 ,in general ,subject to item 7bb71 in dry forests1 timber harvest may occur in a stand that exceeds #hj years of age if the harvest is carried out for a compelling ecological reason1 such as to protect the stand from insect outbreak or destructive wildfire4 7bb7 ,old growth trees ,an old growth tree shall not be included in a timber harvest under item 7aa74 7#b7 ,watershed analysis 7,a7 ,in general ,not later than #ij days after the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac1 a scientific committee established by the ,secretary shall develop criteria to be used in carrying out a watershed analysis for forestry emphasis areas4 7,b7 ,scientific committee 7i7 ,in general ,the committee established under subparagraph 7,a7 shall be comprised of #e individuals who-- 7,i7 are not full-time employees of the ,bureau of ,land ,management2 and 7,,ii7 have expertise relating to aquatic and riparian ecosystems4 7ii7 ,administration ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the committee established under this paragraph4 7,c7 ,criteria ,the criteria developed under subparagraph 7,a7 shall include at a minimum-- 7i7 the importance of the streams to salmon populations2 7ii7 the impacts of thermal loading2 7iii7 water quality2 and 7iv7 the potential for the delivery or deposition of sediment and wood from upslope sources4 7,d7 ,development of watershed analysis 7i7 ,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 streams4 7ii7 ,public information ,the ,secretary shall make the determinations described in clause 7i7 available to the public at the time the ,secretary submits the report to the scientific committee4 7,e7 ,review of scientific committee 7i7 ,in general ,not later than #baj days after the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac1 the ,secretary shall submit to the scientific committee established under subparagraph 7,b7 a watershed analysis that includes the fish-bearing streams and nonfish-bearing streams in key watersheds categorized by ecological importance4 7ii7 ,comments by scientific committee ,not later than #bdj days after the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac1 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 area4 7iii7 ,criteria ,the scientific committee shall use only the criteria established under subparagraph 7,c7 to evaluate the determinations made by the ,secretary4 7iv7 ,public availability ,on receipt by the ,secretary1 the comments submitted by the scientific committee shall be made publically available4 7,f7 ,inclusion in the draft environmental impact statement 7i7 ,in general ,the ,secretary shall-- 7,i7 revise the watershed analysis1 as the ,secretary considers necessary2 and 7,,ii7 consider the comments submitted by the scientific committee4 7ii7 ,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 #ajd7;a77#a74 7,g7 ,other applicability ,the results of the watershed analysis shall be available for use in conservation efforts on other ,federal land and on non-,federal land4 7#c7 ,revision of riparian buffer system 7,a7 ,in general ,in accordance with the watershed analysis1 the ,secretary shall revise the riparian reserves on the forestry emphasis areas4 7,b7 ,use ,the revisions shall be reflected in-- 7i7 the initial environmental impact statements prepared under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and section #ajd7;a72 and 7ii7 each subsequent #aj-year environmental impact statement4 7,c7 ,revisions ,the ,secretary shall revise the riparian buffer system as follows3 7i7 ,for a riparian reserve located along a fish-bearing stream1 lake1 or wetland1 that the ,secretary determines1 based on the watershed analysis1 to be of minimal ecological importance1 the size of the riparian reserve shall be #ajj feet slope distance4 7ii7 ,for a riparian reserve located along a nonfish-bearing stream1 lake1 or wetland that the ,secretary determines1 based on the watershed analysis1 to be of minimal ecological importance1 the size of the riparian reserve shall be #ej feet slope distance4 7iii7 ,for a riparian reserve located along a fish-bearing or nonfish-bearing stream1 lake1 or wetland that the ,secretary determines1 based on the watershed analysis1 to be of significant ecological importance1 the size of the riparian reserve shall be #a site-potential tree height or #aej feet slope distance1 whichever is greater4 7iv7 ,the total amount of riparian reserves within each #eth-level hydrologic unit code watershed in the forestry emphasis areas shall equal at least #ge percent and not more than #abe percent of the previous riparian reserves established under paragraph 7#a74 7,d7 ,riparian buffers for management 7i7 ,in general ,the ,secretary shall establish buffers for the riparian reserves described in clauses 7i7 and 7ii7 of subparagraph 7,c7 that extend out to #a-site potential tree4 7ii7 ,management ,the buffers shall be managed in the same manner as the buffers described in paragraph 7#a77;,b74 7,e7 ,management ,the ,secretary shall manage the revised riparian reserve areas described in subparagraph 7,d7 in accordance with the following standards3 7i7 ,timber harvest within riparian reserves shall be restricted to thinning stands less than or equal to #hj years of age to achieve the goals of the aquatic conservation strategy4 7ii7 ,timber harvest1 roads1 grazing1 mining1 recreation1 and all other activities shall be compatible with achievement of the goals of the aquatic conservation strategy in order to occur4 7iii7 ,riparian-dependent and stream resources shall receive primary emphasis in riparian reserve landscapes4 7#d7 ,exception ,forestry emphasis areas designated as ,drinking ,water ,emphasis ,area and depicted as such on the maps entitled ,o,c ,land ,grant ,act of #bjac3 ,mc,kenzie ,drinking ,water ,area1 ,o,c ,land ,grant ,act of #bjac3 ,hillsboro ,drinking ,water ,area1 ,o,c ,land ,grant ,act of #bjac3 ,clackamas ,drinking ,water ,area1 and ,o,c ,land ,grant ,act of #bjac3 ,springfield ,drinking ,water ,area and dated ,november #ah1 #bjac1 and riparian areas within key watersheds shall not be subject to this subsection but shall instead be subject to section #aje7;c74 7g7 ,prioritization 7#a7 ,selection of areas to treat in the first #aj years 7,a7 ,in general ,not later than #aej days after the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac1 the ,secretary shall select locations in forestry emphasis areas in which the ,secretary intends to harvest timber during-- 7i7 the #aj-year period covered by the environmental impact statement prepared under the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and #ajd7;a72 and 7ii7 each subsequent #aj-year period covered by an environmental impact statement4 7,b7 ,prioritization plan for forestry emphasis areas ,the areas selected under subparagraph 7,a7 shall reflect a prioritization plan and harvest levels1 including the sustained yield1 identified in the environmental impact statement prepared under the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and section #ajd7;a74 7,c7 ,public comment ,the ,secretary shall seek public comments for #de days on the selection of the areas under subparagraph 7,a74 7,d7 ,inclusion in the draft environmental impact statement 7i7 ,in general ,the ,secretary shall revise the prioritization plan for forestry emphasis areas1 as the ,secretary considers necessary1 based on the public comments received4 7ii7 ,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 #aifi 7#db ,u4,s4,c4 #dcba et seq47 and section #ajd7;a74 7#b7 ,landscape plans 7,a7 ,in general ,the ,secretary shall develop plans for the moist forest portions of the forestry emphasis area and dry forest portions of the covered area4 7,b7 ,moist forest landscape plan ,the plans described in subparagraph 7,a7 shall include-- 7i7 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 implementation2 and 7ii7 areas that will1 in the case of a moist forest site1 accelerate development of complex forest structure1 including opportunities to create spatial heterogeneity 7such as creating skips and gaps71 in a young stand that has a canopy that has-- 7,i7 closed2 and 7,,ii7 been simplified through past management4 7,c7 ,dry forest landscape plan 7i7 ,in general ,the dry forest plans described in subparagraph 7,a7 shall include-- 7,i7 a landscape level plan showing the areas of any dry forest landscape that will be left in a denser condition for the first #cj years after the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac2 7,,ii7 the areas of any dry forest that may be considered for thinning or restoration treatments beginning on the date that is #cj years after the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac2 and 7,,iii7 areas that will1 in the case of a dry forest site-- 7aa7 minimize and reduce the risk of unnaturally severe fire and insect outbreaks1 particularly if critical components and values are at risk1 including-- 7,,aa7 communities in the wildland-urban interface 7as defined in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa772 and 7,,bb7 valuable forest structures1 such as old growth and oak savannas that are in need of restoration or are in danger from potential fire risk2 or 7bb7 restore historical structure and composition and improve fire resiliency4 7ii7 ,reevaluation ,the areas described in clause 7i77,i7 shall be reevaluated in the subsequent comprehensive environmental impact statements required under section #ajd7;a74 7,d7 ,collaboration in developing plans ,the ,secretary shall develop the plans described in subparagraph 7,a7 in coordination with the ,director of the ,united ,states ,fish and ,wildlife ,service to ensure the plans comply with the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7,e7 ,draft plans available for public comment ,not later than #aej days after the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac1 the ,secretary shall make a draft of the plans described in subparagraph 7,a7 available for public comment for #de days4 7,f7 ,inclusion in the draft environmental impact statement 7i7 ,in general ,the ,secretary shall revise landscape plans1 as the ,secretary considers necessary1 based on the public comments received4 7ii7 ,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 #aifi 7#db ,u4,s4,c4 #dcba et seq47 and section #ajd7;a74 #ajd4 ,streamlined procedures 7a7 ,comprehensive environmental impact statement 7#a7 ,in general ,not later than #ah months after the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac1 the ,secretary shall complete-- 7,a7 a large-scale comprehensive environmental impact statement in accordance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for the moist forest in the forestry emphasis area2 and 7,b7 a large-scale comprehensive environmental impact statement in accordance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for the dry forest in the forestry emphasis area4 7#b7 ,period ,the environmental impact statements required under paragraph 7#a7 shall cover the #aj-year period beginning on the date on which the record of decision for the environmental impact statement is issued4 7#c7 ,individual projects ,the final comprehensive environmental impact statement shall be used for individual projects during the #aj-year period described in paragraph 7#b74 7#d7 ,additional analysis ,no additional analysis under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 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 statements4 7#e7 ,effective date of each environmental impact statement ,after the initial comprehensive environmental impact statement developed under paragraph 7#a71 each subsequent comprehensive environmental impact statement shall be prepared and be in effect for the #aj-period beginning on the date on which the previous environmental impact statement expires4 7b7 ,criteria and parameters of the environmental impact statement 7#a7 ,in general ,each environmental impact statement developed under subsection 7a7 shall analyze #c alternatives1 including-- 7,a7 #a no-action alternative2 and 7,b7 #b other alternatives that are consistent the management prescriptions and this ,act for the forest type4 7#b7 ,limitations 7,a7 ,in general ,the analysis of effects of each environmental impact statement described in subsection 7a77#a7 shall be limited to the effects of the actions authorized under section #ajc that are consistent with the forest type4 7,b7 ,analysis 7i7 ,in general ,the information contained within the timber prioritization plan1 watershed analysis1 dry forest landscape plan1 and moist forest landscape plan shall-- 7,i7 be used to develop an environmental impact statement described in subsection 7a77#a72 but 7,,ii7 not be separately analyzed in an environmental impact statement described in subsection 7a77#a74 7ii7 ,additional analysis ,notwithstanding the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 no analysis that is in addition to the environmental impact statement described in subsection 7a77#a7 shall be required under that ,act for the timber prioritization plan1 watershed analysis1 dry forest landscape plan1 and moist forest landscape plan4 7#c7 ,area included in environmental impact statement 7,a7 ,in general ,each environmental impact statement shall cover the area required to be treated in section #ajc7;d7 for moist forests and section #ajc7;e7 for dry forests4 7,b7 ,distribution ,the requirement under subparagraph 7,a7 shall be-- 7i7 distributed in a manner that is approximately equal over the #aj-year period2 and 7ii7 divided among the ,bureau of ,land ,management districts in a manner that-- 7,i7 is approximately proportional to the yield that can be produced by those forests2 and 7,,ii7 ensures that each ,bureau of ,land ,management district has adequate harvest and revenue to share with affected counties4 7#d7 ,specific environmental impacts ,each environmental impact statement shall include1 in addition to other necessary analysis1 the impacts to-- 7,a7 wetlands2 7,b7 municipal watersheds2 7,c7 inventoried roadless areas2 7,d7 ,indian cultural sites2 7,e7 archeological sites2 and 7,f7 nest trees4 7c7 ,public notice and comment2 challenges 7#a7 ,definitions ,in this subsection3 7,a7 ,agency action ,the term agency action has the meaning given the term in section #eea of title #e1 ,united ,states ,code4 7,b7 ,covered agency action ,the term covered agency action means an agency action by the ,secretary relating to the management of the forestry emphasis areas4 7,c7 ,covered civil action ,the term covered civil action means a civil action seeking judicial review of a covered agency action4 7#b7 ,public notice and comment 7,a7 ,notice of intent 7i7 ,notice of intent ,not later than #g days after the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac1 the ,secretary shall publish in the ,federal ,register a notice of intent to prepare each of the following documents3 7,i7 ,comprehensive environmental impact statement for the moist forests4 7,,ii7 ,comprehensive environmental impact statement for the dry forests4 7,,iii7 ,prioritization plan for the forestry emphasis area4 7,,iv7 ,watershed analysis4 7,v7 ,dry forest landscape plan4 7,,vi7 ,moist forest landscape plan4 7ii7 ,public comment ,during the #de-;day period beginning on date on which the notice of intent is published1 the ,secretary shall-- 7,i7 provide an opportunity for public comment for the scoping process2 and 7,,ii7 solicit public comment on topics to be analyzed in the draft environmental impact statement under subparagraph 7,b74 7,b7 ,draft environmental impact statements 7i7 ,in general ,not later than #a year after the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac1 the ,secretary shall issue the first draft environmental impact statements described in subsection 7a77#a74 7ii7 ,public comment ,during the #fj-;day period beginning on the date on which the draft environmental impact statements are issued1 the ,secretary shall provide an opportunity for public comment on the draft environmental impact statements4 7iii7 ,extensions ,the ,secretary may not extend the period for public comment4 7iv7 ,topics ,during the period described in clause 7ii71 the public shall be able to provide comment on the prioritization plan1 watershed analysis1 dry forest landscape plan1 and moist forest landscape plan included in the draft environmental impact statement4 7,c7 ,final environmental impact statements 7i7 ,in general ,the ,secretary shall issue the record of decision for the final environmental impact statements-- 7,i7 #de 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 7ii72 and 7,,ii7 not later than #ah months after the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac4 7ii7 ,objections 7,i7 ,in general ,during the first #cj days of the period established under clause 7i77,i71 in lieu of any other appeals that may be available1 any person may file an objection to the final environmental impact statements in accordance with section #aje of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feae74 7,,ii7 ,response ,the ,secretary shall respond in writing to any objection filed under subclause 7,i7 not later than #cj days after the date on which the objection is filed4 7iii7 ,exception ,if the ,secretary determines than an objection filed under clause 7ii7 requires a revision of the final environmental impact statement1 the ,secretary shall-- 7,i7 issue a revised final environmental impact statement as soon as practicable2 and 7,,ii7 issue a record of decision not later than #cj days after the date on which the revised final environmental impact statement is issued4 7#c7 ,judicial review 7,a7 ,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 ,columbia4 7,b7 ,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 process4 7,c7 ,limitation of actions ,a covered civil action shall not be maintained unless commenced not later than #cj days after the date on which the covered agency action to which the covered civil action relates is final4 7,d7 ,expedited proceedings 7i7 ,discovery ,discovery shall-- 7,i7 commence immediately after a covered civil action is commenced2 and 7,,ii7 conclude not later than #ahj days after the date on which a covered civil action is commenced4 7ii7 ,trial ,in any covered civil action1 a trial shall commence not later than #ahj days after the date on which the covered civil action is commenced4 7iii7 ,expeditious completion of judicial review ,congress encourages a court of competent jurisdiction to expedite1 to the maximum extent practicable1 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 action4 7,e7 ,applicability of ,,apa ,except as provided in this section1 judicial review of a covered agency action shall be conducted in accordance with chapter #g of title #e1 ,united ,states ,code4 7,f7 ,injunctions 7i7 ,in general ,subject to clause 7ii71 the length of any preliminary injunction and any stay pending appeal regarding a covered agency action shall not exceed #fj days4 7ii7 ,renewals 7,i7 ,in general ,a court of competent jurisdiction may issue #a or more renewals of any preliminary injunction1 or stay pending appeal1 granted under clause 7i74 7,,ii7 ,updates ,for each renewal of an injunction under this clause1 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 action4 7iii7 ,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 action1 the court shall balance the impact on the ecosystem likely to be affected by the covered agency action of-- 7,i7 the short- and long-term effects of undertaking the covered agency action2 and 7,,ii7 the short- and long-term effects of not undertaking the covered agency action4 7d7 ,consistency ,document 7#a7 ,in general ,for each project implemented under an environmental impact statement1 the decision to proceed with the project shall be documented in a consistency document1 which shall include1 at a minimum-- 7,a7 the record prepared1 including the names of interested people groups and agencies contacted2 7,b7 a determination that no extraordinary circumstances exist2 and 7,c7 a determination that the scope of work of the project is consistent with the original analysis and assumptions in the record of decision4 7#b7 ,time before implementing a project ,the ,secretary shall not implement a project described in paragraph 7#a7 earlier than the date that is #cj days after the date on which a consistency document is made public4 7#c7 ,cause of action 7,a7 ,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 #aigc 7#af ,u4,s4,c4 #aeca et seq47 at the time the record of decision was prepared but which have been listed subsequent to the record of decision4 7,b7 ,limitation of actions ,no cause of action may be maintained under subparagraph 7,a7 unless commenced not later than #cj days after the date on which the consistency document is issued4 7#d7 ,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-- 7,a7 the work shall only be authorized under this title for a project that does not exceed #e1jjj acres2 and 7,b7 environmental analysis documents required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 shall be completed for that work4 7e7 ,coordination with other agencies2 consultation 7#a7 ,multiagency coordination 7,a7 ,up-front planning and consultation ,not later than #g days after the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac1 the ,secretary shall invite the ,director of the ,united ,states ,fish and ,wildlife ,service1 the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 the ,administrator of the ,environmental ,protection ,agency1 the ,governor of ,oregon1 the heads or equivalent duly-elected tribal government leaders of federally-recognized ,indian tribes with aboriginal land in the covered area1 and local governments in the covered area to participate in-- 7i7 the development of any environmental impact statement necessary to carry out this ,act2 and 7ii7 subsequently1 the revision of any resource management plan necessary to carry out this ,act4 7,b7 ,assessments under the ,endangered ,species ,act of #aigc 7i7 ,in general ,not later than #ij days after the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac1 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 #aigc 7#af ,u4,s4,c4 #aeca et seq47 to provide adequate consultation and quantify acceptable take levels for the planned treatments and projects under the environmental impact statement4 7ii7 ,project-specific concurrence 7,i7 ,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 ,administration4 7,,ii7 ,concurrence or objection ,for a specific project that requires a consistency document under subsection 7d7 and would require documentation relating to the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 in accordance with subclause 7,i71 not later than #ba days after the date on which the ,secretary seeks project-specific concurrence1 the ,director the ,united ,states ,fish and ,wildlife ,service or the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 as applicable1 shall-- 7aa7 submit to the ,secretary written concurrence that the project is not likely to adversely affect listed species or critical habitat1 in accordance with the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 or 7bb7 notify the ,secretary that formal consultation will be required4 7,c7 ,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 ,act4 7#b7 ,liaisons ,not later than #de days after the date of enactment of the ,oregon and ,california ,land ,grant ,act1 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-- 7,a7 to develop the environmental impact statements and resource management plans necessary under this ,act2 and 7,b7 address any issues at the project level under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7#c7 ,concurrent review 7,a7 ,in general ,each cooperating agency1 the ,director of the ,united ,states ,fish and ,wildlife ,service1 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 statement1 unless doing so would impair the ability of the agency to conduct needed analysis or otherwise carry out those obligations4 7,b7 ,consultation and documents required under the ,endangered ,species ,act of #aigc 7i7 ,informal consultation ,not later than #g days after the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac1 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 ,act4 7ii7 ,formal consultation ,not later than #ij days after the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac1 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 7c71 in accordance with section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf74 7iii7 ,draft environmental impact statement ,not later than #a year after the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac1 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 7c71 in accordance with section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf74 7iv7 ,supporting documents ,not later than #fj days after the date on which a draft environmental impact statement is published1 the cooperating agencies shall submit to the ,secretary any documents required of the cooperating agencies under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7#d7 ,escalation of interagency conflicts 7,a7 ,in general ,if a disagreement between the liaisons identified in paragraph 7#b7 cannot be resolved within #ad days1 the disagreement shall be escalated to the ,state directors1 or if there are no ,state directors1 the regional directors4 7,b7 ,further escalation 7i7 ,in general ,if the ,state directors or regional directors1 as applicable1 cannot resolve the disagreement within the period beginning on the date on which the #ad-;day period described in subparagraph 7,a7 expires and ending on the date that is #g days after the date on which the #ad-;day period expires1 the matter shall be escalated to the head of the applicable ,federal agency4 7ii7 ,final resolution ,the head of the applicable ,federal agency shall resolve the disagreement not later than #g days after the date on which the disagreement is escalated under clause 7i74 7#e7 ,applicability of northwest forest plan ,the ,northwest ,forest ,plan ,survey and ,manage ,mitigation ,measure ,standard and ,guidelines shall not apply to forestry emphasis areas4 7#f7 ,salmon 7,a7 ,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 salmon4 7,b7 ,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 #f of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aece7 in carrying out activities under subparagraph 7,a74 7,c7 ,administration 7i7 ,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 #aigc 7#af ,u4,s4,c4 #aeca et seq47 within the required deadlines under this section1 the ,secretary shall consider as completed any documentation required of the ,administrator under the environmental impact statement1 unless the ,secretary of ,commerce notifies the ,secretary of the ,interior that additional time is needed4 7ii7 ,nondelegation ,the ,secretary of ,commerce shall not delegate the authority described in clause 7i74 7#g7 #e-year reevaluation 7,a7 ,in general ,not later than #e years after the date on which an environmental impact statement is developed1 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-- 7i7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7ii7 the environmental impact statement4 7,b7 ,reinitiation 7i7 ,in general ,subject to subparagraph 7,a7 and clause 7ii71 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 species1 changed circumstances relating to a threatened or endangered species1 or changed conditions relating to a threatened or endangered species-- 7,i7 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 statements2 and 7,,ii7 the supporting documentation shall be modified not later than #ij days after the date on which the consultation commences to reflect the actual conditions4 7ii7 ,management activities ,management activities under the comprehensive environmental impact statements developed under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and subsection 7a7 shall continue while the modifications described in clause 7i77,,ii7 are being prepared4 7#h7 ,listings of endangered species 7,a7 ,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-- 7i7 a species is added to the list of endangered or threatened species under section #d7;c7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;c772 and 7ii7 critical habitat 7as defined in section #c of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecb77 is designated within the forestry emphasis area that is incompatible with the harvest of timber under this ,act4 7,b7 ,identification of lands to be redesignated ,not later than #abj days after the date of enactment of the ,oregon and ,california ,land ,grant ,act1 the ,secretary shall identify #aj1jjj acres of conservation emphasis area that could be redesignated under subparagraph 7,a74 #aje4 ,management of conservation emphasis areas 7a7 ,in general ,a conservation emphasis area shall be managed in accordance with this ,act and for the general purposes of ecological and conservation benefits1 including providing forest reserves that include-- 7#a7 old growth and late successional habitat2 7#b7 clean air2 7#c7 water quality filtration1 purification1 and storage2 7#d7 watershed health2 7#e7 soil stabilization2 7#f7 flood control2 7#g7 native wildlife biodiversity2 7#h7 connectivity2 7#i7 long-term storage of carbon2 7#aj7 climate stabilization2 7#aa7 pollination1 seed dispersal1 soil formation1 and nutrient cycling2 7#ab7 recreational1 educational1 and tourism opportunities2 and 7#ac7 aesthetic1 spiritual1 and cultural heritage values4 7b7 ,management direction for conservation emphasis areas 7#a7 ,timber harvest limitations ,the cutting1 sale1 or removal of timber within a conservation emphasis area may be permitted-- 7,a7 to the extent necessary to improve the health of the forest in a manner that-- 7i7 maximizes the retention of large trees-- 7,i7 as appropriate to the forest type2 and 7,,ii7 to the extent that the trees promote stands that are fire resilient and healthy2 7ii7 improves the habitats of threatened or endangered species or species considered sensitive by the ,secretary over the long term following completion of the project2 7iii7 maintains or restores the composition and structure of the ecosystem by reducing the risk of uncharacteristic wildfire2 or 7iv7 in the case of harvests in moist forest sites1 is conducted-- 7,i7 through variable density and clump-based thinning2 7,,ii7 in stands up to #hj years of age to accelerate development of structurally complex forest conditions2 and 7,,iii7 in a manner that retains older trees and old growth2 7,b7 to carry out an approved management activity in furtherance of the purposes of this section1 if the cutting1 sale1 or removal of timber is incidental to the management activity2 or 7,c7 for de minimis personal or administrative use within the conservation emphasis area1 if the use will not impact the purposes of this section4 7#b7 ,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 #bjac except as necessary-- 7,a7 to protect the health and safety of individuals in cases of an imminent threat of flood1 fire1 or any other catastrophic event that1 without intervention1 would result in the loss of life or property2 7,b7 to carry out environmental cleanup activities required by the ,federal ,government2 7,c7 to allow for the exercise of reserved or outstanding rights provided for by treaty or ,federal law2 7,d7 to prevent irreparable resource damage by a road constructed before the date of enactment of the ,oregon and ,california ,land ,grant ,act2 or 7,e7 to rectify a hazardous road condition4 7#c7 ,withdrawal ,subject to valid existing rights1 all ,federal land within the conservation emphasis area is withdrawn from-- 7,a7 all forms of entry1 appropriation1 or disposal under the public land laws1 except disposal by exchange or sale in accordance with section #aag2 7,b7 location1 entry1 and patent under the mining laws2 and 7,c7 disposition under all laws relating to mineral and geothermal leasing4 7c7 ,water quality protection in conservation emphasis areas 7#a7 ,riparian reserves ,in carrying out the aquatic conservation strategy for conservation emphasis areas1 key watersheds and drinking water emphasis areas1 the ,secretary shall establish riparian reserves that-- 7,a7 in the case of land located along a fish-bearing stream1 are #b site-potential tree height or #cjj-;feet slope distance1 whichever is greater2 7,b7 in the case of land located along a permanently flowing nonfish-bearing stream1 are #a site-potential tree height or #aej-;feet slope distance1 whichever is greater2 7,c7 in the case of land located along a seasonally flowing or intermittent stream1 are whichever is greater among-- 7i7 the stream channel to the top of the inner gorge and out to the edge of the riparian vegetation2 7ii7 a distance of #a site-potential tree height2 or 7iii7 #ajj-;feet slope distance2 7,d7 in the case of a wetland that is greater than #a acre1 a lake1 or a natural pond1 are whichever is greater among-- 7i7 the body of water and land located along the wetland1 lake1 or pond to the outer edges of riparian vegetation2 7ii7 a distance #b site-potential tree height2 or 7iii7 #cjj-;feet slope distance2 7,e7 in the case of a constructed pond or a reservoir1 are the area from the maximum pool elevation to a distance equal to the height of #a site-potential tree or #aej-;feet slope distance1 whichever is greater2 and 7,f7 in the case of a wetland that is less than #a acre or an unstable or potentially unstable area1 are whichever is greater among-- 7i7 the extent of the unstable and potentially unstable area or the wetland less than #a acre1 as applicable1 to the outer edges of the riparian vegetation2 7ii7 a distance of #a site-potential tree height2 or 7iii7 #aej-;feet slope distance4 7#b7 ,watershed analysis and review 7,a7 ,in general ,the ,secretary shall regularly conduct watershed analysis and a review of aquatic and riparian resources to ensure adequate protections are being provided1 consistent with the objectives described in section #ajb7;e77#a74 7,b7 ,criteria ,criteria considered in the analysis shall include-- 7i7 the importance of the streams to salmon populations2 7ii7 the impacts of thermal loading2 7iii7 water quality2 and 7iv7 the potential for the delivery or deposition of sediment and wood from upslope sources4 7,c7 ,changes to strategy ,if a peer-reviewed1 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 #ajb7;e77#a71 the ,secretary may consider changes as part of any modifications 7revisions or amendments7 to the relevant resource management plans4 7d7 ,maps and legal descriptions 7#a7 ,in general ,as soon as practicable after the date of enactment of the ,oregon and ,california ,land ,grant ,act1 the ,secretary shall prepare a map and legal description for the land described in sections #ajf through #aaf4 7#b7 ,force of law ,the maps and legal descriptions described in paragraph 7#a7 shall have the same force and effect as if included in this ,act1 except that the ,secretary may correct typographical errors in the maps and legal descriptions4 7#c7 ,public availability ,the maps and legal descriptions described in paragraph 7#a7 shall be on file and available for public inspection in the appropriate offices of the ,bureau of ,land ,management4 #ajf4 ,rogue ,national ,recreation ,area 7a7 ,designation ,there is established a ,rogue ,national ,recreational ,area to provide for the protection1 preservation1 and enhancement of recreational1 ecological1 scenic1 cultural1 watershed1 and fish and wildlife values4 7b7 ,boundary ,the ,rogue ,national ,recreation ,area shall consist of certain ,federal land managed by the ,bureau of ,land ,management1 comprising approximately #id1gjj acres1 as generally depicted on the map entitled ,o,c ,land ,grant ,act of #bjac3 ,rogue ,national ,recreation ,area and dated ,november #ah1 #bjac4 7c7 ,administration ,the ,secretary shall-- 7#a7 administer the ,rogue ,national ,recreation ,area-- 7,a7 in accordance with the applicable ,federal laws 7including regulations7 and rules applicable to the ,bureau of ,land ,management2 and 7,b7 consistent with section #aje2 and 7#b7 only allow uses of the ,rogue ,national ,recreation ,area that are consistent with the purposes described in subsection 7a74 7d7 ,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 ,secretary4 7e7 ,fish and wildlife ,nothing in this section affects the jurisdiction or responsibilities of the ,state with respect to fish and wildlife in the ,state4 7f7 ,adjacent management ,nothing in this section creates any protective perimeter or buffer zone around the ,rogue ,national ,recreation ,area4 7g7 ,protection of tribal rights ,nothing in this section diminishes any treaty rights of any ,indian tribe4 7h7 ,land reclassification 7#a7 ,in general ,the ,secretary shall reclassify the approximately #h1fjj acres of ,federal land generally depicted on the map described in subsection 7b7 as ,other ,,blm lands as ,oregon and ,california ,railroad grant land4 7#b7 ,applicability ,the land reclassified under paragraph 7#a7 shall be considered to satisfy any requirement to reclassify public domain land as ,oregon and ,california ,railroad grant land1 including under sections #bjf and #baf of the ,oregon and ,california ,land ,grant ,act of #bjac4 #ajg4 ,molalla ,national ,recreation ,area 7a7 ,designation ,there is established a ,molalla ,national ,recreational ,area to provide for the protection1 preservation1 and enhancement of recreational1 ecological1 scenic1 cultural1 watershed1 and fish and wildlife values4 7b7 ,boundary ,the ,molalla ,national ,recreation ,area shall consist of certain ,federal land managed by the ,bureau of ,land ,management1 comprising approximately #bd1ajj acres1 as generally depicted on the map entitled ,o,c ,land ,grant ,act of #bjac3 ,molalla ,national ,recreation ,area and dated ,november #ah1 #bjac4 7c7 ,administration ,the ,secretary shall-- 7#a7 administer the ,molalla ,national ,recreation ,area-- 7,a7 in accordance with the applicable ,federal laws 7including regulations7 and rules applicable to the ,bureau of ,land ,management2 and 7,b7 consistent with section #aje2 and 7#b7 only allow uses of the ,molalla ,national ,recreation ,area that are consistent with the purposes described in subsection 7a74 7d7 ,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 ,secretary4 7e7 ,fish and wildlife ,nothing in this section affects the jurisdiction or responsibilities of the ,state with respect to fish and wildlife in the ,state4 7f7 ,adjacent management ,nothing in this section creates any protective perimeter or buffer zone around the ,molalla ,national ,recreation ,area4 7g7 ,protection of tribal rights ,nothing in this section diminishes any treaty rights of any ,indian tribe4 7h7 ,land reclassification 7#a7 ,in general ,the ,secretary shall reclassify the approximately #ab1jjj acres of ,federal land generally depicted on the map described in subsection 7b7 as ,other ,,blm lands as ,oregon and ,california ,railroad grant land4 7#b7 ,applicability ,the land reclassified under paragraph 7#a7 shall be considered to satisfy any requirement to reclassify public domain land as ,oregon and ,california ,railroad grant land1 including under sections #bjf and #baf of the ,oregon and ,california ,land ,grant ,act of #bjac4 #ajh4 ,mc,kenzie ,drinking ,water ,special ,management ,unit 7a7 ,establishment ,there is established a special resources management unit in the ,state consisting of certain ,federal land managed by the ,bureau of ,land ,management1 generally depicted as the ,mc,kenzie ,drinking ,water ,special ,management ,unit on the map entitled ,o,c ,land ,grant ,act of #bjac3 ,mc,kenzie ,drinking ,water ,area and dated ,november #ah1 #bjac1 to be known as the ,mc,kenzie ,drinking ,water ,special ,management ,unit 7referred to in this section as the ,management ,unit74 7b7 ,purposes ,the purposes of the ,management ,unit are-- 7#a7 to ensure the protection of the ,mc,kenzie ,watershed as a clean drinking water source safeguarding the water quality and quantity of the ,watershed1 for the residents of ,lane ,county1 ,oregon2 and 7#b7 to allow visitors to enjoy the special scenic1 natural1 cultural1 and fish and wildlife values of the ,mc,kenzie ,watershed4 7c7 ,administration 7#a7 ,in general ,the ,secretary shall-- 7,a7 administer the ,management ,unit-- 7i7 in accordance with the laws 7including regulations7 and rules applicable to the ,bureau of ,land ,management2 and 7ii7 consistent with section #aje2 and 7,b7 only allow uses of the ,management ,unit that are consistent with the purposes described in subsection 7b74 7d7 ,prohibited activities ,subject to valid existing rights1 the following activities shall be prohibited on ,bureau of ,land ,management land in the ,management ,unit3 7#a7 ,commercial livestock grazing4 7#b7 ,the placement of new fuel storage tanks4 7#c7 ,except to the extent necessary to further the purposes described in subsection 7b71 the application of any toxic chemicals 7other than fire retardants71 including pesticides4 7e7 ,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 section4 7f7 ,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 ,secretary4 7g7 ,fish and wildlife ,nothing in this section affects the jurisdiction or responsibilities of the ,state with respect to fish and wildlife in the ,state4 7h7 ,adjacent management ,nothing in this section creates any protective perimeter or buffer zone around the ,management ,unit4 7i7 ,protection of tribal rights ,nothing in this section diminishes any treaty rights of any ,indian tribe4 #aji4 ,hillsboro ,drinking ,water ,special ,management ,unit 7a7 ,establishment ,there is established a special resources management unit in the ,state consisting of certain ,federal land managed by the ,bureau of ,land ,management1 generally depicted as the ,hillsboro ,drinking ,water ,special ,management ,unit on the map entitled ,o,c ,land ,grant ,act of #bjac ,hillsboro ,drinking ,water ,area and dated ,november #ah1 #bjac1 to be known as the ,hillsboro ,drinking ,water ,special ,management ,unit 7referred to in this section as the ,management ,unit74 7b7 ,purposes ,the purposes of the ,management ,unit are-- 7#a7 to ensure the protection of the ,hillsboro ,watershed as a clean drinking water source1 safeguarding the quality and quantity of the ,watershed1 for the residents of ,washington ,county1 ,oregon2 and 7#b7 to allow visitors to enjoy the special scenic1 natural1 cultural1 and fish and wildlife values of the ,hillsboro ,watershed4 7c7 ,administration 7#a7 ,in general ,the ,secretary shall-- 7,a7 administer the ,management ,unit-- 7i7 in accordance with the laws 7including regulations7 and rules applicable to the ,bureau of ,land ,management2 and 7ii7 consistent with section #aje2 and 7,b7 only allow uses of the ,management ,unit that are consistent with the purposes described in subsection 7b74 7d7 ,prohibited activities ,subject to valid1 existing rights1 the following activities shall be prohibited on ,bureau of ,land ,management land on the conservation emphasis areas in the ,management ,unit3 7#a7 ,commercial livestock grazing4 7#b7 ,the placement of new fuel storage tanks4 7#c7 ,except to the extent necessary to further the purposes described in subsection 7b71 the application of any toxic chemicals 7other than fire retardants71 including pesticides4 7e7 ,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 section4 7f7 ,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 ,secretary4 7g7 ,fish and wildlife ,nothing in this section affects the jurisdiction or responsibilities of the ,state with respect to fish and wildlife in the ,state4 7h7 ,adjacent management ,nothing in this section creates any protective perimeter or buffer zone around the ,management ,unit4 7i7 ,protection of tribal rights ,nothing in this section diminishes any treaty rights of any ,indian tribe4 #aaj4 ,clackamas ,drinking ,water ,special ,management ,unit 7a7 ,establishment ,there is established a special resources management unit in the ,state consisting of certain ,federal land managed by the ,bureau of ,land ,management1 generally depicted as the ,clackamas ,drinking ,water ,special ,management ,unit on the map entitled ,o,c ,land ,grant ,act of #bjac3 ,clackamas ,drinking ,water ,area and dated ,november #ah1 #bjac1 to be known as the ,clackamas ,drinking ,water ,special ,management ,unit 7referred to in this section as the ,management ,unit74 7b7 ,purposes ,the purposes of the ,management ,unit are-- 7#a7 to ensure the protection of the ,clackamas ,watershed as a clean drinking water source1 safeguarding the water quality and quantity of the ,watershed1 for the residents of ,clackamas ,county1 ,oregon2 and 7#b7 to allow visitors to enjoy the special scenic1 natural1 cultural1 and fish and wildlife values of the ,clackamas ,watershed4 7c7 ,administration 7#a7 ,in general ,the ,secretary shall-- 7,a7 administer the ,management ,unit-- 7i7 in accordance with the laws 7including regulations7 and rules applicable to the ,bureau of ,land ,management2 and 7ii7 consistent with section #aje2 and 7,b7 only allow uses of the ,management ,unit that are consistent with the purposes described in subsection 7b74 7d7 ,prohibited activities ,subject to valid1 existing rights1 the following activities shall be prohibited on ,bureau of ,land ,management land on the conservation emphasis areas in the ,management ,unit3 7#a7 ,commercial livestock grazing4 7#b7 ,the placement of new fuel storage tanks4 7#c7 ,except to the extent necessary to further the purposes described in subsection 7b71 the application of any toxic chemicals 7other than fire retardants71 including pesticides4 7e7 ,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 section4 7f7 ,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 ,secretary4 7g7 ,fish and wildlife ,nothing in this section affects the jurisdiction or responsibilities of the ,state with respect to fish and wildlife in the ,state4 7h7 ,adjacent management ,nothing in this section creates any protective perimeter or buffer zone around the ,management ,unit4 7i7 ,protection of tribal rights ,nothing in this section diminishes any treaty rights of any ,indian tribe4 #aaa4 ,springfield ,drinking ,water ,special ,management ,unit 7a7 ,establishment ,there is established a special resources management unit in the ,state consisting of certain ,federal land managed by the ,bureau of ,land ,management1 generally depicted as the ,springfield ,drinking ,water ,special ,management ,unit on the map entitled ,o,c ,land ,grant ,act of #bjac3 ,springfield ,drinking ,water ,area and dated ,november #ah1 #bjac1 to be known as the ,springfield ,drinking ,water ,special ,management ,unit 7referred to in this section as the ,management ,unit74 7b7 ,purposes ,the purposes of the ,management ,unit are-- 7#a7 to ensure the protection of the ,springfield ,watershed as a clean drinking water source1 safeguarding the water quality and quantity of the ,watershed1 for the residents of ,springfield1 ,oregon and nearby communities2 and 7#b7 to allow visitors to enjoy the special scenic1 natural1 cultural1 and fish and wildlife values of the ,springfield ,watershed4 7c7 ,administration 7#a7 ,in general ,the ,secretary shall-- 7,a7 administer the ,management ,unit-- 7i7 in accordance with the laws 7including regulations7 and rules applicable to the ,bureau of ,land ,management2 and 7ii7 consistent with section #aje2 and 7,b7 only allow uses of the ,management ,unit that are consistent with the purposes described in subsection 7b74 7d7 ,prohibited activities ,subject to valid1 existing rights1 the following activities shall be prohibited on ,bureau of ,land ,management land on the conservation emphasis areas in the ,management ,unit3 7#a7 ,commercial livestock grazing4 7#b7 ,the placement of new fuel storage tanks4 7#c7 ,except to the extent necessary to further the purposes described in subsection 7b71 the application of any toxic chemicals 7other than fire retardants71 including pesticides4 7e7 ,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 section4 7f7 ,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 ,secretary4 7g7 ,fish and wildlife ,nothing in this section affects the jurisdiction or responsibilities of the ,state with respect to fish and wildlife in the ,state4 7h7 ,adjacent management ,nothing in this section creates any protective perimeter or buffer zone around the ,management ,unit4 7i7 ,protection of tribal rights ,nothing in this section diminishes any treaty rights of any ,indian tribe4 #aab4 ,cascade-,siskiyou ,national ,monument ,expansion 7a7 ,expansion and administration ,subject to valid existing rights1 the ,secretary shall administer the approximately #b1jej acres of ,bureau of ,land ,management land generally depicted as #8,cascade ,siskiyou ,national ,monument ,expansion' on the map entitled ,o,c ,land ,grant ,act of #bjac3 ,cascade-,siskiyou ,national ,monument ,expansion and ,pacific ,crest ,trail ,protection ,corridor and dated ,november #ah1 #bjac1 as part of the ,cascade-,siskiyou ,national ,monument 7referred to in this section as the ,monument71 in accordance with-- 7#a7 this section2 7#b7 ,presidential ,proclamation ,number #gcah1 dated ,june #i1 #bjjj 7#fe ,fed4 ,reg4 #cgbdg72 and 7#c7 section #aje and any law 7including regulations7 generally applicable to ,bureau of ,land ,management land1 including the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq474 7b7 ,fire management ,as soon as practicable after the date of enactment of this section1 the ,secretary shall-- 7#a7 revise the fire management plan for the ,monument to include the land added to the ,monument under subsection 7a72 and 7#b7 in accordance with the revised plan1 carry out hazardous fuel management activities within the boundaries of the ,monument4 7c7 ,grazing 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary may allow the grazing of livestock within the approximately #b1jej acres of expansion land to continue as authorized under permits or leases in existence as of the date of enactment of this section4 7#b7 ,applicable law ,grazing under paragraph 7#a7 shall be-- 7,a7 at a level not greater than the level at which the grazing exists as of the date of enactment of this section1 as measured in ,animal ,unit ,months2 and 7,b7 in accordance with applicable law4 7d7 ,fish and wildlife ,nothing in this section affects the jurisdiction or responsibilities of the ,state with respect to fish and wildlife in the ,state4 7e7 ,adjacent management ,nothing in this section creates any protective perimeter or buffer zone around the ,monument additions4 7f7 ,protection of tribal rights ,nothing in this section diminishes any treaty rights of any ,indian tribe4 7g7 ,land reclassification 7#a7 ,in general ,the ,secretary shall reclassify the approximately #bjj acres of ,federal land generally depicted as ,other ,,blm lands on the map described in subsection 7b7 as ,oregon and ,california ,railroad grant land4 7#b7 ,applicability ,the land reclassified under paragraph 7#a7 shall be considered to satisfy any requirement to reclassify public domain land as ,oregon and ,california ,railroad grant land1 including under sections #bjf and #baf of the ,oregon and ,california ,land ,grant ,act of #bjac4 #aac4 ,illinois ,valley ,salmon and ,botanical ,area ,special ,management ,unit 7a7 ,establishment ,there is established a special resources management unit in the ,state consisting of certain ,federal land managed by the ,bureau of ,land ,management1 as generally depicted on the map entitled ,o,c ,land ,grant ,act of #bjac3 ,illinois ,valley ,salmon and ,botanical ,area and dated ,november #ah1 #bjac1 to be known as the ,illinois ,valley ,salmon and ,botanical ,area 7referred to in this section as the ,botanical ,area74 7b7 ,purposes ,the purposes of the ,botanical ,area are to provide for the protection1 preservation1 and enhancement of botanical1 nonmotorized recreational1 ecological1 scenic1 cultural1 watershed1 and fish and wildlife values4 7c7 ,administration ,the ,secretary shall-- 7#a7 administer the ,botanical ,area-- 7,a7 in accordance with the laws 7including regulations7 and rules applicable to the ,bureau of ,land ,management2 and 7,b7 consistent with section #aje2 and 7#b7 only allow uses of the ,botanical ,area that are consistent with the purposes described in subsection 7b74 7d7 ,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 ,secretary4 7e7 ,fish and wildlife ,nothing in this section affects the jurisdiction or responsibilities of the ,state with respect to fish and wildlife in the ,state4 7f7 ,adjacent management ,nothing in this section creates any protective perimeter or buffer zone around the ,botanical ,area4 7g7 ,protection of tribal rights ,nothing in this section diminishes any treaty rights of any ,indian tribe4 7h7 ,land reclassification 7#a7 ,in general ,the ,secretary shall reclassify the approximately #g1bjj acres of ,federal land generally depicted as ,other ,,blm lands on the map described in subsection 7a7 as ,oregon and ,california ,railroad grant land4 7#b7 ,applicability ,the land reclassified under paragraph 7#a7 shall be considered to satisfy any requirement to reclassify public domain land as ,oregon and ,california ,railroad grant land1 including under sections #bjf and #baf of the ,oregon and ,california ,land ,grant ,act of #bjac4 #aad4 ,pacific ,crest ,national ,scenic ,trail ,protection ,corridor 7a7 ,establishment ,the ,secretary shall-- 7#a7 not later than #a year after the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac1 establish a protection and management corridor in the ,state consisting of certain ,federal land managed by the ,bureau of ,land ,management1 generally depicted as #8,pacific ,crest ,trail ,protection ,corridor' on the map entitled ,o,c ,land ,grant ,act of #bjac3 ,cascade-,siskiyou ,national ,monument ,expansion and ,pacific ,crest ,trail ,protection ,corridor and dated ,november #ah1 #bjac1 to be known as the ,pacific ,crest ,trail ,corridor 7referred to in this section as the ,,pct ,corridor72 and 7#b7 draw the ,,pct ,corridor boundaries to include-- 7,a7 all the ,bureau of ,land ,management land within approximately #a_/d mile on either side of the ,pacific ,crest ,national ,scenic ,trail2 and 7,b7 to the extent practicable1 recreational1 scenic1 historical1 wildlife1 water1 and other resources associated with the ,pacific ,crest ,national ,scenic ,trail that are in need of protection4 7b7 ,administration 7#a7 ,in general ,the ,secretary shall manage the ,federal land administered by the ,bureau of ,land ,management described in subsection 7a7 to protect and enhance enjoyment of the recreational1 scenic1 historical1 wildlife1 and water values of the ,,pct ,corridor in as natural and undeveloped state as practicable4 7#b7 ,activities ,forest thinning and vegetation treatments should be considered consistent with paragraph 7#a7 if the purpose is-- 7,a7 to improve forest health when faced by a threat of fire1 insect outbreak1 or disease2 7,b7 to improve or maintain recreational facilities and opportunities2 or 7,c7 to protect public health or safety4 7c7 ,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 land1 as determined by the ,secretary in applicable management plans4 7d7 ,applicable law ,if the ,,pct ,corridor established by this subsection is within an area designated by ,congress for special management1 the most restrictive provisions of law shall apply4 7e7 ,fish and wildlife ,nothing in this section affects the jurisdiction or responsibilities of the ,state with respect to fish and wildlife in the ,state4 7f7 ,adjacent management ,nothing in this section creates any protective perimeter or buffer zone around the ,,pct ,corridor4 7g7 ,protection of tribal rights ,nothing in this section diminishes any treaty rights of any ,indian tribe4 #aae4 ,primitive backcountry special management areas 7a7 ,management 7#a7 ,in general ,the ,secretary shall manage the ,federal land administered by the ,bureau of ,land ,management described in subsection 7b7 in a manner that preserves the natural and primitive character of the land for recreational1 scenic1 and scientific use4 7#b7 ,activities ,forest thinning and vegetation treatments should be considered consistent with paragraph 7#a7 if the purpose is-- 7,a7 to improve forest health when faced by a threat of fire1 insect outbreak1 or disease2 7,b7 to improve or maintain recreational facilities and opportunities2 or 7,c7 to protect public health or safety4 7b7 ,description of land ,the ,federal land referred to in subsection 7a7 is the following3 7#a7 ,grizzly peak primitive backcountry area ,certain ,federal land managed by the ,bureau of ,land ,management1 comprising approximately #b1ajj acres1 as generally depicted on the map entitled ,o,c ,land ,grant ,act of #bjac3 ,grizzly ,peak ,primitive ,backcountry ,area1 dated ,november #ah1 #bjac1 which shall be known as the ,grizzly ,peak ,primitive ,backcountry ,area4 7#b7 ,dakubetede primitive backcountry area ,certain ,federal land managed by the ,bureau of ,land ,management1 comprising approximately #ba1bjj acres1 as generally depicted on the map entitled ,o,c ,land ,grant ,act of #bjac3 ,dakubetede ,primitive ,backcountry ,area1 dated ,november #ah1 #bjac1 which shall be known as the ,dakubetede ,primitive ,backcountry ,area4 7#c7 ,wellington wildlands primitive backcountry area ,certain ,federal land managed by the ,bureau of ,land ,management1 comprising approximately #e1gjj acres1 as generally depicted on the map entitled ,o,c ,land ,grant ,act of #bjac3 ,wellington ,wildlands ,primitive ,backcountry ,area1 dated ,november #ah1 #bjac1 which shall be known as the ,wellington ,wildlands ,primitive ,backcountry ,area4 7#d7 ,mungers butte primitive backcountry area ,certain ,federal land managed by the ,bureau of ,land ,management1 comprising approximately #aj1bjj acres1 as generally depicted on the map entitled ,o,c ,land ,grant ,act of #bjac3 ,mungers ,butte ,primitive ,backcountry ,area1 dated ,november #ah1 #bjac1 which shall be known as the ,mungers ,butte ,primitive ,backcountry ,area4 7#e7 ,brummitt fir primitive backcountry area ,certain ,federal land managed by the ,bureau of ,land ,management1 comprising approximately #b1jjj acres1 as generally depicted on the map entitled ,o,c ,land ,grant ,act of #bjac3 ,brummitt ,fir ,primitive ,backcountry ,area1 dated ,november #ah1 #bjac1 which shall be known as the ,brummitt ,fir ,primitive ,backcountry ,area4 7#f7 ,crabtree valley primitive backcountry area ,certain ,federal land managed by the ,bureau of ,land ,management1 comprising approximately #b1ajj acres1 as generally depicted on the map entitled ,o,c ,land ,grant ,act of #bjac3 ,crabtree ,valley ,primitive ,backcountry ,area1 dated ,november #ah1 #bjac1 which shall be known as the ,crabtree ,valley ,primitive ,backcountry ,area4 7c7 ,off-,road vehicles ,the use of motorized vehicles on ,bureau of ,land ,management holdings in the land described in subsection 7b7 shall be limited to roads designated by the ,secretary4 7d7 ,fish and wildlife ,nothing in this section affects the jurisdiction or responsibilities of the ,state with respect to fish and wildlife in the ,state4 7e7 ,adjacent management ,nothing in this section creates any protective perimeter or buffer zone around the land described in subsection 7b74 7f7 ,protection of tribal rights ,nothing in this section diminishes any treaty rights of any ,indian tribe4 7g7 ,land reclassification 7#a7 ,in general ,the ,secretary shall reclassify the approximately #c1fjj acres of ,federal generally depicted as ,other ,,blm lands on the maps described in subsection 7b7 as ,oregon and ,california ,railroad grant land4 7#b7 ,applicability ,the land reclassified under paragraph 7#a7 shall be considered to satisfy any requirement to reclassify public domain land as ,oregon and ,california ,railroad grant land1 including under sections #bjf and #baf of the ,oregon and ,california ,land ,grant ,act of #bjac4 #aaf4 ,special ,environmental ,zones 7a7 ,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 ,act1 as generally depicted on the map entitled ,o,c ,land ,grant ,act of #bjac3 ,special ,environmental ,zones and dated ,november #ah1 #bjac1 to be known as ,special ,environmental ,zones 7referred to in this section as ,special ,environmental ,zones74 7b7 ,purposes ,the purposes of the ,special ,environmental ,zones are to provide for the protection1 preservation1 and enhancement of ecological1 scenic1 cultural1 watershed1 and fish and wildlife values4 7c7 ,administration ,the ,secretary shall-- 7#a7 administer the ,special ,environmental ,zones-- 7,a7 in accordance with the laws 7including regulations7 and rules applicable to the ,bureau of ,land ,management2 and 7,b7 consistent with section #aje2 and 7#b7 only allow uses of the ,special ,environmental ,zones that are consistent with the purposes described in subsection 7b74 7d7 ,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 ,secretary4 7e7 ,fish and wildlife ,nothing in this section affects the jurisdiction or responsibilities of the ,state with respect to fish and wildlife in the ,state4 7f7 ,adjacent management ,nothing in this section creates any protective perimeter or buffer zone around the ,special ,environmental ,zones4 7g7 ,protection of tribal rights ,nothing in this section diminishes any treaty rights of any ,indian tribe4 7h7 ,effect on other laws ,if a ,special ,environmental ,zone established by this section is located within an area designated by ,congress for special management1 the most restrictive provisions of ,federal law shall apply4 #aag4 ,land ownership consolidation 7a7 ,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-- 7#a7 to improve the efficiency of management of the ,federal land2 7#b7 to facilitate resource management on the ,federal land2 or 7#c7 to improve the conservation value of the ,federal land4 7b7 ,review ,not later than #ahj days after the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac1 the ,secretary shall review and inventory the covered land to identify any public land that-- 7#a7 as the result of location or other characteristic1 is no longer necessary or appropriate for continued ,federal management in accordance with this ,act2 or 7#b7 is determined to facilitate achieving any of the purposes described in subsection 7a74 7c7 ,consultation with adjacent landowners ,as soon as practicable after completing the review and inventory under subsection 7b71 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 7a74 7d7 ,expedited land exchanges 7#a7 ,in general ,if an owner of adjacent land described in subsection 7c7 expresses interest in participating in a land exchange under this section1 the ,secretary may complete that land exchange in accordance with paragraphs 7#b7 through 7#e74 7#b7 ,public interest determination 7,a7 ,in general ,if an owner of adjacent land described in subsection 7c7 proposes to the ,secretary entering into a land exchange under this section1 the ,secretary shall1 not later than #ij days after receiving the proposal1 determine whether the public interest will be well-served by making the exchange4 7,b7 ,failure to make public interest determination ,if the ,secretary fails to make the determination by the date described in subparagraph 7,a71 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-- 7i7 a report explaining the reason why the determination has not been made2 and 7ii7 every #cj days after the report described in clause 7i7 is submitted until the date on which the ,secretary makes a determination1 an updated report4 7#c7 ,exchange pending completion of appraisals ,if the ,secretary determines that a proposed land exchange is in the public interest1 the ,secretary may allow for the ,federal and non-,federal land to be exchanged pending completion of appraisals1 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 #bjf7;b7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agaf7;b774 7#d7 ,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 7#b71 the ,secretary may use the authority to exchange land of approximately equal value in accordance with section #bjf7;h7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agaf7;h77 as applicable4 7#e7 ,additional exchange authority ,the ,secretary may exercise the authority under the ,act of ,march #bj1 #aibb 7#af ,u4,s4,c4 #dhe71 to facilitate land exchanges under this section1 except that any reference to the ,secretary of ,agriculture in that ,act shall be considered to be a reference to the ,secretary1 and any reference to national forests in that ,act shall be considered to be a reference to covered land4 7e7 ,sale of public land 7#a7 ,in general 7,a7 ,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 section4 7,b7 ,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 #bjac1 identified as ,land ,tenure1 ,zone #c as generally depicted on the map entitled ,western ,oregon ,forestry ,land ,tenure1 ,zone #c and dated ,september #f1 #bjac4 7#b7 ,sale procedures ,the sale of public land identified under subsection 7a7 shall be conducted in accordance with sections #bjc and #bji of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agac1 #agai74 7#c7 ,exceptions to competitive bidding requirements ,the exceptions to competitive bidding requirements under section #bjc7;f7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agac7;f77 shall apply to this section in cases in which the ,secretary determines it to be necessary4 7f7 ,use of proceeds 7#a7 ,in general ,notwithstanding any other provision of law 7other 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 ,state71 proceeds from the sale under subsection 7e7 of land described in subsection 7a7 shall-- 7,a7 in the case of land sold within a forestry emphasis area1 be deposited into a separate account in the ,treasury to be known as the ,o,c ,land--,forestry ,emphasis ,areas ,acquisition ,account2 and 7,b7 in the case of land sold within a conservation emphasis area1 be deposited into a separate account in the ,treasury to be known as the ,o,c ,land--,conservation ,emphasis ,areas ,acquisition ,account4 7#b7 ,availability ,amounts in the accounts described in paragraph 7#a7 shall be available to the ,secretary1 without further appropriation1 to purchase land or interests in land1 from willing sellers only1 if acquisition of the non-,federal land will meet #a or more of the purposes described in subsection 7a74 7#c7 ,administrative expenses ,an amount not to exceed #bj percent of the funds deposited in the accounts described in paragraph 7#a7 may be used by the ,secretary for administrative and other expenses necessary to carry out the activities authorized in this section4 7g7 ,balance in accounts ,the ,secretary shall administer the balance in the accounts described in subsection 7f77#a7 as follows3 7#a7 ,the ,secretary shall not complete the sale of more than #e1jjj acres of the land identified under subsection 7b7 prior to obligating funds from the accounts described in subsection 7f77#a7 for the acquisition of at least #a parcel4 7#b7 ,the ,secretary shall seek to keep the balances in the accounts described in subsection 7f77#a7 low by using the funds in the accounts to acquire parcels as soon as practicable4 7h7 ,acquired land 7#a7 ,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 #ajc4 7#b7 ,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 #aje4 #aah4 ,categorical exclusions 7a7 ,in general ,except as provided in subsection 7c71 the eligible activities described in subsection 7b7 that are conducted on covered land in accordance with this section shall be-- 7#a7 considered an action categorically excluded from the requirements for an environmental assessment or an environmental impact statement under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or section #aejh4d of title #dj1 ,code of ,federal ,regulations 7or a successor regulation72 and 7#b7 exempt from administrative review4 7b7 ,eligible activities ,the eligible activities referred to in subsection 7a7 consist of the following3 7#a7 ,the placement of trees and portions of trees in streams to benefit fish species4 7#b7 ,the planting of riparian vegetation with species of vegetation native to the ,state4 7#c7 ,the replacement of culverts that-- 7,a7 impede fish passage2 or 7,b7 are unable to withstand a #ajj-year flood event4 7#d7 ,the removal of any road that-- 7,a7 was not established by the ,bureau of ,land ,management2 and 7,b7 was established less than #bj years before the date of removal of the road4 7c7 ,exclusion of certain areas ,subsection 7a7 does not apply to eligible activities located in-- 7#a7 a component of the ,national ,wilderness ,preservation ,system2 7#b7 a wilderness study area2 or 7#c7 an area in which activities described in subsection 7b7 would be inconsistent with the applicable resource management plan4 #aai4 ,closure or decommissioning of ,bureau of ,land ,management roads 7a7 ,closure or decommissioning of ,,blm roads 7#a7 ,in general ,the ,secretary shall seek to close or decommission nonessential roads on covered land in a manner that1 minimizes1 to the maximum extent practicable1 the hydrologic impact of the closure or decommissioning4 7#b7 ,priority ,in carrying out paragraph 7#a71 the ,secretary shall prioritize nonessential roads for closure or decommissioning1 using the following criteria3 7,a7 ,nonessential roads that are most likely to cause the greatest magnitude of environmental harm1 including-- 7i7 roads located on steep slopes2 7ii7 roads located in a manner that cause1 or are at a risk of causing1 chronic sedimentation1 road failure1 landslides1 or other environmental concerns 7including roads with high densities of stream crossings72 7iii7 roads that pose public safety concerns2 or 7iv7 roads that1 if closed or decommissioned1 would significantly enhance watershed function and wildlife habitat through the restoration of large blocks of habitat4 7,b7 ,the usage of the nonessential road for administrative activities of the ,bureau of ,land ,management or by the public4 7,c7 ,the expenses necessary to complete the closure or decommissioning of the nonessential road4 7b7 ,legacy roads and trails program 7#a7 ,in general ,the ,secretary shall establish a program to be known as the ,legacy ,roads and ,trails program to provide-- 7,a7 urgently needed road decommissioning1 road and trail repair and maintenance and associated activities1 and removal of fish passage barriers1 especially in areas in which roads may be contributing to water quality problems in streams and water bodies that support threatened1 endangered1 or sensitive species or community water sources2 7,b7 urgently needed road repairs required due to recent storm events2 or 7,c7 the decommissioning of unauthorized roads that are not part of the transportation system4 7#b7 ,project selection 7,a7 ,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 ,management4 7,b7 ,priorities ,in selecting projects under this subsection1 the ,secretary shall give priority to-- 7i7 decommissioning and repairing roads and trails in environmentally sensitive areas2 and 7ii7 areas in which roads may be contributing to water quality problems in streams and water bodies the support threatened or endangered species1 or species considered sensitive by the ,secretary4 7#c7 ,report to ,congress ,not later than #abj days after the end of each fiscal year1 the ,secretary shall submit to ,congress a report on the status of the projects selected for completion in the following #b fiscal years4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #e1jjj1jjj for each of fiscal years #bjac through #bjbc4 #abj4 ,special management and research areas 7a7 ,in general ,the ,secretary shall designate #ej1jjj acres across #b to #e 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 7b74 7b7 ,criteria ,in designating land as special management and research areas under subsection 7a71 the ,secretary shall designate-- 7#a7 #bj to #cj percent of land that is designated as ,conservation ,emphasis ,areas on the maps described in section #ajb7;a77#b72 7#b7 #gj to #hj percent of land that is designated as ,forestry ,emphasis ,areas on the maps described in section #ajb7;a77#b72 7#c7 land1 to the maximum extent practicable1 contiguous to other land designated under subsection 7a72 7#d7 land within close proximity of other land designated under subsection 7a72 7#e7 land located within #aej miles of the main campus of ,oregon ,state ,university in ,corvallis1 ,oregon2 and 7#f7 selected in consultation with ,oregon ,state ,university4 7c7 ,authorized projects ,land designated under subsection 7a7 shall be used for the conducting by institutions of higher education in the ,state of research projects and demonstration projects that address-- 7#a7 increasing social awareness and knowledge of the environmental1 social1 and economic impacts on the implementation of ecological forestry on public land2 7#b7 improving the health of rural communities and citizens2 7#c7 reducing catastrophic fires and the degradation of ecosystem health2 7#d7 increasing conservation with a landscape approach2 and 7#e7 understanding the riparian reserve approaches authorized under this ,act4 7d7 ,monitoring ,work performed on land designated under subsection 7a7 shall include-- 7#a7 post-treatment monitoring of the effects of the treatments on the land2 and 7#b7 if practicable1 monitoring of other projects implemented under this ,act1 including monitoring by-- 7,a7 diverse stakeholders2 7,b7 collaborative groups2 7,c7 ,federal agencies2 and 7,d7 institutions of higher educations4 7e7 ,institutions of higher education ,at least #aj 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 ,university4 7f7 ,minimum acreage 7#a7 ,in general ,at least #c1gej acres of the land designated under subsection 7a7 shall be treated during each #e-year period4 7#b7 ,failure to treat ,if the minimum acreage under paragraph 7#a7 is not treated for two #e-year periods during a #bj-year period1 management of the land designated under subsection 7a7 shall revert to traditional management status by the ,secretary4 7g7 ,review ,the ,bureau of ,land ,management ,state ,director shall-- 7#a7 review and decide whether to permit each proposed treatment to be conducted as part of an authorized project2 and 7#b7 review for adequacy the paperwork required to be prepared for each treatment4 7h7 ,effect ,nothing in this section supersedes or modifies any provision of ,federal law not expressly superseded or modified by this section4 #aba4 ,compliance 7a7 ,in general ,the ,secretary shall establish guidelines to ensure that the following trees are not cut in the covered area in violation of this ,act3 7#a7 ,nest trees4 7#b7 ,trees equal to or greater than #bej years of age measured at breast height4 7#c7 ,old growth trees less than #bej years of age measured at breast height4 7b7 ,issuance of penalty to the contractor ,if a contractor cuts a tree described in paragraph 7#a7 or 7#b7 of subsection 7a71 the contractor shall make a payment to the ,secretary equal to #c times the value of that tree1 as determined under subsection 7c74 7c7 ,valuation 7#a7 ,in general ,the stumpage value of the #a or more trees described in paragraph 7#a7 or 7#b7 of subsection 7a7 shall be used to calculate the amount of the payment to be made under subsection 7b7 in accordance with this subsection4 7#b7 ,volume of trees cut ,the volume of the trees cut shall be calculated using-- 7,a7 the ,scribner ,decimal ,c ,log ,rule2 and 7,b7 ,west-,side ,scaling methods4 7#c7 ,stumpage value of trees 7,a7 ,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 subsection4 7,b7 ,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-- 7i7 in the same calendar year quarter that the trees cut were discovered to be in violation of this ,act2 and 7ii7 in the same region of the ,state1 as determined by the ,oregon ,department of ,forestry4 7,c7 ,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 subsection4 7d7 ,penalty system 7#a7 ,in general ,subject to paragraph 7#b71 not later than #ahj days after the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac1 the ,secretary shall establish a penalty system designed to deter contractors from cutting trees in the covered area1 in violation of this ,act1 that are between the ages of #aej and #bej measured at breast height4 7#b7 ,restrictions 7,a7 ,in general ,the penalty system under paragraph 7#a7 shall allow for some de minimis quantity of trees described in that paragraph1 as determined by the ,secretary1 to be determined to be trees cut in error and not subject to penalty4 7,b7 ,modification of penalty system ,if the quantity of trees described in paragraph 7#a7 that are cut by a contractor is greater than twice the de minimis quantity established by the ,secretary1 the ,secretary shall1 after public notice and opportunity to comment for a period of #cj days1 revise the penalty system accordingly4 #abb4 ,review by advisory panel 7a7 ,in general ,not later than #aj years after the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac and every #aj years thereafter1 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 values1 including-- 7#a7 the effect on forest health2 7#b7 the effect on watershed health2 7#c7 impacts to early and late successional habitat2 and 7#d7 the effectiveness of the riparian reserves4 7b7 ,report ,not later than #ahj days after the date on which a panel is convened under subsection 7a71 the panel shall submit to ,congress a report that includes recommendations with respect to the implementation of this ,act1 including recommendations for any additional legislation needed to implement this ,act4 #abc4 ,transition 7a7 ,in general ,during the period beginning on the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac and ending #ij days after the date the record of decision is completed under section #ajd1 a transition period 7referred to in this section as the transition period7 shall be in effect in accordance with this section4 7b7 ,management 7#a7 ,in general ,except as provided in paragraph 7#b71 during the transition period1 the ,secretary shall manage the covered land1 including continuing to plan timber sales and restoration projects1 in accordance with the designations1 allocation1 and requirements of this ,act4 7#b7 ,pending timber sales ,timber sales for which an environmental impact statement1 environmental assessment1 or categorical exclusion documentation required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 has been completed or will be completed during the #fj-;day period beginning on the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac shall proceed in accordance with the terms of the sales4 7c7 ,special administrative review process ,the procedures established under section #aje of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feae7 shall be the only process to administratively challenge projects during the transition period4 7d7 ,existing contracts 7#a7 ,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 #bjac shall remain binding and effective according to the terms of the contract4 7#b7 ,administration ,the ,secretary shall seek to make such accommodations as are necessary to avoid interfering with the performance of a contract described in paragraph 7#a74 7e7 ,existing access rights 7#a7 ,in general ,during the transition period1 the ,secretary shall preserve all rights of access and use of covered land 7including reciprocal rights-of-way agreements1 tail hold agreements1 or other right-of-way or easement obligations7 existing on the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac4 7#b7 ,administration ,rights described in paragraph 7#a7 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 #bjac4 #abd4 ,effect ,nothing in this ,act affects any private ownership or rights1 including rights-of-way and tribal treaty rights1 or terminates any valid lease1 permit1 patent1 or other right of authorization existing on the date of enactment of the ,oregon and ,california ,land ,grant ,act of #bjac with regard to covered land4 4 #ajb4 ,distribution of funds 7a7 ,in general ,title ,,ii of the ,oregon and ,california ,land ,grant ,act 7#dc ,u4,s4,c4 #aaha;f7 is amended to read as follows3 ,,ii ,distribution of funds #bja4 ,distribution of funds 7a7 ,fund ,effective for fiscal year #bjad and each fiscal year thereafter1 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 section4 7b7 ,general fund ,subject to subsection 7d77#d77;,c71 as soon as practicable after the end of each fiscal year described in subsection 7a71 #d1jjj1jjj 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 ,treasury4 7c7 ,administrative costs 7#a7 ,in general ,subject to paragraph 7#b7 and subsection 7d77#d77;,c71 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 for1 and capital improvement costs on1 covered land4 7#b7 ,limitations ,the amount of revenue that is used to pay for expenses and costs for a fiscal year under paragraph 7#a7 shall not exceed-- 7,a7 #be percent of all amounts received for the applicable fiscal year by the ,secretary from the covered land during the fiscal year2 or 7,b7 #bj1jjj1jjj4 7d7 ,payments to counties 7#a7 ,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 7b7 and 7c7 shall be provided to the counties that contain covered land 7referred to in this subsection as a covered county7 in the form of annual payments4 7#b7 ,timing ,payments shall be made available to covered counties under this subsection as soon as practicable following the end of each fiscal year4 7#c7 ,other county funds ,payments made to covered counties under this subsection shall be used as other county funds4 7#d7 ,amount 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 for each fiscal year described in subsection 7a71 the amount of payments allocated under this subsection to each covered county for a fiscal year shall be equal to the ratio that-- 7i7 the assessed value of covered land in the covered county for fiscal year #aiae2 bears to 7ii7 the assessed value of covered land in all covered counties for fiscal year #aiae4 7,b7 ,nonassessed land ,for purposes of subparagraph 7,a71 the portion of the covered lands in each of the covered counties that was not assessed for fiscal year #aiae shall be considered to have been assessed at the average assessed value of the covered land in the covered county4 7,c7 ,minimum amount 7i7 ,in general ,subject to clauses 7ii7 and 7iii71 the annual payment paid to a covered county under this subsection1 to the extent practicable1 shall not be less than the payment that the covered county would have received solely under this ,act for fiscal year #bjac if the covered county had elected to receive payment under this ,act and not under any other law4 7ii7 ,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 7i71 the payment made to the ,treasury for the fiscal year under subsection 7b7 shall be reduced by an amount necessary to provide the minimum payments required under clause 7i7 for the covered county4 7iii7 ,use of administrative costs share ,if the minimum payments required under clause 7i7 could not be made to all covered counties after the payment made to the ,treasury is reduced under clause 7ii71 the payment made for administrative expenses for the fiscal year under subsection 7c7 shall be reduced by an amount necessary to provide the minimum payments required under clause 7i7 for all covered counties4 4 7b7 ,effective date ,the amendment made by subsection 7a7 takes effect on ,october #a1 #bjac4 #ajc4 ,wild and ,scenic ,river designations 7a7 ,in general ,section #c7;a7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgd7;a77 is amended by adding at the end the following3 7#bjh7 ,nestucca river1 oregon ,the approximately #ae-mile segment from its confluence with ,ginger ,creek downstream until it crosses ,t4 #d ,s41 ,r4 #g ,w41 sec4 #g1 ,willamette ,meridian1 to be administered by the ,secretary of the ,interior as a recreational river4 7#bji7 ,walker creek1 oregon ,the approximately #c-mile segment from the headwaters in ,t4 #c ,s41 ,r4 #f ,w41 sec4 #bj downstream to the confluence with the ,nestucca ,river in ,t4 #c ,s41 ,r4 #f ,w41 sec4 #ae1 ,willamette ,meridian1 to be administered by the ,secretary of the ,interior as a recreational river4 7#baj7 ,north fork silver creek1 oregon ,the approximately #f-mile segment from the headwaters in ,t4 #ce ,s41 ,r4 #i ,w41 sec4 #a downstream to the edge of the ,bureau of ,land ,management boundary in ,t4 #ce ,s41 ,r4 #i ,w41 sec4 #ag1 ,willamette ,meridian1 to be administered by the ,secretary of the ,interior as a recreational river4 7#baa7 ,jenny creek1 oregon ,the approximately #bj-mile segment from the ,bureau of ,land ,management boundary located at the north boundary of the southwest quarter of the southeast quarter of ,t4 #ch ,s41 ,r4 #d ,e41 sec4 #cd1 ,willamette ,meridian1 downstream to the ,oregon ,state border1 to be administered by the ,secretary of the ,interior as a scenic river4 7#bab7 ,spring creek1 oregon ,the approximately #a-mile segment from its source at ,shoat ,springs in ,t4 #dj ,s41 ,r4 #d ,e41 sec4 #cd1 ,willamette ,meridian1 downstream to the confluence with ,jenny ,creek in ,t4 #da ,s41 ,r4 #d ,e41 sec4 #c1 ,willamette ,meridian1 to be administered by the ,secretary of the ,interior as a scenic river4 7#bac7 ,lobster creek1 oregon ,the approximately #f-mile segment from ,t4 #ae ,s41 ,r4 #h ,w41 sec4 #ce1 ,willamette ,meridian1 downstream to the edge of the ,bureau of ,land ,management boundary in ,t4 #ae ,s41 ,r4 #h ,w41 sec4 #ae1 ,willamette ,meridian1 to be administered by the ,secretary of the ,interior as a recreational river4 4 7b7 ,withdrawal ,subject to valid existing rights1 the ,federal land within the boundaries of the river segments designated by paragraphs 7#bjh7 through 7#bac7 of section #c7;a7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgd7;a77 is withdrawn from all forms of-- 7#a7 entry1 appropriation1 or disposal under the public land laws2 7#b7 location1 entry1 and patent under the mining laws2 and 7#c7 disposition under all laws relating to mineral and geothermal leasing or mineral materials4 ,,ii ,tribal land ,a ,oregon ,coastal ,land ,conveyance #bja4 ,definitions ,in this subtitle3 7#a7 ,federal land ,the term ,federal land means the approximately #ad1hjd acres of ,federal land1 as generally depicted on the map entitled ,oregon ,coastal ,land ,conveyance1 and dated ,march #bg1 #bjac4 7#b7 ,planning area ,the term planning area means land-- 7,a7 administered by the ,director of the ,bureau of ,land ,management2 and 7,b7 located in-- 7i7 the ,coos ,bay ,district2 7ii7 the ,eugene ,district2 7iii7 the ,medford ,district2 7iv7 the ,roseburg ,district2 7v7 the ,salem ,district2 and 7vi7 the ,klamath ,falls ,resource ,area of the ,lakeview ,district4 7#c7 ,public domain land 7,a7 ,in general ,the term public domain land has the meaning given the term public lands in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb74 7,b7 ,exclusion ,the term public domain land does not include any land managed in accordance with the ,act of ,august #bh1 #aicg 7#dc ,u4,s4,c4 #aaha;a et seq474 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#e7 ,tribe ,the term ,tribe means the ,confederated ,tribes of ,coos1 ,lower ,umpqua1 and ,siuslaw ,indians4 #bjb4 ,conveyance 7a7 ,in general ,subject to valid existing rights1 including rights-of-way1 all right1 title1 and interest of the ,united ,states in and to the ,federal land1 including any improvements located on the ,federal land1 appurtenances to the ,federal land1 and minerals on or in the ,federal land1 including oil and gas1 shall be-- 7#a7 held in trust by the ,united ,states for the benefit of the ,tribe2 and 7#b7 part of the reservation of the ,tribe4 7b7 ,survey ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection 7a74 #bjc4 ,map and legal description 7a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall file a map and legal description of the ,federal land with-- 7#a7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7#b7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7b7 ,force and effect ,the map and legal description filed under subsection 7a7 shall have the same force and effect as if included in this subtitle1 except that the ,secretary may correct any clerical or typographical errors in the map or legal description4 7c7 ,public availability ,the map and legal description filed under subsection 7a7 shall be on file and available for public inspection in the ,office of the ,secretary4 #bjd4 ,administration 7a7 ,in general ,unless expressly provided in this subtitle1 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 land4 7b7 ,prohibitions 7#a7 ,exports of unprocessed logs ,federal law 7including regulations7 relating to the export of unprocessed logs harvested from ,federal land shall apply to any unprocessed logs that are harvested from the ,federal land4 7#b7 ,non-permissible use of land ,any real property taken into trust under section #bjb shall not be eligible1 or used1 for any gaming activity carried out under ,public ,law #ajj-dig 7#be ,u4,s4,c4 #bgja et seq474 #bje4 ,forest management ,any commercial forestry activity that is carried out on the ,federal land shall be managed in accordance with all applicable ,federal laws4 #bjf4 ,land reclassification 7a7 ,identification of ,oregon and ,california ,railroad grant land ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,agriculture and the ,secretary shall identify any ,oregon and ,california ,railroad grant land that is conveyed under section #bjb4 7b7 ,identification of public domain land ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall identify public domain land that-- 7#a7 is approximately equal in acreage and condition as the land identified under subsection 7a72 and 7#b7 is located within the planning area4 7c7 ,maps ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress and publish in the ,federal ,register #a or more maps depicting the land identified in subsections 7a7 and 7b74 7d7 ,reclassification 7#a7 ,in general ,after providing an opportunity for public comment1 the ,secretary shall reclassify the land identified in subsection 7b7 as ,oregon and ,california ,railroad grant land4 7#b7 ,applicability ,the ,act of ,august #bh1 #aicg 7#dc ,u4,s4,c4 #aaha;a et seq471 shall apply to land reclassified as ,oregon and ,california ,railroad grant land under paragraph 7#a74 ,b ,canyon ,mountain ,land ,conveyance #baa4 ,definitions ,in this subtitle3 7#a7 ,federal land ,the term ,federal land means the approximately #ag1hbf acres of ,federal land1 as generally depicted on the map entitled ,canyon ,mountain ,land ,conveyance1 and dated ,june #bg1 #bjac4 7#b7 ,planning area ,the term planning area means land-- 7,a7 administered by the ,director of the ,bureau of ,land ,management2 and 7,b7 located in-- 7i7 the ,coos ,bay ,district2 7ii7 the ,eugene ,district2 7iii7 the ,medford ,district2 7iv7 the ,roseburg ,district2 7v7 the ,salem ,district2 and 7vi7 the ,klamath ,falls ,resource ,area of the ,lakeview ,district4 7#c7 ,public domain land 7,a7 ,in general ,the term public domain land has the meaning given the term public lands in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb74 7,b7 ,exclusion ,the term public domain land does not include any land managed in accordance with the ,act of ,august #bh1 #aicg 7#dc ,u4,s4,c4 #aaha;a et seq474 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#e7 ,tribe ,the term ,tribe means the ,cow ,creek ,band of ,umpqua ,tribe of ,indians4 #bab4 ,conveyance 7a7 ,in general ,subject to valid existing rights1 including rights-of-way1 all right1 title1 and interest of the ,united ,states in and to the ,federal land1 including any improvements located on the ,federal land1 appurtenances to the ,federal land1 and minerals on or in the ,federal land1 including oil and gas1 shall be-- 7#a7 held in trust by the ,united ,states for the benefit of the ,tribe2 and 7#b7 part of the reservation of the ,tribe4 7b7 ,survey ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection 7a74 #bac4 ,map and legal description 7a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall file a map and legal description of the ,federal land with-- 7#a7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7#b7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7b7 ,force and effect ,the map and legal description filed under subsection 7a7 shall have the same force and effect as if included in this subtitle except that the ,secretary may correct any clerical or typographical errors in the map or legal description4 7c7 ,public availability ,the map and legal description filed under subsection 7a7 shall be on file and available for public inspection in the ,office of the ,secretary4 #bad4 ,administration 7a7 ,in general ,unless expressly provided in this subtitle1 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 land4 7b7 ,prohibitions 7#a7 ,exports of unprocessed logs ,federal law 7including regulations7 relating to the export of unprocessed logs harvested from ,federal land shall apply to any unprocessed logs that are harvested from the ,federal land4 7#b7 ,non-permissible use of land ,any real property taken into trust under section #bab shall not be eligible1 or used1 for any gaming activity carried out under ,public ,law #ajj-dig 7#be ,u4,s4,c4 #bgja et seq474 #bae4 ,forest management ,any commercial forestry activity that is carried out on the ,federal land shall be managed in accordance with all applicable ,federal laws4 #baf4 ,land reclassification 7a7 ,identification of ,oregon and ,california ,railroad grant land ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,agriculture and the ,secretary shall identify any ,oregon and ,california ,railroad grant land that is conveyed under section #bab4 7b7 ,identification of public domain land ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall identify public domain land that-- 7#a7 is approximately equal in acreage and condition as the land identified under subsection 7a72 and 7#b7 is located within the planning area4 7c7 ,maps ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress and publish in the ,federal ,register #a or more maps depicting the land identified in subsections 7a7 and 7b74 7d7 ,reclassification 7#a7 ,in general ,after providing an opportunity for public comment1 the ,secretary shall reclassify the land identified in subsection 7b7 as ,oregon and ,california ,railroad grant land4 7#b7 ,applicability ,the ,act of ,august #bh1 #aicg 7#dc ,u4,s4,c4 #aaha;a et seq471 shall apply to land reclassified as ,oregon and ,california ,railroad grant land under paragraph 7#a74 ,c ,amendments to ,coquille ,restoration ,act #bba4 ,amendments to ,coquille ,restoration ,act ,section #e7;d7 of the ,coquille ,restoration ,act 7#be ,u4,s4,c4 #gae;c7d77 is amended-- 7#a7 by striking paragraph 7#e7 and inserting the following3 7#e7 ,management 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary of the ,interior1 acting through the ,assistant ,secretary for ,indian ,affairs1 shall-- 7i7 manage the ,coquille ,forest in accordance with the laws pertaining to the management of ,indian trust land2 and 7ii7 distribute revenues in accordance with the ,national ,indian ,forest ,resources ,management ,act 7#be ,u4,s4,c4 #caja et seq474 7,b7 ,administration 7i7 ,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 land4 7ii7 ,sales of timber ,notwithstanding any other provision of law1 all sales of timber from land subject to this subsection shall be advertised1 offered1 and awarded according to competitive bidding practices1 with sales being awarded to the highest responsible bidder4 2 7#b7 by striking paragraph 7#i72 and 7#c7 by redesignating paragraphs 7#aj7 through 7#ab7 as paragraphs 7#i7 through 7#aa71 respectively4 ,,iii ,oregon treasures ,a ,wild ,rogue ,wilderness ,area #cja4 ,wild ,rogue ,wilderness ,area 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,map ,the term map means the map entitled ,wild ,rogue ,wilderness ,additions and dated ,june #ab1 #bjac4 7#c7 ,secretary ,the term ,secretary means-- 7,a7 the ,secretary of the ,interior1 with respect to public land administered by the ,secretary of the ,interior2 or 7,b7 the ,secretary of ,agriculture1 with respect to ,national ,forest ,system land4 7#d7 ,wilderness additions ,the term ,wilderness additions means the land added to the ,wild ,rogue ,wilderness under subsection 7b77#a74 7b7 ,expansion of wild rogue wilderness area 7#a7 ,expansion ,the approximately #ef1ajj 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 #ie-bcg 7#af ,u4,s4,c4 #aacb note2 #ib ,stat4 #dc71 except that-- 7,a7 the ,secretary of the ,interior and the ,secretary of ,agriculture shall administer the ,federal land under their respective jurisdiction2 and 7,b7 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 ,interior1 as applicable4 7#b7 ,map2 legal description 7,a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall prepare a map and legal description of the wilderness area designated by paragraph 7#a74 7,b7 ,force of law ,the map and legal description filed under subparagraph 7,a7 shall have the same force and effect as if included in this section1 except that the ,secretary may correct typographical errors in the map and legal description4 7,c7 ,public availability ,the map and legal description filed under subparagraph 7,a7 shall be on file and available for public inspection in the appropriate offices of the ,bureau of ,land ,management and ,forest ,service4 7#c7 ,correction ,section #c7;b7 of the ,endangered ,american ,wilderness ,act of #aigh 7#af ,u4,s4,c4 #aacb note2 ,public ,law #ie-bcg2 #ib ,stat4 #dc7 is amended by striking #c7;a77#e7 and inserting #c7;a77#e77;,a74 7#d7 ,withdrawal ,subject to valid existing rights1 the ,wilderness additions are withdrawn from all forms of-- 7,a7 entry1 appropriation1 or disposal under the public land laws2 7,b7 location1 entry1 and patent under the mining laws2 and 7,c7 disposition under all laws pertaining to mineral and geothermal leasing or mineral materials4 7#e7 ,tribal rights ,nothing in this subsection alters1 modifies1 enlarges1 diminishes1 or abrogates the treaty rights of any ,indian tribe4 7c7 ,potential addition to wilderness area 7#a7 ,designation ,subject to paragraph 7#c7 and in furtherance of the purposes of the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 certain public land in the ,state of ,oregon administered by the ,secretary of the ,interior1 compromising approximately #fjj acres1 as generally depicted on the map as ,potential ,wilderness1 shall be added to and administered as part of the ,wild ,rogue ,wilderness4 7#b7 ,interim management ,subject to valid existing rights1 the ,secretary shall manage the land described in paragraph 7#a7 to protect its suitability for designation as wilderness until the date on which the land is designated as wilderness in accordance with paragraph 7#c74 7#c7 ,wilderness designation 7,a7 ,in general ,the land described in paragraph 7#a7 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 7#af ,u4,s4,c4 #aaca et seq47 have been removed4 7,b7 ,administration ,on designation as wilderness under paragraph 7#a71 the land described in that paragraph shall be administered in accordance with this ,act1 the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 and ,public ,law #ie-bcg 7#af ,u4,s4,c4 #aacb note2 #ib ,stat4 #dj74 7#d7 ,withdrawal ,subject to valid existing rights1 the land described in paragraph 7#a7 is withdrawn from all forms of-- 7,a7 entry1 appropriation1 or disposal under the public land laws2 7,b7 location1 entry1 and patent under the mining laws2 and 7,c7 disposition under all laws pertaining to mineral and geothermal leasing or mineral materials4 7d7 ,withdrawal area protections 7#a7 ,in general ,the ,secretary shall manage the ,federal land described in paragraph 7#b7 in a manner that preserves the natural and primitive character of the land for recreational1 scenic1 and scientific use4 7#b7 ,description of the land ,the ,federal land referred to in paragraph 7#a7 is the approximately #d1jjj acres generally depicted on the map as ,withdrawal ,area4 7#c7 ,maps and legal descriptions 7,a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall prepare a map and legal description of the land described in paragraph 7#b74 7,b7 ,force of law ,the map and legal description filed under subparagraph 7,a7 shall have the same force and effect as if included in this section1 except that the ,secretary may correct typographical errors in the map and legal description4 7,c7 ,public availability ,the map and legal description filed under subparagraph 7,a7 shall be on file and available for public inspection in the appropriate offices of the ,bureau of ,land ,management4 7#d7 ,use of land 7,a7 ,in general ,subject to valid existing rights1 with respect to the ,federal land described in paragraph 7#b71 the ,secretary shall only allow uses that are consistent with the purposes described in paragraph 7#a74 7,b7 ,prohibited uses ,the following shall be prohibited on the ,federal land described in paragraph 7#b73 7i7 ,permanent roads4 7ii7 ,commercial enterprises4 7iii7 ,except as necessary to meet the minimum requirements for the administration of the ,federal land and to protect public health and safety-- 7,i7 the use of motor vehicles2 or 7,,ii7 the establishment of temporary roads4 7#e7 ,withdrawal ,subject to valid existing rights1 the ,federal land described in paragraph 7#b7 is withdrawn from-- 7,a7 all forms of entry1 appropriation1 or disposal under the public land laws2 7,b7 location1 entry1 and patent under the mining laws2 and 7,c7 disposition under all laws relating to mineral and geothermal leasing or mineral materials4 7e7 ,wild and scenic river designations1 rogue river area 7#a7 ,amendments ,section #c7;a7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgd7;a77 is amended by striking paragraph 7#e7 and inserting the following3 7#e7 ,rogue1 oregon 7,a7 ,in general ,the segment of the river extending from the mouth of the ,applegate ,river downstream to the ,lobster ,creek ,bridge1 to be administered by the ,secretary of the ,interior or the ,secretary of ,agriculture1 as agreed to by the ,secretaries of the ,interior and ,agriculture or as directed by the ,president4 7,b7 ,additions ,in addition to the segment described in subparagraph 7,a71 there are designated the following segments in the ,rogue ,river3 7i7 ,kelsey creek ,the approximately #d4h-mile segment of ,kelsey ,creek from the east section line of ,t4 #cb ,s41 ,r4 #i ,w41 sec4 #cd1 ,willamette ,meridian1 to the confluence with the ,rogue ,river1 as a wild river4 7ii7 ,east fork kelsey creek ,the approximately #d4f-mile segment of ,east ,fork ,kelsey ,creek from the ,wild ,rogue ,wilderness boundary in ,t4 #cc ,s41 ,r4 #h ,w41 sec4 #e1 ,willamette ,meridian1 to the confluence with ,kelsey ,creek1 as a wild river4 7iii7 ,whisky creek 7,i7 ,recreational river ,the approximately #j4f-mile segment of ,whisky ,creek from the confluence of the ,east ,fork and ,west ,fork to #j4a miles downstream from road #cc-h-bc1 as a recreational river4 7,,ii7 ,wild river ,the approximately #a4i-mile segment of ,whisky ,creek from #j4a miles downstream from road #cc-h-bc to the confluence with the ,rogue ,river1 as a wild river4 7iv7 ,east fork whisky creek 7,i7 ,wild river ,the approximately #b4f-mile segment of ,east ,fork ,whisky ,creek from the ,wild ,rogue ,wilderness boundary in ,t4 #cc ,s41 ,r4 #h ,w41 sec4 #aa1 ,willamette ,meridian41 to #j4a miles downstream of road #cc-h-bf crossing1 as a wild river4 7,,ii7 ,recreational river ,the approximately #j4c-mile segment of ,east ,fork ,whisky ,creek from #j4a miles downstream of road #cc-h-bf to the confluence with ,whisky ,creek1 as a recreational river4 7v7 ,west fork whisky creek ,the approximately #d4h-mile segment of ,west ,fork ,whisky ,creek from its headwaters to the confluence with ,whisky ,creek1 as a wild river4 7vi7 ,big windy creek 7,i7 ,scenic river ,the approximately #a4e-mile segment of ,big ,windy ,creek from its headwaters to #j4a miles downstream from road #cd-i-ag4a1 as a scenic river4 7,,ii7 ,wild river ,the approximately #e4h-mile segment of ,big ,windy ,creek from #j4a miles downstream from road #cd-i-ag4a to the confluence with the ,rogue ,river1 as a wild river4 7vii7 ,east fork big windy creek 7,i7 ,scenic river ,the approximately #j4b-mile segment of ,east ,fork ,big ,windy ,creek from its headwaters to #j4a miles downstream from road #cd-h-cf1 as a scenic river4 7,,ii7 ,wild river ,the approximately #c4g-mile segment of ,east ,fork ,big ,windy ,creek from #j4a miles downstream from road #cd-h-cf to the confluence with ,big ,windy ,creek1 as a wild river4 7viii7 ,little windy creek ,the approximately #a4i-mile segment of ,little ,windy ,creek from #j4a miles downstream of road #cd-h-cf to the confluence with the ,rogue ,river1 as a wild river4 7ix7 ,howard creek 7,i7 ,scenic river ,the approximately #j4c-mile segment of ,howard ,creek from its headwaters to #j4a miles downstream of road #cd-i-cd1 as a scenic river4 7,,ii7 ,wild river ,the approximately #f4i-mile segment of ,howard ,creek from #j4a miles downstream of road #cd-i-cd to the confluence with the ,rogue ,river1 as a wild river4 7x7 ,mule creek ,the approximately #f4c-mile segment of ,mule ,creek from the east section line of ,t4 #cb ,s41 ,r4 #aj ,w41 sec4 #be1 ,willamette ,meridian1 to the confluence with the ,rogue ,river1 as a wild river4 7xi7 ,anna creek ,the approximately #c4e-mile segment of ,anna ,creek from its headwaters to the confluence with ,howard ,creek1 as a wild river4 7xii7 ,missouri creek ,the approximately #a4f-mile segment of ,missouri ,creek from the ,wild ,rogue ,wilderness boundary in ,t4 #cc ,s41 ,r4 #aj ,w41 sec4 #bd1 ,willamette ,meridian1 to the confluence with the ,rogue ,river1 as a wild river4 7xiii7 ,jenny creek ,the approximately #a4h-mile segment of ,jenny ,creek from the ,wild ,rogue ,wilderness boundary in ,t4 #cc ,s41 ,r4 #i ,w41 sec4#bh1 ,willamette ,meridian1 to the confluence with the ,rogue ,river1 as a wild river4 7xiv7 ,rum creek ,the approximately #b4b-mile segment of ,rum ,creek from the ,wild ,rogue ,wilderness boundary in ,t4 #cd ,s41 ,r4 #h ,w41 sec4 #i1 ,willamette ,meridian1 to the confluence with the ,rogue ,river1 as a wild river4 7xv7 ,east fork rum creek ,the approximately #a4c-mile segment of ,east ,rum ,creek from the ,wild ,rogue ,wilderness boundary in ,t4 #cd ,s41 ,r4 #h ,w41 sec4 #aj1 ,willamette ,meridian1 to the confluence with ,rum ,creek1 as a wild river4 7xvi7 ,wildcat creek ,the approximately #a4g-mile segment of ,wildcat ,creek from its headwaters downstream to the confluence with the ,rogue ,river1 as a wild river4 7xvii7 ,montgomery creek ,the approximately #a4h-mile segment of ,montgomery ,creek from its headwaters downstream to the confluence with the ,rogue ,river1 as a wild river4 7xviii7 ,hewitt creek ,the approximately #a4b-mile segment of ,hewitt ,creek from the ,wild ,rogue ,wilderness boundary in ,t4 #cc ,s41 ,r4 #i ,w41 sec4 #ai1 ,willamette ,meridian1 to the confluence with the ,rogue ,river1 as a wild river4 7xix7 ,bunker creek ,the approximately #f4f-mile segment of ,bunker ,creek from its headwaters to the confluence with the ,rogue ,river1 as a wild river4 7xx7 ,dulog creek 7,i7 ,scenic river ,the approximately #j4h-mile segment of ,dulog ,creek from its headwaters to #j4a miles downstream of road #cd-h-cf1 as a scenic river4 7,,ii7 ,wild river ,the approximately #a4j-mile segment of ,dulog ,creek from #j4a miles downstream of road #cd-h-cf to the confluence with the ,rogue ,river1 as a wild river4 7xxi7 ,quail creek ,the approximately #a4g-mile segment of ,quail ,creek from the ,wild ,rogue ,wilderness boundary in ,t4 #cc ,s41 ,r4 #aj ,w41 sec4 #a1 ,willamette ,meridian1 to the confluence with the ,rogue ,river1 as a wild river4 7xxii7 ,meadow creek ,the approximately #d4a-mile segment of ,meadow ,creek from its headwaters to the confluence with the ,rogue ,river1 as a wild river4 7xxiii7 ,russian creek ,the approximately #b4e-mile segment of ,russian ,creek from the ,wild ,rogue ,wilderness boundary in ,t4 #cc ,s41 ,r4 #h ,w41 sec4 #bj1 ,willamette ,meridian1 to the confluence with the ,rogue ,river1 as a wild river4 7xxiv7 ,alder creek ,the approximately #a4b-mile segment of ,alder ,creek from its headwaters to the confluence with the ,rogue ,river1 as a wild river4 7xxv7 ,booze creek ,the approximately #a4e-mile segment of ,booze ,creek from its headwaters to the confluence with the ,rogue ,river1 as a wild river4 7xxvi7 ,bronco creek ,the approximately #a4h-mile segment of ,bronco ,creek from its headwaters to the confluence with the ,rogue ,river1 as a wild river4 7xxvii7 ,copsey creek ,the approximately #a4e-mile segment of ,copsey ,creek from its headwaters to the confluence with the ,rogue ,river1 as a wild river4 7xxviii7 ,corral creek ,the approximately #j4e-mile segment of ,corral ,creek from its headwaters to the confluence with the ,rogue ,river1 as a wild river4 7xxix7 ,cowley creek ,the approximately #j4i-mile segment of ,cowley ,creek from its headwaters to the confluence with the ,rogue ,river1 as a wild river4 7xxx7 ,ditch creek ,the approximately #a4h-mile segment of ,ditch ,creek from the ,wild ,rogue ,wilderness boundary in ,t4 #cc ,s41 ,r4 #i ,w41 sec4 #e1 ,willamette ,meridian1 to its confluence with the ,rogue ,river1 as a wild river4 7xxxi7 ,francis creek ,the approximately #j4i-mile segment of ,francis ,creek from its headwaters to the confluence with the ,rogue ,river1 as a wild river4 7xxxii7 ,long gulch ,the approximately #a4a-mile segment of ,long ,gulch from the ,wild ,rogue ,wilderness boundary in ,t4 #cc ,s41 ,r4 #aj ,w41 sec4 #bc1 ,willamette ,meridian1 to the confluence with the ,rogue ,river1 as a wild river4 7xxxiii7 ,bailey creek ,the approximately #a4g-mile segment of ,bailey ,creek from the west section line of ,t4 #cd ,s41 ,r4#h ,w41 sec4#ad1 ,willamette ,meridian1 to the confluence of the ,rogue ,river1 as a wild river4 7xxxiv7 ,shady creek ,the approximately #j4g-mile segment of ,shady ,creek from its headwaters to the confluence with the ,rogue ,river1 as a wild river4 7xxxv7 ,slide creek 7,i7 ,scenic river ,the approximately #j4e-mile segment of ,slide ,creek from its headwaters to #j4a miles downstream from road #cc-i-f1 as a scenic river4 7,,ii7 ,wild river ,the approximately #j4g-mile section of ,slide ,creek from #j4a miles downstream of road #cc-i-f to the confluence with the ,rogue ,river1 as a wild river4 4 7#b7 ,management ,each river segment designated by subparagraph 7,b7 of section #c7;a77#e7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgd7;a77#e77 7as added by paragraph 7#a77 shall be managed as part of the ,rogue ,wild and ,scenic ,river4 7#c7 ,withdrawal ,subject to valid existing rights1 the ,federal land within the boundaries of the river segments designated under subparagraph 7,b7 of section #c7;a77#e7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgd7;a77#e77 7as added by paragraph 7#a77 is withdrawn from all forms of-- 7,a7 entry1 appropriation1 or disposal under the public land laws2 7,b7 location1 entry1 and patent under the mining laws2 and 7,c7 disposition under all laws pertaining to mineral and geothermal leasing or mineral materials4 7f7 ,additional protections for rogue river tributaries 7#a7 ,licensing by commission ,the ,commission shall not license the construction of any dam1 water conduit1 reservoir1 powerhouse1 transmission line1 or other project works on or directly affecting any stream described in paragraph 7#d74 7#b7 ,other agencies 7,a7 ,in general ,no department or agency of the ,united ,states shall assist by loan1 grant1 license1 or otherwise in the construction of any water resources project on or directly affecting any stream segment that is described in paragraph 7#d71 except to maintain or repair water resources projects in existence on the date of enactment of this ,act4 7,b7 ,effect ,nothing in this paragraph prohibits any department or agency of the ,united ,states in assisting by loan1 grant1 license1 or otherwise1 a water resources project-- 7i7 the primary purpose of which is ecological or aquatic restoration2 and 7ii7 that provides a net benefit to water quality and aquatic resources4 7#c7 ,withdrawal ,subject to valid existing rights1 the ,federal land located within a #a_/d mile on either side of the stream segments described in paragraph 7#d71 is withdrawn from all forms of-- 7,a7 entry1 appropriation1 or disposal under the public land laws2 7,b7 location1 entry1 and patent under the mining laws2 and 7,c7 disposition under all laws pertaining to mineral and geothermal leasing or mineral materials4 7#d7 ,description of stream segments ,the following are the stream segments referred to in paragraph 7#a73 7,a7 ,kelsey creek ,the approximately #d4e-mile segment of ,kelsey ,creek from its headwaters to the east section line of ,t4 #cb ,s41 ,r4 #i ,w41 sec4 #cd4 7,b7 ,east fork kelsey creek ,the approximately #j4b-mile segment of ,east ,fork ,kelsey ,creek from its headwaters to the ,wild ,rogue ,wilderness boundary in ,t4 #cc ,s41 ,r4 #h ,w41 sec4 #e4 7,c7 ,east fork whisky creek ,the approximately #j4i-mile segment of ,east ,fork ,whisky ,creek from its headwaters to the ,wild ,rogue ,wilderness boundary in ,t4 #cc ,s41 ,r4 #h ,w41 sec4 #aa4 7,d7 ,little windy creek ,the approximately #a4b-mile segment of ,little ,windy ,creek from its headwaters to the west section line of ,t4 #cc ,s41 ,r4 #i ,w41 sec4 #cd4 7,e7 ,mule creek ,the approximately #e4a-mile segment of ,mule ,creek from its headwaters to the east section line of ,t4 #cb ,s41 ,r4 #aj ,w41 sec4 #be4 7,f7 ,missouri creek ,the approximately #c4a-mile segment of ,missouri ,creek from its headwaters to the ,wild ,rogue ,wilderness boundary in ,t4 #cc ,s41 ,r4 #aj ,w41 sec4 #bd4 7,g7 ,jenny creek ,the approximately #c4a-mile segment of ,jenny ,creek from its headwaters to the ,wild ,rogue ,wilderness boundary in ,t4 #cc ,s41 ,r4 #i ,w41 sec4 #bh4 7,h7 ,rum creek ,the approximately #b4b-mile segment of ,rum ,creek from its headwaters to the ,wild ,rogue ,wilderness boundary in ,t4 #cd ,s41 ,r4 #h ,w41 sec4 #i4 7,i7 ,east fork rum creek ,the approximately #j4h-mile segment of ,east ,fork ,rum ,creek from its headwaters to the ,wild ,rogue ,wilderness boundary in ,t4 #cd ,s41 ,r4 #h ,w41 sec4 #aj4 7,j7 ,hewitt creek ,the approximately #a4d-mile segment of ,hewitt ,creek from its headwaters to the ,wild ,rogue ,wilderness boundary in ,t4 #cc ,s41 ,r4 #i ,w41 sec4 #ai4 7,k7 ,quail creek ,the approximately #j4h-mile segment of ,quail ,creek from its headwaters to the ,wild ,rogue ,wilderness boundary in ,t4 #cc ,s41 ,r4 #aj ,w41 sec4 #a4 7,l7 ,russian creek ,the approximately #j4a-mile segment of ,russian ,creek from its headwaters to the ,wild ,rogue ,wilderness boundary in ,t4 #cc ,s41 ,r4 #h ,w41 sec4 #bj4 7,m7 ,ditch creek ,the approximately #j4g-mile segment of ,ditch ,creek from its headwaters to the ,wild ,rogue ,wilderness boundary in ,t4 #cc ,s41 ,r4 #i ,w41 sec4 #e4 7,n7 ,long gulch ,the approximately #a4d-mile segment of ,long ,gulch from its headwaters to the ,wild ,rogue ,wilderness boundary in ,t4 #cc ,s41 ,r4 #aj ,w41 sec4 #bc4 7,o7 ,bailey creek ,the approximately #a4d-mile segment of ,bailey ,creek from its headwaters to the west section line of ,t4 #cd ,s41 ,r4 #h ,w41 sec4 #ad4 7,p7 ,quartz creek ,the approximately #c4c-mile segment of ,quartz ,creek from its headwaters to its confluence with the ,north ,fork ,galice ,creek4 7,q7 ,north fork galice creek ,the approximately #e4g-mile segment of the ,north ,fork ,galice ,creek from its headwaters to its confluence with ,galice ,creek4 7,r7 ,grave creek ,the approximately #aj4b-mile segment of ,grave ,creek from the confluence of ,wolf ,creek downstream to the confluence with the ,rogue ,river4 7,s7 ,centennial gulch ,the approximately #b4b-mile segment of ,centennial ,gulch from its headwaters to its confluence with the ,rogue ,river4 7,t7 ,galice creek ,the approximately #b4b-mile segment of ,galice ,creek from the confluence with the ,south ,fork ,galice ,creek downstream to the ,rogue ,river4 ,b ,devil's ,staircase ,wilderness #caa4 ,definitions ,in this subtitle3 7#a7 ,map ,the term map means the map entitled ,devil's ,staircase ,wilderness ,proposal and dated ,june #ae1 #bjaj4 7#b7 ,secretary ,the term ,secretary means-- 7,a7 with respect to land under the jurisdiction of the ,secretary of ,agriculture1 the ,secretary of ,agriculture2 and 7,b7 with respect to land under the jurisdiction of the ,secretary of the ,interior1 the ,secretary of the ,interior4 7#c7 ,state ,the term ,state means the ,state of ,oregon4 7#d7 ,wilderness ,the term ,wilderness means the ,devil's ,staircase ,wilderness designated by section #cab7;a74 #cab4 ,devil's ,staircase ,wilderness1 ,oregon 7a7 ,designation ,in accordance with the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 the approximately #cj1edj acres of ,forest ,service land and ,bureau of ,land ,management land in the ,state1 as generally depicted on the map1 is designated as wilderness and as a component of the ,national ,wilderness ,preservation ,system1 to be known as the ,devil's ,staircase ,wilderness4 7b7 ,map2 legal description 7#a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall prepare a map and legal description of the ,wilderness4 7#b7 ,force of law ,the map and legal description prepared under paragraph 7#a7 shall have the same force and effect as if included in this ,act1 except that the ,secretary may correct clerical and typographical errors in the map and legal description4 7#c7 ,availability ,the map and legal description prepared under paragraph 7#a7 shall be on file and available for public inspection in the appropriate offices of the ,forest ,service and ,bureau of ,land ,management4 7c7 ,administration ,subject to valid existing rights1 the area designated as wilderness by this section shall be administered by the ,secretary in accordance with the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 except that-- 7#a7 any reference in that ,act to the effective date shall be considered to be a reference to the date of enactment of this ,act2 and 7#b7 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 ,wilderness4 7d7 ,fish and ,wildlife ,nothing in this section affects the jurisdiction or responsibilities of the ,state with respect to fish and wildlife in the ,state4 7e7 ,adjacent management 7#a7 ,in general ,nothing in this section creates any protective perimeter or buffer zone around the ,wilderness4 7#b7 ,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 ,wilderness4 7f7 ,protection of ,tribal ,rights ,nothing in this section diminishes any treaty rights of an ,indian tribe4 7g7 ,transfer of administrative jurisdiction 7#a7 ,in general ,administrative jurisdiction over the approximately #di acres of ,bureau of ,land ,management land north of the ,umpqua ,river in sec4 #cb1 ,t4 #ba ,s41 ,r4 #aa ,w1 is transferred from the ,bureau of ,land ,management to the ,forest ,service4 7#b7 ,administration ,the ,secretary shall administer the land transferred by paragraph 7#a7 in accordance with-- 7,a7 the ,act of ,march #a1 #aiaa 7commonly known as the ,weeks ,law7 7#af ,u4,s4,c4 #dhj et seq472 and 7,b7 any laws 7including regulations7 applicable to the ,national ,forest ,system4 #cac4 ,wild and ,scenic ,river designations1 ,wasson ,creek and ,franklin ,creek1 ,oregon ,section #c7;a7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgd7;a77 7as amended by section #ajc7;a77 is amended by adding at the end the following3 7#bad7 ,franklin ,creek1 ,oregon ,the #d4e-mile segment from its headwaters to the line of angle points within sec4 #h1 ,t4 #bb ,s41 ,r4 #aj ,w41 shown on the survey recorded in the ,official ,records of ,douglas ,county1 ,oregon1 as ,m#fd-fb1 to be administered by the ,secretary of ,agriculture as a wild river4 7#bae7 ,wasson ,creek1 ,oregon ,the #aj4a-mile segment in the following classes3 7,a7 ,the #d4b-mile segment from the eastern boundary of sec4 #ag1 ,t4 #ba ,s41 ,r4 #i ,w41 downstream to the western boundary of sec4 #ab1 ,t4 #ba ,s41 ,r4 #aj ,w41 to be administered by the ,secretary of the ,interior as a wild river4 7,b7 ,the #e4i-mile segment from the western boundary of sec4 #ab1 ,t4 #ba ,s41 ,r4 #aj ,w41 downstream to the eastern boundary of the northwest quarter of sec4 #bb1 ,t4 #ba ,s41 ,r4 #aj ,w41 to be administered by the ,secretary of ,agriculture as a wild river4 4 ,c ,additional wild and scenic river designations and technical corrections #cba4 ,designation of ,wild and ,scenic ,river segments1 ,molalla ,river1 ,oregon 7a7 ,in general ,section #c7;a7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgd7;a77 is amended by adding at the end the following3 7#bjh7 ,molalla river1 oregon 7,a7 ,in general ,the following segments in the ,state of ,oregon1 to be administered by the ,secretary of the ,interior as a recreational river3 7i7 ,molalla river ,the approximately #ae4a-mile segment from the southern boundary line of ,t4 #g ,s41 ,r4 #d ,e41 sec4 #ai1 downstream to the edge of the ,bureau of ,land ,management boundary in ,t4 #f ,s41 ,r4 #c ,e41 sec4 #g4 7ii7 ,table rock fork molalla river ,the approximately #f4b-mile segment from the easternmost ,bureau of ,land ,management boundary line in the ,,ne #a_/d sec4 #d1 ,t4 #g ,s41 ,r4 #d ,e41 downstream to the confluence with the ,molalla ,river4 7,b7 ,withdrawal ,subject to valid existing rights1 the ,federal land within the boundaries of the river segments designated by subparagraph 7,a7 is withdrawn from all forms of-- 7i7 entry1 appropriation1 or disposal under the public land laws2 7ii7 location1 entry1 and patent under the mining laws2 and 7iii7 disposition under all laws relating to mineral and geothermal leasing or mineral materials4 4 7b7 ,technical corrections ,section #c7;a77#ajb7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgd7;a77#ajb77 is amended-- 7#a7 in the heading1 by striking ,squaw creek and inserting ,whychus creek2 7#b7 in the matter preceding subparagraph 7,a71 by striking ,mc,allister ,ditch1 including the ,soap ,fork ,squaw ,creek1 the ,north ,fork1 the ,south ,fork1 the ,east and ,west ,forks of ,park ,creek1 and ,park ,creek ,fork and inserting ,plainview ,ditch1 including the ,soap ,creek1 the ,north and ,south ,forks of ,whychus ,creek1 the ,east and ,west ,forks of ,park ,creek1 and ,park ,creek2 and 7#c7 in subparagraph 7,b71 by striking ,mc,allister ,ditch and inserting ,plainview ,ditch4 #cbb4 ,technical corrections to the ,wild and ,scenic ,rivers ,act ,section #c7;a77#fi7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgd7;a77#fi77 is amended-- 7#a7 by redesignating subparagraphs 7,a71 7,b71 and 7,c7 as clauses 7i71 7ii71 and 7iii71 respectively1 and indenting appropriately2 7#b7 in the matter preceding clause 7i7 7as so redesignated71 by striking ,the #dd4e-mile and inserting the following3 7,a7 ,designations ,the #dd4e-mile 2 7#c7 in clause 7i7 7as so redesignated7-- 7,a7 by striking #be4e-mile and inserting #bg4e-mile2 and 7,b7 by striking ,boulder ,creek at the ,kalmiopsis ,wilderness boundary and inserting ,mislatnah ,creek2 7#d7 in clause 7ii7 7as so redesignated7-- 7,a7 by striking #h-mile and inserting #g4e-mile2 and 7,b7 by striking ,boulder ,creek to ,steel ,bridge and inserting ,mislatnah ,creek to ,eagle ,creek2 7#e7 in clause 7iii7 7as so redesignated7-- 7,a7 by striking #aa-mile and inserting #i4e-mile2 and 7,b7 by striking ,steel ,bridge and inserting ,eagle ,creek2 and 7#f7 by adding at the end the following3 7,b7 ,withdrawal ,subject to valid rights1 the ,federal land within the boundaries of the river segments designated by subparagraph 7,a71 is withdrawn from all forms of-- 7i7 entry1 appropriation1 or disposal under the public land laws2 7ii7 location1 entry1 and patent under the mining laws2 and 7iii7 disposition under all laws pertaining to mineral and geothermal leasing or mineral materials4 4