Library / Laws / 113th / s / S. 1784 / Reported in Senate
II
Calendar No. 646
113th CONGRESS
2d Session
S. 1784
[Report No. 113–307]
IN THE SENATE OF THE UNITED STATES
December 9, 2013Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
December 11, 2014Reported by Ms. Landrieu, with an amendmentStrike out all after the enacting clause and insert the part printed in italic
A BILL
To improve timber management on Oregon and California
Railroad and Coos Bay Wagon Road grant land, and for other
purposes.
1.
Short
title; table of contents
(a)
Short title
This Act may be cited as
the Oregon and California Land Grant
Act of 2013.
(b)
Table of contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.TITLE I—Management on Oregon and California Railroad and Coos Bay Wagon Road grant landSec. 101. Management on Oregon and California Railroad and Coos Bay Wagon Road grant land.Sec. 102. Distribution of funds.Sec. 103. Wild and Scenic River designations.TITLE II—Tribal landSubtitle A—Oregon Coastal Land ConveyanceSec. 201. Definitions.Sec. 202. Conveyance.Sec. 203. Map and legal description.Sec. 204. Administration.Sec. 205. Forest management.Sec. 206. Land reclassification.Subtitle B—Canyon Mountain Land ConveyanceSec. 211. Definitions.Sec. 212. Conveyance.Sec. 213. Map and legal description.Sec. 214. Administration.Sec. 215. Forest management.Sec. 216. Land reclassification.Subtitle C—Amendments to Coquille Restoration ActSec. 221. Amendments to Coquille Restoration Act.TITLE III—Oregon treasuresSubtitle A—Wild Rogue Wilderness AreaSec. 301. Wild Rogue Wilderness Area.Subtitle B—Devil’s Staircase Wilderness Sec. 311. Definitions.Sec. 312. Devil’s Staircase Wilderness, Oregon.Sec. 313. Wild and Scenic River designations, Wasson Creek and Franklin Creek, Oregon.Subtitle C—Additional wild and scenic river designations and technical correctionsSec. 321. Designation of Wild and Scenic River segments, Molalla River, Oregon.Sec. 322. Technical corrections to the Wild and Scenic Rivers Act.
I
Management on Oregon and California Railroad and Coos Bay Wagon Road grant
land
101.
Management on Oregon and California Railroad and Coos Bay Wagon Road grant
land
The Act of August 28,
1937 (43 U.S.C. 1181a et seq.), is amended—
(1) by redesignating
sections 2, 4, and 5 (43 U.S.C. 1181b, 1181d, 1181e) as sections 119, 120,
and
121, respectively; and
(2) by striking the
first section and inserting the following:
1.
Short title
This Act may be cited as the
Oregon and California Land Grant
Act.
2.
Definitions
In this Act:
(1)
Archeological
site
The term
archeological site means any district, site, building, structure, or object that is included in or eligible for
inclusion in the National Register under section 106 of the National
Historic Preservation Act (16 U.S.C. 470f).
(2)
Conservation emphasis area
The term
conservation emphasis area means covered land that is devoted to
conservation uses as designated on the map under section 102(a)(2).
(3)
Covered
land
The term covered land means Oregon and California Railroad and Coos Bay Wagon Road grant land described in
section 101.
(4)
Department
The
term Department means the Department of the Interior.
(5)
Dry
forest
The term dry
forest means—
(A) during the 10-year period beginning on the
date of enactment of the Oregon and
California Land Grant Act of 2013, land generally depicted as dry
forest on the map entitled O&C Land Grant Act of 2013: Moist Forests and Dry Forests and dated November 18, 2013, except that plant associations and plant association groups may be
used to adjust the dry forest assignment in specific locations based on an
on-the-ground field examination by the Secretary;
and
(B) after the period
described in subparagraph (A), land designated as dry forest by the
Secretary under section 103(b).
(6)
Ecological
forestry
The term ecological forestry means forestry
that—
(A) incorporates
principles of natural forest development (including the role of
natural
disturbances) in the initiation, development, and maintenance of
stands and
landscape mosaics; and
(B) is based on the
application of the best available ecological understanding of
forest ecosystems
in managing those ecosystems to achieve integrated environmental,
economic, and
cultural outcomes.
(7)
Forestry emphasis area
The term forestry emphasis area means
covered land that is primarily devoted to a sustained yield of
timber harvest over
time, as designated on the map under section 102(a)(1).
(8)
Key watershed
The term key watershed means a watershed that—
(A) is critical to 1 or more populations of native fish;
(B) provides high quality water; and
(C) is the same as 1 of the key watersheds designated under the Northwest Forest Plan.
(9)
Moist
forest
The term moist
forest means—
(A) during the 10-year period beginning on the
date of enactment of the Oregon and
California Land Grant Act of 2013, land generally depicted as
moist forest on the map entitled O&C Land Grant Act of 2013: Moist Forests and Dry Forests and
dated
November 18, 2013, except that plant associations and plant association groups may be used to
adjust the dry forest assignment in specific locations based on an
on-the-ground field examination by the Secretary; and
(B) after the period
described in subparagraph (A), land designated as moist forest by
the
Secretary under section 103(b).
(10)
Monument
The
term Monument means the Cascade-Siskiyou National Monument (as
defined in section 1401 of the Omnibus Public Land Management Act
of 2009 (16
U.S.C. 431 note; Public Law 111–11)).
(11)
Nest
tree
(A)
In
general
The term nest tree means a tree that—
(i) is currently in
use by a northern spotted owl for nesting; or
(ii) has been
documented to have been used by a northern spotted owl for nesting
during the
previous 5-year period.
(B)
Exclusion
The
term nest tree does not include a tree that has been used by a
northern spotted owl for nesting during the previous 5-year period
if the
tree—
(i) is located in an
area in which a major disturbance (such as a crown fire, tree
defoliating
insect or disease outbreak, or blow down) has occurred during the
period;
and
(ii) is not currently
being occupied by a northern spotted owl.
(12)
Old
growth
The term old growth means—
(A) in the case of a moist forest, trees that are—
(i) greater than 150 years of age measured at breast height; or
(ii)
(I) in a stand of trees in which the average stand age is 120 years or greater as of the date of
enactment of the Oregon and California Land Grant Act of 2013; and
(II) generally depicted as old growth stands on the map entitled O&C Land Grant Act of 2013: Legacy Old Growth Protection Network and dated November 18, 2013; and
(B) in the case of a
dry forest, trees that are greater than 150 years of age measured
at breast height.
(13)
Older
trees
The term older trees means trees that are
older than 100 years of age but less than 150 years of age measured
at breast height as of the date of
enactment of the Oregon and California Land
Grant Act of 2013.
(14)
Residence
The
term residence means a privately owned, permanent structure that
is—
(A) maintained for
habitation as a dwelling or workplace; and
(B) located in an
area with a density that is greater than 1 structure per 20 acres.
(15)
Riparian reserve
The term riparian reserve means an area that is—
(A) solely devoted to achieving the goals for the aquatic conservation strategy described in section
102(e); and
(B) generally located along a river, stream, lake, wetland, or other hydrologic feature or unstable or
potentially unstable area for which special standards and guidelines
direct land use.
(16)
Salmon
(A)
In
general
The term salmon means any of the wild
anadromous Oncorhynchus species that occur in the State.
(B)
Inclusions
The
term salmon includes—
(i) chinook salmon
(Oncorhynchus tshawytscha);
(ii) coho salmon
(Oncorhynchus kisutch);
(iii) chum salmon
(Oncorhynchus keta);
(iv) steelhead trout
(Oncorhynchus mykiss); and
(v) coastal cutthroat trout (Oncorhynchus clarkii clarkii).
(17)
Secretary
The
term Secretary means the Secretary of the Interior, acting through
the Bureau of Land Management.
(18)
Site-potential
tree height
The term site-potential tree height
means the average maximum height of the tallest dominant trees that
are 200
years of age for a given site class.
(19)
Stands less than or equal to 80 years of age
The term stands less than or equal to 80 years of age means stands of trees in forestry emphasis areas that are less than or equal to 80 years of age as
generally depicted on the map entitled O&C Land Grant Act of 2013: Forest Stands Less Than or Equal to 80 Years of Age and dated November 18, 2013.
(20)
State
The
term State means the State of Oregon.
(21)
Sustained yield
The term sustained yield
means the timber yield that can be sustained under a specific
management intensity consistent with multiple-use objectives on
forestry emphasis
areas.
(22)
Tree
tipping
The term tree tipping means the intentional
felling and placement of trees in a stream or on the forest floor
during timber
harvest operations.
(23)
Watershed analysis
The term watershed analysis means an analysis of the geomorphic and ecological processes in watersheds to determine the
ecological importance of streams and riparian areas.
(24)
Watershed protection
The term watershed protection means sustaining and enhancing watershed functions that affect the plant, animal, and human
communities within a watershed boundary.
(25)
Watershed restoration
The term watershed restoration means a comprehensive, long-term restoration intended to restore watershed health and an aquatic
ecosystem, including the habitat supporting fish and other aquatic and
riparian-dependent organisms and the ecological processes that create and
maintain habitats.
I
Management
on Oregon and California Railroad and Coos Bay Wagon Road grant
land
101.
Land
management
(a)
In general
Notwithstanding the
Act of June 9, 1916 (39 Stat. 218, chapter 137), and the Act of
February 26,
1919 (40 Stat. 1179, chapter 47), such portions of the revested
Oregon and
California Railroad and reconveyed Coos Bay Wagon Road grant land
as are under
the jurisdiction of the Department and are classified as timberland
or
power-site land valuable for timber shall be managed in accordance
with this
Act.
(b)
Effect
Except as specifically provided in this Act, nothing in this Act modifies any designation or
conveyance of any portion of the covered area as in effect on the day
before the date of enactment of the Oregon and California Land Grant Act of 2013.
102.
Allocation and
management of covered land
(a)
In
general
As designated on the
map entitled O&C Land Grant Act of 2013: Forestry Emphasis Areas and Conservation Emphasis Areas and dated November 18, 2013, covered land shall be allocated into—
(1) forestry emphasis areas; and
(2) conservation emphasis areas.
(b)
Management
Covered land shall be managed in a manner
that is consistent with this Act and under management
strategies that—
(1) consider human and economic dimensions of
the management of covered land;
(2) protect the long-term health of forests,
wildlife, and waterways;
(3) are scientifically sound, ecologically
credible, and legally responsible;
(4) produce a predictable and sustainable level
of timber sales and nontimber resources that do not significantly
degrade the environment;
and
(5) emphasize collaboration among the Federal
agencies responsible for management of covered land.
(c)
Forestry emphasis
areas
(1)
In
general
Forestry emphasis areas shall be managed for permanent
forest production.
(2)
Timber
Timber
from forestry emphasis areas shall be sold, cut, and removed in
conformity with
the principle of sustained yield and ecological forestry for the
purposes of—
(A) providing a
permanent source of timber supply;
(B) protecting
watersheds;
(C) regulating stream
flow;
(D) contributing to
the economic stability of local communities and industries; and
(E) providing
recreational facilities and opportunities.
(d)
Old growth
trees
(1)
In
general
Except as provided in paragraph (3), the Secretary shall
prohibit the cutting or removal of any old growth in a covered
area.
(2)
Legacy old growth protection network
(A)
In general
The stands depicted on the map entitled O&C Land Grant Act of 2013: Legacy Old Growth Protection Network and dated November 18, 2013, shall be designated as the Legacy Old Growth Protection Network to
provide for the protection, preservation, and enhancement of ecological,
scenic, cultural, watershed, and fish and wildlife values.
(B)
Management
The Secretary shall—
(i) prohibit harvest of trees within the areas designated under subparagraph (A); and
(ii) only allow uses that are consistent with the purposes described in subparagraph (A).
(3)
Exceptions
(A)
In
general
Paragraph (1) shall not apply if the Secretary determines
that there is no reasonable alternative to the cutting or removal
of an old
growth tree for a purpose described in this paragraph.
(B)
Administrative
purposes
An old growth tree may be cut or removed for
administrative purposes to carry out a construction or maintenance
project if
the project would cost more than an additional $3,000 to complete
to meet the
objectives of the project if the old growth tree is not removed.
(C)
Public safety
purposes
An old growth tree may be cut or removed for public
safety purposes if—
(i) a
federally employed forester or certified arborist determines the
old growth
tree is likely to fall within 1 year; and
(ii) the fall of the
old growth tree could—
(I) injure a member
of the public or an employee of the Department that regularly is in
the
vicinity of the old growth tree; or
(II) cause property
damage in excess of $3,000.
(D)
Scientific
purposes
An old growth tree may be cut or removed for scientific
purposes as part of a research project if the Director of the
National Applied
Resource Sciences Center—
(i) approves the
research project; and
(ii) determines there
is an advantageous reason to cut an old growth tree on land on
which the
research project will be carried out rather than on other land
managed by the
Secretary.
(E)
Special use
purposes
(i)
In
general
An old growth tree may be cut or removed for special use
purposes that are limited to—
(I) a utility
right-of-way, if there is no reasonable alternative; or
(II) a cultural use
by a federally recognized Indian tribe.
(ii)
Informal
rulemaking
Before allowing a special use under this subparagraph,
the Secretary shall conduct an informal rulemaking with a 90-day
public comment
period.
(F)
Administration
In
carrying out this paragraph, the Secretary shall—
(i) provide public notice of the location of the trees;
(ii) certify the
reasons for allowing the cutting or removal of old growth trees
under this
paragraph; and
(iii) seek public
comment on the cutting or removal for at least 7 days if more than
5 trees will
be cut or removed within a 30-day period in the same 5-level
hydrologic unit code watershed.
(G)
Commercial
sale
Any tree cut or removed under this paragraph may not be sold
commercially.
(4)
Old growth identification
Not later than 1 year after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall develop protocols for identifying trees greater than 150 years of age at
breast height.
(e)
Water quality protection
(1)
In general
The primary focus of aquatic and riparian protection in the covered area shall be to protect,
maintain, and restore natural ecological functions and processes
beneficial to water quality and quantity, including temperature and
turbidity, native fish and wildlife, and watershed resilience, including
the continued provision of ecosystem services.
(2)
Aquatic conservation strategy
(A)
In general
The Secretary shall carry out an aquatic conservation strategy to promote the objectives described
in paragraph (1) and the resiliency of the aquatic ecosystems consistent
with the goals of the aquatic conservation strategy.
(B)
Goals
The goals of the aquatic conservation strategy shall be—
(i) to protect, maintain, and restore aquatic ecosystems and the associated ecological processes for
fish, other aquatic organisms, riparian-dependent species, and human needs
across a region;
(ii) to manage aquatic ecosystems in a manner that recognizes that fish and other aquatic organisms
evolved within a dynamic environment that is constantly influenced and
changed by geomorphic and ecological disturbances;
(iii) to protect important drinking water source areas and maintain and restore water quality necessary
to support healthy riparian, aquatic, and wetland ecosystems; and
(iv) to protect, maintain, and restore in-stream flows sufficient to create and sustain riparian,
aquatic, and wetland habitats and to retain patterns of sediment,
nutrient, and wood routing.
(3)
Program components
The aquatic conservation strategy shall incorporate the key components of the aquatic conservation
strategy described in paragraph (2), which shall operate to maintain and
restore the productivity and resiliency of riparian and aquatic
ecosystems, including—
(A) riparian reserves;
(B) watershed analysis;
(C) key watersheds; and
(D) watershed restoration.
(4)
Riparian reserves
(A)
In general
Riparian reserves shall be established in the covered area to protect, maintain, and restore
ecosystem health at watershed and landscape scales and to promote the
objectives described in paragraph (1), consistent with section 103(f) for
the forestry emphasis areas and section 105(c) for the conservation
emphasis areas.
(B)
Riparian reserve management
(i)
In general
Management and restoration activities in riparian reserves shall only be undertaken to protect,
maintain, or restore aquatic resources as provided in this subsection.
(ii)
Timber harvest
Except as provided in section 103(f), timber harvest in riparian reserves shall only occur in
stands less than or equal to 80 years of age.
(5)
Standards for key watersheds
(A)
In general
Key watersheds, drinking water emphasis areas, and drinking water special management units
established under sections 108, 109, 110, and 111 shall have the highest
priority for watershed restoration and protection in the covered area.
(B)
Watershed analyses
Watershed analysis shall be required before timber harvests occur in key watersheds, other than
minor activities that are categorically excluded under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(C)
Cooperation on private land
The Secretary is encouraged to work with adjacent private landowners who have agreed to cooperate
with Secretary to further the purposes of this section.
(6)
Roads restrictions
(A)
No net increase in roads
The total quantity of system and nonsystem roads on covered land shall be less than or equal to the
total quantity of system and nonsystem roads on covered land as of the
date of enactment of the Oregon and California Land Grant Act of 2013.
(B)
Temporary roads
Not later than the earlier of the date that is 1 year after the vegetation management project is
completed or the date that is 2 years after the activities for which a
temporary road was constructed are completed, temporary roads that are
constructed on covered land, if necessary, shall be made benign by—
(i) closing the temporary roads; and
(ii)
(I) decommissioning the temporary roads; or
(II) placing the temporary roads into short-term storage.
(C)
Reduction in roads
To the maximum extent practicable and subject to the availability of appropriations, the Secretary
shall reduce the total quantity of road miles for system and nonsystem
roads, with priority for road reductions given to key watersheds.
(D)
Limitations on new roads
The Secretary shall prohibit the construction of any new permanent system road in any portion of
the covered land within the key watersheds and drinking water protection
areas of the covered land unless the construction contributes to achieving
the goals of the aquatic conservation strategy.
(E)
No new roads in roadless areas
The Secretary shall prohibit the construction of any new road in any inventoried roadless area on
covered land in key watersheds, drinking water emphasis areas, and
conservation emphasis areas.
(F)
Watershed analysis
In carrying out a watershed analysis under this Act, the Secretary shall identify roads that the
Secretary determines could be closed or decommissioned.
(7)
Woody debris augmentation
(A)
In general
During periods of timber harvesting, the Secretary shall carry out tree tipping activities on
riparian reserves on covered land, as the Secretary determines necessary,
to improve timber delivery to streams.
(B)
Fish habitat
The Secretary shall annually use approximately $1,000,000 of amounts made available under this Act
to transport and place large trees in streams on Federal, State, or
private land to improve the quality of fish habitat, as the Secretary
determines necessary.
103.
Management of
forestry emphasis areas
(a)
Management actions
(1)
In general
Silvicultural activities shall be conducted in a forestry emphasis area, and the forestry emphasis
area shall be managed, in accordance with this section.
(2)
Management actions
Management actions shall be considered in the environmental impact statement required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
section 104(a).
(b)
Determination
of moist forests and dry forests
(1)
In general
During the 10-year period beginning on the date of enactment of
the Oregon and California Land Grant Act of
2013, the moist and dry forests shall be determined as depicted on the map entitled O&C Land Grant Act of 2013: Moist Forests and Dry Forests, and dated November 18, 2013, except that plant associations and plant association groups may be
used to adjust the dry and moist forest assignments in specific locations
based on an on-the-ground field examination by the Secretary.
(2)
Redesignation
Not later than 10 years after the date of enactment of the Oregon and California Land Grant Act of 2013 and every 10 years thereafter, the Secretary shall reevaluate the initial assignments of land
areas in moist forest and dry forest categories in forestry emphasis areas
under paragraph (1) based on—
(A) plant association
groups; and
(B) the criteria
described in this subsection.
(3)
Moist
forests
For purposes of this subsection, moist forests
generally—
(A) experience infrequent wildfires at intervals of 1 to several centuries, including
extensive areas in which fire severity results in stand-replacement
conditions;
and
(B) include the following plant association groups:
(i) the Western
Hemlock (Tsuga heterophylla) series;
(ii) the Sitka Spruce
(Picea sitchensis) series;
(iii) the Western
Redcedar (Thuja plicata) series;
(iv) the Pacific
Silver Fir (Abies amabilis) series;
(v) the Mountain
Hemlock (Tsuga mertensiana) series;
(vi) the Subalpine
Fir-Engelmann Spruce (Abies lasiocarpa-Picea engelmannii) series;
(vii) the Tanoak
(Lithocarpus densiflorus) series;
(viii) the Moist
Grand Fir (Abies grandis) plant association group; and
(ix) the Moist White
Fir (Abies concolor) plant association group.
(4)
Dry
forests
For purposes of this subsection, dry forests
generally—
(A) experience
relatively frequent and predominantly low- and mixed-severity
fires; and
(B) include the following plant association groups:
(i) the Moist Grand
Fir (Abies grandis) plant association group;
(ii) the Moist White
Fir (Abies concolor) plant association group;
(iii) the Ponderosa
Pine (Pinus ponderosa) series;
(iv) the Oregon White
Oak (Quercus garryana) series;
(v) the Douglas-fir
(Pseudotsuga menziesii) series;
(vi) the Jeffrey Pine
(Pinus jeffreyi) series;
(vii) the Dry Grand
Fir (Abies grandis) plant association group; and
(viii) the Dry White
Fir (Abies concolor) plant association group.
(5)
Mixed forests
(A)
In general
For purposes of this Act, a site characterized as a Moist Grand Fir or a Moist White Fir plant
association group may be considered moist forest or dry forest based on
the condition of the land, landscape context, and management goals.
(B)
Mixed forests
On a site at which dry and moist forests combine and are not readily separated, management shall be
based on the dominant type in terms of area.
(6)
Administration
In
carrying out this subsection, the Secretary shall—
(A) provide the
public a period of not less than 60 days to comment on the
redesignation of
moist forests and dry forests; and
(B) redesignate moist
forests and dry forests once every 10 years.
(c)
Vegetation
treatments
(1)
In
general
Vegetation treatments shall be developed consistent with this subsection.
(2)
No significant negative effects
A vegetation treatment under this section shall be—
(A) considered in the environmental impact statement required under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and section 104(a); and
(B) designed to produce no significant negative effects on—
(i) cultural sites of
federally recognized Indian tribes;
(ii) inventoried
roadless areas;
(iii) the existing integrity of archeological
sites;
(iv) highly erodible
land;
(v) wetland under the
jurisdiction of the Corps of Engineers or delineated by the
Natural Resources Conservation
Service; and
(vi) species listed
as endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.), unless incidental take statements have been issued for
the listed species.
(3)
Attaining no significant negative
effects
A proposed silvicultural treatment on land described in
clauses (i) through (v) of paragraph (2)(B) shall seek to produce
no significant negative impact primarily by—
(A) not
harvesting trees, or operating heavy equipment, on the sites; or
(B) mitigating the impact of the treatment through actions such as the capping of archeological sites
with wood chips, except that relying on mitigation measures to achieve no
significant negative impact may only be used infrequently for timber
sales.
(4)
Northern
spotted owls
A vegetation treatment analyzed as part of the environmental impact statement or similar analysis
required under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and section 104(a) for land identified by the Secretary as
part of northern spotted owl recovery plan Action 10 or 32 can only
occur if the Secretary, acting through the United States Fish and Wildlife
Service, releases an opinion that the proposed vegetative treatment is—
(A) compatible with requirements under the
Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.) for the northern spotted owl, considered over the long-term; or
(B) necessary to
address a severe threat of disease, insects, or fire.
(5)
Water quality
(A)
In general
In addition to standards under any applicable environmental law, a vegetation treatment for a
timber sale under this section shall be designed so that the sale does not
result in measurable, significant negative impacts on water quality.
(B)
Determination points
For the purposes of assessing potential negative impacts on water quality under this section from
vegetation treatments, the Secretary shall only consider water quality—
(i) at the time of the determination to determine the present condition; and
(ii) at a time that is 5 years after the date of the initial determination and that is at least 2 years
after the date of the timber sale.
(6)
Nest
trees
(A)
In
general
No nest tree shall be cut in a forestry emphasis area
unless the nest tree poses a repeated, imminent threat to the
safety of the
public or employees of the Department.
(B)
Surveys
(i)
In
general
Not earlier than 180 days before the date the Secretary
plans to offer a timber sale in a forestry emphasis area, the
Secretary shall survey the
timber sale area to locate potential nest trees that the Secretary
has not
located.
(ii)
Duration
The
duration of the survey shall be such that the Secretary shall have
an employee
survey for nest trees at a rate of 1 day for each 100 acres of the
timber
sale.
(C)
Information
from public
During the 14-day period beginning on the date a
consistency document required under section 104(d) is completed
for a project, the Secretary shall accept
information from the public concerning the location of nest trees.
(D)
Protections
The
Secretary shall ensure that the protections required under this Act
are provided
for verified nest trees.
(7)
Marbled
murrelet habitat
Consistent with the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.), if the harvest of timber within a limited area of marbled murrelet
habitat would provide benefits to a forest ecosystem (including the
increased diversity of stand structure, composition, and age and reducing
the scarcity of early successional habitat), the harvest may occur if the
Secretary confers with the Director of the United States Fish and Wildlife
Service in selecting areas within marbled murrelet habitat in which timber
harvests may occur.
(8)
Sustained
yield
(A)
In
general
The Secretary shall, to the maximum extent practicable, provide a sustained yield of timber
harvest, averaged over a 10-year period, from the forestry emphasis area,
that is calculated assuming an ecological forestry approach, unless the
action will have severe adverse environmental, economic, or social
consequences.
(B)
Sustained yield calculation
The Secretary shall calculate the sustained yield for a 50-year period as part of the
environmental impact statement required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 104(a).
(C)
Reserved
areas
In calculating the sustained yield from a forestry emphasis area, the Secretary shall not include
the volume of timber that could
be offered from reserved areas, such as conservation emphasis
areas.
(d)
Management of
moist forests
(1)
In
general
Forestry emphasis areas that are designated as moist
forests under this section shall be managed in accordance with the
principles
of ecological forestry (including principles relating to variable
retention
regeneration harvests) described in paragraph (2).
(2)
Ecological
forestry principles for moist forests
The ecological forestry
principles referred to in paragraph (1) include—
(A) the retention of
old growth;
(B) the seeking of opportunities to retain older trees if practicable;
(C) the acceleration of the development of structural complexity, including spatial heterogeneity, in
younger stands, through the use of diverse silvicultural approaches, such
as variable density and clump-based prescriptions;
(D) the implementation of variable retention regeneration harvesting activities that retain
approximately 1/3 of the live basal area of the forest within the harvest area, primarily in aggregates, including
riparian and other reserves and dispersed individual and small clusters of
conifers and hardwoods within the harvest area unit, a portion of which
may be used for snag creation, except that old growth stands shall not
be considered as part of the 1/3 basal area retention;
(E) the development and maintenance of early seral ecosystems with diverse species following harvesting
activities through the use of less intense approaches to site preparation
and tree regeneration and nurturing of diverse early seral ecosystems;
(F) the use of rotations of sufficient length to allow stands to redevelop with levels of structural
complexity and biodiversity characteristics of late-successional stands,
but when the stands reach the rotation age of the stands, the stands will
be regenerated through variable-retention harvesting; and
(G) the establishment of a silvicultural system that includes the development and management of
multiaged, mixed-species stands on harvest rotation periods of 80 to 120
years.
(3)
Variable
retention regeneration
(A)
In
general
The Secretary shall designate not less than 8 percent and not more than 12 percent of the moist
forests described in paragraph (1) as land on which the Secretary shall
carry out variable retention regeneration harvesting activities,
consistent with this section, during each 10-year period in a manner
consistent with the environmental impact statement required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
section 104(a).
(B)
Applicability
The
moist forests designated as variable retention regeneration harvest
land under
subparagraph (A) shall not be limited to stands that have generally
reached the culmination
of mean annual increment.
(4)
Thinning
(A)
In general
The Secretary shall carry out thinning activities in the moist forests described in paragraph (1)
to promote tree growth and ecological health and variability.
(B)
Goals
The goal of thinning activities under this paragraph shall be to establish spatially variable stand
densities and complex canopies using thinning regimes that enhance the
structural and compositional diversity of the stand and individual tree
development.
(C)
Limitations
(i)
In
general
In carrying out thinning activities under this paragraph,
the Secretary shall not reduce the total basal area of the stand
(as determined
on the date on which the thinning activities commence) by more than
50
percent.
(ii)
Old growth
trees
The Secretary shall exclude old growth trees from thinning
activities under this paragraph.
(e)
Management of
dry forests
(1)
In
general
Forestry emphasis areas that are designated as dry forests
under this section shall be managed in accordance with
ecological forestry principles described in paragraph (2) and, as
determined
necessary by the Secretary, with fire resiliency needs, consistent
with this subsection.
(2)
Ecological
forestry principles in dry forests
The ecological forestry
principles referred to in paragraph (1) include—
(A) the retention and
improvement of the survivability of old growth trees through the
reduction of
adjacent fuels and competing vegetation to promote resilience
against mortality
from insects, disease, and fire;
(B) the retention and
protection of important structures such as large hardwoods, snags,
and
logs;
(C) the reduction of
overall stand densities through partial cutting in an effort to—
(i) reduce basal
areas to desired levels, particularly in overstocked stands;
(ii) increase the
mean stand diameter;
(iii) shift the
composition of stands to fire- and drought-tolerant species; and
(iv) retain older
trees for replacement purposes;
(D) the restoration of spatial heterogeneity through the variation of the treatment of stands, such as
by leaving untreated patches, creating openings of not more than 2.5
acres, and establishing tree clumps and isolated single trees;
(E) the establishment of new tree cohorts of shade-intolerant species in created openings, generally
varying in size between 0.2 and 2.5 acres;
(F) the harvesting of timber during the restoration process;
(G) the maintenance of sustainable and fire-resilient conditions in perpetuity through active
management of the dry forests in accordance with this subsection,
including the treatment of activity fuels and the restoration of historic
levels of surface fuels and understory vegetation using prescribed fire
and mechanical activities;
(H) the planning and implementation of activities at the landscape level to maintain not less than 1/3 of the dry forests as denser landscape-scale patches to provide greater forest density for
endangered and threatened species and their prey; and
(I) the retention of a basal area after a partial cut that is not less than 35 percent of the initial
basal area of the sale area.
(3)
Fire
resiliency
(A)
Vegetation
treatment near residences
(i)
In
general
For a forestry emphasis area that is designated as a dry
forest under this section and located within .25 miles of a
residence, the
primary purpose of any vegetation treatment carried out by the
Secretary on
that land shall be to manage fuel loadings to reduce the risk to
the residence
posed by wildfire.
(ii)
Administration
(I)
In
general
In carrying out vegetation treatment activities on land
described in clause (i), the Secretary shall—
(aa) cut and remove
trees and brush to eliminate the vertical continuity of vegetative
fuels and
the horizontal continuity of tree crowns for the purpose of
reducing flammable
materials and maintaining a shaded fuelbreak to reduce fire spread,
duration,
and intensity; and
(bb) treat surface fuels (including activity fuels, low brush, and deadwood) on that land that could
promote the spread of wildfire in a manner designed to achieve an average
of a 4-foot maximum flame length under average severe fire weather
conditions.
(II)
Timber
sales
If a timber sale is planned within 1/2 mile of a residence, the Secretary is encouraged to carry out vegetation treatment activities on
that Federal land at the same time as the timber sale.
(III)
County
actions
A county may carry out a fuel reduction project on the
land described in clause (i) in a manner consistent with subclause
(I) if—
(aa) the county notifies the
Secretary of the intent of the county to carry out the project,
including a
description of the project and duration of the project;
(bb) the Secretary determines the project is consistent with this Act and is in the best interest of the
public; and
(cc) the county carries out the
project using county funds, which may include amounts made
available to the
county under this Act.
(iii)
Prioritization
In
prioritizing fire resiliency projects under this subparagraph,
the Secretary
or the county may use project recommendations received from a
resource advisory council or
described in a community wildfire protection plan.
(B)
Private
landowner actions on Federal land
(i)
In
general
A person may enter and treat any forestry emphasis area
that is designated as a dry forest under this section that is
located within
100 feet of the residence of that person without a permit from the
Secretary
if—
(I) the treatment is
carried out at the expense of the person;
(II) the person
notifies the Secretary of the intent to treat that land; and
(III) the person
carries out the treatment activities in accordance with clause
(iii).
(ii)
Notice
(I)
In general
Not
less than 30 days before beginning to treat land described in
clause (i), the
person shall notify the Secretary of the intention of that person
to treat that
land.
(II)
Commencement
Not less than 15 days before the date of the commencement of treatment actions, the person shall
notify the Secretary before beginning the treatment.
(iii)
Applicability
A
person treating land described in clause (i) shall carry out the
treatment as
follows:
(I) No dead tree, nest tree, old
growth, or tree greater than 24 inches in diameter shall be cut.
(II) Any residual
trees shall be pruned—
(aa) to
a height of the lesser of 10 feet or 50 percent of the crown height
of the
tree; and
(bb) such that all
parts of the tree are at not less than 10 feet away from the
residence.
(III) Vegetation
shall be cut such that—
(aa) less flammable
species are favored for retention; and
(bb) the adequate
height and spacing between bushes and trees are maintained.
(IV) No herbicide or
insecticide application shall be used.
(V) All slash created
from treatment activities under this subparagraph shall be removed
or treated
not later than 60 days after the date on which the slash is
created.
(f)
Water protection in forestry emphasis areas
(1)
Riparian reserve and buffer
system
(A)
In
general
In carrying out the aquatic conservation strategy in forestry emphasis areas, the
Secretary shall establish riparian reserves that—
(i) in the case of land located along a fish-bearing stream, are 1 site-potential tree height or 150
feet slope distance, whichever is greater;
(ii) in the case of land located along a permanently flowing nonfish-bearing stream, are 1/2 of a site-potential tree height or 75 feet slope distance, whichever is greater;
(iii) in the case of land located along a seasonally flowing or intermittent stream, are whichever is
greater among—
(I) the stream channel to the top of the inner gorge and out to the edge of the riparian vegetation;
(II) a distance of 1/2 of a site-potential tree height; or
(III) 75-feet slope distance;
(iv) in the case of a wetland greater than 1 acre, a lake, or a natural pond, are whichever is greater
among—
(I) the body of water and land located along the wetland, lake, or pond to the outer edges of riparian
vegetation;
(II) a distance of 2 site-potential tree height; or
(III) 300-feet slope distance;
(v) in the case of a constructed pond or a reservoir, are the area from the maximum pool elevation to a
distance equal to the height of 1 site-potential tree or 150-feet slope
distance, whichever is greater; and
(vi) in the case of a wetland that is less than 1 acre or an unstable or potentially unstable area, are
whichever is greater among—
(I) the extent of the unstable and potentially unstable area or the wetland less than 1 acre, as
applicable, to the outer edges of the riparian vegetation;
(II) a distance of 1 site-potential tree height; or
(III) 150-feet slope distance.
(B)
Nonfish-bearing
streams
(i)
In
general
For a nonfish-bearing stream, the Secretary shall establish a buffer of an additional 1/2 of a site-potential tree height or 75 feet slope distance, whichever is greater, which buffer
shall be available for timber management using ecological forestry
principles while maintaining wood delivery to streams.
(ii)
Restrictions
(I)
In
general
A timber harvest on the buffer land described in
clause (i) shall be—
(aa) conducted in accordance with the principles of ecological forestry; and
(bb) be limited to stands less than or equal to 80 years of age.
(II)
Special rule
for dry forests
(aa)
In
general
Subject to item (bb), in dry forests, timber harvest may occur in a stand that
exceeds 80 years of age if the harvest is
carried out for a compelling ecological reason, such as to protect
the stand
from insect outbreak or destructive wildfire.
(bb)
Old growth
trees
An old growth tree shall not be included in a timber
harvest under item (aa).
(2)
Watershed
analysis
(A)
In
general
Not later than 90 days after the date of enactment of
the Oregon and California Land Grant Act of
2013, a scientific committee established by the Secretary shall develop criteria to be used in
carrying out a watershed analysis for forestry emphasis areas.
(B)
Scientific committee
(i)
In general
The committee established under subparagraph (A) shall be comprised of 5 individuals who—
(I) are not full-time employees of the Bureau of Land Management; and
(II) have expertise relating to aquatic and riparian ecosystems.
(ii)
Administration
The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the committee established under this paragraph.
(C)
Criteria
The criteria developed under subparagraph (A) shall include at a minimum—
(i) the importance of the streams to salmon populations;
(ii) the impacts of thermal loading;
(iii) water quality; and
(iv) the potential for the delivery or deposition of sediment and wood from upslope sources.
(D)
Development of watershed analysis
(i)
In general
The Secretary shall use the criteria established by the scientific committee to determine the
ecological importance of fish-bearing streams and nonfish-bearing streams.
(ii)
Public information
The Secretary shall make the determinations described in clause (i) available to the public at the
time the Secretary submits the report to the scientific committee.
(E)
Review of scientific committee
(i)
In general
Not later than 210 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall submit to the scientific committee established under subparagraph (B) a
watershed analysis that includes the fish-bearing streams and
nonfish-bearing streams in key watersheds categorized by ecological
importance.
(ii)
Comments by scientific committee
Not later than 240 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the scientific committee shall submit comments to the Secretary on the determinations made by
the Secretary of the ecological importance of the streams within the
covered area.
(iii)
Criteria
The scientific committee shall use only the criteria established under subparagraph (C) to evaluate
the determinations made by the Secretary.
(iv)
Public availability
On receipt by the Secretary, the comments submitted by the scientific committee shall be made
publically available.
(F)
Inclusion in the draft environmental impact statement
(i)
In general
The Secretary shall—
(I) revise the watershed analysis, as the Secretary considers necessary; and
(II) consider the comments submitted by the scientific committee.
(ii)
Revised watershed analysis
The revised watershed analysis shall be used in preparing and included in whole in each draft
environmental impact statement developed under section 104(a)(1).
(G)
Other applicability
The results of the watershed analysis shall be available for use in conservation efforts on other
Federal land and on non-Federal land.
(3)
Revision of
riparian buffer system
(A)
In
general
In accordance with the watershed analysis, the Secretary shall revise the riparian reserves on the
forestry emphasis areas.
(B)
Use
The revisions shall be reflected in—
(i) the initial environmental impact statements prepared under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and section 104(a); and
(ii) each subsequent 10-year environmental impact statement.
(C)
Revisions
The Secretary shall revise the riparian buffer system as follows:
(i) For a riparian reserve located along a fish-bearing stream, lake, or wetland, that the Secretary
determines, based on the watershed analysis, to be of minimal ecological
importance, the size of the riparian reserve shall be 100 feet slope
distance.
(ii) For a riparian reserve located along a nonfish-bearing stream, lake, or wetland that the Secretary
determines, based on the watershed analysis, to be of minimal ecological
importance, the size of the riparian reserve shall be 50 feet slope
distance.
(iii) For a riparian reserve located along a fish-bearing or nonfish-bearing stream, lake, or wetland
that the Secretary determines, based on the watershed analysis, to be of
significant ecological importance, the size of the riparian reserve shall
be 1 site-potential tree height or 150 feet slope distance, whichever is
greater.
(iv) The total amount of riparian reserves within each
5th-level hydrologic
unit code watershed in the forestry emphasis areas shall equal at least 75
percent and not more than 125 percent of the previous riparian reserves
established under paragraph (1).
(D)
Riparian buffers for management
(i)
In general
The Secretary shall establish buffers for the riparian reserves described in clauses (i) and (ii)
of subparagraph (C) that extend out to 1-site potential tree.
(ii)
Management
The buffers shall be managed in the same manner as the buffers described in paragraph (1)(B).
(E)
Management
The Secretary shall manage the revised riparian reserve areas described in subparagraph (D) in
accordance with the following standards:
(i) Timber harvest within riparian reserves shall be restricted to thinning stands less than or equal
to 80 years of age to achieve the goals of the aquatic conservation
strategy.
(ii) Timber harvest, roads, grazing, mining, recreation, and all other activities shall be compatible
with achievement of the goals of the aquatic conservation strategy in
order to occur.
(iii) Riparian-dependent and stream resources shall receive primary emphasis in riparian reserve
landscapes.
(4)
Exception
Forestry emphasis areas designated as Drinking Water Emphasis Area and depicted as such on the maps entitled O&C Land Grant Act of 2013: McKenzie Drinking Water Area, O&C Land Grant Act of 2013: Hillsboro Drinking Water Area, O&C Land Grant Act of 2013: Clackamas Drinking Water Area, and O&C Land Grant Act of 2013: Springfield Drinking Water Area and dated November 18, 2013, and riparian areas within key watersheds shall not be subject to this
subsection but shall instead be subject to section 105(c).
(g)
Prioritization
(1)
Selection of
areas to treat in the first 10 years
(A)
In
general
Not later than 150 days after the date of enactment of
the Oregon and California Land Grant Act of 2013, the Secretary shall select locations in forestry emphasis
areas in which the Secretary intends to harvest timber during—
(i) the 10-year period covered by the environmental impact statement prepared under the requirements
of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
and 104(a); and
(ii) each subsequent 10-year period covered by an environmental impact statement.
(B)
Prioritization plan for forestry emphasis areas
The areas selected under subparagraph (A) shall reflect a prioritization plan and harvest levels,
including the sustained yield, identified in the environmental impact
statement prepared under the requirements of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 104(a).
(C)
Public comment
The Secretary shall seek public comments for 45 days on the selection of the areas under
subparagraph (A).
(D)
Inclusion in the draft environmental impact statement
(i)
In general
The Secretary shall revise the prioritization plan for forestry emphasis areas, as the Secretary
considers necessary, based on the public comments received.
(ii)
Revised prioritization plan
The revised prioritization plan for forestry emphasis areas shall be used in preparing and included
in whole in each draft environmental impact statement developed under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
section 104(a).
(2)
Landscape plans
(A)
In
general
The Secretary shall develop plans for the moist forest portions of the forestry emphasis area and
dry forest
portions of the covered area.
(B)
Moist forest landscape plan
The plans described in subparagraph (A) shall include—
(i) landscape level plans showing the areas of the moist forest landscapes that will result in
distribution of variable retention regeneration harvests to ensure desired
placement and the appropriate scale of implementation; and
(ii) areas that will, in the case of a moist forest site, accelerate development of complex forest
structure, including opportunities to create spatial heterogeneity (such
as creating skips and gaps), in a young stand that has a canopy that has—
(I) closed; and
(II) been simplified through past management.
(C)
Dry forest landscape plan
(i)
In general
The
dry forest plans described in subparagraph (A) shall include—
(I) a
landscape level plan showing the areas of any dry forest landscape
that will be
left in a denser condition for the first 30 years after the date of
enactment of the Oregon and California Land Grant Act of 2013;
(II) the areas of any
dry forest that may be considered for thinning or restoration
treatments
beginning on the date that is 30 years after the date of enactment
of the Oregon and California Land Grant Act of 2013; and
(III) areas that will, in the case of a dry forest site—
(aa) minimize and
reduce the risk of unnaturally severe fire and insect outbreaks,
particularly
if critical components and values are at risk, including— (AA) communities in
the wildland-urban interface (as defined in section 101 of the
Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6511)); and (BB) valuable forest
structures, such as old growth and oak savannas that are in need of
restoration or are in
danger from potential fire risk; or
(bb) restore
historical structure and composition and improve fire resiliency.
(ii)
Reevaluation
The areas described in clause (i)(I) shall be reevaluated in the subsequent comprehensive
environmental impact statements required under section 104(a).
(D)
Collaboration
in developing plans
The Secretary shall develop the plans described
in subparagraph (A) in coordination with the Director of the United
States Fish
and Wildlife Service to ensure the plans comply with the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
(E)
Draft plans
available for public comment
Not later than 150 days after the
date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall make a draft of
the plans described in subparagraph (A) available for public
comment for 45 days.
(F)
Inclusion in the draft environmental impact statement
(i)
In general
The Secretary shall revise landscape plans, as the Secretary considers necessary, based on the
public comments received.
(ii)
Revised landscape plans
The revised landscape plans shall be used in preparing and included in whole in the draft
environmental impact statement developed under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 104(a).
104.
Streamlined
procedures
(a)
Comprehensive
environmental impact statement
(1)
In general
Not later than 18 months after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall complete—
(A) a large-scale comprehensive environmental impact statement in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the moist
forest in the forestry emphasis area; and
(B) a large-scale comprehensive environmental impact statement in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the dry
forest in the forestry emphasis area.
(2)
Period
The environmental impact statements required under paragraph (1) shall cover the 10-year period
beginning on the date on which the record of decision for the
environmental impact statement is issued.
(3)
Individual projects
The final comprehensive environmental impact statement shall be used for individual projects during
the 10-year period described in paragraph (2).
(4)
Additional analysis
No additional analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
shall be required for individual projects under this Act unless explicitly
required by this Act or there exists clear and convincing evidence
regarding significant adverse environmental impacts of the project that
were not considered in the comprehensive environmental impact statements.
(5)
Effective date
of each environmental impact statement
After the initial
comprehensive environmental impact statement developed under
paragraph (1), each subsequent
comprehensive environmental impact statement shall be prepared and
be in effect for the 10-period beginning
on the date on which the previous environmental impact statement
expires.
(b)
Criteria and
parameters of the environmental impact statement
(1)
In
general
Each environmental impact statement developed under
subsection (a) shall analyze 3 alternatives, including—
(A) 1 no-action
alternative; and
(B) 2 other
alternatives that are consistent the management prescriptions and
this Act for the forest
type.
(2)
Limitations
(A)
In general
The analysis of effects of each environmental impact statement described in subsection (a)(1) shall
be limited to the effects of the actions authorized under section 103 that
are consistent with the forest type.
(B)
Analysis
(i)
In general
The information contained within the timber prioritization plan, watershed analysis, dry forest
landscape plan, and moist forest landscape plan shall—
(I) be used to develop an environmental impact statement described in subsection (a)(1); but
(II) not be separately analyzed in an environmental impact statement described in subsection (a)(1).
(ii)
Additional analysis
Notwithstanding the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), no analysis that is in addition to the environmental impact statement
described in subsection (a)(1) shall be required under that Act for the
timber prioritization plan, watershed analysis, dry forest landscape plan,
and moist forest landscape plan.
(3)
Area included in environmental impact statement
(A)
In general
Each environmental impact statement shall cover the area required to be treated in section 103(d)
for moist forests and section 103(e) for dry forests.
(B)
Distribution
The requirement under subparagraph (A) shall be—
(i) distributed in a manner that is approximately equal over the 10-year period; and
(ii) divided among the Bureau of Land Management districts in a manner that—
(I) is approximately proportional to the yield that can be produced by those forests; and
(II) ensures that each Bureau of Land Management district has adequate harvest and revenue to share with
affected counties.
(4)
Specific environmental impacts
Each environmental impact statement shall include, in addition to other necessary analysis, the
impacts to—
(A) wetlands;
(B) municipal watersheds;
(C) inventoried roadless areas;
(D) Indian cultural sites;
(E) archeological sites; and
(F) nest trees.
(c)
Public notice and comment; challenges
(1)
Definitions
In this subsection:
(A)
Agency action
The term agency action has the meaning given the term in section 551 of title 5, United States Code.
(B)
Covered agency action
The term covered agency action means an agency action by the Secretary relating to the management of the forestry emphasis
areas.
(C)
Covered civil action
The term covered civil action means a civil action seeking judicial review of a covered agency action.
(2)
Public notice and comment
(A)
Notice of intent
(i)
Notice of intent
Not later than 7 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall publish in the Federal Register a notice of intent to prepare each of the
following documents:
(I) Comprehensive environmental impact statement for the moist forests.
(II) Comprehensive environmental impact statement for the dry forests.
(III) Prioritization plan for the forestry emphasis area.
(IV) Watershed analysis.
(V) Dry forest landscape plan.
(VI) Moist forest landscape plan.
(ii)
Public comment
During the 45-day period beginning on date on which the notice of intent is published, the
Secretary shall—
(I) provide an opportunity for public comment for the scoping process; and
(II) solicit public comment on topics to be analyzed in the draft environmental impact statement under
subparagraph (B).
(B)
Draft environmental impact statements
(i)
In general
Not later than 1 year after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall issue the first draft environmental impact statements described in subsection
(a)(1).
(ii)
Public comment
During the 60-day period beginning on the date on which the draft environmental impact statements
are issued, the Secretary shall provide an opportunity for public comment
on the draft environmental impact statements.
(iii)
Extensions
The Secretary may not extend the period for public comment.
(iv)
Topics
During the period described in clause (ii), the public shall be able to provide comment on the
prioritization plan, watershed analysis, dry forest landscape plan, and
moist forest landscape plan included in the draft environmental impact
statement.
(C)
Final environmental impact statements
(i)
In general
The Secretary shall issue the record of decision for the final environmental impact statements—
(I) 45 days after the date on which the final environmental impact statements are issued or immediately
after the Secretary responds to an objection filed under clause (ii); and
(II) not later than 18 months after the date of enactment of the Oregon and California Land Grant Act of 2013.
(ii)
Objections
(I)
In general
During the first 30 days of the period established under clause (i)(I), in lieu of any other
appeals that may be available, any person may file an objection to the
final environmental impact statements in accordance with section 105 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515).
(II)
Response
The Secretary shall respond in writing to any objection filed under subclause (I) not later than 30
days after the date on which the objection is filed.
(iii)
Exception
If the Secretary determines than an objection filed under clause (ii) requires a revision of the
final environmental impact statement, the Secretary shall—
(I) issue a revised final environmental impact statement as soon as practicable; and
(II) issue a record of decision not later than 30 days after the date on which the revised final
environmental impact statement is issued.
(3)
Judicial review
(A)
Venue
A covered civil action may only be brought in the United States District Court for the District of
Oregon or the United States District Court for the District of Columbia.
(B)
Objections
No objection to the record of decision shall be considered by the court that has not previously
been raised in writing during the agency administrative process.
(C)
Limitation of actions
A covered civil action shall not be maintained unless commenced not later than 30 days after the
date on which the covered agency action to which the covered civil action
relates is final.
(D)
Expedited proceedings
(i)
Discovery
Discovery shall—
(I) commence immediately after a covered civil action is commenced; and
(II) conclude not later than 180 days after the date on which a covered civil action is commenced.
(ii)
Trial
In any covered civil action, a trial shall commence not later than 180 days after the date on which
the covered civil action is commenced.
(iii)
Expeditious completion of judicial review
Congress encourages a court of competent jurisdiction to expedite, to the maximum extent
practicable, the proceedings in a covered civil action with the goal of
rendering a final determination on the merits of the covered civil action
as soon as practicable after the date on which a complaint or appeal is
filed to initiate the action.
(E)
Applicability of APA
Except as provided in this section, judicial review of a covered agency action shall be conducted
in accordance with chapter 7 of title 5, United States Code.
(F)
Injunctions
(i)
In general
Subject to clause (ii), the length of any preliminary injunction and any stay pending appeal
regarding a covered agency action shall not exceed 60 days.
(ii)
Renewals
(I)
In general
A court of competent jurisdiction may issue 1 or more renewals of any preliminary injunction, or
stay pending appeal, granted under clause (i).
(II)
Updates
For each renewal of an injunction under this clause, the parties to the action shall present the
court with updated information on the status of the covered agency action
that is the basis of the covered civil action.
(iii)
Balancing of short- and long-term effects
As part of the weighing of the equities while considering any request for an injunction that
applies to the covered agency action, the court shall balance the impact
on the ecosystem likely to be affected by the covered agency action of—
(I) the short- and long-term effects of undertaking the covered agency action; and
(II) the short- and long-term effects of not undertaking the covered agency action.
(d)
Consistency Document
(1)
In general
For each project implemented under an environmental impact statement, the decision to proceed with
the project shall be documented in a consistency document, which shall
include, at a minimum—
(A) the record prepared, including the names of interested people groups and agencies contacted;
(B) a determination that no extraordinary circumstances exist; and
(C) a determination that the scope of work of the project is consistent with the original analysis and
assumptions in the record of decision.
(2)
Time before implementing a project
The Secretary shall not implement a project described in paragraph (1) earlier than the date that
is 30 days after the date on which a consistency document is made public.
(3)
Cause of action
(A)
In general
The only cause of action that may be brought challenging a consistency document shall be claims
that the work to be performed under the consistency document is
inconsistent with the record of decision or causes adverse impacts to
species not listed under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) at the time the record of decision was prepared but which
have been listed subsequent to the record of decision.
(B)
Limitation of actions
No cause of action may be maintained under subparagraph (A) unless commenced not later than 30 days
after the date on which the consistency document is issued.
(4)
Projects outside scope
With respect to work in the forestry emphasis areas that falls outside the scope of the
environmental impact statements prepared under this title—
(A) the work shall only be authorized under this title for a project that does not exceed 5,000 acres;
and
(B) environmental analysis documents required under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) shall be completed for that work.
(e)
Coordination with other agencies; consultation
(1)
Multiagency coordination
(A)
Up-front planning and consultation
Not later than 7 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall invite the Director of the United States Fish and Wildlife Service, the
Administrator of the National Oceanic and Atmospheric Administration, the
Administrator of the Environmental Protection Agency, the Governor of
Oregon, the heads or equivalent duly-elected tribal government leaders of
federally-recognized Indian tribes with aboriginal land in the covered
area, and local governments in the covered area to participate in—
(i) the development of any environmental impact statement necessary to carry out this Act; and
(ii) subsequently, the revision of any resource management plan necessary to carry out this Act.
(B)
Assessments under the Endangered Species Act of 1973
(i)
In general
Not later than 90 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the Director the United States Fish and Wildlife Service and the Administrator of the National
Oceanic and Atmospheric Administration shall commence any assessments
required under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
to provide adequate consultation and quantify acceptable take levels for
the planned treatments and projects under the environmental impact
statement.
(ii)
Project-specific concurrence
(I)
In general
The Secretary may seek project-specific concurrence from the Director the United States Fish and
Wildlife Service and the Administrator of the National Oceanic and
Atmospheric Administration.
(II)
Concurrence or objection
For a specific project that requires a consistency document under subsection (d) and would require
documentation relating to the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.) in accordance with subclause (I), not later than 21 days after the date on
which the Secretary seeks project-specific concurrence, the Director the
United States Fish and Wildlife Service or the Administrator of the
National Oceanic and Atmospheric Administration, as applicable, shall—
(aa) submit to the Secretary written concurrence that the project is not likely to adversely affect
listed species or critical habitat, in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.); or
(bb) notify the Secretary that formal consultation will be required.
(C)
Participation by non-federal entities
Non-Federal entities may submit to the Secretary a request to participate in the development of any
environmental impact statement and any resource management plan necessary
under this Act.
(2)
Liaisons
Not later than 45 days after the date of enactment of the Oregon and California Land Grant Act, the
Director the United States Fish and Wildlife Service and the Administrator
of the National Oceanic and Atmospheric Administration shall identify
personnel that will serve as a liaison to the Secretary—
(A) to develop the environmental impact statements and resource management plans necessary under this
Act; and
(B) address any issues at the project level under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(3)
Concurrent review
(A)
In general
Each cooperating agency, the Director of the United States Fish and Wildlife Service, and the
Administrator of the National Oceanic and Atmospheric Administration shall
carry out the obligations of that agency under other applicable law
concurrently and in conjunction with the required environmental review
process for the comprehensive environmental impact statement, unless doing
so would impair the ability of the agency to conduct needed analysis or
otherwise carry out those obligations.
(B)
Consultation and documents required under the Endangered Species Act of 1973
(i)
Informal consultation
Not later than 7 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall commence informal consultation with the Director of the United States
Fish and Wildlife Service and the Administrator of the National Oceanic and
Atmospheric Administration on the implementation of this Act.
(ii)
Formal consultation
Not later than 90 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall commence formal consultation with the Director of the United States
Fish and Wildlife Service and the Administrator of the National Oceanic and
Atmospheric Administration on the development of the draft environmental
impact statement developed under subsection (c), in accordance with
section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536).
(iii)
Draft environmental impact statement
Not later than 1 year after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall submit to the Director of the United States
Fish and Wildlife Service and the Administrator of the National Oceanic and
Atmospheric Administration the draft environmental impact statement
developed under subsection (c), in accordance with section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536).
(iv)
Supporting documents
Not later than 60 days after the date on which a draft environmental impact statement is published,
the cooperating agencies shall submit to the Secretary any documents
required of the cooperating agencies under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
(4)
Escalation of interagency conflicts
(A)
In general
If a disagreement between the liaisons identified in paragraph (2) cannot be resolved within 14
days, the disagreement shall be escalated to the State directors, or if
there are no State directors, the regional directors.
(B)
Further escalation
(i)
In general
If the State directors or regional directors, as applicable, cannot resolve the disagreement within
the period beginning on the date on which the 14-day period described in
subparagraph (A) expires and ending on the date that is 7 days after the
date on which the 14-day period expires, the matter shall be escalated to
the head of the applicable Federal agency.
(ii)
Final resolution
The head of the applicable Federal agency shall resolve the disagreement not later than 7 days
after the date on which the disagreement is escalated under clause (i).
(5)
Applicability of northwest forest plan
The Northwest Forest Plan Survey and Manage Mitigation Measure Standard and Guidelines shall not
apply to forestry emphasis areas.
(6)
Salmon
(A)
In general
The State shall be considered a cooperating agency for purposes of assisting the Administrator of
the National Oceanic and Atmospheric Administration in managing salmon.
(B)
Memorandum of understanding
The State and the Administrator of the National Oceanic and Atmospheric Administration may enter
into a memorandum of understanding or an agreement under section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1535) in carrying out activities
under subparagraph (A).
(C)
Administration
(i)
In general
If the Administrator of the National Oceanic and Atmospheric Administration fails to provide any
necessary documentation relating to salmon required under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) within the required deadlines
under this section, the Secretary shall consider as completed any
documentation required of the Administrator under the environmental impact
statement, unless the Secretary of Commerce notifies the Secretary of the
Interior that additional time is needed.
(ii)
Nondelegation
The Secretary of Commerce shall not delegate the authority described in clause (i).
(7)
5-year reevaluation
(A)
In general
Not later than 5 years after the date on which an environmental impact statement is developed, the
Director of the United States Fish and Wildlife Service and the
Administrator of the National Oceanic and Atmospheric Administration shall
reevaluate the performed and proposed work and determine if the work
complies with—
(i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
(ii) the environmental impact statement.
(B)
Reinitiation
(i)
In general
Subject to subparagraph (A) and clause (ii), if the Director of the United States Fish and
Wildlife Service and the Administrator of the National Oceanic and
Atmospheric Administration determine that reinitiation of consultation is
required due to new information relating to a threatened or endangered
species, changed circumstances relating to a threatened or endangered
species, or changed conditions relating to a threatened or endangered
species—
(I) the consultation process under this subsection shall be reinitiated by reassessing changed
circumstances or conditions relating to the threatened or endangered
species not originally evaluated in the environmental impact statements;
and
(II) the supporting documentation shall be modified not later than 90 days after the date on which the
consultation commences to reflect the actual conditions.
(ii)
Management activities
Management activities under the comprehensive environmental impact statements developed under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
subsection (a) shall continue while the modifications described in clause
(i)(II) are being prepared.
(8)
Listings of endangered species
(A)
In general
The Secretary shall redesignate some of a conservation emphasis area as a forestry emphasis area
and redesignate a forestry emphasis area that contains critical habitat as
a conservation emphasis area if—
(i) a species is added to the list of endangered or threatened species under section 4(c) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(c)); and
(ii) critical habitat (as defined in section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532))
is designated within the forestry emphasis area that is incompatible with
the harvest of timber under this Act.
(B)
Identification of lands to be redesignated
Not later than 120 days after the date of enactment of the Oregon and California Land Grant Act,
the Secretary shall identify 10,000 acres of conservation emphasis area
that could be redesignated under subparagraph (A).
105.
Management of conservation emphasis areas
(a)
In general
A conservation emphasis area shall be managed in accordance
with this Act and for the general purposes of ecological and
conservation
benefits, including providing forest reserves that include—
(1) old growth and late successional habitat;
(2) clean air;
(3) water quality
filtration, purification, and storage;
(4) watershed
health;
(5) soil
stabilization;
(6) flood
control;
(7) native wildlife
biodiversity;
(8) connectivity;
(9) long-term storage
of carbon;
(10) climate
stabilization;
(11) pollination, seed
dispersal, soil formation, and nutrient cycling;
(12) recreational,
educational, and tourism opportunities; and
(13) aesthetic,
spiritual, and cultural heritage values.
(b)
Management
direction for conservation emphasis areas
(1)
Timber harvest
limitations
The cutting, sale, or removal of timber within a conservation emphasis area
may be permitted—
(A) to the extent
necessary to improve the health of the forest in a manner that—
(i) maximizes the
retention of large trees—
(I) as
appropriate to the forest type; and
(II) to
the extent that the trees promote stands that are fire resilient
and
healthy;
(ii) improves the
habitats of threatened or endangered species or species considered
sensitive by the Secretary over the long term following completion of the
project;
(iii) maintains or
restores the composition and structure of the ecosystem by reducing
the risk of
uncharacteristic wildfire; or
(iv) in the case of harvests in moist forest sites, is conducted—
(I) through variable density and clump-based thinning;
(II) in stands up to 80 years of age to accelerate development of structurally complex forest
conditions; and
(III) in a manner that retains older trees and old growth;
(B) to carry out an
approved management activity in furtherance of the purposes of this
section, if
the cutting, sale, or removal of timber is incidental to the
management
activity; or
(C) for de minimis
personal or administrative use within the conservation emphasis
area, if the use will
not impact the purposes of this section.
(2)
Road
construction
No new or temporary roads shall be constructed or reconstructed
within a conservation emphasis area after the date of enactment of
the Oregon and California Land Grant Act of 2013 except as necessary—
(A) to protect the
health and safety of individuals in cases of an imminent threat of
flood, fire,
or any other catastrophic event that, without intervention, would
result in the
loss of life or property;
(B) to carry out
environmental cleanup activities required by the Federal
Government;
(C) to allow for
the exercise of reserved or outstanding rights provided for by
treaty or
Federal law;
(D) to prevent
irreparable resource damage by a road constructed before the date
of enactment
of the Oregon and California Land Grant
Act; or
(E) to rectify a
hazardous road condition.
(3)
Withdrawal
Subject
to valid existing rights, all Federal land within the conservation
emphasis area is
withdrawn from—
(A) all forms of
entry, appropriation, or disposal under the public land laws,
except disposal
by exchange or sale in accordance with section 117;
(B) location, entry,
and patent under the mining laws; and
(C) disposition
under all laws relating to mineral and geothermal leasing.
(c)
Water quality protection in conservation emphasis areas
(1)
Riparian reserves
In carrying out the aquatic conservation strategy for conservation emphasis areas, key watersheds
and drinking water emphasis areas, the Secretary shall establish riparian
reserves that—
(A) in the case of land located along a fish-bearing stream, are 2 site-potential tree height or
300-feet slope distance, whichever is greater;
(B) in the case of land located along a permanently flowing nonfish-bearing stream, are 1
site-potential tree height or 150-feet slope distance, whichever is
greater;
(C) in the case of land located along a seasonally flowing or intermittent stream, are whichever is
greater among—
(i) the stream channel to the top of the inner gorge and out to the edge of the riparian vegetation;
(ii) a distance of 1 site-potential tree height; or
(iii) 100-feet slope distance;
(D) in the case of a wetland that is greater than 1 acre, a lake, or a natural pond, are whichever is
greater among—
(i) the body of water and land located along the wetland, lake, or pond to the outer edges of riparian
vegetation;
(ii) a distance 2 site-potential tree height; or
(iii) 300-feet slope distance;
(E) in the case of a constructed pond or a reservoir, are the area from the maximum pool elevation to a
distance equal to the height of 1 site-potential tree or 150-feet slope
distance, whichever is greater; and
(F) in the case of a wetland that is less than 1 acre or an unstable or potentially unstable area, are
whichever is greater among—
(i) the extent of the unstable and potentially unstable area or the wetland less than 1 acre, as
applicable, to the outer edges of the riparian vegetation;
(ii) a distance of 1 site-potential tree height; or
(iii) 150-feet slope distance.
(2)
Watershed analysis and review
(A)
In general
The Secretary shall regularly conduct watershed analysis and a review of aquatic and riparian
resources to ensure adequate protections are being provided, consistent
with the objectives described in section 102(e)(1).
(B)
Criteria
Criteria considered in the analysis shall include—
(i) the importance of the streams to salmon populations;
(ii) the impacts of thermal loading;
(iii) water quality; and
(iv) the potential for the delivery or deposition of sediment and wood from upslope sources.
(C)
Changes to strategy
If a peer-reviewed, multiagency report calls for changes to the aquatic conservation strategy or
any riparian reserves on the conservation land to be consistent with
purposes described in section 102(e)(1), the Secretary may consider
changes as part of any modifications (revisions or amendments) to the
relevant resource management plans.
(d)
Maps and legal
descriptions
(1)
In
general
As soon as practicable after the date of enactment of the
Oregon and California Land Grant
Act, the Secretary shall prepare a map and legal description for
the land described in sections 106 through 116.
(2)
Force of
law
The maps and legal descriptions described in paragraph (1)
shall have the same force and effect as if included in this Act,
except that
the Secretary may correct typographical errors in the maps and
legal
descriptions.
(3)
Public
availability
The maps and legal descriptions described in
paragraph (1) shall be on file and available for public inspection
in the
appropriate offices of the Bureau of Land Management.
106.
Rogue National
Recreation Area
(a)
Designation
There
is established a Rogue National Recreational Area to provide for
the
protection, preservation, and enhancement of recreational,
ecological, scenic,
cultural, watershed, and fish and wildlife values.
(b)
Boundary
The
Rogue National Recreation Area shall consist of certain Federal
land managed by
the Bureau of Land Management, comprising approximately
94,700 acres, as generally depicted on
the map entitled O&C Land Grant Act of 2013: Rogue National Recreation Area and dated
November 18, 2013.
(c)
Administration
The
Secretary shall—
(1) administer the
Rogue National Recreation Area—
(A) in accordance with the applicable Federal laws
(including regulations) and rules applicable to the Bureau of Land
Management; and
(B) consistent with section 105; and
(2) only allow uses
of the Rogue National Recreation Area that are consistent with the
purposes
described in subsection (a).
(d)
Off-Road vehicles
The use of motorized vehicles on Bureau of Land Management holdings in the Rogue National
Recreation Area shall be limited to roads designated by the Secretary.
(e)
Fish and wildlife
Nothing in this section affects the jurisdiction or responsibilities of the State with respect to
fish and wildlife in the State.
(f)
Adjacent management
Nothing in this section creates any protective perimeter or buffer zone around the Rogue National
Recreation Area.
(g)
Protection of tribal rights
Nothing in this section diminishes any treaty rights of any Indian tribe.
(h)
Land reclassification
(1)
In general
The Secretary shall reclassify the approximately 8,600 acres of Federal land generally depicted on
the map described in subsection (b) as Other BLM lands as Oregon and California Railroad grant land.
(2)
Applicability
The land reclassified under paragraph (1) shall be considered to satisfy any requirement to
reclassify public domain land as Oregon and California Railroad grant
land, including under sections 206 and 216 of the Oregon and California Land Grant Act of 2013.
107.
Molalla National Recreation Area
(a)
Designation
There is established a Molalla National Recreational Area to provide for the protection,
preservation, and enhancement of recreational, ecological, scenic,
cultural, watershed, and fish and wildlife values.
(b)
Boundary
The Molalla National Recreation Area shall consist of certain Federal land managed by the Bureau of
Land Management, comprising approximately 24,100 acres, as generally
depicted on the map entitled O&C Land Grant Act of 2013: Molalla National Recreation Area and dated November 18, 2013.
(c)
Administration
The Secretary shall—
(1) administer the Molalla National Recreation Area—
(A) in accordance with the applicable Federal laws (including regulations) and rules applicable to the
Bureau of Land Management; and
(B) consistent with section 105; and
(2) only allow uses of the Molalla National Recreation Area that are consistent with the purposes
described in subsection (a).
(d)
Off-Road vehicles
The use of motorized vehicles on Bureau of Land Management holdings in the Molalla National
Recreation Area shall be limited to roads designated by the Secretary.
(e)
Fish and wildlife
Nothing in this section affects the jurisdiction or responsibilities of the State with respect to
fish and wildlife in the State.
(f)
Adjacent management
Nothing in this section creates any protective perimeter or buffer zone around the Molalla National
Recreation Area.
(g)
Protection of tribal rights
Nothing in this section diminishes any treaty rights of any Indian tribe.
(h)
Land reclassification
(1)
In general
The Secretary shall reclassify the approximately 12,000 acres of Federal land generally depicted on
the map described in subsection (b) as Other BLM lands as Oregon and California Railroad grant land.
(2)
Applicability
The land reclassified under paragraph (1) shall be considered to satisfy any requirement to
reclassify public domain land as Oregon and California Railroad grant
land, including under sections 206 and 216 of the Oregon and California Land Grant Act of 2013.
108.
McKenzie
Drinking Water Special Management Unit
(a)
Establishment
There
is established a special resources management unit in the State
consisting of
certain Federal land managed by the Bureau of Land Management,
generally
depicted as the McKenzie Drinking Water Special Management Unit on the map entitled O&C Land Grant Act of 2013: McKenzie Drinking Water Area and dated November 18, 2013, to be known as the
McKenzie Drinking Water Special Management Unit (referred
to in this section as the Management Unit).
(b)
Purposes
The
purposes of the Management Unit are—
(1) to ensure the
protection of the McKenzie Watershed as a clean
drinking water source safeguarding the water quality and quantity
of the Watershed, for the residents of Lane County, Oregon; and
(2) to allow visitors
to enjoy the special scenic, natural, cultural, and fish and
wildlife values of the
McKenzie Watershed.
(c)
Administration
(1)
In
general
The Secretary shall—
(A) administer the
Management Unit—
(i) in accordance
with the laws (including regulations) and rules applicable to the
Bureau of
Land Management; and
(ii) consistent with
section 105; and
(B) only allow uses
of the Management Unit that are consistent with the purposes
described in
subsection (b).
(d)
Prohibited
activities
Subject to valid existing rights, the following
activities shall be prohibited on Bureau of Land Management land in
the
Management Unit:
(1) Commercial
livestock grazing.
(2) The placement of
new fuel storage tanks.
(3) Except to the
extent necessary to further the purposes described in subsection
(b), the
application of any toxic chemicals (other than fire retardants),
including
pesticides.
(e)
Cooperation on private land
The
Secretary is encouraged to work with private landowners who have
agreed to
cooperate with the Secretary to further the purposes of this
section.
(f)
Off-Road vehicles
The use of motorized vehicles on Bureau of Land Management holdings in the Management Unit shall be
limited to roads designated by the Secretary.
(g)
Fish and wildlife
Nothing in this section affects the jurisdiction or responsibilities of the State with respect to
fish and wildlife in the State.
(h)
Adjacent management
Nothing in this section creates any protective perimeter or buffer zone around the Management Unit.
(i)
Protection of tribal rights
Nothing in this section diminishes any treaty rights of any Indian tribe.
109.
Hillsboro Drinking Water Special Management Unit
(a)
Establishment
There is established a special resources management unit in the State consisting of certain Federal
land managed by the Bureau of Land Management, generally depicted as the Hillsboro Drinking Water Special Management Unit on the map entitled O&C Land Grant Act of 2013 Hillsboro Drinking Water Area and dated November 18, 2013, to be known as the Hillsboro Drinking Water Special Management Unit (referred to in this section as the Management Unit).
(b)
Purposes
The purposes of the Management Unit are—
(1) to ensure the protection of the Hillsboro Watershed as a clean drinking water source, safeguarding
the quality and quantity of the Watershed, for the residents of Washington
County, Oregon; and
(2) to allow visitors to enjoy the special scenic, natural, cultural, and fish and wildlife values of
the Hillsboro Watershed.
(c)
Administration
(1)
In general
The Secretary shall—
(A) administer the Management Unit—
(i) in accordance with the laws (including regulations) and rules applicable to the Bureau of Land
Management; and
(ii) consistent with section 105; and
(B) only allow uses of the Management Unit that are consistent with the purposes described in
subsection (b).
(d)
Prohibited activities
Subject to valid, existing rights, the following activities shall be prohibited on Bureau of Land
Management land on the conservation emphasis areas in the Management Unit:
(1) Commercial livestock grazing.
(2) The placement of new fuel storage tanks.
(3) Except to the extent necessary to further the purposes described in subsection (b), the application
of any toxic chemicals (other than fire retardants), including pesticides.
(e)
Cooperation on private land
The Secretary is encouraged to work with adjacent private landowners who have agreed to cooperate
with the Secretary to further the purposes of this section.
(f)
Off-Road vehicles
The use of motorized vehicles on Bureau of Land Management holdings in the Management Unit shall be
limited to roads designated by the Secretary.
(g)
Fish and wildlife
Nothing in this section affects the jurisdiction or responsibilities of the State with respect to
fish and wildlife in the State.
(h)
Adjacent management
Nothing in this section creates any protective perimeter or buffer zone around the Management Unit.
(i)
Protection of tribal rights
Nothing in this section diminishes any treaty rights of any Indian tribe.
110.
Clackamas Drinking Water Special Management Unit
(a)
Establishment
There is established a special resources management unit in the State consisting of certain Federal
land managed by the Bureau of Land Management, generally depicted as the Clackamas Drinking Water Special Management Unit on the map entitled O&C Land Grant Act of 2013: Clackamas Drinking Water Area and dated November 18, 2013, to be known as the Clackamas Drinking Water Special Management Unit (referred to in this section as the Management Unit).
(b)
Purposes
The purposes of the Management Unit are—
(1) to ensure the protection of the Clackamas Watershed as a clean drinking water source, safeguarding
the water quality and quantity of the Watershed, for the residents of
Clackamas County, Oregon; and
(2) to allow visitors to enjoy the special scenic, natural, cultural, and fish and wildlife values of
the Clackamas Watershed.
(c)
Administration
(1)
In general
The Secretary shall—
(A) administer the Management Unit—
(i) in accordance with the laws (including regulations) and rules applicable to the Bureau of Land
Management; and
(ii) consistent with section 105; and
(B) only allow uses of the Management Unit that are consistent with the purposes described in
subsection (b).
(d)
Prohibited activities
Subject to valid, existing rights, the following activities shall be prohibited on Bureau of Land
Management land on the conservation emphasis areas in the Management Unit:
(1) Commercial livestock grazing.
(2) The placement of new fuel storage tanks.
(3) Except to the extent necessary to further the purposes described in subsection (b), the application
of any toxic chemicals (other than fire retardants), including pesticides.
(e)
Cooperation on private land
The Secretary is encouraged to work with adjacent private landowners who have agreed to cooperate
with the Secretary to further the purposes of this section.
(f)
Off-Road vehicles
The use of motorized vehicles on Bureau of Land Management holdings in the Management Unit shall be
limited to roads designated by the Secretary.
(g)
Fish and wildlife
Nothing in this section affects the jurisdiction or responsibilities of the State with respect to
fish and wildlife in the State.
(h)
Adjacent management
Nothing in this section creates any protective perimeter or buffer zone around the Management Unit.
(i)
Protection of tribal rights
Nothing in this section diminishes any treaty rights of any Indian tribe.
111.
Springfield Drinking Water Special Management Unit
(a)
Establishment
There is established a special resources management unit in the State consisting of certain Federal
land managed by the Bureau of Land Management, generally depicted as the Springfield Drinking Water Special Management Unit on the map entitled O&C Land Grant Act of 2013: Springfield Drinking Water Area and dated November 18, 2013, to be known as the Springfield Drinking Water Special Management Unit (referred to in this section as the Management Unit).
(b)
Purposes
The purposes of the Management Unit are—
(1) to ensure the protection of the Springfield Watershed as a clean drinking water source,
safeguarding the water quality and quantity of the Watershed, for the
residents of Springfield, Oregon and nearby communities; and
(2) to allow visitors to enjoy the special scenic, natural, cultural, and fish and wildlife values of
the Springfield Watershed.
(c)
Administration
(1)
In general
The Secretary shall—
(A) administer the Management Unit—
(i) in accordance with the laws (including regulations) and rules applicable to the Bureau of Land
Management; and
(ii) consistent with section 105; and
(B) only allow uses of the Management Unit that are consistent with the purposes described in
subsection (b).
(d)
Prohibited activities
Subject to valid, existing rights, the following activities shall be prohibited on Bureau of Land
Management land on the conservation emphasis areas in the Management Unit:
(1) Commercial livestock grazing.
(2) The placement of new fuel storage tanks.
(3) Except to the extent necessary to further the purposes described in subsection (b), the application
of any toxic chemicals (other than fire retardants), including pesticides.
(e)
Cooperation on private land
The Secretary is encouraged to work with adjacent private landowners who have agreed to cooperate
with the Secretary to further the purposes of this section.
(f)
Off-Road vehicles
The use of motorized vehicles on Bureau of Land Management holdings in the Management Unit shall be
limited to roads designated by the Secretary.
(g)
Fish and wildlife
Nothing in this section affects the jurisdiction or responsibilities of the State with respect to
fish and wildlife in the State.
(h)
Adjacent management
Nothing in this section creates any protective perimeter or buffer zone around the Management Unit.
(i)
Protection of tribal rights
Nothing in this section diminishes any treaty rights of any Indian tribe.
112.
Cascade-Siskiyou National Monument Expansion
(a)
Expansion and
administration
Subject to valid existing rights, the Secretary
shall administer the approximately 2,050 acres of Bureau
of Land Management land generally depicted as ‘Cascade Siskiyou
National Monument Expansion’ on the map
entitled O&C Land Grant Act of 2013: Cascade-Siskiyou National Monument Expansion and Pacific Crest Trail
Protection Corridor and dated
November 18, 2013, as part of the Cascade-Siskiyou
National Monument (referred to in this section as the Monument), in
accordance with—
(1) this
section;
(2) Presidential
Proclamation Number 7318, dated June 9, 2000 (65 Fed. Reg. 37247);
and
(3) section 105 and any law
(including regulations) generally applicable to Bureau of Land
Management land,
including the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.).
(b)
Fire
management
As soon as practicable after the date of enactment of
this section, the Secretary shall—
(1) revise the fire
management plan for the Monument to include the land added to
the Monument under subsection (a); and
(2) in accordance
with the revised plan, carry out hazardous fuel management
activities within
the boundaries of the Monument.
(c)
Grazing
(1)
In
general
Subject to paragraph (2), the Secretary may allow the
grazing of livestock within the approximately 2,050 acres of
expansion land to continue as authorized under permits or leases in
existence
as of the date of enactment of this section.
(2)
Applicable
law
Grazing under paragraph (1) shall be—
(A) at a level not
greater than the level at which the grazing exists as of the date
of enactment
of this section, as measured in Animal Unit Months; and
(B) in accordance
with applicable law.
(d)
Fish and
wildlife
Nothing in this section affects the jurisdiction or
responsibilities of the State with respect to fish and wildlife in
the State.
(e)
Adjacent
management
Nothing in this section creates any protective
perimeter or buffer zone around the Monument additions.
(f)
Protection of
tribal rights
Nothing in this section diminishes any treaty
rights of any Indian tribe.
(g)
Land reclassification
(1)
In general
The Secretary shall reclassify the approximately 200 acres of Federal land generally depicted as Other BLM lands on the map described in subsection (b) as Oregon and California Railroad grant land.
(2)
Applicability
The land reclassified under paragraph (1) shall be considered to satisfy any requirement to
reclassify public domain land as Oregon and California Railroad grant
land, including under sections 206 and 216 of the Oregon and California Land Grant Act of 2013.
113.
Illinois Valley Salmon and Botanical Area Special Management Unit
(a)
Establishment
There is established a special resources management unit in the State consisting of certain Federal
land managed by the Bureau of Land Management, as generally depicted on
the map entitled O&C Land Grant Act of 2013: Illinois Valley Salmon and Botanical Area and dated November 18, 2013, to be known as the Illinois Valley Salmon and Botanical Area (referred to in this section as the Botanical Area).
(b)
Purposes
The purposes of the Botanical Area are to provide for the protection, preservation, and enhancement
of botanical, nonmotorized recreational, ecological, scenic, cultural,
watershed, and fish and wildlife values.
(c)
Administration
The Secretary shall—
(1) administer the Botanical Area—
(A) in accordance with the laws (including regulations) and rules applicable to the Bureau of Land
Management; and
(B) consistent with section 105; and
(2) only allow uses of the Botanical Area that are consistent with the purposes described in subsection
(b).
(d)
Off-Road vehicles
The use of motorized vehicles on Bureau of Land Management holdings in the Botanical Area shall be
limited to roads designated by the Secretary.
(e)
Fish and wildlife
Nothing in this section affects the jurisdiction or responsibilities of the State with respect to
fish and wildlife in the State.
(f)
Adjacent management
Nothing in this section creates any protective perimeter or buffer zone around the Botanical Area.
(g)
Protection of tribal rights
Nothing in this section diminishes any treaty rights of any Indian tribe.
(h)
Land reclassification
(1)
In general
The Secretary shall reclassify the approximately 7,200 acres of Federal land generally depicted as Other BLM lands on the map described in subsection (a) as Oregon and California Railroad grant land.
(2)
Applicability
The land reclassified under paragraph (1) shall be considered to satisfy any requirement to
reclassify public domain land as Oregon and California Railroad grant
land, including under sections 206 and 216 of the Oregon and California Land Grant Act of 2013.
114.
Pacific Crest National Scenic Trail Protection Corridor
(a)
Establishment
The Secretary shall—
(1) not later than 1 year after the date of enactment of the Oregon and California Land Grant Act of 2013, establish a protection and management corridor in the State consisting of certain Federal land
managed by the Bureau of Land Management, generally depicted as ‘Pacific
Crest Trail Protection Corridor’ on the map entitled O&C Land Grant Act of 2013: Cascade-Siskiyou National Monument Expansion and Pacific Crest Trail
Protection Corridor and dated November 18, 2013, to be known as the Pacific Crest Trail Corridor (referred to in this section as the PCT Corridor); and
(2) draw the PCT Corridor boundaries to include—
(A) all the Bureau of Land Management land within approximately 1/4 mile on either side of the Pacific Crest National Scenic Trail; and
(B) to the extent practicable, recreational, scenic, historical, wildlife, water, and other resources
associated with the Pacific Crest National Scenic Trail that are in need
of protection.
(b)
Administration
(1)
In general
The Secretary shall manage the Federal land administered by the Bureau of Land Management described
in subsection (a) to protect and enhance enjoyment of the recreational,
scenic, historical, wildlife, and water values of the PCT Corridor in as
natural and undeveloped state as practicable.
(2)
Activities
Forest thinning and vegetation treatments should be considered consistent with paragraph (1) if the
purpose is—
(A) to improve forest health when faced by a threat of fire, insect outbreak, or disease;
(B) to improve or maintain recreational facilities and opportunities; or
(C) to protect public health or safety.
(c)
Forest roads
Forest roads crossing the PCT Corridor or within the PCT Corridor shall be limited to those
necessary for the proper use and administration of adjacent public land,
as determined by the Secretary in applicable management plans.
(d)
Applicable law
If the PCT Corridor established by this subsection is within an area designated by Congress for
special management, the most restrictive provisions of law shall apply.
(e)
Fish and wildlife
Nothing in this section affects the jurisdiction or responsibilities of the State with respect to
fish and wildlife in the State.
(f)
Adjacent management
Nothing in this section creates any protective perimeter or buffer zone around the PCT Corridor.
(g)
Protection of tribal rights
Nothing in this section diminishes any treaty rights of any Indian tribe.
115.
Primitive backcountry special management areas
(a)
Management
(1)
In general
The Secretary shall manage the Federal land administered by the Bureau of Land Management described
in subsection (b) in a manner that preserves the natural and primitive
character of the land for recreational, scenic, and scientific use.
(2)
Activities
Forest thinning and vegetation treatments should be considered consistent with paragraph (1) if the
purpose is—
(A) to improve forest health when faced by a threat of fire, insect outbreak, or disease;
(B) to improve or maintain recreational facilities and opportunities; or
(C) to protect public health or safety.
(b)
Description of land
The Federal land referred to in subsection (a) is the following:
(1)
Grizzly peak primitive backcountry area
Certain Federal land managed by the Bureau of Land Management, comprising approximately 2,100
acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Grizzly Peak Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Grizzly Peak Primitive Backcountry Area.
(2)
Dakubetede primitive backcountry area
Certain Federal land managed by the Bureau of Land Management, comprising approximately 21,200
acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Dakubetede Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Dakubetede Primitive Backcountry Area.
(3)
Wellington wildlands primitive backcountry area
Certain Federal land managed by the Bureau of Land Management, comprising approximately 5,700
acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Wellington Wildlands Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Wellington Wildlands Primitive Backcountry Area.
(4)
Mungers butte primitive backcountry area
Certain Federal land managed by the Bureau of Land Management, comprising approximately 10,200
acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Mungers Butte Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Mungers Butte Primitive Backcountry Area.
(5)
Brummitt fir primitive backcountry area
Certain Federal land managed by the Bureau of Land Management, comprising approximately 2,000
acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Brummitt Fir Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Brummitt Fir Primitive Backcountry Area.
(6)
Crabtree valley primitive backcountry area
Certain Federal land managed by the Bureau of Land Management, comprising approximately 2,100
acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Crabtree Valley Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Crabtree Valley Primitive Backcountry Area.
(c)
Off-Road vehicles
The use of motorized vehicles on Bureau of Land Management holdings in the land described in
subsection (b) shall be limited to roads designated by the Secretary.
(d)
Fish and wildlife
Nothing in this section affects the jurisdiction or responsibilities of the State with respect to
fish and wildlife in the State.
(e)
Adjacent management
Nothing in this section creates any protective perimeter or buffer zone around the land described
in subsection (b).
(f)
Protection of tribal rights
Nothing in this section diminishes any treaty rights of any Indian tribe.
(g)
Land reclassification
(1)
In general
The Secretary shall reclassify the approximately 3,600 acres of Federal generally depicted as Other BLM lands on the maps described in subsection (b) as Oregon and California Railroad grant land.
(2)
Applicability
The land reclassified under paragraph (1) shall be considered to satisfy any requirement to
reclassify public domain land as Oregon and California Railroad grant
land, including under sections 206 and 216 of the Oregon and California Land Grant Act of 2013.
116.
Special Environmental Zones
(a)
Designation
There are established special resources management units consisting of current and proposed areas
of critical environmental concern managed by the Bureau of Land Management
that are not otherwise designated by this Act, as generally depicted on
the map entitled O&C Land Grant Act of 2013: Special Environmental Zones and dated November 18, 2013, to be known as Special Environmental Zones (referred to in this section as Special Environmental Zones).
(b)
Purposes
The purposes of the Special Environmental Zones are to provide for the protection, preservation,
and enhancement of ecological, scenic, cultural, watershed, and fish and
wildlife values.
(c)
Administration
The Secretary shall—
(1) administer the Special Environmental Zones—
(A) in accordance with the laws (including regulations) and rules applicable to the Bureau of Land
Management; and
(B) consistent with section 105; and
(2) only allow uses of the Special Environmental Zones that are consistent with the purposes described
in subsection (b).
(d)
Off-Road vehicles
The use of motorized vehicles on Bureau of Land Management holdings in the Special Environmental
Zones shall be limited to roads designated by the Secretary.
(e)
Fish and wildlife
Nothing in this section affects the jurisdiction or responsibilities of the State with respect to
fish and wildlife in the State.
(f)
Adjacent management
Nothing in this section creates any protective perimeter or buffer zone around the Special
Environmental Zones.
(g)
Protection of tribal rights
Nothing in this section diminishes any treaty rights of any Indian tribe.
(h)
Effect on other laws
If a Special Environmental Zone established by this section is located within an area designated by
Congress for special management, the most restrictive provisions of
Federal law shall apply.
117.
Land ownership consolidation
(a)
In general
The Secretary shall seek to consolidate Federal and non-Federal land by conveying the covered land
and by acquiring private or State-owned land to create more contiguous
blocks of land under the jurisdiction of the Secretary—
(1) to improve the efficiency of management of the Federal land;
(2) to facilitate resource management on the Federal land; or
(3) to improve the conservation value of the Federal land.
(b)
Review
Not later than 180 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall review and inventory the covered land to identify any public land that—
(1) as the result of location or other characteristic, is no longer necessary or appropriate for
continued Federal management in accordance with this Act; or
(2) is determined to facilitate achieving any of the purposes described in subsection (a).
(c)
Consultation with adjacent landowners
As soon as practicable after completing the review and inventory under subsection (b), the
Secretary shall consult with the owners of adjacent land to determine
whether there is mutual interest in entering into land exchanges if the
exchange will meet any of the purposes described in subsection (a).
(d)
Expedited land exchanges
(1)
In general
If an owner of adjacent land described in subsection (c) expresses interest in participating in a
land exchange under this section, the Secretary may complete that land
exchange in accordance with paragraphs (2) through (5).
(2)
Public interest determination
(A)
In general
If an owner of adjacent land described in subsection (c) proposes to the Secretary entering into a
land exchange under this section, the Secretary shall, not later than 90
days after receiving the proposal, determine whether the public interest
will be well-served by making the exchange.
(B)
Failure to make public interest determination
If the Secretary fails to make the determination by the date described in subparagraph (A), the
Secretary shall submit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Natural Resources of the House of
Representatives—
(i) a report explaining the reason why the determination has not been made; and
(ii) every 30 days after the report described in clause (i) is submitted until the date on which the
Secretary makes a determination, an updated report.
(3)
Exchange pending completion of appraisals
If the Secretary determines that a proposed land exchange is in the public interest, the Secretary
may allow for the Federal and non-Federal land to be exchanged pending
completion of appraisals, subject to a binding commitment from the
non-Federal landowner and any terms and conditions the Secretary may
require to ensure that the values of the Federal and non-Federal land are
ultimately equal or equalized in accordance with section 206(b) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)).
(4)
Land of approximately equal value
In order to expedite a land exchange that the Secretary has determined to be in the public interest
under paragraph (2), the Secretary may use the authority to exchange land
of approximately equal value in accordance with section 206(h) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(h)) as
applicable.
(5)
Additional exchange authority
The Secretary may exercise the authority under the Act of March 20, 1922 (16 U.S.C. 485), to
facilitate land exchanges under this section, except that any reference to
the Secretary of Agriculture in that Act shall be considered to be a
reference to the Secretary, and any reference to national forests in that
Act shall be considered to be a reference to covered land.
(e)
Sale of public land
(1)
In general
(A)
Establishment
The Secretary shall establish a program to complete appraisals and satisfy other legal requirements
for the sale or exchange of public land identified for disposal under this
section.
(B)
Priority sales
The Secretary shall prioritize the sales of land of those parcels identified by the Secretary as
suitable for disposal as of the date of enactment of the Oregon and California Land Grant Act of 2013, identified as Land Tenure, Zone 3 as generally depicted on the map entitled Western Oregon Forestry Land Tenure, Zone 3 and dated September 6, 2013.
(2)
Sale procedures
The sale of public land identified under subsection (a) shall be conducted in accordance with
sections 203 and 209 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1713, 1719).
(3)
Exceptions to competitive bidding requirements
The exceptions to competitive bidding requirements under section 203(f) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1713(f)) shall apply to this section
in cases in which the Secretary determines it to be necessary.
(f)
Use of proceeds
(1)
In general
Notwithstanding any other provision of law (other than a law that specifically provides for a
portion of the proceeds of a land sale to be distributed to any trust fund
of the State), proceeds from the sale under subsection (e) of land
described in subsection (a) shall—
(A) in the case of land sold within a forestry emphasis area, be deposited into a separate account in
the Treasury to be known as the O&C Land—Forestry Emphasis Areas Acquisition Account; and
(B) in the case of land sold within a conservation emphasis area, be deposited into a separate account
in the Treasury to be known as the O&C Land—Conservation Emphasis Areas Acquisition Account.
(2)
Availability
Amounts in the accounts described in paragraph (1) shall be available to the Secretary, without
further appropriation, to purchase land or interests in land, from willing
sellers only, if acquisition of the non-Federal land will meet 1 or more
of the purposes described in subsection (a).
(3)
Administrative expenses
An amount not to exceed 20 percent of the funds deposited in the accounts described in paragraph
(1) may be used by the Secretary for administrative and other expenses
necessary to carry out the activities authorized in this section.
(g)
Balance in accounts
The Secretary shall administer the balance in the accounts described in subsection (f)(1) as
follows:
(1) The Secretary shall not complete the sale of more than 5,000 acres of the land identified under
subsection (b) prior to obligating funds from the accounts described in
subsection (f)(1) for the acquisition of at least 1 parcel.
(2) The Secretary shall seek to keep the balances in the accounts described in subsection (f)(1) low by
using the funds in the accounts to acquire parcels as soon as practicable.
(h)
Acquired land
(1)
Forestry emphasis areas
Any land or interest in land acquired using funds from the O&C Land—Forestry Emphasis Areas Acquisition Account shall be administered by the Secretary in
accordance with section 103.
(2)
Conservation emphasis areas
Any land or interest in land acquired using funds from the O&C Land—Conservation Emphasis Areas Acquisition Account shall be administered by the Secretary in
accordance with section 105.
118.
Categorical
exclusions
(a)
In
general
Except as provided in subsection (c), the eligible
activities described in subsection (b) that are conducted on
covered land in
accordance with this section shall be—
(1) considered an
action categorically excluded from the requirements for an
environmental
assessment or an environmental impact statement under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) or section 1508.4 of
title 40, Code of Federal Regulations (or a successor regulation);
and
(2) exempt from administrative review.
(b)
Eligible
activities
The eligible activities referred to in subsection (a)
consist of the following:
(1) The placement of
trees and portions of trees in streams to benefit fish species.
(2) The planting of
riparian vegetation with species of vegetation native to the State.
(3) The replacement
of culverts that—
(A) impede fish
passage; or
(B) are unable to
withstand a 100-year flood event.
(4) The removal of
any road that—
(A) was not
established by the Bureau of Land Management; and
(B) was established
less than 20 years before the date of removal of the road.
(c)
Exclusion of
certain areas
Subsection (a) does not apply to eligible
activities located in—
(1) a component of
the National Wilderness Preservation System;
(2) a wilderness
study area; or
(3) an area in which
activities described in subsection (b) would be inconsistent with
the
applicable resource management plan.
119.
Closure or
decommissioning of Bureau of Land Management roads
(a)
Closure or
decommissioning of BLM roads
(1)
In general
The Secretary shall seek to close or decommission
nonessential roads on covered
land in a manner that, minimizes, to the maximum extent
practicable, the hydrologic impact of the closure or
decommissioning.
(2)
Priority
In
carrying out paragraph (1), the Secretary shall prioritize
nonessential roads
for closure or decommissioning, using the following criteria:
(A) Nonessential
roads that are most likely to cause the greatest magnitude of
environmental
harm, including—
(i) roads located on steep
slopes;
(ii) roads located in a manner that
cause, or are at a risk of causing, chronic sedimentation, road
failure,
landslides, or other environmental concerns (including roads with
high
densities of stream crossings);
(iii) roads that pose
public safety concerns; or
(iv) roads that, if
closed or decommissioned, would significantly enhance watershed
function and
wildlife habitat through the restoration of large blocks of
habitat.
(B) The usage of the
nonessential road for administrative activities of the Bureau of
Land
Management or by the public.
(C) The expenses
necessary to complete the closure or decommissioning of the
nonessential
road.
(b)
Legacy roads and trails program
(1)
In general
The Secretary shall establish a program to be known as the Legacy Roads and Trails program to provide—
(A) urgently needed road decommissioning, road and trail repair and maintenance and associated
activities, and removal of fish passage barriers, especially in areas in
which roads may be contributing to water quality problems in streams and
water bodies that support threatened, endangered, or sensitive species or
community water sources;
(B) urgently needed road repairs required due to recent storm events; or
(C) the decommissioning of unauthorized roads that are not part of the transportation system.
(2)
Project selection
(A)
In general
The Secretary shall use public input in the selection of projects and display its selection process
on the website of the Bureau of Land Management.
(B)
Priorities
In selecting projects under this subsection, the Secretary shall give priority to—
(i) decommissioning and repairing roads and trails in environmentally sensitive areas; and
(ii) areas in which roads may be contributing to water quality problems in streams and water bodies the
support threatened or endangered species, or species considered sensitive
by the Secretary.
(3)
Report to Congress
Not later than 120 days after the end of each fiscal year, the Secretary shall submit to Congress
a report on the status of the projects selected for completion in the
following 2 fiscal years.
(4)
Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal
years 2013 through 2023.
120.
Special
management and research areas
(a)
In general
The Secretary shall designate 50,000 acres across 2 to 5 sites in both moist forests and dry
forests to be comanaged by the Secretary and Oregon State University as
special management and research areas in accordance with the criteria
described in subsection (b).
(b)
Criteria
In designating land as special management and research areas under subsection (a), the Secretary
shall designate—
(1) 20 to 30 percent of land that is designated as Conservation Emphasis Areas on the maps described in section 102(a)(2);
(2) 70 to 80 percent of land that is designated as Forestry Emphasis Areas on the maps described in section 102(a)(2);
(3) land, to the maximum
extent practicable, contiguous to other land designated under
subsection
(a);
(4) land within close
proximity of other land designated under subsection (a);
(5) land located within
150 miles of the main campus of Oregon State
University in Corvallis, Oregon; and
(6) selected in
consultation with Oregon State University.
(c)
Authorized
projects
Land designated under subsection (a) shall be used for
the conducting by institutions of higher education in the State of
research
projects and demonstration projects that address—
(1) increasing social
awareness and knowledge of the environmental, social, and economic
impacts on the
implementation of ecological forestry on public land;
(2) improving the
health of rural communities and citizens;
(3) reducing
catastrophic fires and the degradation of ecosystem health;
(4) increasing
conservation with a landscape approach; and
(5) understanding the
riparian reserve approaches authorized under this
Act.
(d)
Monitoring
Work performed on land designated under subsection (a) shall include—
(1) post-treatment monitoring of the effects of the treatments on the land; and
(2) if practicable, monitoring of other projects implemented under this Act, including monitoring by—
(A) diverse stakeholders;
(B) collaborative groups;
(C) Federal agencies; and
(D) institutions of higher educations.
(e)
Institutions of
higher education
At least 10 percent of the authorized projects
conducted annually under this section shall be conducted by an
institution of
higher education in the State other than Oregon State University.
(f)
Minimum
acreage
(1)
In
general
At least 3,750 acres of the land designated under
subsection (a) shall be treated during each 5-year period.
(2)
Failure to
treat
If the minimum acreage under paragraph (1) is not treated
for two 5-year periods during a 20-year period, management of the
land designated
under subsection (a) shall revert to traditional management status
by the
Secretary.
(g)
Review
The
Bureau of Land Management State Director shall—
(1) review and decide
whether to permit each proposed treatment to be conducted as part
of an
authorized project; and
(2) review for
adequacy the paperwork required to be prepared for each treatment.
(h)
Effect
Nothing
in this section supersedes or modifies any provision of Federal law
not
expressly superseded or modified by this section.
121.
Compliance
(a)
In general
The Secretary shall establish guidelines to ensure that the following trees are not cut in the
covered area in violation of this Act:
(1) Nest trees.
(2) Trees equal to or greater than 250 years of age measured at breast height.
(3) Old growth trees less than 250 years of age measured at breast height.
(b)
Issuance of penalty to the contractor
If a contractor cuts a tree described in paragraph (1) or (2) of subsection (a), the contractor
shall make a payment to the Secretary equal to 3 times the value of that
tree, as determined under subsection (c).
(c)
Valuation
(1)
In general
The stumpage value of the 1 or more trees described in paragraph (1) or (2) of subsection (a)
shall be used to calculate the amount of the payment to be made under
subsection (b) in accordance with this subsection.
(2)
Volume of trees cut
The volume of the trees cut shall be calculated using—
(A) the Scribner Decimal C Log Rule; and
(B) West-Side Scaling methods.
(3)
Stumpage value of trees
(A)
In general
The stumpage value of the trees cut shall be determined using the Log Price Report or other similar
document prepared regularly by the Oregon Department of Forestry in
accordance with this subsection.
(B)
Stumpage value
The stumpage value of the trees used shall be based on the average price paid by mills on delivery
for similar trees harvested—
(i) in the same calendar year quarter that the trees cut were discovered to be in violation of this
Act; and
(ii) in the same region of the State, as determined by the Oregon Department of Forestry.
(C)
Transportation costs
The costs of transporting the cut trees to a mill shall not be considered when determining the
value of the trees under this subsection.
(d)
Penalty system
(1)
In general
Subject to paragraph (2), not later than 180 days after the date of enactment of the Oregon and California Land Grant Act of 2013, the Secretary shall establish a penalty system designed to deter contractors from cutting trees
in the covered area, in violation of this Act, that are between the ages
of 150 and 250 measured at breast height.
(2)
Restrictions
(A)
In general
The penalty system under paragraph (1) shall allow for some de minimis quantity of trees
described in that paragraph, as determined by the Secretary, to be
determined to be trees cut in error and not subject to penalty.
(B)
Modification of penalty system
If the quantity of trees described in paragraph (1) that are cut by a contractor is greater than
twice the de minimis quantity established by the Secretary, the Secretary
shall, after public notice and opportunity to comment for a period of 30
days, revise the penalty system accordingly.
122.
Review by
advisory panel
(a)
In
general
Not later than 10
years after the date of enactment of the Oregon and California Land Grant Act of 2013 and every 10 years
thereafter, the Secretary shall convene a scientific and technical
advisory
panel of scientists that are not permanent employees of the Bureau
of Land Management to perform a
comprehensive scientific and managerial review on whether the
provisions of
this Act have been implemented in a manner
that results in robust timber harvests and maintains environmental
values,
including—
(1) the effect on forest health;
(2) the effect on watershed health;
(3) impacts to early and late successional habitat; and
(4) the effectiveness of the riparian reserves.
(b)
Report
Not later than 180 days after the date on
which a panel is convened under subsection (a), the panel shall
submit to
Congress a report that includes recommendations with respect to the
implementation of this Act, including
recommendations for any additional legislation needed to implement
this
Act.
123.
Transition
(a)
In general
During the period beginning on the date of enactment of the Oregon and California Land Grant Act of 2013 and ending 90 days after the date the record of decision is completed under section 104, a
transition period (referred to in this section as the transition period) shall be in effect in accordance with this section.
(b)
Management
(1)
In general
Except as provided in paragraph (2), during the transition period, the Secretary shall manage the
covered land, including continuing to plan timber sales and restoration
projects, in accordance with the designations, allocation, and
requirements of this Act.
(2)
Pending timber sales
Timber sales for which an environmental impact statement, environmental assessment, or categorical
exclusion documentation required under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) has been completed or will be
completed during the 60-day period beginning on the date of enactment of
the Oregon and California Land Grant Act of 2013 shall proceed in accordance with the terms of the sales.
(c)
Special administrative review process
The procedures established under section 105 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6515) shall be the only process to administratively challenge
projects during the transition period.
(d)
Existing contracts
(1)
In general
Any work or timber contract sold or awarded by the Secretary on or with respect to covered land
before the date of enactment of the Oregon and California Land Grant Act of 2013 shall remain binding and effective according to the terms of the contract.
(2)
Administration
The Secretary shall seek to make such accommodations as are necessary to avoid interfering with the
performance of a contract described in paragraph (1).
(e)
Existing access rights
(1)
In general
During the transition period, the Secretary shall preserve all rights of access and use of covered
land (including reciprocal rights-of-way agreements, tail hold agreements,
or other right-of-way or easement obligations) existing on the date of
enactment of the Oregon and California Land Grant Act of 2013.
(2)
Administration
Rights described in paragraph (1) shall remain applicable to covered land in the same manner and
to the same extent as the rights applied before the date of enactment of
the Oregon and California Land Grant Act of 2013.
124.
Effect
Nothing in this Act affects any private ownership or rights, including rights-of-way and tribal
treaty rights, or terminates any valid lease, permit, patent, or other
right of authorization existing on the date of enactment of the Oregon and California Land Grant Act of 2013 with regard to covered land.
.
102.
Distribution of funds
(a)
In general
Title II of the Oregon and California Land Grant Act (43 U.S.C. 1181f) is amended to read as
follows:
II
Distribution of funds
201.
Distribution of funds
(a)
Fund
Effective for fiscal year 2014 and each fiscal year thereafter, all funds deposited in the Treasury
in the special fund designated the Oregon and California Railroad Land-Grant Fund shall be distributed annually in accordance with this section.
(b)
General fund
Subject to subsection (d)(4)(C), as soon as practicable after the end of each fiscal year described
in subsection (a), $4,000,000 of all amounts received for the applicable
fiscal year by the Secretary from the covered land shall be transferred
to the general fund of the Treasury.
(c)
Administrative costs
(1)
In general
Subject to paragraph (2) and subsection (d)(4)(C), all amounts received for the applicable fiscal
year by the Secretary from the covered land shall be used to pay for the
management and administrative expenses for, and capital improvement costs
on, covered land.
(2)
Limitations
The amount of revenue that is used to pay for expenses and costs for a fiscal year under paragraph
(1) shall not exceed—
(A) 25 percent of all amounts received for the applicable fiscal year by the Secretary from the covered
land during the fiscal year; or
(B) $20,000,000.
(d)
Payments to counties
(1)
In general
All amounts received for the applicable fiscal year by the Secretary from the covered land during
a fiscal year that is in excess of the amount necessary to carry out
subsections (b) and (c) shall be provided to the counties that contain
covered land (referred to in this subsection as a covered county) in the form of annual payments.
(2)
Timing
Payments shall be made available to covered counties under this subsection as soon as practicable
following the end of each fiscal year.
(3)
Other county funds
Payments made to covered counties under this subsection shall be used as other county funds.
(4)
Amount
(A)
In general
Subject to subparagraphs (B) and (C), for each fiscal year described in subsection (a), the amount
of payments allocated under this subsection to each covered county for a
fiscal year shall be equal to the ratio that—
(i) the assessed value of covered land in the covered county for fiscal year 1915; bears to
(ii) the assessed value of covered land in all covered counties for fiscal year 1915.
(B)
Nonassessed land
For purposes of subparagraph (A), the portion of the covered lands in each of the covered counties
that was not assessed for fiscal year 1915 shall be considered to have
been assessed at the average assessed value of the covered land in the
covered county.
(C)
Minimum amount
(i)
In general
Subject to clauses (ii) and (iii), the annual payment paid to a covered county under this
subsection, to the extent practicable, shall not be less than the payment
that the covered county would have received solely under this Act for
fiscal year 2013 if the covered county had elected to receive payment
under this Act and not under any other law.
(ii)
Use of general fund share
If the portion of revenues to be provided to a covered county for a fiscal year is less than the
amount described in clause (i), the payment made to the Treasury for the
fiscal year under subsection (b) shall be reduced by an amount necessary
to provide the minimum payments required under clause (i) for the
covered county.
(iii)
Use of administrative costs share
If the minimum payments required under clause (i) could not be made to all covered counties after
the payment made to the Treasury is reduced under clause (ii), the payment
made for administrative expenses for the fiscal year under subsection (c)
shall be reduced by an amount necessary to provide the minimum payments
required under clause (i) for all covered counties.
.
(b)
Effective date
The amendment made by subsection (a) takes effect on October 1, 2013.
103.
Wild and Scenic River designations
(a)
In general
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end
the following:
(208)
Nestucca river, oregon
The approximately 15-mile segment from its confluence with Ginger Creek downstream until it crosses
T. 4 S., R. 7 W., sec. 7, Willamette Meridian, to be administered by the
Secretary of the Interior as a recreational river.
(209)
Walker creek, oregon
The approximately 3-mile segment from the headwaters in T. 3 S., R. 6 W., sec. 20 downstream to the
confluence with the Nestucca River in T. 3 S., R. 6 W., sec. 15,
Willamette Meridian, to be administered by the Secretary of the Interior
as a recreational river.
(210)
North fork silver creek, oregon
The approximately 6-mile segment from the headwaters in T. 35 S., R. 9 W., sec. 1 downstream to the
edge of the Bureau of Land Management boundary in T. 35 S., R. 9 W., sec.
17, Willamette Meridian, to be administered by the Secretary of the
Interior as a recreational river.
(211)
Jenny creek, oregon
The approximately 20-mile segment from the Bureau of Land Management boundary located at the north
boundary of the southwest quarter of the southeast quarter of T. 38 S., R.
4 E., sec. 34, Willamette Meridian, downstream to the Oregon State border,
to be administered by the Secretary of the Interior as a scenic river.
(212)
Spring creek, oregon
The approximately 1-mile segment from its source at Shoat Springs in T. 40 S., R. 4 E., sec. 34,
Willamette Meridian, downstream to the confluence with Jenny Creek in T.
41 S., R. 4 E., sec. 3, Willamette Meridian, to be administered by the
Secretary of the Interior as a scenic river.
(213)
Lobster creek, oregon
The approximately 6-mile segment from T. 15 S., R. 8 W., sec. 35, Willamette Meridian, downstream
to the edge of the Bureau of Land Management boundary in T. 15 S., R. 8
W., sec. 15, Willamette Meridian, to be administered by the Secretary of
the Interior as a recreational river.
.
(b)
Withdrawal
Subject to valid existing rights, the Federal land within the boundaries of the river segments
designated by paragraphs (208) through (213) of section 3(a) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(a)) is withdrawn from all forms of—
(1) entry, appropriation, or disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and geothermal leasing or mineral materials.
II
Tribal land
A
Oregon Coastal Land Conveyance
201.
Definitions
In this subtitle:
(1)
Federal
land
The term Federal land means the approximately
14,804 acres of Federal land, as generally depicted on the map entitled
Oregon Coastal Land Conveyance, and dated March 27, 2013.
(2)
Planning
area
The term planning area means land—
(A) administered by
the Director of the Bureau of Land Management; and
(B) located
in—
(i) the
Coos Bay District;
(ii) the Eugene
District;
(iii) the Medford
District;
(iv) the Roseburg
District;
(v) the
Salem District; and
(vi) the Klamath
Falls Resource Area of the Lakeview District.
(3)
Public domain land
(A)
In
general
The term public domain
land has the meaning given the term public lands in section
103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1702).
(B)
Exclusion
The
term public domain land does not include any land managed in
accordance with the Act of August 28, 1937 (43
U.S.C. 1181a et seq.).
(4)
Secretary
The
term Secretary means the Secretary of the Interior.
(5)
Tribe
The
term Tribe means the Confederated Tribes of Coos, Lower Umpqua,
and Siuslaw Indians.
202.
Conveyance
(a)
In
general
Subject to valid existing rights, including
rights-of-way, all right, title, and interest of the United States in and
to
the Federal land, including any improvements located on the Federal land,
appurtenances to the Federal land, and minerals on or in the Federal land,
including oil and gas, shall be—
(1) held in trust by
the United States for the benefit of the Tribe; and
(2) part of the
reservation of the Tribe.
(b)
Survey
Not
later than 180 days after the date of enactment of this Act, the Secretary
shall complete a survey of the boundary lines to establish the boundaries
of
the land taken into trust under subsection (a).
203.
Map and legal
description
(a)
In
general
As soon as practicable after the date of enactment of
this Act, the Secretary shall file a map and legal description of the
Federal
land with—
(1) the Committee on
Energy and Natural Resources of the Senate; and
(2) the Committee on
Natural Resources of the House of Representatives.
(b)
Force and
effect
The map and legal description filed under subsection (a)
shall have the same force and effect as if included in this subtitle,
except that
the Secretary may correct any clerical or typographical errors in the map
or
legal description.
(c)
Public
availability
The map and legal description filed under subsection
(a) shall be on file and available for public inspection in the Office of
the
Secretary.
204.
Administration
(a)
In
general
Unless expressly
provided in this subtitle, nothing in this subtitle affects any right or
claim of the
Tribe existing on the date of enactment of this Act to any land or
interest in
land.
(b)
Prohibitions
(1)
Exports of
unprocessed logs
Federal law (including regulations) relating to
the export of unprocessed logs harvested from Federal land shall apply to
any
unprocessed logs that are harvested from the Federal land.
(2)
Non-permissible
use of land
Any real property taken into trust under section 202
shall not be eligible, or used, for any gaming activity carried out under
Public Law 100–497 (25 U.S.C. 2701 et seq.).
205.
Forest
management
Any commercial
forestry activity that is carried out on the Federal land shall be managed
in
accordance with all applicable Federal laws.
206.
Land
reclassification
(a)
Identification
of Oregon and California Railroad grant land
Not later than 180 days
after the date of enactment of this Act, the Secretary of Agriculture and
the
Secretary shall identify any Oregon and California Railroad
grant land that is conveyed under section 202.
(b)
Identification
of public domain land
Not later than 18 months after the date of
enactment of this Act, the Secretary shall identify public domain land
that—
(1) is approximately
equal in acreage and condition as the land identified under subsection
(a);
and
(2) is located within
the planning area.
(c)
Maps
Not
later than 2 years after the date of enactment of this Act, the Secretary
shall
submit to Congress and publish in the Federal Register 1 or more maps
depicting
the land identified in subsections (a) and (b).
(d)
Reclassification
(1)
In
general
After providing an opportunity for public comment, the
Secretary shall reclassify the land identified in subsection (b) as Oregon
and California Railroad grant land.
(2)
Applicability
The
Act of August 28, 1937 (43 U.S.C. 1181a et seq.),
shall apply to land reclassified as Oregon and California
Railroad grant land under paragraph (1).
B
Canyon Mountain Land Conveyance
211.
Definitions
In this subtitle:
(1)
Federal
land
The term Federal land means the approximately
17,826 acres of Federal land, as generally depicted on the map entitled
Canyon Mountain Land Conveyance, and dated June 27, 2013.
(2)
Planning
area
The term planning area means land—
(A) administered by
the Director of the Bureau of Land Management; and
(B) located
in—
(i) the
Coos Bay District;
(ii) the Eugene
District;
(iii) the Medford
District;
(iv) the Roseburg
District;
(v) the
Salem District; and
(vi) the Klamath
Falls Resource Area of the Lakeview District.
(3)
Public domain land
(A)
In
general
The term public domain
land has the meaning given the term public lands in section
103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1702).
(B)
Exclusion
The
term public domain land does not include any land managed in
accordance with the Act of August 28, 1937 (43
U.S.C. 1181a et seq.).
(4)
Secretary
The
term Secretary means the Secretary of the Interior.
(5)
Tribe
The
term Tribe means the Cow Creek Band of Umpqua Tribe of
Indians.
212.
Conveyance
(a)
In
general
Subject to valid existing rights, including
rights-of-way, all right, title, and interest of the United States in and
to
the Federal land, including any improvements located on the Federal land,
appurtenances to the Federal land, and minerals on or in the Federal land,
including oil and gas, shall be—
(1) held in trust by
the United States for the benefit of the Tribe; and
(2) part of the
reservation of the Tribe.
(b)
Survey
Not
later than 180 days after the date of enactment of this Act, the Secretary
shall complete a survey of the boundary lines to establish the boundaries
of
the land taken into trust under subsection (a).
213.
Map and legal
description
(a)
In
general
As soon as practicable after the date of enactment of
this Act, the Secretary shall file a map and legal description of the
Federal
land with—
(1) the Committee on
Energy and Natural Resources of the Senate; and
(2) the Committee on
Natural Resources of the House of Representatives.
(b)
Force and
effect
The map and legal description filed under subsection (a)
shall have the same force and effect as if included in this subtitle
except that
the Secretary may correct any clerical or typographical errors in the map
or
legal description.
(c)
Public
availability
The map and legal description filed under subsection
(a) shall be on file and available for public inspection in the Office of
the
Secretary.
214.
Administration
(a)
In
general
Unless expressly provided in this subtitle, nothing in this
subtitle affects any right or claim of the Tribe existing on the date of
enactment
of this Act to any land or interest in land.
(b)
Prohibitions
(1)
Exports of
unprocessed logs
Federal law (including regulations) relating to
the export of unprocessed logs harvested from Federal land shall apply to
any
unprocessed logs that are harvested from the Federal land.
(2)
Non-permissible
use of land
Any real property taken into trust under section 212
shall not be eligible, or used, for any gaming activity carried out under
Public Law 100–497 (25 U.S.C. 2701 et seq.).
215.
Forest
management
Any commercial
forestry activity that is carried out on the Federal land shall be managed
in
accordance with all applicable Federal laws.
216.
Land
reclassification
(a)
Identification
of Oregon and California Railroad grant land
Not later than 180 days
after the date of enactment of this Act, the Secretary of Agriculture and
the
Secretary shall identify any Oregon and California Railroad
grant land that is conveyed under section 212.
(b)
Identification
of public domain land
Not later than 18 months after the date of
enactment of this Act, the Secretary shall identify public domain land
that—
(1) is approximately
equal in acreage and condition as the land identified under subsection
(a);
and
(2) is located within
the planning area.
(c)
Maps
Not
later than 2 years after the date of enactment of this Act, the Secretary
shall
submit to Congress and publish in the Federal Register 1 or more maps
depicting
the land identified in subsections (a) and (b).
(d)
Reclassification
(1)
In
general
After providing an opportunity for public comment, the
Secretary shall reclassify the land identified in subsection (b) as Oregon
and California Railroad grant land.
(2)
Applicability
The
Act of August 28, 1937 (43 U.S.C. 1181a et seq.),
shall apply to land reclassified as Oregon and California
Railroad grant land under paragraph (1).
C
Amendments to Coquille
Restoration Act
221.
Amendments to Coquille
Restoration Act
Section 5(d)
of the Coquille Restoration Act (25 U.S.C. 715c(d)) is amended—
(1) by striking
paragraph (5) and inserting the following:
(5)
Management
(A)
In
general
Subject to subparagraph (B), the Secretary of the
Interior, acting through the Assistant Secretary for Indian
Affairs,
shall—
(i) manage the
Coquille Forest in accordance with the laws pertaining to the
management of
Indian trust land; and
(ii) distribute
revenues in accordance with the National Indian Forest Resources
Management Act
(25 U.S.C. 3101 et seq.).
(B)
Administration
(i)
Unprocessed
logs
Unprocessed logs harvested from the Coquille Forest shall be
subject to the same Federal statutory restrictions on export to
foreign nations
that apply to unprocessed logs harvested from Federal land.
(ii)
Sales of
timber
Notwithstanding any other provision of law, all sales of
timber from land subject to this subsection shall be advertised,
offered, and
awarded according to competitive bidding practices, with sales
being awarded to
the highest responsible
bidder.
;
(2) by striking
paragraph (9); and
(3) by redesignating
paragraphs (10) through (12) as paragraphs (9) through (11),
respectively.
III
Oregon treasures
A
Wild Rogue Wilderness Area
301.
Wild Rogue Wilderness Area
(a)
Definitions
In this section:
(1)
Commission
The term Commission means the Federal Energy Regulatory Commission.
(2)
Map
The term map means the map entitled Wild Rogue Wilderness Additions and dated June 12, 2013.
(3)
Secretary
The term Secretary means—
(A) the Secretary of the Interior, with respect to public land administered by the Secretary of the
Interior; or
(B) the Secretary of Agriculture, with respect to National Forest System land.
(4)
Wilderness additions
The term Wilderness additions means the land added to the Wild Rogue Wilderness under subsection (b)(1).
(b)
Expansion of wild rogue wilderness area
(1)
Expansion
The approximately 56,100 acres of Federal land in the State of Oregon generally depicted on the map
as BLM Proposed Wilderness and Proposed USFS Wilderness shall be added to and administered as part of the Wild Rogue Wilderness in accordance with Public
Law 95–237 (16 U.S.C. 1132 note; 92 Stat. 43), except that—
(A) the Secretary of the Interior and the Secretary of Agriculture shall administer the Federal land
under their respective jurisdiction; and
(B) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to
the Secretary of Agriculture or the Secretary of the Interior, as
applicable.
(2)
Map; legal description
(A)
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map
and legal description of the wilderness area designated by paragraph (1).
(B)
Force of law
The map and legal description filed under subparagraph (A) shall have the same force and effect as
if included in this section, except that the Secretary may correct
typographical errors in the map and legal description.
(C)
Public availability
The map and legal description filed under subparagraph (A) shall be on file and available for
public inspection in the appropriate offices of the Bureau of Land
Management and Forest Service.
(3)
Correction
Section 3(b) of the Endangered American Wilderness Act of 1978 (16 U.S.C. 1132 note; Public Law
95–237; 92 Stat. 43) is amended by striking 3(a)(5) and inserting 3(a)(5)(A).
(4)
Withdrawal
Subject to valid existing rights, the Wilderness additions are withdrawn from all forms of—
(A) entry, appropriation, or disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
(5)
Tribal rights
Nothing in this subsection alters, modifies, enlarges, diminishes, or abrogates the treaty rights
of any Indian tribe.
(c)
Potential addition to wilderness area
(1)
Designation
Subject to paragraph (3) and in furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131
et seq.), certain public land in the State of Oregon administered by the
Secretary of the Interior, compromising approximately 600 acres, as
generally depicted on the map as Potential Wilderness, shall be added to and administered as part of the Wild Rogue Wilderness.
(2)
Interim management
Subject to valid existing rights, the Secretary shall manage the land described in paragraph (1) to
protect its suitability for designation as wilderness until the date on
which the land is designated as wilderness in accordance with paragraph
(3).
(3)
Wilderness designation
(A)
In general
The land described in paragraph (1) shall be designated as wilderness and added to and administered
as part of the Wild Rogue Wilderness on the date on which the Secretary
publishes in the Federal Register notice that the conditions in the
potential wilderness area that are incompatible with the Wilderness Act
(16 U.S.C. 1131 et seq.) have been removed.
(B)
Administration
On designation as wilderness under paragraph (1), the land described in that paragraph shall be
administered in accordance with this Act, the Wilderness Act (16 U.S.C.
1131 et seq.), and Public Law 95–237 (16 U.S.C. 1132 note; 92 Stat. 40).
(4)
Withdrawal
Subject to valid existing rights, the land described in paragraph (1) is withdrawn from all forms
of—
(A) entry, appropriation, or disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
(d)
Withdrawal area protections
(1)
In general
The Secretary shall manage the Federal land described in paragraph (2) in a manner that preserves
the natural and primitive character of the land for recreational, scenic,
and scientific use.
(2)
Description of the land
The Federal land referred to in paragraph (1) is the approximately 4,000 acres generally depicted
on the map as Withdrawal Area.
(3)
Maps and legal descriptions
(A)
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map
and legal description of the land described in paragraph (2).
(B)
Force of law
The map and legal description filed under subparagraph (A) shall have the same force and effect as
if included in this section, except that the Secretary may correct
typographical errors in the map and legal description.
(C)
Public availability
The map and legal description filed under subparagraph (A) shall be on file and available for
public inspection in the appropriate offices of the Bureau of Land
Management.
(4)
Use of land
(A)
In general
Subject to valid existing rights, with respect to the Federal land described in paragraph (2), the
Secretary shall only allow uses that are consistent with the purposes
described in paragraph (1).
(B)
Prohibited uses
The following shall be prohibited on the Federal land described in paragraph (2):
(i) Permanent roads.
(ii) Commercial enterprises.
(iii) Except as necessary to meet the minimum requirements for the administration of the Federal land and
to protect public health and safety—
(I) the use of motor vehicles; or
(II) the establishment of temporary roads.
(5)
Withdrawal
Subject to valid existing rights, the Federal land described in paragraph (2) is withdrawn from—
(A) all forms of entry, appropriation, or disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws relating to mineral and geothermal leasing or mineral materials.
(e)
Wild and scenic river designations, rogue river area
(1)
Amendments
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph
(5) and inserting the following:
(5)
Rogue, oregon
(A)
In general
The segment of the river extending from the mouth of the Applegate River downstream to the Lobster
Creek Bridge, to be administered by the Secretary of the Interior or the
Secretary of Agriculture, as agreed to by the Secretaries of the Interior
and Agriculture or as directed by the President.
(B)
Additions
In addition to the segment described in subparagraph (A), there are designated the following
segments in the Rogue River:
(i)
Kelsey creek
The approximately 4.8-mile segment of Kelsey Creek from the east section line of T. 32 S., R. 9 W.,
sec. 34, Willamette Meridian, to the confluence with the Rogue River, as a
wild river.
(ii)
East fork kelsey creek
The approximately 4.6-mile segment of East Fork Kelsey Creek from the Wild Rogue Wilderness
boundary in T. 33 S., R. 8 W., sec. 5, Willamette Meridian, to the
confluence with Kelsey Creek, as a wild river.
(iii)
Whisky creek
(I)
Recreational river
The approximately 0.6-mile segment of Whisky Creek from the confluence of the East Fork and West
Fork to 0.1 miles downstream from road 33-8-23, as a recreational river.
(II)
Wild river
The approximately 1.9-mile segment of Whisky Creek from 0.1 miles downstream from road 33-8-23 to
the confluence with the Rogue River, as a wild river.
(iv)
East fork whisky creek
(I)
Wild river
The approximately 2.6-mile segment of East Fork Whisky Creek from the Wild Rogue Wilderness
boundary in T. 33 S., R. 8 W., sec. 11, Willamette Meridian., to 0.1 miles
downstream of road 33-8-26 crossing, as a wild river.
(II)
Recreational river
The approximately 0.3-mile segment of East Fork Whisky Creek from 0.1 miles downstream of road
33-8-26 to the confluence with Whisky Creek, as a recreational river.
(v)
West fork whisky creek
The approximately 4.8-mile segment of West Fork Whisky Creek from its headwaters to the confluence
with Whisky Creek, as a wild river.
(vi)
Big windy creek
(I)
Scenic river
The approximately 1.5-mile segment of Big Windy Creek from its headwaters to 0.1 miles downstream
from road 34-9-17.1, as a scenic river.
(II)
Wild river
The approximately 5.8-mile segment of Big Windy Creek from 0.1 miles downstream from road 34-9-17.1
to the confluence with the Rogue River, as a wild river.
(vii)
East fork big windy creek
(I)
Scenic river
The approximately 0.2-mile segment of East Fork Big Windy Creek from its headwaters to 0.1 miles
downstream from road 34-8-36, as a scenic river.
(II)
Wild river
The approximately 3.7-mile segment of East Fork Big Windy Creek from 0.1 miles downstream from road
34-8-36 to the confluence with Big Windy Creek, as a wild river.
(viii)
Little windy creek
The approximately 1.9-mile segment of Little Windy Creek from 0.1 miles downstream of road 34-8-36
to the confluence with the Rogue River, as a wild river.
(ix)
Howard creek
(I)
Scenic river
The approximately 0.3-mile segment of Howard Creek from its headwaters to 0.1 miles downstream of
road 34-9-34, as a scenic river.
(II)
Wild river
The approximately 6.9-mile segment of Howard Creek from 0.1 miles downstream of road 34-9-34 to the
confluence with the Rogue River, as a wild river.
(x)
Mule creek
The approximately 6.3-mile segment of Mule Creek from the east section line of T. 32 S., R. 10 W.,
sec. 25, Willamette Meridian, to the confluence with the Rogue River, as a
wild river.
(xi)
Anna creek
The approximately 3.5-mile segment of Anna Creek from its headwaters to the confluence with Howard
Creek, as a wild river.
(xii)
Missouri creek
The approximately 1.6-mile segment of Missouri Creek from the Wild Rogue Wilderness boundary in T.
33 S., R. 10 W., sec. 24, Willamette Meridian, to the confluence with the
Rogue River, as a wild river.
(xiii)
Jenny creek
The approximately 1.8-mile segment of Jenny Creek from the Wild Rogue Wilderness boundary in T. 33
S., R. 9 W., sec.28, Willamette Meridian, to the confluence with the Rogue
River, as a wild river.
(xiv)
Rum creek
The approximately 2.2-mile segment of Rum Creek from the Wild Rogue Wilderness boundary in T. 34
S., R. 8 W., sec. 9, Willamette Meridian, to the confluence with the Rogue
River, as a wild river.
(xv)
East fork rum creek
The approximately 1.3-mile segment of East Rum Creek from the Wild Rogue Wilderness boundary in T.
34 S., R. 8 W., sec. 10, Willamette Meridian, to the confluence with Rum
Creek, as a wild river.
(xvi)
Wildcat creek
The approximately 1.7-mile segment of Wildcat Creek from its headwaters downstream to the
confluence with the Rogue River, as a wild river.
(xvii)
Montgomery creek
The approximately 1.8-mile segment of Montgomery Creek from its headwaters downstream to the
confluence with the Rogue River, as a wild river.
(xviii)
Hewitt creek
The approximately 1.2-mile segment of Hewitt Creek from the Wild Rogue Wilderness boundary in T. 33
S., R. 9 W., sec. 19, Willamette Meridian, to the confluence with the
Rogue River, as a wild river.
(xix)
Bunker creek
The approximately 6.6-mile segment of Bunker Creek from its headwaters to the confluence with the
Rogue River, as a wild river.
(xx)
Dulog creek
(I)
Scenic river
The approximately 0.8-mile segment of Dulog Creek from its headwaters to 0.1 miles downstream of
road 34-8-36, as a scenic river.
(II)
Wild river
The approximately 1.0-mile segment of Dulog Creek from 0.1 miles downstream of road 34-8-36 to the
confluence with the Rogue River, as a wild river.
(xxi)
Quail creek
The approximately 1.7-mile segment of Quail Creek from the Wild Rogue Wilderness boundary in T. 33
S., R. 10 W., sec. 1, Willamette Meridian, to the confluence with the
Rogue River, as a wild river.
(xxii)
Meadow creek
The approximately 4.1-mile segment of Meadow Creek from its headwaters to the confluence with the
Rogue River, as a wild river.
(xxiii)
Russian creek
The approximately 2.5-mile segment of Russian Creek from the Wild Rogue Wilderness boundary in T.
33 S., R. 8 W., sec. 20, Willamette Meridian, to the confluence with the
Rogue River, as a wild river.
(xxiv)
Alder creek
The approximately 1.2-mile segment of Alder Creek from its headwaters to the confluence with the
Rogue River, as a wild river.
(xxv)
Booze creek
The approximately 1.5-mile segment of Booze Creek from its headwaters to the confluence with the
Rogue River, as a wild river.
(xxvi)
Bronco creek
The approximately 1.8-mile segment of Bronco Creek from its headwaters to the confluence with the
Rogue River, as a wild river.
(xxvii)
Copsey creek
The approximately 1.5-mile segment of Copsey Creek from its headwaters to the confluence with the
Rogue River, as a wild river.
(xxviii)
Corral creek
The approximately 0.5-mile segment of Corral Creek from its headwaters to the confluence with the
Rogue River, as a wild river.
(xxix)
Cowley creek
The approximately 0.9-mile segment of Cowley Creek from its headwaters to the confluence with the
Rogue River, as a wild river.
(xxx)
Ditch creek
The approximately 1.8-mile segment of Ditch Creek from the Wild Rogue Wilderness boundary in T. 33
S., R. 9 W., sec. 5, Willamette Meridian, to its confluence with the Rogue
River, as a wild river.
(xxxi)
Francis creek
The approximately 0.9-mile segment of Francis Creek from its headwaters to the confluence with the
Rogue River, as a wild river.
(xxxii)
Long gulch
The approximately 1.1-mile segment of Long Gulch from the Wild Rogue Wilderness boundary in T. 33
S., R. 10 W., sec. 23, Willamette Meridian, to the confluence with the
Rogue River, as a wild river.
(xxxiii)
Bailey creek
The approximately 1.7-mile segment of Bailey Creek from the west section line of T. 34 S., R.8 W.,
sec.14, Willamette Meridian, to the confluence of the Rogue River, as a
wild river.
(xxxiv)
Shady creek
The approximately 0.7-mile segment of Shady Creek from its headwaters to the confluence with the
Rogue River, as a wild river.
(xxxv)
Slide creek
(I)
Scenic river
The approximately 0.5-mile segment of Slide Creek from its headwaters to 0.1 miles downstream from
road 33-9-6, as a scenic river.
(II)
Wild river
The approximately 0.7-mile section of Slide Creek from 0.1 miles downstream of road 33-9-6 to the
confluence with the Rogue River, as a wild river.
.
(2)
Management
Each river segment designated by subparagraph (B) of section 3(a)(5) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)(5)) (as added by paragraph (1)) shall be managed as
part of the Rogue Wild and Scenic River.
(3)
Withdrawal
Subject to valid existing rights, the Federal land within the boundaries of the river segments
designated under subparagraph (B) of section 3(a)(5) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by paragraph (1)) is
withdrawn from all forms of—
(A) entry, appropriation, or disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
(f)
Additional protections for rogue river tributaries
(1)
Licensing by commission
The Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse,
transmission line, or other project works on or directly affecting any
stream described in paragraph (4).
(2)
Other agencies
(A)
In general
No department or agency of the United States shall assist by loan, grant, license, or otherwise in
the construction of any water resources project on or directly affecting
any stream segment that is described in paragraph (4), except to maintain
or repair water resources projects in existence on the date of enactment
of this Act.
(B)
Effect
Nothing in this paragraph prohibits any department or agency of the United States in assisting by
loan, grant, license, or otherwise, a water resources project—
(i) the primary purpose of which is ecological or aquatic restoration; and
(ii) that provides a net benefit to water quality and aquatic resources.
(3)
Withdrawal
Subject to valid existing rights, the Federal land located within a 1/4 mile on either side of the stream segments described in paragraph (4), is withdrawn from all forms
of—
(A) entry, appropriation, or disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
(4)
Description of stream segments
The following are the stream segments referred to in paragraph (1):
(A)
Kelsey creek
The approximately 4.5-mile segment of Kelsey Creek from its headwaters to the east section line of
T. 32 S., R. 9 W., sec. 34.
(B)
East fork kelsey creek
The approximately 0.2-mile segment of East Fork Kelsey Creek from its headwaters to the Wild Rogue
Wilderness boundary in T. 33 S., R. 8 W., sec. 5.
(C)
East fork whisky creek
The approximately 0.9-mile segment of East Fork Whisky Creek from its headwaters to the Wild Rogue
Wilderness boundary in T. 33 S., R. 8 W., sec. 11.
(D)
Little windy creek
The approximately 1.2-mile segment of Little Windy Creek from its headwaters to the west section
line of T. 33 S., R. 9 W., sec. 34.
(E)
Mule creek
The approximately 5.1-mile segment of Mule Creek from its headwaters to the east section line of T.
32 S., R. 10 W., sec. 25.
(F)
Missouri creek
The approximately 3.1-mile segment of Missouri Creek from its headwaters to the Wild Rogue
Wilderness boundary in T. 33 S., R. 10 W., sec. 24.
(G)
Jenny creek
The approximately 3.1-mile segment of Jenny Creek from its headwaters to the Wild Rogue Wilderness
boundary in T. 33 S., R. 9 W., sec. 28.
(H)
Rum creek
The approximately 2.2-mile segment of Rum Creek from its headwaters to the Wild Rogue Wilderness
boundary in T. 34 S., R. 8 W., sec. 9.
(I)
East fork rum creek
The approximately 0.8-mile segment of East Fork Rum Creek from its headwaters to the Wild Rogue
Wilderness boundary in T. 34 S., R. 8 W., sec. 10.
(J)
Hewitt creek
The approximately 1.4-mile segment of Hewitt Creek from its headwaters to the Wild Rogue Wilderness
boundary in T. 33 S., R. 9 W., sec. 19.
(K)
Quail creek
The approximately 0.8-mile segment of Quail Creek from its headwaters to the Wild Rogue Wilderness
boundary in T. 33 S., R. 10 W., sec. 1.
(L)
Russian creek
The approximately 0.1-mile segment of Russian Creek from its headwaters to the Wild Rogue
Wilderness boundary in T. 33 S., R. 8 W., sec. 20.
(M)
Ditch creek
The approximately 0.7-mile segment of Ditch Creek from its headwaters to the Wild Rogue Wilderness
boundary in T. 33 S., R. 9 W., sec. 5.
(N)
Long gulch
The approximately 1.4-mile segment of Long Gulch from its headwaters to the Wild Rogue Wilderness
boundary in T. 33 S., R. 10 W., sec. 23.
(O)
Bailey creek
The approximately 1.4-mile segment of Bailey Creek from its headwaters to the west section line of
T. 34 S., R. 8 W., sec. 14.
(P)
Quartz creek
The approximately 3.3-mile segment of Quartz Creek from its headwaters to its confluence with the
North Fork Galice Creek.
(Q)
North fork galice creek
The approximately 5.7-mile segment of the North Fork Galice Creek from its headwaters to its
confluence with Galice Creek.
(R)
Grave creek
The approximately 10.2-mile segment of Grave Creek from the confluence of Wolf Creek downstream to
the confluence with the Rogue River.
(S)
Centennial gulch
The approximately 2.2-mile segment of Centennial Gulch from its headwaters to its confluence with
the Rogue River.
(T)
Galice creek
The approximately 2.2-mile segment of Galice Creek from the confluence with the South Fork Galice
Creek downstream to the Rogue River.
B
Devil’s Staircase Wilderness
311.
Definitions
In this subtitle:
(1)
Map
The term map means the map
entitled Devil’s Staircase Wilderness Proposal and dated June 15,
2010.
(2)
Secretary
The term Secretary
means—
(A) with respect to land under the jurisdiction
of the Secretary of Agriculture, the Secretary of Agriculture; and
(B) with respect to land under the jurisdiction
of the Secretary of the Interior, the Secretary of the Interior.
(3)
State
The term State means the State
of Oregon.
(4)
Wilderness
The term Wilderness means the
Devil’s Staircase Wilderness designated by section 312(a).
312.
Devil’s Staircase Wilderness,
Oregon
(a)
Designation
In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the approximately 30,540 acres of Forest Service
land and
Bureau of Land Management land in the State, as generally depicted on the
map,
is designated as wilderness and as a component of the National Wilderness
Preservation System, to be known as the Devil’s Staircase
Wilderness.
(b)
Map; legal description
(1)
In general
As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map and legal
description
of the Wilderness.
(2)
Force of law
The map and legal description prepared
under paragraph (1) shall have the same force and effect as if included in
this
Act, except that the Secretary may correct clerical and typographical
errors in
the map and legal description.
(3)
Availability
The map and legal description prepared
under paragraph (1) shall be on file and available for public inspection
in the
appropriate offices of the Forest Service and Bureau of Land Management.
(c)
Administration
Subject to valid existing rights, the area
designated as wilderness by this section shall be administered by the
Secretary
in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except
that—
(1) any reference in that Act to the effective
date shall be considered to be a reference to the date of enactment of
this
Act; and
(2) any reference in that Act to the Secretary
of Agriculture shall be considered to be a reference to the Secretary that
has
jurisdiction over the land within the Wilderness.
(d)
Fish and Wildlife
Nothing in this section affects the
jurisdiction or responsibilities of the State with respect to fish and
wildlife
in the State.
(e)
Adjacent management
(1)
In general
Nothing in this section creates any
protective perimeter or buffer zone around the Wilderness.
(2)
Activities outside wilderness
The fact that a nonwilderness activity or
use on land outside the Wilderness can be seen or heard within the
Wilderness
shall not preclude the activity or use outside the boundary of the
Wilderness.
(f)
Protection of Tribal Rights
Nothing in this section diminishes any
treaty rights of an Indian tribe.
(g)
Transfer of administrative
jurisdiction
(1)
In general
Administrative jurisdiction over the
approximately 49 acres of Bureau of Land Management land north of the
Umpqua
River in sec. 32, T. 21 S., R. 11 W, is transferred from the Bureau of
Land
Management to the Forest Service.
(2)
Administration
The Secretary shall administer the land
transferred by paragraph (1) in accordance with—
(A) the Act of March 1, 1911 (commonly known as
the Weeks Law) (16 U.S.C. 480 et seq.); and
(B) any laws (including regulations) applicable
to the National Forest System.
313.
Wild and Scenic River designations, Wasson
Creek and Franklin Creek, Oregon
Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) (as amended by section 103(a)) is amended by
adding at the end the following:
(214)
Franklin Creek, Oregon
The 4.5-mile segment from its headwaters to
the line of angle points within sec. 8, T. 22 S., R. 10 W., shown
on the survey
recorded in the Official Records of Douglas County, Oregon, as
M64–62, to be
administered by the Secretary of Agriculture as a wild river.
(215)
Wasson Creek, Oregon
The 10.1-mile segment in the following
classes:
(A) The 4.2-mile segment from the eastern
boundary of sec. 17, T. 21 S., R. 9 W., downstream to the western
boundary of
sec. 12, T. 21 S., R. 10 W., to be administered by the Secretary of
the
Interior as a wild river.
(B) The 5.9-mile segment from the western
boundary of sec. 12, T. 21 S., R. 10 W., downstream to the eastern
boundary of
the northwest quarter of sec. 22, T. 21 S., R. 10 W., to be
administered by the
Secretary of Agriculture as a wild
river.
.
C
Additional wild and scenic river designations and technical corrections
321.
Designation of Wild and Scenic River segments, Molalla River, Oregon
(a)
In general
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end
the following:
(208)
Molalla river, oregon
(A)
In general
The following segments in the State of Oregon, to be administered by the Secretary of the Interior
as a recreational river:
(i)
Molalla river
The approximately 15.1-mile segment from the southern boundary line of T. 7 S., R. 4 E., sec. 19,
downstream to the edge of the Bureau of Land Management boundary in T. 6
S., R. 3 E., sec. 7.
(ii)
Table rock fork molalla river
The approximately 6.2-mile segment from the easternmost Bureau of Land Management boundary line in
the NE 1/4 sec. 4, T. 7 S., R. 4 E., downstream to the confluence with the Molalla River.
(B)
Withdrawal
Subject to valid existing rights, the Federal land within the boundaries of the river segments
designated by subparagraph (A) is withdrawn from all forms of—
(i) entry, appropriation, or disposal under the public land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) disposition under all laws relating to mineral and geothermal leasing or mineral materials.
.
(b)
Technical corrections
Section 3(a)(102) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(102)) is amended—
(1) in the heading, by striking Squaw creek and inserting Whychus creek;
(2) in the matter preceding subparagraph (A), by striking McAllister Ditch, including the Soap Fork Squaw Creek, the North Fork, the South Fork, the East and
West Forks of Park Creek, and Park Creek Fork and inserting Plainview Ditch, including the Soap Creek, the North and South Forks of Whychus Creek, the East and
West Forks of Park Creek, and Park Creek; and
(3) in subparagraph (B), by striking McAllister Ditch and inserting Plainview Ditch.
322.
Technical corrections to the Wild and Scenic Rivers Act
Section 3(a)(69) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(69)) is amended—
(1) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and
indenting appropriately;
(2) in the matter preceding clause (i) (as so redesignated), by striking The 44.5-mile and inserting the following:
(A)
Designations
The 44.5-mile
;
(3) in clause (i) (as so redesignated)—
(A) by striking 25.5-mile and inserting 27.5-mile; and
(B) by striking Boulder Creek at the Kalmiopsis Wilderness boundary and inserting Mislatnah Creek;
(4) in clause (ii) (as so redesignated)—
(A) by striking 8-mile and inserting 7.5-mile; and
(B) by striking Boulder Creek to Steel Bridge and inserting Mislatnah Creek to Eagle Creek;
(5) in clause (iii) (as so redesignated)—
(A) by striking 11-mile and inserting 9.5-mile; and
(B) by striking Steel Bridge and inserting Eagle Creek; and
(6) by adding at the end the following:
(B)
Withdrawal
Subject to valid rights, the Federal land within the boundaries of the river segments designated by
subparagraph (A), is withdrawn from all forms of—
(i) entry, appropriation, or disposal under the public land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
.
1.
Short title; table of contents
(a)
Short title
This Act may be cited as the
Oregon and California Land Grant Act of 2014.
(b)
Table of contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.TITLE I—Management on Oregon and California Railroad and Coos Bay Wagon Road grant landSec. 101. Management of Oregon and California Railroad and Coos Bay Wagon Road grant land.Sec. 1. Short title.Sec. 2. Definitions.Sec. 3. Land management.Sec. 4. Aquatic and riparian protection.Sec. 5. Notice of intent.Sec. 6. Landscape prioritization plans.Sec. 7. Objections; O&C administrative review process; judicial review.Sec. 8. Moist Forestry Emphasis Area.Sec. 9. Dry Forestry Emphasis Area.Sec. 10. Conservation Emphasis Areas.Sec. 11. Land management rationalization.Sec. 12. Distribution of funds.Sec. 102. Designation of wild and scenic rivers.TITLE II—Tribal landSubtitle A—Oregon Coastal Land ConveyanceSec. 201. Definitions.Sec. 202. Conveyance.Sec. 203. Map and legal description.Sec. 204. Administration.Sec. 205. Forest management.Subtitle B—Canyon Mountain Land ConveyanceSec. 211. Definitions.Sec. 212. Conveyance.Sec. 213. Map and legal description.Sec. 214. Administration.Sec. 215. Forest management.Subtitle C—Amendments to Coquille Restoration ActSec. 221. Amendments to Coquille Restoration Act.TITLE III—Oregon treasuresSubtitle A—Wild Rogue Wilderness areaSec. 301. Wild Rogue Wilderness area.Subtitle B—Devil’s Staircase WildernessSec. 311. Definitions.Sec. 312. Devil’s Staircase Wilderness, Oregon.Sec. 313. Wild and scenic river designations, Wasson Creek and Franklin Creek, Oregon.Subtitle C—Additional wild and scenic river designations and technical correctionsSec. 321. Designation of wild and scenic river segments, Molalla River, Oregon.Sec. 322. Technical corrections to the Wild and Scenic Rivers Act.Subtitle D—Frank Moore Wild Steelhead SanctuarySec. 331. Definitions.Sec. 332. Frank Moore Wild Steelhead Sanctuary, Oregon.
I
Management on Oregon and California Railroad and Coos Bay Wagon Road grant land
101.
Management of Oregon and California Railroad and Coos Bay Wagon Road grant land
(a)
In general
The Act of August 28, 1937 (43 U.S.C. 1181a et seq.), is amended—
(1) by redesignating sections 2, 4, and 5 (43 U.S.C. 1181b, 1181d, 1181e) as sections 13, 14, and
15, respectively; and
(2) by striking the first section and inserting the following:
1.
Short title
This Act may be cited as the Oregon and California Land Grant Act of 2014.
2.
Definitions
In this Act:
(1)
80 Year old age class
The term 80 year old age class, following the common usage by the Bureau of Land Management, means a group of trees of which the
average age of the dominant trees is 75 to 85 years old, comprising part
of or an entire stand.
(2)
90 Year old age class
The term 90 year old age class, following the common usage by the Bureau of Land Management, means a group of trees of which the
average age of the dominant trees is 85 to 95 years old, comprising part
of or an entire stand.
(3)
Adjacent private land
The term adjacent private land means any privately owned land that is—
(A) contiguous to covered land as defined in this Act; or
(B) situated so that it is reasonably necessary to use covered land as defined in this Act to access
the privately owned land.
(4)
Agency action
The term agency action has the meaning given the term in section 551 of title 5, United States Code.
(5)
Archeological site
The term archeological site means any district, site, building, structure, or object that is included, or eligible for
inclusion, in the National Register under section 106 of the National
Historic Preservation Act (16 U.S.C. 470f).
(6)
Conservation emphasis area
The term Conservation Emphasis Area means the lands allocated for various purposes in section 10, except for subsection (f), and
generally depicted on the map entitled O & C Land Grant Act of 2014: Conservation Emphasis Areas and dated November 3, 2014 and the lands generally depicted on the map entitled ‘O & C Land Grant Act of 2014: Late Successional Old-Growth Forest Heritage Areas and dated November 3,
2014.
(7)
Covered agency action
The term covered agency action means an agency action carried out by the Secretary, through the U.S. Bureau of Land Management or
U.S. Fish and Wildlife Service, relating to the management of vegetation
on covered land.
(8)
Covered civil action
The term covered civil action means a civil action seeking judicial review of a covered agency action.
(9)
Covered land
The term covered land means the approximately 2,800,000 acres of land designated as Oregon and California Railroad and Coos Bay Wagon Road grant land, generally depicted as covered lands on the map entitled O & C Land Grant Act of 2014 and dated November 3, 2014, which includes the approximately 410,000 acres of the Public Domain
and acquired lands in section 3(d), the approximately 72,000 acres of the
reconveyed Coos Bay Wagon Road grant land that is under the jurisdiction
of the Department, and the approximately 311,500 acres of final BLM land,
formerly Forest Service and Army Corps of Engineers land, denoted in
section 11 of this Act entitled Land Management Rationalization all to be designated O&C lands; provided further any lands later acquired by the Secretary surrounding the area generally
depicted on this map shall also be covered lands and designated O&C lands; and further provided that any lands otherwise intended to be accepted into the O&C lands land base also be considered covered land by this Act.
(10)
Decommission
The term decommission, with respect to a road, means to restore any natural drainage, watershed function, or other
ecological process that has been disrupted or adversely impacted by the
road by—
(A) removing or hydrologically disconnecting the road prism;
(B) reestablishing vegetation on the former road prism; and
(C) using the best available science to restore the integrity and form of associated hill slopes,
channels, and floodplains.
(11)
Department
The term Department means the Department of the Interior.
(12)
Dry forest emphasis areas
The term Dry Forests means the land that is labeled as Dry Forest on the map entitled O & C Land Grant Act of 2014: Moist Forests and Dry Forests and dated November 3, 2014 and that is located within the area labeled as Forestry Emphasis Area on the map entitled O & C Land Grant Act of 2014: Forestry Emphasis Areas and dated November 3, 2014.
(13)
Forest health
The term forest health means conditions that enable forested land—
(A) to be durable, resilient, and less prone to uncharacteristic wildfire, insect, or pathogen events,
while—
(i) supporting ecosystem services and populations of native species; and
(ii) allowing for natural disturbances;
(B) to maintain or develop species composition, ecosystem function and structure, hydrologic function,
and sediment regimes that are within an acceptable range that considers—
(i) historic variability; and
(ii) anticipated future conditions.
(14)
Forest management
The term forest management, with respect to the activities of adjacent private land owners, means any activity or plan
reasonably necessary for the prudent management, upkeep, and use of
forested land, including—
(A) timber harvesting, thinning, reforestation, vegetation and pest management, and other silvicultural
activities;
(B) development and harvest of other forest resources and products;
(C) fire prevention and suppression activities; and
(D) installing, constructing, maintaining, improving, and reconstructing—
(i) roads;
(ii) landings;
(iii) yarding corridors and wedges;
(iv) guyline supports; and
(v) tail holds for permanent or temporary use that are reasonably necessary for prudent land
management.
(15)
Late successional old-growth forest
The term late successional old-growth forest means a stand of trees equal to or greater than 1/4 acre in size and with a 90-year or older age class of trees as of the date of enactment of the
Oregon and California Land Grant Act of 2014.
(16)
Legacy tree
The term legacy tree means a live tree that is determined to be equal to or greater than 150 years of age, or a dead
tree that is estimated to have been 150 years or older when it died.
(17)
Moist forestry emphasis area
The term Moist Forestry Emphasis Area means the land that is labeled as Moist Forest on the map entitled O & C Land Grant Act of 2014: Moist Forests and Dry Forests and dated November 3, 2014 and that is located within the area labeled as Forestry Emphasis Area on the map entitled O & C Land Grant Act of 2014: Forestry Emphasis Areas and dated November 3, 2014, excluding the lands generally depicted on the map entitled ‘O & C Land Grant Act of 2014: Late Successional Old-Growth Forest Heritage Areas and dated November 3,
2014.
(18)
Place into storage
The term place into storage, with respect to a road, means—
(A) to maintain the road in order to prevent resource damage; but
(B) to alter the road to eliminate all vehicular traffic by—
(i) for purposes of controlling erosion—
(I) installing appropriate water control structures, such as water bars; or
(II) ensuring the surface of the road slopes such that water quickly drains off the surface of the road;
(ii) for purposes of preventing access by vehicles—
(I) blocking the entrance of the road; and
(II) scattering slash atop the road surface; and
(iii) for purposes of restoring native vegetation—
(I) scarifying lightly the surface of the road;
(II) seeding the surface of the road, as needed; and
(III) treating noxious weeds.
(19)
Residence
The term residence means a privately owned, permanent structure that is maintained for habitation as a dwelling or
workplace.
(20)
Salmon
The term salmon means any of the wild Oncorhynchus species that occur in the State of Oregon.
(21)
Secretary
The term Secretary means the Secretary of the Interior, acting through the Director of the Bureau of Land Management,
or her designee.
(22)
Site-potential tree
The term site-potential tree means the average dominant tree, modeled at 200 years of age, for a given site class.
(23)
Source water emphasis area
The term Source Water Emphasis Area means the areas identified as Source Water Emphasis Area on the map entitled O&C Land Grant Act of 2014: Source Water Emphasis Areas and dated November 3, 2014.
(24)
Sustained yield
The term sustained yield means the definition of sustained yield under the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.) applying the ecological forestry principles and
other provisions of this Act.
(25)
Timber-by-product
The term timber-by-product means timber produced as a consequence of vegetative treatments or other management actions
undertaken solely to achieve ecological goals.
(26)
Tree tipping and tree felling activity
The term tree tipping and tree felling activity means any activity relating to the intentional felling and placement of a tree in a stream or on
the forest floor during a timber harvest operation for the purposes of
fish or stream or riparian habitat improvement.
(27)
Vegetation management project
The term vegetation management project means an activity carried out on covered land that involves the cutting of vegetation to achieve
the purposes of this Act.
3.
Land management
(a)
In general
Notwithstanding the Act of June 9, 1916 (39 Stat. 218, chapter 137), and the Act of February 26,
1919 (40 Stat. 1179, chapter 47), any portion of the revested Oregon and
California Railroad grant land or the reconveyed Coos Bay Wagon Road grant
land that is under the jurisdiction of the Department, here to for part of
the covered land as defined in this Act, shall be managed in accordance
with this Act.
(b)
Management
The purposes of lands managed through this Act are to provide collectively certainty and economic
stability for local communities and industries, fish and wildlife
benefits, improved ecological and hydrological function and health,
improved forest health, municipal and community drinking water, permanent
forest production for identified forestry areas, protection of watersheds
and regulation of stream flow, and recreational opportunities.
(c)
Applicability of survey and manage requirements under the northwest forest plan
The document entitled Northwest Forest Plan Survey and Manage Mitigation Measure Standard and Guidelines shall not apply to any—
(1) Dry Forestry Emphasis Area; or
(2) Moist Forestry Emphasis Area.
(d)
Public domain and acquired land, coos bay wagon road lands, and land management rationalization
lands
Any Federal public land generally depicted as covered lands on the map entitled O & C Land Grant Act of 2014 and dated November 3, 2014, that is not designated as Oregon and California Railroad grant lands
under the Act of August 28, 1937 (43 U.S.C. 1181a et seq.), as of the date
of enactment of the Oregon and California Land Grant Act of 2014 shall be
designated as Oregon and California Railroad grant lands and managed as
covered land under this Act.
(e)
Restrictions regarding late successional old growth forest and legacy trees
(1)
In general
The Secretary may not cut or remove late successional old-growth forests within any land designated
under section 4(a)(3)(A) and (B), section 8, within the Late Successional
Old Growth Heritage Forest Reserve or section 10 of this Act, allowing
action—
(A) for public safety purposes; or
(B) to fulfill existing obligations pursuant to agreements affecting adjacent
private lands.
(2)
Forest management of legacy trees
(A)
In moist forests
(i) Legacy trees shall not be cut in areas designated under section 4(a)(3)(A) and (B), allowing
action for—
(I) safety purposes; or
(II) tree tipping and felling activities.
(ii) When legacy trees are located within a Moist Forest Emphasis Area the Secretary
shall, to the greatest extent practicable, protect legacy
trees by using them to meet the retention
requirements applicable under section 8.
(B)
In dry forests
When legacy trees are located within a Dry Forest Emphasis Area the Secretary shall where
appropriate protect legacy trees by using trees to meet the
retention requirements applicable under section 9.
(f)
Compliance with existing laws
Nothing in this Act modifies any obligation—
(1) of the Secretary to prepare or implement a land use plan in accordance with section 202 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712);
(2) under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(3) under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); or
(4) under other law, except as expressly provided in this Act in regard to other law.
(g)
Effect on previous designations
If there is a conflict between any portion of this Act and land protection designations included in
the National Landscape Conservation System or boundaries for such
designations, the more protective provision shall control.
(h)
Adjacent private land landowner actions
(1)
In general
Without a permit from the Secretary, a person may enter and treat adjacent Federal land in a Dry or
Moist Forestry Emphasis Area that is located within 100 feet of the
residence of that person if—
(A) the residence is in existence on the date of enactment of the Oregon and California Land Grant Act
of 2014;
(B) the treatment is carried out at the expense of the person;
(C) the person notifies the Secretary of the intent to treat that land; and
(D) the Secretary has adequate supervisory, monitoring, and enforcement resources to ensure that the
person carries out the treatment activities in accordance with paragraph
(3).
(2)
Notice
(A)
In general
Not less than 30 days before beginning to treat land described in paragraph (1), the person shall
notify, in writing, the Secretary of the intention of that person to treat
that land.
(B)
Additional notification
The person shall also notify the Secretary not less than 14 days before beginning the treatment.
(C)
Commencement
On receiving a notification to treat land under paragraph (h), the Secretary, if the requirements
of paragraph (1)(D) are satisfied, shall inform the person of the
treatment requirements in paragraph (3).
(3)
Treatment
A person treating land described in paragraph (1) shall carry out the treatment in accordance with
the following requirements:
(A) No dead tree, nest tree, legacy tree, or tree greater than 16 inches in diameter shall be cut.
(B) No herbicide or insecticide application shall be used.
(C) Vegetation shall be cut so that—
(i) less flammable species are favored for retention; and
(ii) the adequate height and spacing between bushes and trees are maintained.
(D) Any residual trees shall be pruned—
(i) to a height of the lesser of 10 feet or 50 percent of the crown height of the tree; and
(ii) so that all parts of the tree are at not less than 10 feet away from the residence.
(E) All slash created from treatment activities under this subparagraph shall be removed or treated not
later than 60 days after the date on which the slash is created.
(F) Any material of commercial value generated by the activity authorized in paragraph (1) is the
property of the United States.
(i)
Redesignations of moist forestry emphasis area and dry forestry emphasis area lands
(1)
Authorization to redesignate
(A)
Evaluation required
Not later than 5 years after the date of enactment of the Oregon and California Land Grant Act of
2014 and every 5 years thereafter, the Secretary—
(i) shall evaluate the initial assignments of Dry Forest and Moist Forest on the map entitled O&C Land Grant Act of 2014: Moist Forest and Dry Forest and dated November 3, 2014, and
(ii) may, as the Secretary determines to be necessary and in accordance with the criteria described in
paragraph (2)—
(I) redesignate Moist Forestry Emphasis Area land as Dry Forestry Emphasis Area land; and
(II) redesignate Dry Forestry Emphasis Area land as Moist Forestry Emphasis Area land.
(B)
Field examination
In addition to adjustments authorized under subparagraph (A), the Secretary may adjust dry and
moist forest assignments in specific locations within a vegetation
management project based on an on-the-ground field examination by the
Secretary.
(2)
Criteria
(A)
In general
In redesignating land as Moist Forestry Emphasis Area or Dry Forestry Emphasis Area, the Secretary
shall use the criteria described in this paragraph.
(B)
Moist forestry emphasis area
For purposes of this subsection, land in the Moist Forestry Emphasis Area generally—
(i)
(I) would have historically experienced infrequent wildfires at intervals that are greater than 100
years; and
(II) these wildfires would have included significant areas of partial or complete stand-replacement
intensity; and
(ii) dominated by 1 or more of the following plant association groups:
(I) The Western Hemlock (Tsuga heterophylla) series.
(II) The Sitka Spruce (Picea sitchensis) series.
(III) The Western Red cedar (Thuja plicata) series.
(IV) The Pacific Silver Fir (Abies amabilis) series.
(V) The Mountain Hemlock (Tsuga mertensiana) series.
(VI) The Subalpine Fir-Engelmann Spruce (Abies lasiocarpa-Picea engelmannii) series.
(VII) The Tanoak (Lithocarpus densiflorus) series.
(VIII) The Moist Grand Fir (Abies grandis) plant association group.
(IX) The Moist White Fir (Abies concolor) plant association group.
(C)
Dry forestry emphasis area
For purposes of this subsection, land in the Dry Forestry Emphasis Area generally—
(i)
(I) would have historically experienced relatively frequent wildfires; and
(II) these wildfires would have been predominantly low or mixed in severity; and
(ii) dominated by 1 or more of the following plant association groups:
(I) The Moist Grand Fir (Abies grandis) plant association group.
(II) The Moist White Fir (Abies concolor) plant association group.
(III) The Ponderosa Pine (Pinus ponderosa) series.
(IV) The Oregon White Oak (Quercus garryana) series.
(V) The Douglas-fir (Pseudotsuga menziesii) series.
(VI) The Jeffrey Pine (Pinus jeffreyi) series.
(VII) The Dry Grand Fir (Abies grandis) plant association group.
(VIII) The Dry White Fir (Abies concolor) plant association group.
(D)
Mixed forests
(i)
In general
For purposes of this subsection, the Secretary may consider land that contains a Moist Grand Fir or
a Moist White Fir plant association group as Moist Forestry Emphasis Area
or Dry Forestry Emphasis Area based on the condition of the land,
landscape context, or management goals.
(ii)
Mixed forests
For land that meets criteria under both subparagraph (B) and (C), the Secretary may choose to
categorize the land as either Moist Forestry Emphasis Area or Dry Forestry
Emphasis Area to align with the designations of adjacent covered land.
(3)
Public comment
In carrying out subsection (i)(1)(A), the Secretary shall provide the public a period of not less
than 60 days to comment on a proposed redesignation of land.
(j)
Existing rights
Notwithstanding any other section of this Act, nothing in this Act—
(1) affects any private ownership or rights, including rights-of-way and reciprocal rights-of-way
agreements, tail hold agreements, permits, easement obligations, and
tribal treaty
rights; or
(2) affects the ability or process under which the Secretary can grant new permissions or terminates
any valid existing
lease, permit, patent, agreement, or other right of authorization,
including new
permissions for an existing lease, permit, patent, agreement, or other
right of
authorization for forest management activities, upon enactment of the
Oregon and California Land Grant Act of 2014.
(k)
Jurisdiction
Nothing in this Act affects the jurisdiction of the State of Oregon with respect to the management
of fish and wildlife on public land in the State.
(l)
Pesticide use and fire protection
(1) Pesticides may be used within the covered land, if the use—
(A) is limited to plants listed by the Oregon Department of Agriculture as invasive plants;
(B) is part of an integrated pest management plan; and
(C) is restricted to the use of various ground-based systems that are designed to target only
invasive plants.
(2) The Secretary and the State of Oregon shall develop an agreement to provide fire protection on the
covered lands, renegotiable every 5 years after the date of enactment to
reassess fire protection needs.
(m)
Special management and research areas
(1)
In general
The Secretary shall designate 50,000 acres across 2 to 5 sites in the covered land to include moist
forests and dry forests, as generally depicted on the map entitled O&C Land Grant Act of 2014: Moist Forest and Dry Forest and dated November 3, 2014, to be managed by the Secretary in consultation and coordination with
Oregon State University as agreed to through a memorandum of understanding
as special management and research areas in accordance with the criteria
described in paragraph (2).
(2)
Criteria
In designating land as special management and research areas under paragraph (1), the Secretary
shall designate—
(A) land that is designated as Forestry Emphasis Areas on the map described in paragraphs (12) and (17) of section 2;
(B) land, to the maximum extent practicable, contiguous to other land designated under paragraph (1);
(C) land within close proximity of other land designated under paragraph (1);
(D) land located within 150 miles of the main campus of Oregon State University in Corvallis, Oregon;
and
(E) land selected in consultation with Oregon State University.
(3)
Authorized projects
Land designated under paragraph (1) shall be used by institutions of higher education, primarily in
the State of Oregon, for the conduct of research projects and
demonstration projects that address—
(A) increasing social awareness and knowledge of the environmental, social, and economic impacts on the
implementation of ecological forestry on public land;
(B) improving the health of rural communities and citizens;
(C) reducing uncharacteristic fires and the degradation of ecosystem health;
(D) increasing conservation with a landscape approach;
(E) relative to the retention requirements at variable retention harvest, half of the Moist Forestry
Emphasis Area will be managed under section 8(b)(4)(E) and half will be
managed as under section 8(b)(2)(c); and
(F) understanding and conducting research on riparian reserve approaches authorized under this Act.
(4)
Monitoring
Work performed on land designated under paragraph (1) shall include pre- and post-treatment
monitoring on the land.
(5)
Institutions of higher education
At least 10 percent of the authorized projects conducted annually under this subsection shall be
conducted by an institution of higher education other than Oregon State
University.
(6)
Minimum acreage
(A)
In general
At least 3,750 acres of the land designated under paragraph (1) shall be treated during each 5-year
period.
(B)
Failure to treat
If the minimum acreage under subparagraph (A) is not treated for 2 5-year periods during a 20-year
period, management of the land designated under paragraph (1) shall revert
to management by the Secretary.
(7)
Review
The Secretary shall—
(A) review and decide whether to permit each proposed treatment to be conducted as part of an
authorized project under this subsection; and
(B) review for adequacy the documentation required to be prepared for each treatment.
(8)
Calculation
The Secretary shall estimate—
(A) the quantity of timber that can be produced in the sustained yield base from the Moist Forestry
Emphasis Area, not including riparian reserves established under section
4, late successional old-growth forest reserves and other reserves; and
(B) the quantity of timber-by-product from the Moist Forestry Emphasis Area, including riparian
reserves established under section 4, and the portions of the Dry Forest
Emphasis Area covered by this section.
(n)
Transition
(1)
In general
During the period beginning on the date of enactment of the Oregon and California Land Grant
Act of 2014 and ending 90 days after the date on which the record of
decision is completed under section 6, a transition period shall be in
effect in accordance with this section.
(2)
Management
(A)
Existing contracts
Any timber sale or agreement to perform work on covered land that was entered into by the
Secretary before the date of enactment of the Oregon and California
Land Grant Act of 2014 shall remain binding and effective according to
the terms of the contract.
(B)
Pending timber sales
Timber sales for which review under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) has been completed or will be completed not later
than 90 days following the date of enactment of the Oregon and
California Land Grant Act of 2014 shall continue as planned.
(C)
Interim projects
The Secretary may conduct vegetation management projects on the covered land during the
transition period on the conditions that the vegetation management
projects—
(i) comply with the designations and requirements of this Act; and
(ii) are reviewed pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), outside of the process described in section 7.
(D)
Administration
The Secretary shall seek to make such accommodations as are necessary to avoid interfering with
the performance of a timber sale or work agreement described in paragraph
(1) or (2).
(3)
Special administrative review process
The procedures established under section 105 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6515) shall be the only process to administratively
challenge projects during the transition period.
4.
Aquatic and riparian protection
(a)
Aquatic conservation strategy
(1)
In general
The Secretary shall carry out the Aquatic Conservation Strategy incorporated in its entirety by
reference for covered lands as set forth in the Northwest Forest Plan 1994
Record of Decision for Amendments to Forest Service and Bureau of Land
Management Planning Documents Within the Range of the Northern Spotted
Owl, (hereinafter NWFP and its Standards and Guidelines in Attachment A to the 1994 Record of Decision (hereinafter
referred to as Aquatic Conservation Strategy) , and as modified herein.
(2)
Program components modified
In addition to those program components contained in the Aquatic Conservation Strategy of the NWFP,
the aquatic conservation strategy under paragraph (1) shall also
incorporate provisions for watershed analysis in accordance with paragraph
(2)(A), and riparian reserve establishment and management within the Moist
Forestry Emphasis Area or Dry Forestry Emphasis Area but that are not
within Source Water Emphasis Areas or within Key Watersheds designated in
the Aquatic Conservation Strategy in accordance with paragraph (3).
(A)
Watershed analysis
(i) The Secretary shall develop appropriate management actions for a watershed, including adjustment
of riparian reserve widths under subsection (b)(3)(A)(ii); and
(ii) Within 90 days and via a contractor if necessary, determine the ecological importance of streams in
the covered area using the following criteria:
(I) The importance of the streams to salmonid and other native aquatic species.
(II) The potential impacts of thermal loading.
(III) The presence of areas of high erosion potential.
(IV) The potential for the delivery and deposition of sediment and wood from upslope sources.
(B)
Vegetation management
Vegetative management projects undertaken in riparian reserves or vegetative management projects or
harvest undertaken in the outer riparian zone shall not cut or harvest
trees in the 90 year age class or above.
(3)
Establishment and activities within one site-potential tree height of streams within forest
emphasis areas as variations on section 4(a)
(A)
Riparian reserve
(i)
In general
The Secretary shall establish within Forestry Emphasis Areas described in paragraph (2)(A) riparian
reserves in accordance with clause (ii).
(ii)
Widths
The widths of a riparian reserve established under clause (i) shall be as follows:
(I) 1 site-potential tree or 150-feet slope distance, whichever is greater, from a fish-bearing stream
of great ecological importance, as determined by the Secretary.
(II) 1 site-potential tree or 150-feet slope distance, whichever is greater, from a nonfish-bearing
stream of great ecological importance, as determined by the Secretary
(III) 100-feet slope distance from a fish-bearing stream that is not a stream described in subclauses (I)
and (II).
(IV) 50-feet slope distance from a nonfish-bearing stream that is not a stream described in subclauses
(I) and (II).
(iii)
Forest management activities
The ecological forestry practices established in sections 8 and 9 of this Act shall apply the
riparian reserves established in clause (ii) and the riparian management
of section 4 of this Act.
(B)
Outer riparian zones
(i)
Establishment and management of the outer riparian zone
(I)
In general
The outer riparian zone is the area between the riparian reserve established in clause (A)(ii) and
one site-potential tree height.
(II)
Management
The Secretary may carry out harvest in areas in the outer riparian zones using the standards for
ecological forestry in Forestry Emphasis Areas subject to section
4(a)(3)(D) and other relevant provisions of this Act.
(C)
Tree-tipping and tree felling activities
When harvesting timber within the outer riparian zone, the Secretary shall
employ tree tipping and tree felling activities during the
harvest to maintain wood recruitment to adjacent streams.
(D)
Tree retention levels in aquatic areas
Not later than 60 days after the date of enactment of the Oregon and California Land Grant Act
of 2014, the Secretary, in consultation with the Director of the United
States Fish and Wildlife Service, the Administrator of the National
Oceanic and Atmospheric Administration, the Director of the United
States Geological Survey and the Administrator of the Environmental
Protection Agency, shall establish minimum live and dead tree retention
levels for thinning and other vegetation management projects
consistent with the goals identified in subsection (a)(1).
(4)
Management activities for conservation area riparian reserves, key watersheds & source water emphasis areas
Riparian reserves and reserve widths within the Conservation Emphasis Areas, source water
emphasis areas, and Key Watersheds shall be managed to carry
out the Aquatic Conservation Strategy as set forth in subsection
(a)(1) without modifications set forth in subsection (a)(2).
(5)
Adjustment of riparian reserve widths and management
(A)
In general
Not earlier than 5 years after the date of enactment of the Oregon and California Land Grant Act of
2014, and not more frequently than once each 5 years thereafter, the
Secretary may adjust the riparian reserve widths established under
paragraph (1), as well as the size of designated key watersheds, subject
to the advice of the scientific committee established under subparagraph
(B).
(B)
Scientific committee
(i)
Establishment
The Secretary shall establish a scientific committee made up of scientific and land management
expertise to determine whether the riparian reserve widths and management
should be adjusted to better attain the goals and objectives of the
Aquatic Conservation Strategy.
(ii)
Outside membership
In addition to not more than 6 representatives of the Federal Government (including 1
representative of each of the Bureau of Land Management, the National
Oceanic and Atmospheric Administration, the United States Geological
Survey, the Environmental Protection Agency, the United States Forest
Service, and the United States Fish and
Wildlife Service), the scientific committee shall include 6 individuals,
to be appointed by the Secretary, who—
(I) are not full-time employees of the Federal Government; and
(II) have expertise relating to aquatic and riparian ecosystems, as demonstrated by—
(aa) an advanced degree in a related field; and
(bb) subsequent relevant work experience.
(iii)
Duties
The scientific committee shall make recommendations regarding whether the riparian reserve widths
and management should be adjusted on individual bodies of water,
and submit said recommendations to the Secretary in a report, taking
into consideration—
(I) the criteria listed in section 4(a)(2)(A)(ii);
(II) additional criteria deemed appropriate;
(III) new scientific information and understanding; and
(IV) the need to manage covered lands per section 3(b).
(iv)
Public review & comment
On receipt of the report under clause (iii), the Secretary shall—
(I) make the report available to the public; and
(II) provide a period of not less than 60 days for public comment regarding the recommendations
contained in the report.
(v)
Decision to adjust
After taking into consideration the report under clause (iii) and any public comments received
under clause (iv)(II), the Secretary may adjust the riparian reserve
width—
(I) taking into consideration the recommendations included in the report, and the public comments; and
(II) if the Secretary determines that the adjustment meet the aquatic goals established in the Aquatic
Conservation Strategy under paragraph (a)(1) and would be in the public
interest.
(b)
Roads
(1)
In general
Except as provided in sections 3(e) and 3(j) of this Act, and paragraph (2) of this subsection,
the Secretary shall not construct a road inside a riparian
reserve.
(2)
Exceptions
(A)
Temporary roads
The Secretary may construct a temporary road to enter a riparian reserve,
including crossing a stream where necessary, to complete
a vegetation management project, if—
(i) there is no existing road system that can be used;
(ii) it is not possible to construct a road outside of the riparian reserve;
(iii) the temporary road is decommissioned no more than 2 years after it is constructed or and the
project for which it was constructed is completed, whichever comes first;
and
(iv) any significant potential adverse impacts from the construction of any
temporary road do not persist more than 1 year after the
temporary road is decommissioned.
(B)
Permanent roads
The Secretary may realign an existing road permanently inside a riparian reserve, including the
replacement of stream crossings, if the Secretary determines that the
realignment will maintain, restore, or improve aquatic or riparian
ecosystems and water quality.
(c)
Stream improvement work
(1)
In general
The Secretary may conduct certain activities on the covered land in accordance with this
subsection.
(2)
Permitted activities
(A)
Tree tipping and felling activities
During a vegetation management project, the Secretary may carry out tree tipping and tree felling
activities within the riparian reserves in Dry Forestry Emphasis Areas or
Moist Forestry Emphasis Areas as the Secretary determines necessary to
improve habitat for aquatic species.
(B)
Woody debris augmentation
The Secretary shall annually, subject to appropriations, use not less than $1,000,000, indexed for
inflation, of amounts made available under section 12(c) to transport and
place large trees in streams on Federal, State, or private land to improve
fish habitat.
(C)
Native vegetation
Within riparian reserves, the Secretary may only plant vegetation that is native to the site.
(D)
Culvert replacement
The Secretary may replace a culvert that impedes the passage of fish or is unable to withstand a
100-year flood event.
(3)
Activities categorically excluded from review
Except as provided in paragraph (4), each activity described in paragraph (2) shall be—
(A) considered an action categorically excluded from review under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) or section 1508.4 of title 40, Code of
Federal Regulations (or a successor regulation); and
(B) exempt from administrative review.
(4)
Exclusion of certain areas
Paragraph (3) does not apply to any activity located in—
(A) a component of the National Wilderness Preservation System;
(B) a component of the National Wild and Scenic Rivers System;
(C) lands with wilderness characteristics as defined in the Bureau of Land Management Manual provisions
6310 and 6320; or
(D) a Conservation Emphasis Area established by section 10 if the activity would be inconsistent with
the purposes and values for which the area was established.
5.
Notice of intent
(a)
In general
Not later than 30 days after the date of enactment of the Oregon and California Land Grant Act of
2014, and every 5 years thereafter the Secretary shall publish in the
Federal Register a notice of intent to prepare—
(1) the landscape prioritization plan; and
(2) the draft comprehensive environmental impact statements required under section 6(g)(2).
(b)
Public comment
During the 45-day period beginning on the date of publication of the notice of intent under
subsection (a), the Secretary shall solicit public comments regarding—
(1) the scope and content of the documents described in subsection (a); and
(2) the impacts that the Secretary should analyze regarding the alternatives in the draft comprehensive
environmental impact statements described in subsection (a)(2).
(c)
Coordination with preparation of land use plans
The Secretary shall include the notice of intent in the development or revision of a land use plan
required under section 202 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1712) for the covered land or shall amend the land use
plan required under section 202 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1712) for the covered land.
(d)
Initiation of early planning and consultation agreement
Not later than 30 days after the date on which a notice of intent is published under subsection
(a), the Secretary of the Interior, the Secretary of Commerce, and the
Administrator of the U.S. Environmental Protection Agency shall—
(1) enter into an early planning and consultation agreement, including timelines, regarding the
development of information, data and/or documents required to carry out
this Act with—
(A) the United States Fish and Wildlife Service;
(B) the National Oceanic and Atmospheric Administration;
(C) the Environmental Protection Agency; and
(D) the U.S. Geological Survey; and
(2) invite to serve as cooperating agencies or to provide comments regarding the notice of intent—
(A) the State of Oregon;
(B) Federally recognized Indian tribes with ancestral land or officially ceded lands in the covered
land ; and
(C) affected units of local government.
6.
Landscape prioritization plans
(a)
In general
Not later than 270 days after the date of enactment of the Oregon and California Land Grant Act of
2014, and every 5 years thereafter the Secretary, shall develop and make
available to the public a landscape prioritization plan, which shall
prioritize vegetation management projects and describe activities to be
performed and areas to be established to satisfy landscape-related needs
in the covered land—
(1) as a part of the development or revision of a land use plan required under section 202 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) for the
covered land; and
(2) implement the landscape prioritization plan required in this section through the comprehensive
environmental impact statements regardless of whether a revision of that
land use plan has been completed.
(b)
Coordination
The Secretary shall develop the landscape prioritization plan under this section under the
agreement entered into under section 5(d) in coordination with the
Director of the United States Fish and Wildlife Service and the
Administrator of the National Oceanic and Atmospheric Administration to
ensure that the landscape prioritization plan complies with the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) and in coordination with the
State of Oregon to ensure compliance with water quality standards adopted
under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(c)
Components
(1)
Projects in moist forestry emphasis area
(A)
In general
Subject to subparagraph (B), the Secretary shall identify the locations of the vegetation
management projects that the Secretary proposes to conduct in the Moist
Forestry Emphasis Area for the length of each Landscape Prioritization
Plan.
(B)
Requirements
(i)
In general
For each consecutive 5-year period during the period described in subparagraph (A), the Secretary
shall plan to conduct—
(I) variable retention harvest consistent with this Act across stands that comprise 4 to 6 percent of
the Moist Forestry Emphasis Area, subject to clause (ii); and
(II) thinning activities consistent with this Act across stands in Moist Forest Emphasis Area
(ii)
Vegetation management projects
The locations of the proposed vegetation management projects under clause (i)(I) shall be
distributed across the Bureau of Land Management districts, to the extent
practicable.
(2)
Projects in dry forestry emphasis area
The Secretary shall identify the locations of the vegetation management projects consistent
with ecological forestry principles the Secretary proposes to conduct
in the Dry Forestry Emphasis Area for each consecutive length of
the Landscape Prioritization Plan beginning on the date of
enactment of the Oregon and California Land Grant Act of 2014.
(3)
Projects in conservation emphasis area
The Secretary shall identify the locations of vegetation management projects, including habitat
protection or restoration projects, the Secretary proposes to conduct in
the Conservation Emphasis Area consistent with section 10 for the length
of each Landscape Prioritization Plan beginning on the date of enactment
of the Oregon and California Land Grant Act of 2014.
(4)
Specific information for projects
(A)
In general
For each vegetation management project proposed by the Secretary, the Landscape Prioritization Plan
shall include an identification of—
(i) the location of forest stands to be treated;
(ii) the approximate size and timing of the treatment in those stands;
(iii) the specific vegetation treatment recommended for each forest stand; and
(iv) the goals and objectives for any habitat protection or restoration projects.
(B)
Onsite reviews
In addition to identifying forest stands under subparagraph (A), the Secretary shall conduct
onsite reviews to verify, at a minimum—
(i) riparian and aquatic parameters and assessments;
(ii) any streams or aquatic resources within the specific stands;
(iii) water quality;
(iv) the presence of sensitive or special status species and habitats;
(v) road conditions and information; and
(vi) forest stand boundaries.
(d)
Public comment
The Secretary shall solicit public comments regarding the landscape prioritization plan for a
period of not less than 60 days after the date on which the Secretary
makes the landscape prioritization plan available to the public.
(e)
Revised plan
The Secretary shall revise the Landscape Prioritization Plan as the Secretary considers to be
necessary, based on public comments received under subsection (d).
(f)
Monitoring and long-term evaluation
(1)
In general
Each Landscape Prioritization Plan implementation shall be monitored annually, and evaluated every
5 years as a part of the development or revision of a resource management
plan required under section 202 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C.1712) for the covered land, with opportunity for
public comment prior to finalizing the monitoring assessments.
(2)
Components of the monitoring assessment
In preparing the monitoring assessment, the Secretary shall include assessments and reports on—
(A) changes in the volume and quality of timber sold;
(B) changes in water quality;
(C) changes in recreation;
(D) the effectiveness of fish and wildlife protections;
(E) the effectiveness of measures to prevent uncharacteristic wildfire; and
(F) changes in forest health and fish and wildlife habitat.
(3)
Components of landscape prioritization plan to be monitored and evaluated
Each Landscape Prioritization Plan shall include for monitoring and evaluation a description of the
Moist Forest Emphasis Areas and Dry Forest Emphasis Areas—
(A) for Moist Forestry Emphasis Areas—
(i) landscape-level plans depicting areas of the moist forest landscape that would result in a
distribution of variable retention regeneration harvests to ensure
the desired placement and the appropriate scale of vegetation management
projects; and
(ii) areas that will accelerate the development of complex forest structure, including opportunities to
create spatial heterogeneity (such as creating skips and gaps), in a young
stand that has a canopy that has closed and been simplified through past
forest management;
(B) for Dry Forestry Emphasis Areas—
(i) a landscape-level plan depicting areas of dry forest landscape that will be left over the length of
the Landscape Prioritization Plan in a denser condition beginning on the
date of enactment of the Oregon and California Land Grant Act of 2014; and
(ii) areas that will minimize and reduce the risk of uncharacteristic
fire and insect events, and improve fire resiliency particularly if
critical components and values are at risk, including—
(I) communities in the wildland-urban interface (as defined in section 101 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6511)); and
(II) valuable forest structures, such as legacy trees and oak savannas that are in need of restoration
or in danger from a potential fire risk;
(C) for Conservation Emphasis Areas the Secretary shall describe and evaluate the
landscape-level plan depicting areas of the Conservation Emphasis Areas
that will be left in a more natural condition over the length of the
Landscape Prioritization Plan beginning on the date of enactment of the
Oregon and California Land Grant Act of 2014.
(g)
Annual monitoring
The Secretary shall annually use not less than $1,000,000, adjusted for inflation, of the amounts
made available under section 13(c) to monitor short-term and long-term
changes in forest health, water quality, and fish and wildlife habitat.
(h)
Environmental compliance
(1)
In general
The Secretary shall implement the Landscape Prioritization Plan, including
priorities and vegetation management projects identified in a landscape
prioritization plan under section 6(a), in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the
requirements of this section.
(2)
Draft comprehensive environmental impact statements
Not later than 18 months after the date of enactment of the Oregon and California Land Grant
Act of 2014, and every 5 years thereafter the Secretary shall publish
notice in the Federal Register of the availability for public review of
2 draft comprehensive environmental impact statements for the
vegetation management projects proposed to be carried out during the 5-
year period, of which—
(A) one shall cover the Moist Forestry Emphasis Area and, of the Conservation Emphasis Areas
designated under section 10—
(i) the Conservation Network that is predominantly moist forest;
(ii) the Late Successional Old-Growth Forest Heritage Reserves;
(iii) the Drinking Water Special Management Units;
(iv) the Molalla National Recreation Area;
(v) the Crabtree Valley Primitive Backcountry Area;
(vi) the Brummit Fir Primitive Backcountry Area;
(vii) the Kilchis Wild Salmon Refuge Area; and
(viii) the Protected Environmental Zones that are predominantly moist
forest; and
(B) one shall cover the Dry Forestry Emphasis Area and, of the Conservation Emphasis Areas
designated under section 10—
(i) the Conservation Network that is predominantly dry forest;
(ii) the Rogue Canyon National Recreation Area;
(iii) the Illinois Valley Salmon and Botanical Area;
(iv) the Grizzly Peak Primitive Backcountry Area;
(v) the Dakubetede Primitive Backcountry Area;
(vi) the Wellington Wildlands Primitive Backcountry Area;
(vii) the Mungers Butte Primitive Backcountry Area;
(viii) the Pacific Crest Trail Corridor;
(ix) the Applegate Primitive Backcountry Area; and
(x) the Protected Environment Zones that are predominantly dry forest.
(3)
Alternatives
Each draft comprehensive environmental impact statement under this subsection shall analyze
different locations for the relevant vegetation management projects under—
(A) the no-action alternative; and
(B) three other alternatives that are consistent with this Act.
(4)
Interagency coordination and cooperation
The Secretary shall require the Directors of the U.S. Bureau of Land Management and the U.S. Fish
and Wildlife Service to coordinate and cooperate between their agencies,
and shall coordinate and cooperate with the Secretary of Commerce in
developing each draft comprehensive impact statement under this
subsection to ensure compliance with the Endangered Species Act of 1973
(16 U.S.C.1531 et seq.).
(5)
Public comment
The Secretary shall solicit public comment regarding the draft comprehensive environmental impact
statements under subsection (b) during the 60-day period beginning on
the date on which the Secretary makes the draft comprehensive
environmental impact statements available to the public.
(6)
Final comprehensive environmental impact statements
Not later than 27 months after the date of enactment of the Oregon and California Land Grant
Act of 2014, and 9 months after publication of subsequent draft
comprehensive environmental impact statements the Secretary—
(A) shall prepare 2 final comprehensive environmental impact statements for the vegetation
management projects that have been identified in the draft comprehensive
environmental impact statements in paragraph (2);
(B) shall publish in the Federal Register a notice of availability for public review of the final
comprehensive environmental impact statements; and
(C) may publish the final comprehensive environmental impact statements in conjunction with the
environmental impact assessments relating to the land use plan developed
by the Bureau of Land Management for the covered land.
(7)
Records of decision
Except as provided in section 7(a), not later than 60 days after the date on which a notice of
availability of the final comprehensive environmental impact statements is
published in the Federal Register, the Secretary shall issue a record of
decision relating to the vegetation management projects analyzed in the
final comprehensive environmental impact statements.
7.
Objections; O&C administrative review process; judicial review
(a)
O&C administrative review process
(1)
In general
During the 60-day period described in section 6(h)(7), an eligible person may file an objection
to the final comprehensive environmental impact statement, or during the
first 15 days of the 90-day period described in section 7(b) an eligible
person may protest a
proposed vegetation management project. This objection or protest must be
used in lieu of any other appeal that may be available. A protest will be
considered and treated as an objection in this subsection.
(2)
Eligibility
To be eligible to file an objection to the final environmental impact statement or a protest for a
proposed vegetation management project under paragraph (1), a person shall
have submitted to the Secretary during the 60-day period described in
section 6(h)(5) written comments that describe the objections to the
action proposed under the final comprehensive environmental impact
statement.
(3)
Eligible project level objections
An objection to an individual vegetation
management project may only be filed under paragraph (1) if the objector
can show—
(A)
(i) a proposed activity under the vegetation management project is inconsistent with a record of
decision; and
(ii) the likely impacts of that activity are inconsistent with the impacts analyzed in the final
comprehensive environmental impact statement;
(B) the vegetation management project violates the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) or the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
or
(C)
(i) in the circumstance of new information, changed circumstances, or changed
conditions on a particular project that may result in significant
negative environmental impacts that were not encompassed in the analysis
in the applicable final comprehensive environmental impact statement; and
(ii) those circumstances were not considered in the final comprehensive environmental impact statement.
(4)
Response
The Secretary shall respond in writing to an objection filed under paragraph (1) not later than 30
days after the date on which the objection is filed.
(5)
Supplement
In response to an objection filed under paragraph (1), the Secretary may supplement the final
comprehensive environmental impact statement or the draft Record of
Decision to reflect the objection.
(6)
Timing of record of decision
If a person files an objection under section 7(a)(1) relating to a final comprehensive
environmental impact statement, the Secretary shall publish a record of
decision for that final comprehensive environmental impact statement—
(A) immediately after the Secretary responds to the objection; or
(B) as soon as practicable after the date on which the Secretary supplements the final comprehensive
environmental impact statement to reflect that objection under section
7(a)(4).
(b)
Delay of implementation
The Secretary shall not offer for a bid or implementation a vegetation management project pending
the disposition of the objection. Not less than 90 days prior to actual
commencement of the project, notice of a bid or implementation shall be
published in the Federal Register and mailed electronically to each person
that submitted comments on a comprehensive environmental impact statement
and requested a reply.
(c)
Judicial review
(1)
In general
A person may only challenge a covered agency action in a United States district court by bringing a
covered civil action.
(2)
Venue
Venue for any covered civil action shall lie in the United States District Court for the District
of Oregon or the United States District Court for the District of
Columbia.
(3)
Additional standing requirements for nepa
A person shall only have standing to bring a covered civil action under paragraph (1) for claims
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), if that person filed an objection under subsection (a)(1).
(4)
Eligibility
A reviewing court under this subsection shall not consider any issue in a covered civil action
unless the issue has previously been raised, in the discretion of the
court, in writing in the administrative review process described in
section 7(a) or through other judicial notice provisions required by
Federal law.
(5)
Limitation of actions
A covered civil action shall not be maintained unless the covered civil action commenced not later
than 75 days after the date on which the covered agency action to which
the covered civil action relates is final.
(6)
Expedited proceedings
(A)
In general
Congress expects that judicial review of covered actions will be based on review of the
administrative record prepared by the Secretary.
(B)
Disposition
The disposition of the complaint, by summary judgment or any other mechanism, shall commence not
later than 190 days after the date on which the covered civil action is
commenced.
(C)
Expeditious completion of judicial review
Congress encourages a court of competent jurisdiction to expedite, to the maximum extent
practicable, the proceedings in a covered civil action with the goal of
rendering a final determination on the merits of the covered civil action
as soon as practicable after the date on which a complaint or appeal is
filed to initiate the action.
(7)
Applicability
Except as otherwise provided in this section, judicial review of a covered agency action shall be
conducted in accordance with subchapter II of chapter 5, and chapter 7, of
title 5, United States Code (commonly known as the Administrative Procedure Act).
8.
Moist Forestry Emphasis Area
(a)
In general
(1)
Conformity with principle of sustained yield
Timber from the Moist Forestry Emphasis Area shall be sold, cut, and removed in conformity with the
principle of sustained yield as defined by the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.) and in accordance with the
provisions of this Act.
(2)
Production levels
The Secretary shall maintain the highest consistent timber production levels that can be sustained
under ecological forestry principles and other provisions described in
this Act.
(3)
Calculation
(A)
In general
The Secretary shall calculate —
(i) the sustained yield and identify the quantity of timber the Secretary can produce as part of the
draft comprehensive environmental impact statement required under this Act
for the Moist Forestry Emphasis Area, not including riparian reserves
established under section 4; and
(ii) the quantity of timber as a by-product the Secretary can produce, as part of the Moist Forestry
Emphasis Area, including riparian reserves established under section 4,
and the portions of the Conservation Emphasis Area, as described in the
draft comprehensive environmental impact statement under section 6(h)(2).
(B)
Requirements
The Secretary shall—
(i) calculate the quantities under clauses (i) and (ii) of subparagraph (A) in 5-year increments; and
(ii) in calculating that quantity, classify the volume of timber that could be offered from the various
areas defined in subparagraph (A).
(b)
Management of moist forestry emphasis area
(1)
In general
Moist Forestry Emphasis Areas shall be managed in accordance with the principles of ecological
forestry.
(2)
Ecological forestry principles for moist forestry emphasis areas
The ecological forestry principles referred to in paragraph (1) relate to variable retention
regeneration harvests and include—
(A) the retention of legacy trees;
(B) the acceleration of the development of structural complexity, including spatial heterogeneity,
through the use of diverse silvicultural approaches, such as variable
density and clump-based thinning prescriptions;
(C) the implementation of variable retention regeneration harvesting activities that retain
approximately 1/3 of the live basal area of the forest within the harvest area, primarily but not exclusively in
aggregates, provided that non-fish bearing stream riparian reserves within
the harvest unit count towards retention, but other reserves, including
riparian reserves on fish bearing streams, do not count;
(D) the development and maintenance of early seral ecosystems with diverse species following harvesting
activities through the use of less intense approaches to site preparation
and tree regeneration and nurturing of diverse early seral ecosystems; and
(E) the long-term establishment of a silvicultural system that includes the development and management
of multiaged, mixed-species stands.
(3)
Variable retention regeneration harvest
(A)
In general
The Secretary shall designate not less than 4 percent and not greater than 6 percent of the moist
forests described in paragraph (1) as land on which the Secretary shall
carry out during each 5 year period variable retention regeneration
harvesting activities, consistent with—
(i) this section and other provisions of this Act;
(ii) the Endangered Species Act (16 U.S.C. 1531 et seq.); and
(iii) the environmental impact statement required under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) as described in section 6.
(4)
Northwest forest plan application
The Secretary shall identify 50,000 acres of Moist Forest Emphasis Area that—
(A) have been previously subject to forest management;
(B) whose trees are in the 80 year age class or younger;
(C) are not within one site-potential tree height of any stream, or within a source water
emphasis area or a key watershed under the NWFP;
(D) are not within critical habitat; and
(E) apply the implementation of variable retention regeneration harvesting activities that retain
approximately 1/4 of the live basal area of the forest within the harvest
area, provided that non-fish bearing stream riparian reserves within the
harvest unit count towards retention, but other reserves, including
riparian reserves on fish bearing streams, do not. In total, not less than
15 percent of the live basal area in the stand, excluding all reserves,
must be retained.
(c)
Roads
(1)
In general
The Secretary shall not increase the total quantity of mileage of permanent, system and non-system
roads that are operational in the Moist Forestry Emphasis Area to a
quantity greater than the quantity of mileage in existence on the date of
enactment of the Oregon and California Land Grant Act of 2014, excluding
roads constructed pursuant to reciprocal rights of way agreements,
easement obligations or other access rights of non-Federal parties in
effect as of enactment of the Oregon and California Land Grant Act of
2014, subject to the rights of the owner of adjacent private land as set
forth in sections 3(e) and 3(j) of this Act.
(2)
System roads
The Secretary—
(A) may construct new system roads outside of the riparian reserves to carry out a vegetation
management project under this Act; and
(B) subject to the availability of appropriations and to the maximum extent practicable, shall reduce
the quantity of mileage of system roads by decommissioning roads, subject
to the rights of the owner of adjacent private land as set forth in
sections 3(e) and 3(j) of this Act, provided
that decommissioning shall be done with an adjacent
private landowner if—
(i) the adjacent private landowner is a party to a reciprocal right-of-way agreement covering an
area which includes the road in question; or
(ii) the decommissioning would remove or increase the cost of vehicular access to the adjacent
private lands.
(3)
Non-system roads
Subject to the availability of appropriations, the Secretary shall annually reduce the total
quantity of mileage of nonsystem roads.
(4)
Temporary roads
If the Secretary constructs a temporary road as part of a vegetation management project, the
Secretary shall close and decommission the temporary road not later than
the earlier of—
(A) the date that is 2 years after the date on which the activity for which the temporary road was
constructed is completed; and
(B) the date that is 1 year after the date on which the vegetation management project is completed.
9.
Dry Forestry Emphasis Area
(a)
In general
(1) The Secretary shall manage the Dry Forestry Emphasis Area to increase the resiliency of the stands
by reducing the risk from uncharacteristic wildfires, droughts, and insect
or disease events while maintaining consistent timber production levels
that can be sustained under ecological forestry principles and other
provisions described in this Act.
(2)
Conformity with principle of sustained yield
Timber from the Dry Forestry Emphasis Area shall be sold, cut, and removed in conformity with the
principle of sustained yield as defined by the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.) and in accordance with the
provisions of this Act.
(3)
Production levels
The Secretary shall maintain the highest consistent timber production levels that can be sustained
under ecological forestry principles and other provisions described in
this Act.
(4)
Calculation
(A)
In general
The Secretary shall calculate—
(i) the sustained yield and identify the quantity of timber the Secretary can produce as part of the
draft comprehensive environmental impact statement required under this Act
for the Dry Forestry Emphasis Area, not including riparian reserves
established under section 4; and
(ii) the quantity of timber as a by-product the Secretary can produce, as part of the Dry Forestry
Emphasis Area, including riparian reserves established under section 4,
and the portions of the Conservation Emphasis Area, as described in the
draft comprehensive environmental impact statement under section 6.
(b)
Requirements
The Secretary shall maintain, restore, or improve conditions of tree density, tree composition, and
tree size distribution that will result in a stand with a high level of
resistance and resilience to uncharacteristic wildfires, droughts, and
insect events.
(c)
Priority
In carrying out vegetation management projects, the Secretary shall give priority to areas that
contain important components, including—
(1) communities in the wildland-urban interface (as defined in section 101 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6511)); and
(2) valuable forest structures, such as legacy trees and oak savannas that are in need of restoration
or are in danger from uncharacteristic fire.
(d)
Management of dry forestry emphasis areas
(1)
In general
Dry Forestry Emphasis Areas shall be managed in accordance with ecological forestry
principles described in paragraph (2).
(2)
Ecological forestry principles in dry forests
The ecological forestry principles referred to in paragraph (1) include—
(A) the retention and improvement of the survivability of legacy trees through the reduction of
adjacent fuels and competing vegetation to promote resilience against
mortality from insects, disease, and fire;
(B) the retention and protection of important structures such as large hardwoods, snags, and logs;
(C) the reduction of overall stand densities through partial cutting in an effort—
(i) to reduce basal areas to desired levels, particularly in overstocked stands;
(ii) to increase the mean stand diameter; and
(iii) to shift the composition of stands to fire- and drought-tolerant species;
(D) the restoration of spatial heterogeneity through the variation of the treatment of stands, such as
by leaving untreated patches, creating openings, and establishing tree
clumps and isolated single trees;
(E) the establishment of new tree cohorts of shade-intolerant species in created openings;
(F) the harvesting of timber during the restoration process;
(G) the maintenance of sustainable and fire-resilient conditions in perpetuity through both passive and
active management of the dry forests in accordance with this subsection,
including the treatment of activity fuels and other surface and ladder
fuels and understory vegetation using prescribed fire, natural fire or
mechanical activities; and
(H) the retention of a basal area after a partial cut that is not less than 35 percent of the initial
basal area of the sale.
(e)
Roads
(1)
In general
The Secretary shall not increase the total quantity of mileage of system roads that are operational
in the Dry Forestry Emphasis Area to a quantity greater than the quantity
of mileage in existence on the date of enactment of the Oregon and
California Land Grant Act of 2014, excluding roads constructed pursuant to
reciprocal rights of way agreements, easement obligations or other access
rights of non-Federal parties in effect as of enactment of the Oregon and
California Land Grant Act of 2014, subject to the rights of the owner of
adjacent private land as set forth in sections 3(e) and 3(j) of this Act.
(2)
System roads
The Secretary—
(A) may construct new system roads to carry out a vegetation management project; and
(B) subject to the availability of appropriations, shall decommission or place into storage all system
roads that the Secretary has not planned to use in the next 5 years for
vegetation management projects or administrative purposes, subject to the
rights of the owner of adjacent private land as set forth in sections 3(e)
and 3(j) of this Act, provided that
decommissioning shall be done with an adjacent private
landowner if—
(i) the adjacent private landowner is a party to a reciprocal right-of-way agreement covering an
area which includes the road in question; or
(ii) the decommissioning would remove or increase the cost of vehicular access to the adjacent private
lands.
(3)
Nonsystem roads
Subject to the availability of appropriations, the Secretary shall annually reduce the total
quantity of mileage of nonsystem roads by decommissioning.
(4)
Temporary roads
If the Secretary constructs a temporary road as part of a vegetation management project, the
Secretary shall close and decommission the temporary road not later than
the earlier of—
(A) the date that is 2 years after the date on which the activity for which the temporary road was
constructed is completed; and
(B) the date that is 1 year after the date on which the vegetation management project is completed.
10.
Conservation Emphasis Areas
(a)
Conservation networks
The approximately 690,000 acres of land managed by the Secretary, as generally depicted as Conservation Network on the map entitled O&C Land Grant Act of 2014: Conservation Network and dated November 3, 2014, which is designated as the Conservation Network, the purpose of which
is to create forest reserves providing ecological benefits and protect
conservation values, including providing late successional old-growth
forest complex habitat, complex early successional habitat, aquatic and
riparian protection, fish and wildlife benefits, recreational and
educational opportunities and other natural processes needed for the
healthy functioning of the ecosystem, shall be managed in accordance with
subsection (h).
(b)
Late successional old-growth forest heritage reserves
The approximately 510,000 acres of land managed by the Secretary, as generally depicted on the
map entitled O & C Land Grant Act of 2014: Late Successional Old-Growth Forest Heritage Reserves and dated November 3, 2014, which is designated as the Late Successional Old-Growth Forest Heritage Reserves, the purpose of which is to protect and preserve Moist Forest stands that, as of the date of
enactment of the Oregon and California Land Grant Act of 2014, contain a
90 year or above age class, shall be managed by the Secretary in a manner
that does not allow harvesting of any tree within the area.
(c)
Special management units
(1)
Designation
For the purposes of ensuring the protection of the watersheds as a source of clean drinking water,
to safeguard the water quality and quantity in the areas, and to allow
visitors to enjoy the special scenic, natural, cultural, and fish and
wildlife values of the watersheds, the following areas in the State of
Oregon are designated as special management units for special management
by the Secretary in accordance with subsection (h) and this subsection:
(A)
Mckenzie drinking water special management unit
The approximately 12,042 acres of land managed by the Secretary , as generally depicted on the map
entitled O&C Land Grant Act of 2014: McKenzie Source Water Emphasis Area and dated November 3, 2014, which is designated as the McKenzie Drinking Water Special Management Unit.
(B)
Hillsboro drinking water special management unit
The approximately 1,243 acres of land managed by the Secretary, as generally depicted on the map
entitled O&C Land Grant Act of 2014: Hillsboro Source Water Emphasis Area and dated November 3, 2014, which is designated as the Hillsboro Drinking Water Special Management Unit.
(C)
Clackamas drinking water special management unit
The approximately 416 acres of land managed by the Secretary, as generally depicted on the map
entitled O&C Land Grant Act of 2014: Clackamas Source Water Emphasis Area and dated November 3, 2014, which is designated as the Clackamas Drinking Water Special Management Unit.
(D)
Springfield drinking water special management unit
The approximately 3,161 acres of land managed by the Secretary, as generally depicted on the map
entitled O&C Land Grant Act of 2014: Springfield Source Water Emphasis Area and dated November 3, 2014, which is designated as the Springfield Drinking Water Special Management Unit.
(2)
Livestock
The grazing of livestock shall not be allowed within a special management unit designated by
paragraph (1).
(d)
National recreation areas
For the purposes of protecting , conserving, and enhancing the unique and nationally important
recreational, ecological, scenic, cultural, watershed, and fish and
wildlife values of the areas, the following areas in the State of Oregon
are designated as recreation areas for management by the Secretary in
accordance with subsection (h):
(1)
Rogue canyon national recreation area
The approximately 94,700 acres of Bureau of Land Management land, within the boundary generally
depicted on the map entitled O&C Land Grant Act of 2014: Rogue Canyon National Recreation Area and dated November 3, 2014, which is designated as the Rogue Canyon National Recreation Area.
(2)
Molalla national recreation area
The approximately 24,100 acres of Bureau of Land Management land, within the boundary generally
depicted on the map entitled O&C Land Grant Act of 2014: Molalla National Recreation Area and dated November 3, 2014, which is designated as the Molalla National Recreation Area.
(e)
Special management areas
For the purposes of protecting, preserving and enhancing the natural character, scientific use, and
the botanical, recreational, ecological, fish and wildlife, scenic,
drinking water, or cultural values of the areas or to preserve
opportunities for primitive recreation, the following areas in the State
of Oregon are designated for special management by the Secretary in
accordance with subsection (h):
(1)
Illinois valley salmon and botanical special management area
The approximately 15,000 acres of Bureau of Land Management land, as generally depicted on the map
entitled O&C Land Grant Act of 2014: Illinois Valley Salmon and Botanical Area and dated November 3, 2014, which is designated as the Illinois Valley Salmon and Botanical Special Management Area.
(2)
Kilchis wild salmon refuge area
The approximately 9,000 acres of Bureau of Land Management land, as generally depicted on the map
entitled O&C Land Grant Act of 2014: Kilchis Wild Salmon Refuge Area and dated November 3, 2014, which is designated as the Kilchis Wild Salmon Refuge Area.
(3)
Smith river salmon restoration unit
The purpose of this restoration unit is to ensure the protection, maintenance and restoration of
the salmonid resources of these rivers segments. The riparian areas along
the mainstem of the Smith River, from the confluence of Spencer Creek
(Smith River mile 22.8), upstream to Clabber Creek (Smith River mile
60.5), which flows through the covered lands and the mainstem of the West
Fork of the Smith River, from the confluence of W. Fork Smith river with
the main stem Smith River (Smith River mile 34.5) upstream along the West
Fork of the Smith River to the junction of Upper W. Fork Smith River Road
(W. Fork Smith River mile 12.43), which flows through the covered lands,
will be managed to under section 4(a)(1 of this Act without modifications
under 4(a)(2).
(4)
Grizzly peak primitive backcountry special management area
The approximately 2,100 acres of Bureau of Land Management land, as generally depicted on the map
entitled O&C Land Grant Act of 2014: Grizzly Peak Primitive Backcountry Area and dated November 3, 2014, which is designated as the Grizzly Peak Primitive Backcountry Special Management Area.
(5)
Dakubetede primitive backcountry special management area
The approximately 21,200 acres of Bureau of Land Management land, as generally depicted on the map
entitled O&C Land Grant Act of 2014: Dakubetede Primitive Backcountry Area and dated November 3, 2014, which is designated as the Dakubetede Primitive Backcountry Special Management Area.
(6)
Wellington wildlands primitive backcountry special management area
The approximately 5,700 acres of Bureau of Land Management land, as generally depicted on the map
entitled O&C Land Grant Act of 2014: Wellington Wildlands Primitive Backcountry Area and dated November 3, 2014, which is designated as the Wellington Wildlands Primitive Backcountry Special Management Area.
(7)
Mungers butte primitive backcountry special management area
The approximately 10,200 acres of Bureau of Land Management land, as generally depicted on the map
entitled O&C Land Grant Act of 2014: Mungers Butte Primitive Backcountry Area and dated November 3, 2014, which is designated as the Mungers Butte Primitive Backcountry Special Management Area.
(8)
Brummit fir primitive backcountry special management area
The approximately 2,000 acres of Bureau of Land Management land, as generally depicted on the map
entitled O&C Land Grant Act of 2014: Brummit Fir Primitive Backcountry Area and dated November 3, 2014, which is designated as the Brummit Fir Primitive Backcountry Special Management Area.
(9)
Crabtree valley primitive backcountry special management area
The approximately 2,100 acres of Bureau of Land Management land, as generally depicted on the map
entitled O&C Land Grant Act of 2014: Crabtree Valley Primitive Backcountry Area and dated November 3, 2014, which is designated as the Crabtree Valley Primitive Backcountry Special Management Area.
(10)
Applegate primitive backcountry special management area
The approximately 9,000 acres of Bureau of Land Management land, as generally depicted on the map
entitled O&C Land Grant Act of 2014: Crabtree Valley Primitive Backcountry Area and dated November 1, 2014, which is designated as the Crabtree Valley Primitive Backcountry Special Management Area.
(11)
Protected environmental zone special management area
The approximately 95,767 acres of land administered by the Secretary, as generally depicted on the
map entitled O&C Land Grant Act of 2014: Special Environmental Zones and dated November 3, 2014, which is designated as the Special Environmental Zone Special Management Area.
(f)
Cascade-Siskiyou national monument expansion
Subject to valid existing rights, the Secretary shall administer the approximately 2,050 acres of
land administered by the Director of the Bureau of Land Management
generally depicted on the map entitled O&C Land Grant Act of 2014: Cascade-Siskiyou National Monument Expansion and dated November 3, 2014, as part of the Cascade-Siskiyou National Monument and subject to the
same proclamation, regulations, rules and policies that apply to the rest
of the national monument.
(g)
Pacific crest trail protection corridor
(1)
Establishment
There is designated in the State of Oregon a protective corridor for the Pacific Crest National
Scenic Trail, to be known as the Pacific Crest Trail Protection Corridor, consisting of all Bureau of Land Management land located within approximately 1/4 mile on either side of the Pacific Crest National Scenic Trail, beginning at the west boundary of
Section 23, T.40.S, R.7.W, W.M. at the border of the Klamath National
Forest in the Siskiyou Mountains, continuing approximately 45 miles and
ending at the eastern boundary Section 13, T.38.S, R.4.E, W.M near the
southern boundary of the Rogue River National Forest in the Cascade Range,
to be managed by the Secretary in accordance with subsection (h).
(2)
Purposes
The purposes of the Pacific Crest Trail Protection Corridor are to protect and enhance the
recreational, scenic, historic, and wildlife values of the Pacific Crest
National Scenic Trail in as natural and undeveloped a state as
practicable.
(3)
Forest roads
Forest roads crossing the Pacific Crest Trail Protection Corridor or within the Pacific Crest Trail
Protection Corridor shall be limited to those necessary for the proper use
and administration of adjacent public land, as determined by the Secretary
in applicable management plans.
(h)
Administration
(1)
Maps and legal descriptions
(A)
In general
As soon as practicable after the date of enactment of the Oregon and California Land Grant Act of
2014, the Secretary shall a prepare a map and legal description of each
Conservation Emphasis Area.
(B)
Effect
The maps and legal descriptions prepared under subparagraph (A) shall have the same force and
effect as if included in this Act, except that the Secretary may correct
any minor errors in the maps and legal descriptions.
(C)
Public availability
The maps and legal descriptions prepared under subparagraph (A) shall be available for public
inspection in the appropriate offices of the Bureau of Land Management.
(2)
Administration
(A)
Applicable law
The Secretary shall administer each Conservation Emphasis Area—
(i) in a manner that furthers the purposes for which the Conservation Emphasis Area was established;
and
(ii) in accordance with—
(I) this subsection;
(II) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(III) any other applicable Federal laws.
(B)
Uses
The Secretary shall only allow uses of a Conservation Emphasis Area that are consistent with the
purposes and values for which the Conservation Emphasis Area is
established.
(C)
Withdrawal
Subject to valid existing rights, all Federal surface and subsurface land within a Conservation
Emphasis Area is withdrawn from—
(i) all forms of entry, appropriation, or disposal under the public land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) operation under the mineral leasing and geothermal leasing laws.
(3)
Adjacent management
Nothing in this section creates any protective perimeter or buffer zone around an area designated
under this section.
(4)
Use of motorized vehicles
The use of motorized vehicles within the Conservation Emphasis Areas shall be limited to roads
allowed by the Secretary for such use, provided that the Secretary may
allow off-road vehicle use in designated portions of the areas designated
by this section if such use is consistent with the purposes and values for
which the area was designated.
(5)
Forest management
(A)
In general
Subject to subparagraph (B), in the Conservation Emphasis Area (other than a special management
area designated by subsection (e)), the cutting, sale, or removal of
timber may be permitted—
(i) to the extent necessary to improve forest health in ways that also—
(I) improve the habitats of threatened or endangered species or species considered sensitive by the
Secretary over the long term after completion of the vegetation management
project; or
(II) in the case of harvests in moist forest sites, is conducted—
(aa) through variable density and clump based thinning;
(bb) in a manner that retains legacy trees; and
(III) in the case of dry forests, through partial cutting in a manner that retains legacy trees;
(ii) is also in furtherance of the purposes for which the Conservation Emphasis Area was established; or
(iii) for de minimis personal or administrative use within a Conservation Emphasis Area established in
subsection (a), if the use would not impact the purposes for which the
Conservation Network was established.
(B)
Exceptions
Notwithstanding subparagraph (A), forest thinning and vegetation treatments may be permitted in a
special management area designated by subsection (e), if the purpose of
the treatments is—
(i) to improve forest health in a case in which the forest is threatened by uncharacteristic fire, an
insect event, or disease;
(ii) to improve or maintain recreational facilities and opportunities; or
(iii) to protect public health or safety.
(C)
Calculation
The Secretary shall calculate the quantity of timber that the Secretary would
produce from the Conservation Emphasis Areas as a by-product
of the conservation management, not including riparian reserves
established under section 4 and Late Successional
Old-Growth Heritage Reserves.
(i)
Roads
(1)
In general
The Secretary, to the maximum extent practicable, shall decrease the total mileage of system roads
that are operational in the Conservation Emphasis Areas to a quantity less
than the quantity of mileage in existence on the date of enactment of the
Oregon and California Land Grant Act of 2014. The Secretary shall
prioritize decreasing the mileage of the road network in order to reduce
impacts to water quality from sediment delivered to streams by forest
roads.
(2)
Temporary roads
If the Secretary constructs a temporary road as part of a vegetation management project, the
Secretary shall close and decommission the temporary road not later than
the earlier of—
(A) the date that is 2 years after the date on which the activity for which the temporary road was
constructed is completed; and
(B) the date that is 1 year after the date on which the vegetation management project is completed.
(3)
No new roads
The Secretary shall prohibit any new system or nonsystem road within the Conservation Emphasis
Areas and key watersheds under the NWFP after the date of enactment of the
Oregon and California Land Grant Act of 2014 except as necessary, where no
practicable alternative exists and subject to the availability of
appropriations. The Secretary shall also prohibit the construction of any
new road in any roadless area or areas with wilderness characteristics.
(4)
Roads in riparian areas
Requirements in section 4(b) apply to riparian reserves in the Conservation Emphasis Areas.
11.
Land management rationalization
(a)
In general
The Secretary may exchange Federal land in the Moist Forestry
Emphasis Area or the Dry Forestry Emphasis Area or the Conservation
Emphasis Area or interests in the Federal land in the Emphasis Areas for
adjacent non-Federal land or interests in the non-Federal land if—
(1) the Federal land does not contain critical habitat for a species listed under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.);
(2) the Federal land is not identified in the landscape prioritization plan developed under section
6(a);
(3) the Secretary determines that the land exchange would facilitate the administration of the Moist
Forestry Emphasis Area or Dry Forestry Emphasis Area or the Conservation
Emphasis Area; and
(4) the Secretary determines that the land exchange is in the public interest, including, but not
limited to, the acknowledgment that the consolidation of Federal land and
non-Federal land and the enhancement of conservation values are in the in
public interest.
(b)
Bureau of land management lands to the forest service
(1)
In general
The approximately 25,000 acres of lands, as generally depicted as BLM to USFS on the map entitled O & C Land Grant Act of 2014: Land Management Rationalization and dated November 3, 2014, are transferred to the administration of the Forest Service in the
Department of Agriculture from the administration of the Department of the
Interior Bureau of Land Management.
(2)
Management
The Secretary of Agriculture, through the Chief of the Forest Service, shall manage the lands
described in paragraph (1):
(A) as other National Forest Systems lands and subject to the same statutes, regulations and policies;
(B) as they have been generally managed under the Northwest Forest Plan and the appropriate Bureau of
Land Management resource management plan at least until revised in a
land and resource management plan revision; and
(C) under any specific statutes that may apply to any of these lands.
(3)
National forest boundaries
The Secretary of Agriculture, through the Chief of the Forest Service, shall adjust the official
boundaries of the relevant national forests to accommodate the inclusion
of the lands described in paragraph (1).
(c)
Forest service lands to the bureau of land management
(1)
Land for management rationalization between bureau of land management and forest service
Not later than 30 days after the date of enactment of the Oregon and California Land Grant Act of 2014, the Secretary of Agriculture shall identify for
transfer to the Secretary of the Interior approximately 102,000 acres of
U.S. Forest Service land, some of which is identified on the map entitled O&C Land Grant Act of 2014: Land Management Rationalization and dated November 3, 2014, with the following criteria—
(A) adjacent to existing Bureau of Land Management covered land under this Act;
(B) facilitates management by reducing fragmentation and creating more contiguous parcels of lands for
both the U.S. Forest Service and Bureau of Land Management lands; and
(C) appropriate for designation into Moist or Dry Forestry Emphasis Areas as identified in this Act;
and
(D) not within—
(i) inventoried roadless areas;
(ii) wilderness or other designated conservation areas; or
(iii) high-quality critical habitat.
(2)
Management
The Secretary shall manage the lands described in subparagraph (1) under this Act, including
section 4(a)(1) without modification under section 4(a)(2).
(3)
Land Management Rationalization within the Bureau of Land Management
Not later than 30 days after completion of actions required under paragraph (1), the Secretary of
Agriculture and the Secretary of the Interior shall identify for transfer
to the Secretary of the Interior not less than 206,000 acres of Forest
Service land ecologically associated with the acres identified in
paragraph (1) and other covered lands, suitable for conservation
protection.
(4)
Land allocation
(A)
Forest Emphasis Areas
The Secretary shall allocate, as most appropriately consistent with this Act, the lands described
in paragraph (3) into—
(i) moist forestry emphasis area subject to the provisions of section 8; or
(ii) dry forestry emphasis area subject to the provisions of section 9.
(B)
Conservation Emphasis Areas
The Secretary shall designate the lands described in paragraph (3) as Conservation Emphasis Areas
to be managed under section 10 and section 4(a)(1) without modification
under section 4(a)(2) of this Act.
(5)
Report to congress
(A)
In general
Within one year of the date of enactment of the Oregon and California Land Grant Act of 2014, the
Secretary shall submit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Natural Resources of the House of
Representatives a report detailing how, after consideration of public
comment in subparagraph (B), the lands described in paragraph (1) were
allocated pursuant to paragraph (3).
(B)
Public comment
Before submitting the report as required in subparagraph (A), the Secretary shall make a draft
available for public comment for no less than 60 days.
(d)
Army corps of engineers lands to the bureau of land management
(1)
In general
The approximately 3,502 acres of lands, as generally depicted as USACE to BLM on the map entitled O & C Land Grant Act of 2014: Land Management Rationalization and dated November 3, 2014, are transferred to the administration of the Bureau of Land Management
in the Department of the Interior from the administration of the United
States Army Corps of Engineers.
(2)
Management
(A)
Bureau of land management
The Secretary shall—
(i) allocate as appropriate the transferred lands that are not within the Elk Creek Wild and Scenic
River management corridor, to the Dry Areas Conservation Network or the
Moist Areas Conservation Network established in Sec. 10(a); and
(ii) manage the transferred lands consistent with this Act.
(B)
Us army corps of engineers
The Secretary of the Army, through the Corps of Engineers, will continue to have the obligation to
maintain the safe condition of the Elk Creek Dam structure, rock piles and
associated components, in an area of approximately 147.1 acres of the
transferred lands.
(e)
Legacy roads and trails program
(1)
In general
The Secretary shall establish a program to be known as the Legacy Roads and Trails program to provide—
(A) urgently needed road decommissioning, road and trail repair and maintenance and associated
activities, and removal of fish passage barriers, especially in areas in
which roads may be contributing to water quality problems in streams and
water bodies that support threatened, endangered, or sensitive species or
community water sources;
(B) urgently needed road repairs required due to recent storm events; or
(C) the decommissioning of unauthorized roads that are not part of the transportation system.
(2)
Project selection
(A)
In general
The Secretary shall—
(i) consider public input in the selection of projects; and
(ii) publish the selection process of the Secretary on the website of the Bureau of Land Management.
(B)
Priorities
In selecting projects under this subsection, the Secretary shall give priority to decommissioning
and repairing roads and trails in—
(i) environmentally sensitive areas; and
(ii) areas in which roads may be contributing to water quality problems in streams and water bodies that
support threatened or endangered species, or species considered sensitive
by the Secretary.
(3)
Report to congress
Not later than 120 days after the end of each fiscal year, the Secretary shall submit to Congress a
report on the status of the projects selected for completion in the
previous 2 fiscal years.
(4)
Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $5,000,000 adjusted for
inflation for each of fiscal years 2013 through 2023.
12.
Distribution of funds
(a)
In general
Effective for fiscal year 2014 and each fiscal year thereafter, all receipts generated from
activities on covered land shall be collected, deposited in a separate
fund in the Treasury designated the Oregon and California Railroad Grant Lands Fund, and distributed annually in accordance with this section and title II of the Oregon and
California Land Grant Act (43 U.S.C. 1181f) and sections 1 through 4 of
the Act of May 24, 1939 (43 U.S.C. 1181f-1 through 1181f-4), as
applicable.
(b)
General fund
Subject to subsection (d)(4), as soon as practicable after the end of each fiscal year described in
subsection (a), $4,000,000 of all amounts received by the Secretary for
the applicable fiscal year from the covered land shall be transferred to
the general fund of the Treasury.
(c)
Administrative costs
(1)
In general
Subject to paragraph (2) and subsection (d)(4), all amounts received for the applicable fiscal year
by the Secretary from the covered land shall be used to pay for the
management of, administrative expenses for, and capital improvement costs
for the covered land, including the protection or restoration of fish and
wildlife habitat on the covered land.
(2)
Limitations
The amount of revenue that is used to pay for expenses and costs for a fiscal year under paragraph
(1) shall not exceed—
(A) 25 percent of all amounts received for the applicable fiscal year by the Secretary from the covered
land during the fiscal year; or
(B) $20,000,000 in 2014 dollars indexed for inflation.
(d)
Payments to counties
(1)
In general
All amounts received for the applicable fiscal year by the Secretary from the covered land during a
fiscal year that is in excess of the amount necessary to carry out
subsections (b) and (c) shall be provided to the counties that contain
covered land (referred to in this subsection as a covered county) in the form of annual payments.
(2)
Timing
Payments shall be made available to covered counties under this subsection as soon as practicable
following the end of each fiscal year.
(3)
Other county funds
Payments made to covered counties under this subsection shall be used as other county funds.
(4)
Minimum amount
(A)
In general
Subject to clauses (ii) and (iii), the annual payment paid to a covered county under this
subsection, to the extent practicable, shall not be less than the payment
that the covered county would have received solely under this Act (as in
effect on the day before the date of enactment of the Oregon and
California Land Grant Act of 2014) for fiscal year 2013 if the covered
county had elected to receive payment under this Act and not under any
other law.
(B)
Use of general fund share
If the portion of revenues to be provided to a covered county for a fiscal year is less than the
amount described in clause (i), the payment made to the Treasury for the
fiscal year under subsection (b) shall be reduced by an amount necessary
to provide the minimum payments required under clause (i) for the covered
county.
.
(b)
Conforming amendments
(1)
National landscape conservation system additions
Section 2002(b)(2) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7202(b)(2)) is
amended—
(A) in subparagraph (D), by striking and after the semicolon;
(B) by redesignating subparagraph (E) as subparagraph (F); and
(C) by inserting after subparagraph (D) the following:
(E) public land designated as Oregon and California Land grant land in the State of Oregon,
administered by the Bureau of Land Management as conservation emphasis
areas; and
.
(2)
Settlement of controverted land status
The first section of the Act of June 24, 1954 (68 Stat. 270, chapter 357; 43 U.S.C. 1181g) is
amended in subsection (a)—
(A) by striking are hereby declared to be revested Oregon and California Railroad grant lands; and said lands; and
(B) by striking : Provided, That and all that follows through the end of the subsection and inserting a period.
102.
Designation of wild and scenic rivers
(a)
Designation of wild and scenic river segments
(1)
In general
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end
the following:
(208)
Nestucca river, oregon
The approximately 15.5-mile segment from its confluence with Ginger Creek downstream until it
crosses T. 4 S., R. 7 W., sec. 7, Willamette Meridian, to be administered
by the Secretary of the Interior as a recreational river.
(209)
Walker creek, oregon
The approximately 2-mile segment from the headwaters in T. 3 S., R. 6 W., sec. 20 downstream to the
confluence with the Nestucca River in T. 3 S., R. 6 W., sec. 15,
Willamette Meridian, to be administered by the Secretary of the Interior
as a recreational river.
(210)
North fork silver creek, oregon
The approximately 6-mile segment from the headwaters in T. 35 S., R. 9 W., sec. 1 downstream to the
edge of the Bureau of Land Management boundary in T. 35 S., R. 9 W., sec.
17, Willamette Meridian, to be administered by the Secretary of the
Interior as a recreational river.
(211)
Jenny creek, oregon
The approximately 17.6-mile segment from the Bureau of Land Management boundary located at the
north boundary of the southwest quarter of the southeast quarter of T. 38
S., R. 4 E., sec. 34, Willamette Meridian, downstream to the Oregon State
border, to be administered by the Secretary of the Interior as a scenic
river.
(212)
Spring creek, oregon
The approximately 1.1-mile segment from its source at Shoat Springs in T. 40 S., R. 4 E., sec. 34,
Willamette Meridian, downstream to the confluence with Jenny Creek in T.
41 S., R. 4 E., sec. 3, Willamette Meridian, to be administered by the
Secretary of the Interior as a scenic river.
(213)
Lobster creek, oregon
The approximately 5-mile segment from T. 15 S., R. 8 W., sec. 35, Willamette Meridian, downstream
to the edge of the Bureau of Land Management boundary in T. 15 S., R. 8
W., sec. 15, Willamette Meridian, to be administered by the Secretary of
the Interior as a recreational river.
(214)
Elk creek, oregon
The approximately 7.3-mile segment from its confluence with Flat Creek near river mile 9, to the
southern edge of the Army Corps of Engineers boundary in T. 33 S., R. 1
E., sec. 30, Willamette Meridian, near river mile 1.7, to be administered
by the Secretary of the Interior as a scenic river.
.
(2)
Administration
(A)
Lateral boundaries
Notwithstanding section 3(b), the lateral boundaries of the scenic river area along Elk Creek shall
include an average of not more than 640 acres per mile measured from the
ordinary high water mark on both sides of the river.
(B)
Deauthorization
The Elk Creek Project, authorized by the Flood Control Act of 1962 (Public Law 87–874, 21 September
1962) is deauthorized.
(b)
Elk river salmon emphasis area, elk river, oregon
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph
(76) and inserting the following:
(76)
Elk, oregon
The 63.1-mile segment to be administered by the Secretary of Agriculture in the following classes:
(A)
Mainstem
The 17-mile segment from the confluence of the North and South Forks of the Elk to Anvil Creek as a
recreational river.
(B)
North fork
(i) The approximately 0.6 mile segment of the North Fork Elk from its source in sec.21, T. 33 S., R. 12
W., Willamette Meridian, downstream to 0.01 miles below Forest Service
Road 3353, as a scenic river.
(ii) The approximately 5.5-mile segment of the North Fork Elk from 0.01 miles below Forest Service Road
3353 to its confluence with the South Fork Elk, as a wild river.
(C)
South fork
(i) The approximately 0.9-mile segment of the South Fork Elk from its source in the southeast quarter
of sec. 32, T. 33 S., R. 12 W., Willamette Meridian, downstream to 0.01
miles below Forest Service Road 3353, as a scenic river.
(ii) The approximately 4.2-mile segment of the South Fork Elk from 0.01 miles below Forest Service Road
3353 to its confluence with the North Fork Elk, as a wild river.
(D)
Other tributaries
(i)
Rock creek
The approximately 1.7-mile segment of Rock Creek from its headwaters to its confluence with Elk
River, as a wild river.
(ii)
Bald mountain creek
The approximately 8-mile segment of Bald Mountain Creek from its headwaters, including Salal Spring
to its confluence with Elk River, as a recreational river.
(iii)
South fork bald mountain creek
The approximately 3.5-mile segment of South Fork Bald Mountain Creek from its headwaters to its
confluence with Bald Mountain Creek, as a scenic river.
(iv)
Platinum creek
The approximately 1-mile segment of Platinum Creek from—
(I) its headwaters to 0.01 miles above Forest Service Road 5325, as a wild river; and
(II) 0.01 miles above Forest Service Road 5325 to its confluence with Elk River, as a wild river.
(v)
Panther creek
The approximately 5.0-mile segment of Panther Creek from—
(I) its headwaters, including Mountain Well, to 0.01 miles above Forest Service Road 5325, as a wild
river; and
(II) 0.01 miles above Forest Service Road 5325 to its confluence with Elk River, as a scenic river.
(vi)
East fork panther creek
The approximately 3.0-mile segment of East Fork Panther Creek from it headwaters, to the confluence
with Panther Creek, as a wild river.
(vii)
West fork panther creek
The approximately 3.0-mile segment of West Fork Panther Creek from its headwaters to the confluence
with Panther Creek as a wild river.
(viii)
Lost creek
The approximately 1.0-mile segment of Lost Creek from—
(I) its headwaters to 0.01 miles above Forest Service Road 5325, as a wild river; and
(II) 0.01 miles above Forest Service Road 5325 to its confluence with the Elk River, as a scenic river.
(ix)
Milbury creek
The approximately 1.5-mile segment of Milbury Creek from—
(I) its headwaters to 0.01 miles above Forest Service Road 5325, as a wild river; and
(II) 0.01 miles above Forest Service Road 5325 to its confluence with the Elk River, as a scenic river.
(x)
Blackberry creek
The approximately 5.0-mile segment of Blackberry Creek from—
(I) its headwaters to 0.01 miles above Forest Service Road 5325, as a wild river; and
(II) 0.01 miles above Forest Service Road 5325 to its confluence with the Elk River, as a scenic river.
(xi)
Mccurdy creek
The approximately 1.0-mile segment of McCurdy Creek from—
(I) its headwaters to 0.01 miles above Forest Service Road 5325, as a wild river; and
(II) 0.01 miles above Forest Service Road 5325 to its confluence with the Elk River, as a scenic river.
and
(xii)
Bear creek
The approximately 1.5-mile segment of Bear Creek from headwaters to the confluence with Bald
Mountain Creek, as a recreational river.
.
(c)
Withdrawal
Subject to valid existing rights, the Federal land within the boundaries of the river segments
designated by paragraphs (208) through (215) of section 3(a) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(a)) is withdrawn from all forms of—
(1) entry, appropriation, or disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and geothermal leasing or mineral materials.
II
Tribal land
A
Oregon Coastal Land Conveyance
201.
Definitions
In this subtitle:
(1)
Federal land
The term Federal land means the approximately 14,804 acres of Federal land, as generally depicted on the map entitled Oregon Coastal Land Conveyance, and dated March 27, 2013.
(2)
Planning area
The term planning area means land—
(A) administered by the Director of the Bureau of Land Management; and
(B) located in—
(i) the Coos Bay District;
(ii) the Eugene District;
(iii) the Medford District;
(iv) the Roseburg District;
(v) the Salem District; or
(vi) the Klamath Falls Resource Area of the Lakeview District.
(3)
Secretary
The term Secretary means the Secretary of the Interior.
(4)
Tribe
The term Tribe means the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians.
202.
Conveyance
(a)
In general
Subject to valid existing rights, including rights-of-way and reciprocal rights-of-way, all right,
title, and interest of the United States in and to the Federal land,
including any improvements located on the Federal land, appurtenances to
the Federal land, and minerals on or in the Federal land, including oil
and gas, shall be—
(1) held in trust by the United States for the benefit of the Tribe; and
(2) part of the reservation of the Tribe.
(b)
Survey
Not later than 180 days after the date of enactment of this Act, if the Secretary determines a
survey to be necessary, the Secretary shall complete a survey of the
boundary lines to establish the boundaries of the land taken into trust
under subsection (a).
203.
Map and legal description
(a)
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and
legal description of the Federal land with—
(1) the Committee on Energy and Natural Resources of the Senate; and
(2) the Committee on Natural Resources of the House of Representatives.
(b)
Force and effect
The map and legal description filed under subsection (a) shall have the same force and effect as if
included in this subtitle, except that the Secretary may correct any
clerical or typographical errors in the map or legal description.
(c)
Public availability
The map and legal description filed under subsection (a) shall be on file and available for public
inspection in the Office of the Secretary.
204.
Administration
(a)
In general
Unless expressly provided in this subtitle, nothing in this subtitle affects any right or claim of
the Tribe existing on the date of enactment of this Act to any land or
interest in land.
(b)
Prohibitions
(1)
Exports of unprocessed logs
Federal law (including regulations) relating to the export of unprocessed logs harvested from
Federal land shall apply to any unprocessed logs that are harvested from
the Federal land.
(2)
Non-permissible use of land
Any real property taken into trust under section 202(a) shall not be eligible, or used, for
any gaming activity carried out under Public Law 100–497 (25 U.S.C.
2701 et seq.).
205.
Forest management
(a)
Applicable law
Any commercial forestry activity that is carried out on the Federal land shall be managed in
accordance with all applicable Federal laws, including the National Indian
Forest Resources Management Act (25 U.S.C. 3101 et seq.).
(b)
Agreements
The Tribe shall consult with the Secretary and other parties as necessary to develop agreements to
provide for access to the land taken into trust under section 202(a) that
provide for—
(1) honoring existing reciprocal right-of-way agreements;
(2) administrative access by the Bureau of Land Management; and
(3) management of the parcels of the land taken into trust under section 202(a) that are acquired or
developed under the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–4 et seq.), consistent with section 8(f)(3) of that Act (16
U.S.C. 460l– 8(f)(3)).
(c)
Land use planning requirements
On conveyance of the Federal land to the Tribe under section 202, the Federal land shall not be
subject to the land use planning requirements of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Act of August
28, 1937 (50 Stat. 874, chapter 876; 43 U.S.C. 1181a et seq.).
B
Canyon Mountain Land Conveyance
211.
Definitions
In this subtitle:
(1)
Federal land
The term Federal land means the approximately 17,826 acres of Federal land, as generally depicted on the map entitled Canyon Mountain Land Conveyance, and dated June 27, 2013.
(2)
Planning area
The term planning area means land—
(A) administered by the Director of the Bureau of Land Management; and
(B) located in—
(i) the Coos Bay District;
(ii) the Eugene District;
(iii) the Medford District;
(iv) the Roseburg District;
(v) the Salem District; or
(vi) the Klamath Falls Resource Area of the Lakeview District.
(3)
Secretary
The term Secretary means the Secretary of the Interior.
(4)
Tribe
The term Tribe means the Cow Creek Band of Umpqua Tribe of Indians.
212.
Conveyance
(a)
In general
Subject to valid existing rights, including rights-of-way and reciprocal rights-of-way, all right,
title, and interest of the United States in and to the Federal land,
including any improvements located on the Federal land, appurtenances to
the Federal land, and minerals on or in the Federal land, including oil
and gas, shall be—
(1) held in trust by the United States for the benefit of the Tribe; and
(2) part of the reservation of the Tribe.
(b)
Survey
Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a
survey of the boundary lines to establish the boundaries of the land taken
into trust under subsection (a).
213.
Map and legal description
(a)
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and
legal description of the Federal land with—
(1) the Committee on Energy and Natural Resources of the Senate; and
(2) the Committee on Natural Resources of the House of Representatives.
(b)
Force and effect
The map and legal description filed under subsection (a) shall have the same force and effect as if
included in this subtitle except that the Secretary may correct any
clerical or typographical errors in the map or legal description.
(c)
Public availability
The map and legal description filed under subsection (a) shall be on file and available for public
inspection in the Office of the Secretary.
214.
Administration
(a)
In general
Unless expressly provided in this subtitle, nothing in this subtitle affects any right or claim of
the Tribe existing on the date of enactment of this Act to any land or
interest in land.
(b)
Prohibitions
(1)
Exports of unprocessed logs
Federal law (including regulations) relating to the export of unprocessed logs harvested from
Federal land shall apply to any unprocessed logs that are harvested from
the Federal land.
(2)
Non-permissible use of land
Any real property taken into trust under section 212 shall not be eligible, or used, for any
gaming activity carried out under Public Law 100– 497 (25 U.S.C.
2701 et seq.).
(c)
Effect on timber sale contracts
Nothing in this subtitle affects any timber sale contracts awarded as of the date of enactment of
this Act.
215.
Forest management
(a)
Applicable law
Any commercial forestry activity that is carried out on the Federal land shall be managed in
accordance with all applicable Federal laws, including the National Indian
Forest Resources Management Act (25 U.S.C. 3101 et seq.).
(b)
Agreements
The Tribe shall consult with the Director of the Bureau of Land Management and other parties as
necessary to develop agreements to provide for access to the land taken
into trust under section 212(a) that provide for—
(1) honoring existing reciprocal right-of-way agreements; and
(2) administrative access by the Bureau of Land Management.
(c)
Land use planning requirements
On conveyance of the Federal land to the Tribe under section 212, the Federal land shall not be
subject to the land use planning requirements of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Act of August
28, 1937 (50 Stat. 874, chapter 876; 43 U.S.C. 1181a et seq.).
C
Amendments to Coquille Restoration Act
221.
Amendments to Coquille Restoration Act
Section 5(d) of the Coquille Restoration Act (25 U.S.C. 715c(d)) is amended—
(1) by striking paragraph (5) and inserting the following:
(5)
Management
(A)
In general
Subject to subparagraph (B), the Secretary of the Interior, acting through the
Assistant Secretary for Indian Affairs, shall—
(i) manage the Coquille Forest in accordance with the laws pertaining to the
management of Indian trust land; and
(ii) distribute revenues in accordance with the National Indian Forest
Resources Management Act (25 U.S.C. 3101 et seq.).
(B)
Administration
(i)
Unprocessed logs
Unprocessed logs harvested from the Coquille Forest shall be subject to
the same Federal statutory restrictions on export
to foreign nations that apply to unprocessed logs harvested from Federal
land.
(ii)
Sales of timber
Notwithstanding any other provision of law, all sales of timber
from land subject to this subsection shall be advertised,
offered, and awarded according to competitive bidding
practices, with sales being awarded to the
highest responsible bidder.
.
(2) by striking paragraph (9); and
(3) by redesignating paragraphs (10) through (12) as paragraphs (9) through (11), respectively.
III
Oregon treasures
A
Wild Rogue Wilderness area
301.
Wild Rogue Wilderness area
(a)
Definitions
In this section:
(1)
Commission
The term Commission means the Federal Energy Regulatory Commission.
(2)
Map
The term Map means the map entitled Wild Rogue Wilderness Additions and dated June 12, 2013.
(3)
Secretary
The term Secretary means—
(A) the Secretary of the Interior, with respect to public land administered by the
Secretary of the Interior; or
(B) the Secretary of Agriculture, with respect to National Forest System land.
(4)
Wilderness additions
The term Wilderness additions means the land added to the Wild Rogue Wilderness under subsection (b)(1).
(b)
Expansion of wild rogue wilderness area
(1)
Expansion
The approximately 56,100 acres of Federal land in the State of Oregon generally depicted on the
map as BLM Proposed Wilderness and Proposed USFS Wilderness shall be added to and administered as part of the Wild Rogue Wilderness in accordance with
Public Law 95–237 (16 U.S.C. 1132 note; 92 Stat. 43 ), except that—
(A) the Secretary of the Interior and the Secretary of Agriculture shall administer
the Federal land under their respective jurisdiction; and
(B) any reference in that Act to the Secretary of Agriculture shall be considered to be
a reference to the Secretary of Agriculture or the Secretary of the
Interior, as applicable.
(2)
Map; legal description
(A)
In general
As soon as practicable after the date of enactment of this Act, the
Secretary shall prepare a map and legal description of the wilderness area
designated by paragraph (1).
(B)
Force of law
The map and legal description filed under subparagraph (A) shall have the same
force and effect as if included in this section, except that the
Secretary may correct typographical errors in the map and legal
description.
(C)
Public availability
The map and legal description filed under subparagraph (A) shall be
on file and available for public inspection in the
appropriate offices of the Bureau of Land Management and Forest Service.
(3)
Correction
Section 3(b) of the Endangered American Wilderness Act of 1978 (16 U.S.C. 1132 note; Public
Law 95–237; 92 Stat. 43) is amended by striking 3(a)(5) and inserting 3(a)(5)(A).
(4)
Withdrawal
Subject to valid existing rights, the Wilderness additions are withdrawn from all forms of—
(A) entry, appropriation, or disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws pertaining to mineral and geothermal leasing or
mineral materials.
(5)
Tribal rights
Nothing in this subsection alters, modifies, enlarges, diminishes, or abrogates the treaty rights
of any Indian tribe.
(c)
Potential addition to wilderness area
(1)
Designation
Subject to paragraph (3) and in furtherance of the purposes of the Wilderness Act (16
U.S.C. 1131 et seq.), certain public land in the State of Oregon
administered by the Secretary of the Interior, compromising approximately
600 acres, as generally depicted on the map as Potential Wilderness, shall be added to and administered as part of the Wild Rogue Wilderness.
(2)
Interim management
Subject to valid existing rights, the Secretary shall manage the land described in paragraph (1)
to protect its suitability for designation as wilderness until the date
on which the land is designated as wilderness in accordance with paragraph
(3).
(3)
Wilderness designation
(A)
In general
The land described in paragraph (1) shall be designated as wilderness and
added to and administered as part of the Wild Rogue Wilderness
on the date on which the Secretary publishes in the Federal Register
notice that the conditions in the potential
wilderness area that are incompatible with the Wilderness
Act (16 U.S.C. 1131 et seq.) have been removed.
(B)
Administration
On designation as wilderness under paragraph (1), the land described in that
paragraph shall be administered in accordance with this
Act, the Wilderness Act (16 U.S.C. 1131 et seq.), and Public Law 95–237
(16 U.S.C. 1132 note; 92 Stat. 40).
(4)
Withdrawal
Subject to valid existing rights, the land described in paragraph (1) is withdrawn from all forms
of—
(A) entry, appropriation, or disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws pertaining to mineral and geothermal leasing or
mineral materials.
(d)
Withdrawal area protections
(1)
In general
The Secretary shall manage the Federal land described in paragraph (2) in a manner that
preserves the natural and primitive character of the land for
recreational, scenic, and scientific use.
(2)
Description of the land
The Federal land referred to in paragraph (1) is the approximately 4,000 acres generally
depicted on the map as Withdrawal Area.
(3)
Maps and legal descriptions
(A)
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a
map and legal description of the land described in paragraph (2).
(B)
Force of law
The map and legal description filed under subparagraph (A) shall have the same force and
effect as if included in this section, except that the Secretary may
correct typographical errors in the map and legal description.
(C)
Public availability
The map and legal description filed under subparagraph (A) shall be on file and available for
public inspection in the appropriate offices of the Bureau of Land
Management.
(4)
Use of land
(A)
In general
Subject to valid existing rights, with respect to the Federal land described in paragraph (2),
the Secretary shall only allow uses that are consistent with the
purposes described in paragraph (1).
(B)
Prohibited uses
The following shall be prohibited on the Federal land described in paragraph (2):
(i) Permanent roads.
(ii) Commercial enterprises.
(iii) Except as necessary to meet the minimum requirements for the administration of the Federal land
and to protect public health and safety—
(I) the use of motor vehicles; or
(II) the establishment of temporary roads.
(5)
Withdrawal
Subject to valid existing rights, the Federal land described in paragraph (2) is withdrawn
from—
(A) all forms of entry, appropriation, or disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws relating to mineral and geothermal leasing or mineral materials.
(e)
Wild and scenic river designations, rogue river area
(1)
Amendments
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking
paragraph (5) and inserting the following:
(5)
Rogue, oregon
(A)
In general
The segment of the river extending from the mouth of the River downstream to the Lobster Creek
Bridge, to be administered by the Secretary of the Interior or the
Secretary of Agriculture, as agreed to by the Secretaries of the Interior
and Agriculture or as directed by the President.
(B)
Additions
In addition to the segment described in subparagraph (A), there are designated the following
segments in the Rogue River:
(i)
Kelsey creek
The approximately 6.8-mile segment of Kelsey Creek from the Wild Rogue Wilderness boundary in T. 32
S., R. 9 W., sec. 25, Willamette Meridian, to the confluence with the
Rogue River, as a wild river.
(ii)
East fork kelsey creek
(I)
Scenic river
The approximately 0.2-mile segment of East Fork Kelsey Creek from headwaters downstream to the Wild
Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 5, Willamette
Meridian, as a scenic river.
(II)
Wild river
The approximately 4.6-mile segment of East Fork Kelsey Creek from the Wild Rogue Wilderness
boundary in T. 33 S., R. 8 W., sec. 5, Willamette Meridian, to the
confluence with Kelsey Creek, as a wild river.
(iii)
Whisky creek
(I)
Recreational river
The approximately 0.6-mile segment of Whisky Creek from the confluence of the East Fork and West
Fork to 0.1 miles downstream from road 33-8-23, as a recreational river.
(II)
Wild river
The approximately 1.9-mile segment of Whisky Creek from 0.1 miles downstream from road 33-8-23 to
the confluence with the Rogue River, as a wild river.
(iv)
East fork whisky creek
(I)
Scenic river
The approximately 0.9-mile segment of East Fork Whisky Creek from its headwaters to Wild Rogue
Wilderness boundary in T. 33 S., R. 8 W., sec. 11, Willamette Meridian.,
as a scenic river.
(II)
Wild river
The approximately 2.6-mile segment of East Fork Whisky Creek from the Wild Rogue Wilderness
boundary in T. 33 S., R. 8 W., sec. 11, Willamette Meridian., to 0.1 miles
downstream of road 33-8-26 crossing, as a wild river.
(III)
Recreational river
The approximately 0.3-mile segment of East Fork Whisky Creek from 0.1 miles downstream of road
33-8-26 to the confluence with Whisky Creek, as a recreational river.
(v)
West fork whisky creek
The approximately 4.8-mile segment of West Fork Whisky Creek from its headwaters to the confluence
with the East Fork Whisky Creek, as a wild river.
(vi)
Big windy creek
(I)
Scenic river
The approximately 1.5-mile segment of Big Windy Creek from its headwaters to 0.1 miles downstream
from road 34-9-17.1, as a scenic river.
(II)
Wild river
The approximately 5.8-mile segment of Big Windy Creek from 0.1 miles downstream from road 34-9-17.1
to the confluence with the Rogue River, as a wild river.
(vii)
East fork big windy creek
(I)
Scenic river
The approximately 0.2-mile segment of East Fork Big Windy Creek from its headwaters to 0.1 miles
downstream from road 34-8-36, as a scenic river.
(II)
Wild river
The approximately 3.7-mile segment of East Fork Big Windy Creek from 0.1 miles downstream from road
34-8-36 to the confluence with Big Windy Creek, as a wild river.
(viii)
Little windy creek
(I)
Scenic river
The approximately 1.2-mile segment of Little Windy Creek from its headwaters to the Wild Rogue
Wilderness boundary in T. 33 S., R. 9 W., sec. 34, Willamette Meridian, as
a scenic river.
(II)
Wild river
The approximately 1.9-mile segment of Little Windy Creek from the Wild Rogue Wilderness boundary in
T. 33 S., R. 9 W., sec. 34, Willamette Meridian to the confluence with the
Rogue River, as a wild river.
(ix)
Howard creek
(I)
Scenic river
The approximately 0.3-mile segment of Howard Creek from its headwaters to 0.1 miles downstream of
road 34-9-34, as a scenic river.
(II)
Wild river
The approximately 6.9-mile segment of Howard Creek from 0.1 miles downstream of road 34-9-34 to the
confluence with the Rogue River, as a wild river.
(x)
Mule creek
(I)
Scenic river
The approximately 3.5-mile segment of Mule Creek from its headwaters downstream to the Wild Rogue
Wilderness boundary as a scenic river.
(II)
Wild river
The approximately 7.8-mile segment of Mule Creek from the Wild Rogue Wilderness boundary in T. 32
S., R. 9 W., sec. 29, Willamette Meridian, to the confluence with the
Rogue River, as a wild river.
(xi)
Anna creek
The approximately 3.5-mile segment of Anna Creek from its headwaters to the confluence with Howard
Creek, as a wild river.
(xii)
Missouri creek
(I)
Scenic river
The approximately 3.1-mile segment of Mule Creek from its headwaters downstream to the Wild Rogue
Wilderness boundary in T. 33 S., R. 10 W., sec. 24, Willamette Meridian,
as a scenic river.
(II)
Wild river
The approximately 1.6-mile segment of Missouri Creek from the Wild Rogue Wilderness boundary in T.
33 S., R. 10 W., sec. 24, Willamette Meridian, to the confluence with the
Rogue River, as a wild river.
(xiii)
Jenny creek
(I)
Scenic river
The approximately 3.1-mile segment of Jenny Creek from its headwaters downstream to the Wild Rogue
Wilderness boundary in T. 33 S., R. 9 W., sec. 28, Willamette Meridian, as
a scenic river.
(II)
Wild river
The approximately 1.8-mile segment of Jenny Creek from the Wild Rogue Wilderness boundary in T. 33
S., R. 9 W., sec. 28, Willamette Meridian, to the confluence with the
Rogue River, as a wild river.
(xiv)
Rum creek
(I)
Scenic river
The approximately 2.2-mile segment of Rum Creek from its headwaters to the Wild Rogue Wilderness
boundary in T. 34 S., R. 8 W., sec. 9., Willamette Meridian, as a scenic
river.
(II)
Wild river
The approximately 2.2-mile segment of Rum Creek from the Wild Rogue Wilderness boundary in T. 34
S., R. 8 W., sec. 9, Willamette Meridian, to the confluence with the Rogue
River, as a wild river.
(xv)
East fork rum creek
(I)
Scenic river
The approximately 0.8-mile segment of East Fork Rum Creek from its headwaters to the Wild Rogue
Wilderness boundary in T. 34 S., R. 8 W., sec. 10., Willamette Meridian,
as a scenic river.
(II)
Wild river
The approximately 1.3-mile segment of East Fork Rum Creek from the Wild Rogue Wilderness boundary
in T. 34 S., R. 8 W., sec. 10, Willamette Meridian, to the confluence with
Rum Creek, as a wild river.
(xvi)
Wildcat creek
The approximately 1.7-mile segment of Wildcat Creek from its headwaters downstream to the
confluence with the Rogue River, as a wild river.
(xvii)
Montgomery creek
The approximately 1.8-mile segment of Montgomery Creek from its headwaters downstream to the
confluence with the Rogue River, as a wild river.
(xviii)
Hewitt creek
(I)
Scenic river
The approximately 1.4-mile segment of Hewitt Creek from its headwaters to the Wild Rogue Wilderness
boundary in T. 33 S., R. 9 W., sec. 19.,Willamette Meridian, as a scenic
river.
(II)
Wild river
The approximately 1.2-mile segment of Hewitt Creek from the Wild Rogue Wilderness boundary in T. 33
S., R. 9 W., sec. 19, Willamette Meridian, to the confluence with the
Rogue River, as a wild river.
(xix)
Bunker creek
The approximately 6.6-mile segment of Bunker Creek from its headwaters to the confluence with the
Rogue River, as a wild river.
(xx)
Dulog creek
(I)
Scenic river
The approximately 0.8-mile segment of Dulog Creek from its headwaters to 0.1 miles downstream of
road 34-8-36, as a scenic river.
(II)
Wild river
The approximately 1.0-mile segment of Dulog Creek from 0.1 miles downstream of road 34-8-36 to the
confluence with the Rogue River, as a wild river.
(xxi)
Quail creek
The approximately 1.7-mile segment of Quail Creek from the Wild Rogue Wilderness boundary in T. 33
S., R. 10 W., sec. 1, Willamette Meridian, to the confluence with the
Rogue River, as a wild river.
(xxii)
Meadow creek
The approximately 4.1-mile segment of Meadow Creek from its headwaters to the confluence with the
Rogue River, as a wild river.
(xxiii)
Russian creek
(I)
Scenic river
The approximately 0.1-mile segment of Russian Creek from its headwaters to the Wild Rogue
Wilderness boundary in T. 33 S., R. 8 W., sec. 20., Willamette Meridian,
as a scenic river.
(II)
Wild river
The approximately 2.5-mile segment of Russian Creek from the Wild Rogue Wilderness boundary in T.
33 S., R. 8 W., sec. 20, Willamette Meridian, to the confluence with the
Rogue River, as a wild river.
(xxiv)
Alder creek
The approximately 1.2-mile segment of Alder Creek from its headwaters to the confluence with the
Rogue River, as a wild river.
(xxv)
Booze creek
The approximately 1.5-mile segment of Booze Creek from its headwaters to the confluence with the
Rogue River, as a wild river.
(xxvi)
Bronco creek
The approximately 1.8-mile segment of Bronco Creek from its headwaters to the confluence with the
Rogue River, as a wild river.
(xxvii)
Copsey creek
The approximately 1.5-mile segment of Copsey Creek from its headwaters to the confluence with the
Rogue River, as a wild river.
(xxviii)
Corral creek
The approximately 0.5-mile segment of Corral Creek from its headwaters to the confluence with the
Rogue River, as a wild river.
(xxix)
Cowley creek
The approximately 0.9-mile segment of Cowley Creek from its headwaters to the confluence with the
Rogue River, as a wild river.
(xxx)
Ditch creek
The approximately 1.8-mile segment of Ditch Creek from the Wild Rogue Wilderness boundary in T. 33
S., R. 9 W., sec. 5, Willamette Meridian, to its confluence with the Rogue
River, as a wild river.
(xxxi)
Francis creek
The approximately 0.9-mile segment of Francis Creek from its headwaters to the confluence with the
Rogue River, as a wild river.
(xxxii)
Long gulch
(I)
Scenic river
The approximately 1.4-mile segment of Long Gulch from its headwaters to the Wild Rogue Wilderness
boundary in T. 33 S., R. 10 W., sec. 23, Willamette Meridian, as a scenic
river.
(II)
Wild river
The approximately 1.1-mile segment of Long Gulch from the Wild Rogue Wilderness boundary in T. 33
S., R. 10 W., sec. 23, Willamette Meridian, to the confluence with the
Rogue River, as a wild river.
(xxxiii)
Bailey creek
(I)
Scenic river
The approximately 1.4-mile segment of Bailey Creek from its headwaters to the Wild Rogue Wilderness
boundary on the west section line of T. 34 S., R. 8 W., sec. 14,
Willamette Meridian, as a scenic river.
(II)
Wild river
The approximately 1.7-mile segment of Bailey Creek from the west section line of T. 34 S., R.8 W.,
sec.14, Willamette Meridian, to the confluence of the Rogue River, as a
wild river.
(xxxiv)
Shady creek
The approximately 0.7-mile segment of Shady Creek from its headwaters to the confluence with the
Rogue River, as a wild river.
(xxxv)
Slide creek
(I)
Scenic river
The approximately 0.5-mile segment of Slide Creek from its headwaters to 0.1 miles downstream from
road 33-9-6, as a scenic river.
(II)
Wild river
The approximately 0.7-mile section of Slide Creek from 0.1 miles downstream of road 33-9-6 to the
confluence with the Rogue River, as a wild river.
(xxxvi)
Quartz creek
The approximately 3.3-mile segment of Quartz Creek from its headwaters to its confluence with the
North Fork Galice Creek., as a scenic river.
(xxxvii)
North fork galice creek
The approximately 5.7-mile segment of the North Fork Galice Creek from its headwaters to its
confluence with Galice Creek, as a recreational river.
.
(2)
Management
Each river segment designated by subparagraph (B) of section 3(a)(5) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)(5)) (as added by paragraph (1)) shall be managed as
part of the Rogue Wild and Scenic River.
(3)
Withdrawal
Subject to valid existing rights, the Federal land within the boundaries of the river segments
designated under subparagraph (B) of section 3(a)(5) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by paragraph (1)) is
withdrawn from all forms of—
(A) entry, appropriation, or disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
(f)
Additional protections for rogue river tributaries
(1)
Licensing by commission
The Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse,
transmission line, or other project works on or directly affecting any
stream described in paragraph (4).
(2)
Other agencies
(A)
In general
No department or agency of the United States shall assist by loan, grant, license, or otherwise in
the construction of any water resources project on or directly affecting
any stream segment that is described in paragraph (4), except to maintain
or repair water resources projects in existence on the date of enactment
of this Act.
(B)
Effect
Nothing in this paragraph prohibits any department or agency of the United States in assisting by
loan, grant, license, or otherwise, a water resources project—
(i) the primary purpose of which is ecological or aquatic restoration; and
(ii) that provides a net benefit to water quality and aquatic resources.
(3)
Withdrawal
Subject to valid existing rights, the Federal land located within 1/4 mile on either side of the stream segments described in paragraph (4), is withdrawn from all forms
of—
(A) entry, appropriation, or disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
(4)
Description of stream segments
The following are the stream segments referred to in paragraph (1):
(A)
Kelsey creek
The approximately 2.5-mile segment of Kelsey Creek from its headwaters to Wild Rogue Wilderness
boundary in T. 32 S., R. 9 W., sec. 25.
(B)
Grave creek
The approximately 10.2-mile segment of Grave Creek from the confluence of Wolf Creek downstream to
the confluence with the Rogue River.
(C)
Centennial gulch
The approximately 2.2-mile segment of Centennial Gulch from its headwaters to its confluence with
the Rogue River.
(D)
Quail creek
The approximately 0.8-mile segment of Quail Creek from its headwaters to the Wild Rogue Wilderness
boundary in T. 33 S., R. 10 W., sec. 1., Willamette Meridian.
(E)
Ditch creek
The approximately 0.7-mile segment of Ditch Creek from its headwaters to the Wild Rogue Wilderness
boundary in T. 33 S., R. 9 W., sec. 5.,Willamette Meridian.
(F)
Galice creek
The approximately 2.2-mile segment of Galice Creek from the confluence with the South Forest Galice
Creek downstream to the confluence with the Rogue River.
B
Devil’s Staircase Wilderness
311.
Definitions
In this subtitle:
(1)
Map
The term map means the map entitled Devil’s Staircase Wilderness Proposal and dated June 15, 2010.
(2)
Secretary
The term Secretary means—
(A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of
Agriculture; and
(B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the
Interior.
(3)
State
The term State means the State of Oregon.
(4)
Wilderness
The term Wilderness means the Devil’s Staircase Wilderness designated by section 312(a).
312.
Devil’s Staircase Wilderness, Oregon
(a)
Designation
In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 30,540 acres of
Forest Service land and Bureau of Land Management land in the State, as
generally depicted on the map, is designated as wilderness and as a
component of the National Wilderness Preservation System, to be known as
the “Devil’s Staircase Wilderness
(b)
Map; legal description
(1)
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map
and legal description of the Wilderness.
(2)
Force of law
The map and legal description prepared under paragraph (1) shall have the same force and effect as
if included in this Act, except that the Secretary may correct clerical
and typographical errors in the map and legal description.
(3)
Availability
The map and legal description prepared under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest Service and
Bureau of Land Management.
(c)
Administration
Subject to valid existing rights, the area designated as wilderness by this section shall be
administered by the Secretary in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), except that—
(1) any reference in that Act to the effective date shall be considered to be a reference to the date
of enactment of this Act; and
(2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to
the Secretary that has jurisdiction over the land within the Wilderness.
(d)
Fish and wildlife
Nothing in this section affects the jurisdiction or responsibilities of the State with respect to
fish and wildlife in the State.
(e)
Adjacent management
(1)
In general
Nothing in this section creates any protective perimeter or buffer zone around the Wilderness.
(2)
Activities outside wilderness
The fact that a nonwilderness activity or use on land outside the Wilderness can be seen or heard
within the Wilderness shall not preclude the activity or use outside the
boundary of the Wilderness.
(f)
Protection of tribal rights
Nothing in this section diminishes any treaty rights of an Indian tribe.
(g)
Transfer of administrative jurisdiction
(1)
In general
Administrative jurisdiction over the approximately 49 acres of Bureau of Land Management land north
of the Umpqua River in sec. 32, T. 21 S., R. 11 W, is transferred from the
Bureau of Land Management to the Forest Service.
(2)
Administration
The Secretary shall administer the land transferred by paragraph (1) in accordance with—
(A) the Act of March 1, 1911 (commonly known as the Weeks Law) (16 U.S.C. 480 et seq.); and
(B) any laws (including regulations) applicable to the National Forest System.
313.
Wild and scenic river designations, Wasson Creek and Franklin Creek, Oregon
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 102(a))
is amended by adding at the end the following:
(215)
Franklin creek, oregon
The 4.5-mile segment from its headwaters to the line of angle points within sec. 8, T. 22 S., R. 10
W., shown on the survey recorded in the Official Records of Douglas
County, Oregon, as M64–62, to be administered by the Secretary of
Agriculture as a wild river.
(216)
Wasson creek, oregon
The 10.1-mile segment in the following classes:
(A) The 4.2-mile segment from the eastern boundary of sec. 17, T. 21 S., R. 9 W., downstream to the
western boundary of sec. 12, T. 21 S., R. 10 W., to be administered by the
Secretary of the Interior as a wild river.
(B) The 5.9-mile segment from the western boundary of sec. 12, T. 21 S., R. 10 W., downstream to the
eastern boundary of the northwest quarter of sec. 22, T. 21 S., R. 10 W.,
to be administered by the Secretary of Agriculture as a wild river.
.
C
Additional wild and scenic river designations and technical corrections
321.
Designation of wild and scenic river segments, Molalla River, Oregon
(a)
In general
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 313) is
amended by adding at the end the following:
(217)
Molalla river, oregon
(A)
In general
The following segments in the State of Oregon, to be administered by the Secretary of the Interior
as a recreational river:
(i)
Molalla river
The approximately 15.1-mile segment from the southern boundary line of T. 7 S., R. 4 E., sec. 19,
downstream to the edge of the Bureau of Land Management boundary in T. 6
S., R. 3 E., sec. 7.
(ii)
Table rock fork molalla river
The approximately 6.2-mile segment from the easternmost Bureau of Land Management boundary line in
the NE 1/4 sec. 4, T. 7 S., R. 4 E., downstream to the confluence with the Molalla River.
(B)
Withdrawal
Subject to valid existing rights, the Federal land within the boundaries of the river segments
designated by subparagraph (A) is withdrawn from all forms of—
(i) entry, appropriation, or disposal under the public land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) disposition under all laws relating to mineral and geothermal leasing or mineral materials.
.
(b)
Technical corrections
Section 3(a)(102) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(102)) is amended—
(1) in the paragraph heading, by striking Squaw creek and inserting Whychus Creek;
(2) in the matter preceding subparagraph (A), by striking McAllister Ditch, including the Soap Fork Squaw Creek, the North Fork, the South Fork, the East and
West Forks of Park Creek, and Park Creek Fork and inserting Plainview Ditch, including the Soap Creek, the North and South Forks of Whychus Creek, the East and
West Forks of Park Creek, and Park Creek; and
(3) in subparagraph (B), by striking McAllister Ditch and inserting Plainview Ditch.
322.
Technical corrections to the Wild and Scenic Rivers Act
Section 3(a)(69) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(69)) is amended—
(1) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and
indenting appropriately;
(2) in the matter preceding clause (i) (as so redesignated), by striking The 44.5–mile and inserting the following:
(A)
Designations
The 44.5–mile
;
(3) in clause (i) (as so redesignated)—
(A) by striking 25.5–mile and inserting 27.5–mile; and
(B) by striking Boulder Creek at the Kalmiopsis Wilderness boundary and inserting Mislatnah Creek;
(4) in clause (ii) (as so redesignated)—
(A) by striking 8–mile and inserting 7.5–mile; and
(B) by striking Boulder Creek to Steel Bridge and inserting Mislatnah Creek to Eagle Creek;
(5) in clause (iii) (as so redesignated)—
(A) by striking 11–mile and inserting 9.5–mile; and
(B) by striking Steel Bridge and inserting Eagle Creek; and
(6) by adding at the end the following:
(B)
Withdrawal
Subject to valid rights, the Federal land within the boundaries of the river segments designated by
subparagraph (A), is withdrawn from all forms of—
(i) entry, appropriation, or disposal under the public land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
.
D
Frank Moore Wild Steelhead Sanctuary
331.
Definitions
In this subtitle:
(1)
Map
The term Map means the map entitled “‘O&C Land Grant Act of 2014: Frank Moore Wild Steelhead Sanctuary" and dated November 3, 2014.
(2)
Secretary
The term Secretary means the Secretary of Agriculture acting through the Chief of the Forest Service.
(3)
State
The term State means the State of Oregon.
332.
Frank Moore Wild Steelhead Sanctuary, Oregon
(a)
Designation
The approximately 104,000 acres of Forest Service land in the State, as generally depicted on the
map, is designated as the Frank Moore Wild Steelhead Sanctuary.
(b)
Map; legal description
(1)
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map
and legal description of the Frank Moore Wild Steelhead Sanctuary.
(2)
Force of law
The map and legal description prepared under paragraph (1) shall have the same force and effect as
if included in this Act, except that the Secretary may correct clerical
and typographical errors in the map and legal description.
(3)
Availability
The map and legal description prepared under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest Service.
(c)
Administration
Subject to valid existing rights, the area designated as the Frank Moore Wild Steelhead Sanctuary
by this
section shall be administered by the Secretary in accordance with the all
laws (including regulations applicable to the National Forest System, and
in addition for the purposes of protecting, preserving and enhancing the
natural character, scientific use, and
the botanical, recreational, ecological, fish and wildlife, scenic,
drinking water, and cultural values of the areas and to preserve
opportunities for primitive recreation and especially to protect and
enhance the wild salmonid resources of this area and maintain the
watershed as a thermal refuge for native salmonids.
(d)
Fish and wildlife
Nothing in this section affects the jurisdiction or responsibilities of the State with respect to
fish and wildlife in the State.
(e)
Adjacent management
(1)
In general
Nothing in this section creates any protective perimeter or buffer zone around the Frank Moore Wild
Steelhead
Sanctuary.
(2)
Adjacent management
Nothing in this section creates any protective perimeter or buffer zone around an area designated
under this section.
(f)
Protection of tribal rights
Nothing in this section diminishes any treaty rights of an Indian tribe.
(g)
Withdrawal
Subject to valid existing rights, the Federal land within the boundaries of the Frank Moore Wild
Steelhead Sanctuary river segments
designated by subsection (a) is withdrawn from all forms of—
(1) entry, appropriation, or disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and geothermal leasing or mineral materials.
(h)
Uses
The Secretary shall only allow uses of the Frank Moore Wild Steelhead Sanctuary that are consistent
with the
purposes and values for which the Frank Moore Wild Steelhead Sanctuary is
established.
(i)
Use of motorized vehicles
The use of motorized vehicles within the Frank Moore Wild Steelhead Sanctuary shall be limited to
roads
allowed by the Secretary for such use, provided that the Secretary may
allow off-road vehicle use in designated portions of the areas designated
by this section if such use is consistent with the purposes and values for
which the area was designated.
(j)
Roads
(1)
In general
The Secretary, to the maximum extent practicable, shall decrease the total mileage of system roads
that are operational in the Frank Moore Wild Steelhead Sanctuary to a
quantity less
than the quantity of mileage in existence on the date of enactment of the
Oregon and California Land Grant Act of 2014. The Secretary shall
prioritize decreasing the mileage of the road network in order to reduce
impacts to water quality from sediment delivered to streams by forest
roads.
(2)
Temporary roads
If the Secretary constructs a temporary road as part of a vegetation management project, the
Secretary shall close and decommission the temporary road not later than
the earlier of—
(A) the date that is 2 years after the date on which the activity for which the temporary road was
constructed is completed; and
(B) the date that is 1 year after the date on which the vegetation management project is completed.
(3)
No new roads
The Secretary shall prohibit any new system or nonsystem road within the Frank Moore Wild Steelhead
Sanctuary and key watersheds under the NWFP after the date of enactment of
the
Oregon and California Land Grant Act of 2014 except as necessary, where no
practicable alternative exists and subject to the availability of
appropriations. The Secretary shall also prohibit the construction of any
new road in any roadless area.
December 11, 2014Reported with an amendment