[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1526 Referred in Senate (RFS)]
113th CONGRESS
1st Session
H. R. 1526
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 23, 2013
Received; read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
AN ACT
To restore employment and educational opportunities in, and improve the
economic stability of, counties containing National Forest System land,
while also reducing Forest Service management costs, by ensuring that
such counties have a dependable source of revenue from National Forest
System land, to provide a temporary extension of the Secure Rural
Schools and Community Self-Determination Act of 2000, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Restoring Healthy
Forests for Healthy Communities Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--RESTORING THE COMMITMENT TO RURAL COUNTIES AND SCHOOLS
Sec. 101. Purposes.
Sec. 102. Definitions.
Sec. 103. Establishment of Forest Reserve Revenue Areas and annual
volume requirements.
Sec. 104. Management of Forest Reserve Revenue Areas.
Sec. 105. Distribution of forest reserve revenues.
Sec. 106. Annual report.
TITLE II--HEALTHY FOREST MANAGEMENT AND CATASTROPHIC WILDFIRE
PREVENTION
Sec. 201. Purposes.
Sec. 202. Definitions.
Sec. 203. Hazardous fuel reduction projects and forest health projects
in at-risk forests.
Sec. 204. Environmental analysis.
Sec. 205. State designation of high-risk areas of National Forest
System and public lands.
Sec. 206. Use of hazardous fuels reduction or forest health projects
for high-risk areas.
Sec. 207. Moratorium on use of prescribed fire in Mark Twain National
Forest, Missouri, pending report.
TITLE III--OREGON AND CALIFORNIA RAILROAD GRANT LANDS TRUST,
CONSERVATION, AND JOBS
Sec. 301. Short title.
Sec. 302. Definitions.
Subtitle A--Trust, Conservation, and Jobs
Chapter 1--Creation and Terms of O&C Trust
Sec. 311. Creation of O&C Trust and designation of O&C Trust lands.
Sec. 312. Legal effect of O&C Trust and judicial review.
Sec. 313. Board of Trustees.
Sec. 314. Management of O&C Trust lands.
Sec. 315. Distribution of revenues from O&C Trust lands.
Sec. 316. Land exchange authority.
Sec. 317. Payments to the United States Treasury.
Chapter 2--Transfer of Certain Lands to Forest Service
Sec. 321. Transfer of certain Oregon and California Railroad Grant
lands to Forest Service.
Sec. 322. Management of transferred lands by Forest Service.
Sec. 323. Management efficiencies and expedited land exchanges.
Sec. 324. Review panel and old growth protection.
Sec. 325. Uniqueness of old growth protection on Oregon and California
Railroad Grant lands.
Chapter 3--Transition
Sec. 331. Transition period and operations.
Sec. 332. O&C Trust management capitalization.
Sec. 333. Existing Bureau of Land Management and Forest Service
contracts.
Sec. 334. Protection of valid existing rights and access to non-Federal
land.
Sec. 335. Repeal of superseded law relating to Oregon and California
Railroad Grant lands.
Subtitle B--Coos Bay Wagon Roads
Sec. 341. Transfer of management authority over certain Coos Bay Wagon
Road Grant lands to Coos County, Oregon.
Sec. 342. Transfer of certain Coos Bay Wagon Road Grant lands to Forest
Service.
Sec. 343. Land exchange authority.
Subtitle C--Oregon Treasures
Chapter 1--Wilderness Areas
Sec. 351. Designation of Devil's Staircase Wilderness.
Sec. 352. Expansion of Wild Rogue Wilderness Area.
Chapter 2--Wild and Scenic River Designated and Related Protections
Sec. 361. Wild and scenic river designations, Molalla River.
Sec. 362. Wild and Scenic Rivers Act technical corrections related to
Chetco River.
Sec. 363. Wild and scenic river designations, Wasson Creek and Franklin
Creek.
Sec. 364. Wild and scenic river designations, Rogue River area.
Sec. 365. Additional protections for Rogue River tributaries.
Chapter 3--Additional Protections
Sec. 371. Limitations on land acquisition.
Sec. 372. Overflights.
Sec. 373. Buffer zones.
Sec. 374. Prevention of wildfires.
Sec. 375. Limitation on designation of certain lands in Oregon.
Chapter 4--Effective Date
Sec. 381. Effective date.
Subtitle D--Tribal Trust Lands
Part 1--Council Creek Land Conveyance
Sec. 391. Definitions.
Sec. 392. Conveyance.
Sec. 393. Map and legal description.
Sec. 394. Administration.
Part 2--Oregon Coastal Land Conveyance
Sec. 395. Definitions.
Sec. 396. Conveyance.
Sec. 397. Map and legal description.
Sec. 398. Administration.
TITLE IV--COMMUNITY FOREST MANAGEMENT DEMONSTRATION
Sec. 401. Purpose and definitions.
Sec. 402. Establishment of community forest demonstration areas.
Sec. 403. Advisory committee.
Sec. 404. Management of community forest demonstration areas.
Sec. 405. Distribution of funds from community forest demonstration
area.
Sec. 406. Initial funding authority.
Sec. 407. Payments to United States Treasury.
Sec. 408. Termination of community forest demonstration area.
TITLE V--REAUTHORIZATION AND AMENDMENT OF EXISTING AUTHORITIES AND
OTHER MATTERS
Sec. 501. Extension of Secure Rural Schools and Community Self-
Determination Act of 2000 pending full
operation of Forest Reserve Revenue Areas.
Sec. 502. Restoring original calculation method for 25-percent
payments.
Sec. 503. Forest Service and Bureau of Land Management good-neighbor
cooperation with States to reduce wildfire
risks.
Sec. 504. Stewardship end result contracting project authority.
Sec. 505. Clarification of National Forest Management Act of 1976
authority.
Sec. 506. Treatment as supplemental funding.
Sec. 507. Exception of certain forest projects and activities from
Appeals Reform Act and other review.
Sec. 508. Definition of fire suppression to include certain related
activities.
Sec. 509. Prohibition on certain actions regarding Forest Service roads
and trails.
TITLE I--RESTORING THE COMMITMENT TO RURAL COUNTIES AND SCHOOLS
SEC. 101. PURPOSES.
The purposes of this title are as follows:
(1) To restore employment and educational opportunities in,
and improve the economic stability of, counties containing
National Forest System land.
(2) To ensure that such counties have a dependable source
of revenue from National Forest System land.
(3) To reduce Forest Service management costs while also
ensuring the protection of United States forests resources.
SEC. 102. DEFINITIONS.
In this title:
(1) Annual volume requirement.--
(A) In general.--The term ``annual volume
requirement'', with respect to a Forest Reserve Revenue
Area, means a volume of national forest materials no
less than 50 percent of the sustained yield of the
Forest Reserve Revenue Area.
(B) Exclusions.--In determining the volume of
national forest materials or the sustained yield of a
Forest Reserve Revenue Area, the Secretary may not
include non-commercial post and pole sales and personal
use firewood.
(2) Beneficiary county.--The term ``beneficiary county''
means a political subdivision of a State that, on account of
containing National Forest System land, was eligible to receive
payments through the State under title I of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16 U.S.C.
7111 et seq.).
(3) Catastrophic event.--The term ``catastrophic event''
means an event (including severe fire, insect or disease
infestations, windthrow, or other extreme weather or natural
disaster) that the Secretary determines will cause or has
caused substantial damage to National Forest System land or
natural resources on National Forest System land.
(4) Covered forest reserve project.--The terms ``covered
forest reserve project'' and ``covered project'' mean a project
involving the management or sale of national forest materials
within a Forest Reserve Revenue Area to generate forest reserve
revenues and achieve the annual volume requirement for the
Forest Reserve Revenue Area.
(5) Forest reserve revenue area.--
(A) In general.--The term ``Forest Reserve Revenue
Area'' means National Forest System land in a unit of
the National Forest System designated for sustainable
forest management for the production of national forest
materials and forest reserve revenues.
(B) Inclusions.--Subject to subparagraph (C), but
otherwise notwithstanding any other provision of law,
including executive orders and regulations, the
Secretary shall include in Forest Reserve Revenue Areas
not less than 50 percent of the National Forest System
lands identified as commercial forest land capable of
producing twenty cubic feet of timber per acre.
(C) Exclusions.--A Forest Reserve Revenue Area may
not include National Forest System land--
(i) that is a component of the National
Wilderness Preservation System;
(ii) on which the removal of vegetation is
specifically prohibited by Federal statute; or
(iii) that is within a National Monument as
of the date of the enactment of this Act.
(6) Forest reserve revenues.--The term ``forest reserve
revenues'' means revenues derived from the sale of national
forest materials in a Forest Reserve Revenue Area.
(7) National forest materials.--The term ``national forest
materials'' has the meaning given that term in section 14(e)(1)
of the National Forest Management Act of 1976 (16 U.S.C.
472a(e)(1)).
(8) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)), except that the term does not include
the National Grasslands and land utilization projects
designated as National Grasslands administered pursuant to the
Act of July 22, 1937 (7 U.S.C. 1010-1012).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(10) Sustained yield.--The term ``sustained yield'' means
the maximum annual growth potential of the forest calculated on
the basis of the culmination of mean annual increment using
cubic measurement.
(11) State.--The term ``State'' includes the Commonwealth
of Puerto Rico.
(12) 25-percent payment.--The term ``25-percent payment''
means the payment to States required by the sixth paragraph
under the heading of ``FOREST SERVICE'' in the Act of May 23,
1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act
of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).
SEC. 103. ESTABLISHMENT OF FOREST RESERVE REVENUE AREAS AND ANNUAL
VOLUME REQUIREMENTS.
(a) Establishment of Forest Reserve Revenue Areas.--Notwithstanding
any other provision of law, the Secretary shall establish one or more
Forest Reserve Revenue Areas within each unit of the National Forest
System.
(b) Deadline for Establishment.--The Secretary shall complete
establishment of the Forest Reserve Revenue Areas not later than 60
days after the date of enactment of this Act,
(c) Purpose.--The purpose of a Forest Reserve Revenue Area is to
provide a dependable source of 25-percent payments and economic
activity through sustainable forest management for each beneficiary
county containing National Forest System land.
(d) Fiduciary Responsibility.--The Secretary shall have a fiduciary
responsibility to beneficiary counties to manage Forest Reserve Revenue
Areas to satisfy the annual volume requirement.
(e) Determination of Annual Volume Requirement.--Not later than 30
days after the date of the establishment of a Forest Reserve Revenue
Area, the Secretary shall determine the annual volume requirement for
that Forest Reserve Revenue Area.
(f) Limitation on Reduction of Forest Reserve Revenue Areas.--Once
a Forest Reserve Revenue Area is established under subsection (a), the
Secretary may not reduce the number of acres of National Forest System
land included in that Forest Reserve Revenue Area.
(g) Map.--The Secretary shall provide a map of all Forest Reserve
Revenue Areas established under subsection (a) for each unit of the
National Forest System--
(1) to the Committee on Agriculture and the Committee on
Natural Resources of the House of Representatives; and
(2) to the Committee on Agriculture, Nutrition, and
Forestry and the Committee on Energy and Natural Resources of
the Senate.
(h) Recognition of Valid and Existing Rights.--Neither the
establishment of Forest Reserve Revenue Areas under subsection (a) nor
any other provision of this title shall be construed to limit or
restrict--
(1) access to National Forest System land for hunting,
fishing, recreation, and other related purposes; or
(2) valid and existing rights regarding National Forest
System land, including rights of any federally recognized
Indian tribe.
SEC. 104. MANAGEMENT OF FOREST RESERVE REVENUE AREAS.
(a) Requirement To Achieve Annual Volume Requirement.--Immediately
upon the establishment of a Forest Reserve Revenue Area, the Secretary
shall manage the Forest Reserve Revenue Area in the manner necessary to
achieve the annual volume requirement for the Forest Reserve Revenue
Area. The Secretary is authorized and encouraged to commence covered
forest reserve projects as soon as practicable after the date of the
enactment of this Act to begin generating forest reserve revenues.
(b) Standards for Projects Within Forest Reserve Revenue Areas.--
The Secretary shall conduct covered forest reserve projects within
Forest Reserve Revenue Areas in accordance with this section, which
shall serve as the sole means by which the Secretary will comply with
the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.)
and other laws applicable to the covered projects.
(c) Environmental Analysis Process for Projects in Forest Reserve
Revenue Areas.--
(1) Environmental assessment.--The Secretary shall give
published notice and complete an environmental assessment
pursuant to section 102(2) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)) for a covered forest reserve
project proposed to be conducted within a Forest Reserve
Revenue Area, except that the Secretary is not required to
study, develop, or describe any alternative to the proposed
agency action.
(2) Cumulative effects.--The Secretary shall consider
cumulative effects solely by evaluating the impacts of a
proposed covered forest reserve project combined with the
impacts of any other projects that were approved with a
Decision Notice or Record of Decision before the date on which
the Secretary published notice of the proposed covered project.
The cumulative effects of past projects may be considered in
the environmental assessment by using a description of the
current environmental conditions.
(3) Length.--The environmental assessment prepared for a
proposed covered forest reserve project shall not exceed 100
pages in length. The Secretary may incorporate in the
environmental assessment, by reference, any documents that the
Secretary determines, in the sole discretion of the Secretary,
are relevant to the assessment of the environmental effects of
the covered project.
(4) Deadline for completion.--The Secretary shall complete
the environmental assessment for a covered forest reserve
project within 180 days after the date on which the Secretary
published notice of the proposed covered project.
(5) Treatment of decision notice.--The decision notice for
a covered forest reserve project shall be considered a final
agency action and no additional analysis under the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) shall
be required to implement any portion of the covered project.
(6) Categorical exclusion.--A covered forest reserve
project that is proposed in response to a catastrophic event,
that covers an area of 10,000 acres or less, or an eligible
hazardous fuel reduction or forest health project proposed
under title II that involves the removal of insect-infected
trees, dead or dying trees, trees presenting a threat to public
safety, or other hazardous fuels within 500 feet of utility or
telephone infrastructure, campgrounds, roadsides, heritage
sites, recreation sites, schools, or other infrastructure,
shall be categorically excluded from the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C. 4331 et
seq.).
(d) Application of Land and Resource Management Plan.--The
Secretary may modify the standards and guidelines contained in the land
and resource management plan for the unit of the National Forest System
in which the covered forest reserve project will be carried out as
necessary to achieve the requirements of this Act. Section
6(g)(3)(E)(iv) of the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1604(g)(3)(E)(iv)) shall not apply to a covered
forest reserve project.
(e) Compliance With Endangered Species Act.--
(1) Non-jeopardy assessment.--If the Secretary determines
that a proposed covered forest reserve project may affect the
continued existence of any species listed as endangered or
threatened under section 4 of the Endangered Species Act of
1973 (16 U.S.C. 1533), the Secretary shall issue a
determination explaining the view of the Secretary that the
proposed covered project is not likely to jeopardize the
continued existence of the species.
(2) Submission, review, and response.--
(A) Submission.--The Secretary shall submit a
determination issued by the Secretary under paragraph
(1) to the Secretary of the Interior or the Secretary
of Commerce, as appropriate.
(B) Review and response.--Within 30 days after
receiving a determination under subparagraph (A), the
Secretary of the Interior or the Secretary of Commerce,
as appropriate, shall provide a written response to the
Secretary concurring in or rejecting the Secretary's
determination. If the Secretary of the Interior or the
Secretary of Commerce rejects the determination, the
written response shall include recommendations for
measures that--
(i) will avoid the likelihood of jeopardy
to an endangered or threatened species;
(ii) can be implemented in a manner
consistent with the intended purpose of the
covered forest reserve project;
(iii) can be implemented consistent with
the scope of the Secretary's legal authority
and jurisdiction; and
(iv) are economically and technologically
feasible.
(3) Formal consultation.--If the Secretary of the Interior
or the Secretary of Commerce rejects a determination issued by
the Secretary under paragraph (1), the Secretary of the
Interior or the Secretary of Commerce also is required to
engage in formal consultation with the Secretary. The
Secretaries shall complete such consultation pursuant to
section 7 of the Endangered Species Act of 1973 (16 U.S.C.
1536) within 90 days after the submission of the written
response under paragraph (2).
(f) Administrative and Judicial Review.--
(1) Administrative review.--Administrative review of a
covered forest reserve project shall occur only in accordance
with the special administrative review process established
under section 105 of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6515).
(2) Judicial review.--
(A) In general.--Judicial review of a covered
forest reserve project shall occur in accordance with
section 106 of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6516), except that a court of the
United States may not issue a restraining order,
preliminary injunction, or injunction pending appeal
covering a covered forest reserve project in response
to an allegation that the Secretary violated any
procedural requirement applicable to how the project
was selected, planned, or analyzed.
(B) Bond required.--A plaintiff challenging a
covered forest reserve project shall be required to
post a bond or other security acceptable to the court
for the reasonably estimated costs, expenses, and
attorneys fees of the Secretary as defendant. All
proceedings in the action shall be stayed until the
security is given. If the plaintiff has not complied
with the order to post such bond or other security
within 90 days after the date of service of the order,
then the action shall be dismissed with prejudice.
(C) Recovery.--If the Secretary prevails in the
case, the Secretary shall submit to the court a motion
for payment of all litigation expenses.
(g) Use of All-Terrain Vehicles for Management Activities.--The
Secretary may allow the use of all-terrain vehicles within the Forest
Reserve Revenue Areas for the purpose of activities associated with the
sale of national forest materials in a Forest Reserve Revenue Area.
SEC. 105. DISTRIBUTION OF FOREST RESERVE REVENUES.
(a) 25-Percent Payments.--The Secretary shall use forest reserve
revenues generated by a covered forest reserve project to make 25-
percent payments to States for the benefit of beneficiary counties.
(b) Deposit in Knutson-Vandenberg and Salvage Sale Funds.--After
compliance with subsection (a), the Secretary shall use forest reserve
revenues to make deposits into the fund established under section 3 of
the Act of June 9, 1930 (16 U.S.C. 576b; commonly known as the Knutson-
Vandenberg Fund) and the fund established under section 14(h) of the
National Forest Management Act of 1976 (16 U.S.C. 472a(h); commonly
known as the salvage sale fund) in contributions equal to the monies
otherwise collected under those Acts for projects conducted on National
Forest System land.
(c) Deposit in General Fund of the Treasury.--After compliance with
subsections (a) and (b), the Secretary shall deposit remaining forest
reserve revenues into the general fund of the Treasury.
SEC. 106. ANNUAL REPORT.
(a) Report Required.--Not later than 60 days after the end of each
fiscal year, the Secretary shall submit to Congress an annual report
specifying the annual volume requirement in effect for that fiscal year
for each Forest Reserve Revenue Area, the volume of board feet actually
harvested for each Forest Reserve Revenue Area, the average cost of
preparation for timber sales, the forest reserve revenues generated
from such sales, and the amount of receipts distributed to each
beneficiary county.
(b) Form of Report.--The information required by subsection (a) to
be provided with respect to a Forest Reserve Revenue Area shall be
presented on a single page. In addition to submitting each report to
Congress, the Secretary shall also make the report available on the
website of the Forest Service.
TITLE II--HEALTHY FOREST MANAGEMENT AND CATASTROPHIC WILDFIRE
PREVENTION
SEC. 201. PURPOSES.
The purposes of this title are as follows:
(1) To provide the Secretary of Agriculture and the
Secretary of the Interior with the tools necessary to reduce
the potential for wildfires.
(2) To expedite wildfire prevention projects to reduce the
chances of wildfire on certain high-risk Federal lands.
(3) To protect communities and forest habitat from
uncharacteristic wildfires.
(4) To enhance aquatic conditions and terrestrial wildlife
habitat.
(5) To restore diverse and resilient landscapes through
improved forest conditions.
SEC. 202. DEFINITIONS.
In this title:
(1) At-risk community.--The term ``at-risk community'' has
the meaning given that term in section 101 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511).
(2) At-risk forest.--The term ``at-risk forest'' means--
(A) Federal land in condition class II or III, as
those classes were developed by the Forest Service
Rocky Mountain Research Station in the general
technical report titled ``Development of Coarse-Scale
Spatial Data for Wildland Fire and Fuel Management''
(RMRS-87) and dated April 2000 or any subsequent
revision of the report; or
(B) Federal land where there exists a high risk of
losing an at-risk community, key ecosystem, water
supply, wildlife, or wildlife habitat to wildfire,
including catastrophic wildfire and post-fire
disturbances, as designated by the Secretary concerned.
(3) Federal land.--
(A) Covered land.--The term ``Federal land''
means--
(i) land of the National Forest System (as
defined in section 11(a) of the Forest and
Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a))); or
(ii) public lands (as defined in section
103 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1702)).
(B) Excluded land.--The term does not include
land--
(i) that is a component of the National
Wilderness Preservation System;
(ii) on which the removal of vegetation is
specifically prohibited by Federal statute; or
(iii) that is within a National Monument as
of the date of the enactment of this Act.
(4) High-risk area.--The term ``high-risk area'' means an
area of Federal land identified under section 205 as an area
suffering from the bark beetle epidemic, drought, or
deteriorating forest health conditions, with the resulting
imminent risk of devastating wildfires, or otherwise at high
risk for bark beetle infestation, drought, or wildfire.
(5) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, in the case of
National Forest System land; and
(B) the Secretary of the Interior, in the case of
public lands.
(6) Eligible hazardous fuel reduction and forest health
projects.--The terms ``hazardous fuel reduction project'' or
``forest health project'' mean the measures and methods
developed for a project to be carried out on Federal land--
(A) in an at-risk forest under section 203 for
hazardous fuels reduction, forest health, forest
restoration, or watershed restoration, using ecological
restoration principles consistent with the forest type
where such project will occur; or
(B) in a high-risk area under section 206.
SEC. 203. HAZARDOUS FUEL REDUCTION PROJECTS AND FOREST HEALTH PROJECTS
IN AT-RISK FORESTS.
(a) Implementation.--As soon as practicable after the date of the
enactment of this Act, the Secretary concerned is authorized to
implement a hazardous fuel reduction project or a forest health project
in at-risk forests in a manner that focuses on surface, ladder, and
canopy fuels reduction activities using ecological restoration
principles consistent with the forest type in the location where such
project will occur.
(b) Authorized Practices.--
(1) Inclusion of livestock grazing and timber harvesting.--
A hazardous fuel reduction project or a forest health project
may include livestock grazing and timber harvest projects
carried out for the purposes of hazardous fuels reduction,
forest health, forest restoration, watershed restoration, or
threatened and endangered species habitat protection or
improvement, if the management action is consistent with
achieving long-term ecological restoration of the forest type
in the location where such project will occur.
(2) Grazing.--Domestic livestock grazing may be used in a
hazardous fuel reduction project or a forest health project to
reduce surface fuel loads and to recover burned areas.
Utilization standards shall not apply when domestic livestock
grazing is used in such a project.
(3) Timber harvesting and thinning.--Timber harvesting and
thinning, where the ecological restoration principles are
consistent with the forest type in the location where such
project will occur, may be used in a hazardous fuel reduction
project or a forest health project to reduce ladder and canopy
fuel loads to prevent unnatural fire.
(c) Priority.--The Secretary concerned shall give priority to
hazardous fuel reduction projects and forest health projects submitted
by the Governor of a State as provided in section 206(c) and to
projects submitted under the Tribal Forest Protection Act of 2004 (25
U.S.C. 3115a).
SEC. 204. ENVIRONMENTAL ANALYSIS.
Subsections (b) through (f) of section 104 shall apply to the
implementation of a hazardous fuel reduction project or a forest health
project under this title. In addition, if the primary purpose of a
hazardous fuel reduction project or a forest health project under this
title is the salvage of dead, damaged, or down timber resulting from
wildfire occurring in 2013, the hazardous fuel reduction project or
forest health project, and any decision of the Secretary concerned in
connection with the project, shall not be subject to judicial review or
to any restraining order or injunction issued by a United States court.
SEC. 205. STATE DESIGNATION OF HIGH-RISK AREAS OF NATIONAL FOREST
SYSTEM AND PUBLIC LANDS.
(a) Designation Authority.--The Governor of a State may designate
high-risk areas of Federal land in the State for the purposes of
addressing--
(1) deteriorating forest health conditions in existence as
of the date of the enactment of this Act due to the bark beetle
epidemic or drought, with the resulting imminent risk of
devastating wildfires; and
(2) the future risk of insect infestations or disease
outbreaks through preventative treatments to improve forest
health conditions.
(b) Consultation.--In designating high-risk areas, the Governor of
a State shall consult with county government from affected counties and
with affected Indian tribes.
(c) Exclusion of Certain Areas.--The following Federal land may not
be designated as a high-risk area:
(1) A component of the National Wilderness Preservation
System.
(2) Federal land on which the removal of vegetation is
specifically prohibited by Federal statute.
(3) Federal land within a National Monument as of the date
of the enactment of this Act.
(d) Standards for Designation.--Designation of high-risk areas
shall be consistent with standards and guidelines contained in the land
and resource management plan or land use plan for the unit of Federal
land for which the designation is being made, except that the Secretary
concerned may modify such standards and guidelines to correspond with a
specific high-risk area designation.
(e) Time for Initial Designations.--The first high-risk areas
should be designated not later than 60 days after the date of the
enactment of this Act, but high-risk areas may be designated at any
time consistent with subsection (a).
(f) Duration of Designation.--The designation of a high-risk area
in a State shall expire 20 years after the date of the designation,
unless earlier terminated by the Governor of the State.
(g) Redesignation.--The expiration of the 20-year period specified
in subsection (f) does not prohibit the Governor from redesignating an
area of Federal land as a high-risk area under this section if the
Governor determines that the Federal land continues to be subject to
the terms of this section.
(h) Recognition of Valid and Existing Rights.--The designation of a
high-risk area shall not be construed to limit or restrict--
(1) access to Federal land included in the area for
hunting, fishing, and other related purposes; or
(2) valid and existing rights regarding the Federal land.
SEC. 206. USE OF HAZARDOUS FUELS REDUCTION OR FOREST HEALTH PROJECTS
FOR HIGH-RISK AREAS.
(a) Project Proposals.--
(1) Proposals authorized.--Upon designation of a high-risk
area in a State, the Governor of the State may provide for the
development of proposed hazardous fuel reduction projects or
forest health projects for the high-risk area.
(2) Project criteria.--In preparing a proposed hazardous
fuel reduction project or a forest health project, the Governor
of a State and the Secretary concerned shall--
(A) take into account managing for rights of way,
protection of watersheds, protection of wildlife and
endangered species habitat, safe-guarding water
resources, and protecting at-risk communities from
wildfires; and
(B) emphasize activities that thin the forest to
provide the greatest health and longevity of the
forest.
(b) Consultation.--In preparing a proposed hazardous fuel reduction
project or a forest health project, the Governor of a State shall
consult with county government from affected counties, and with
affected Indian tribes.
(c) Submission and Implementation.--The Governor of a State shall
submit proposed emergency hazardous fuel reduction projects and forest
health projects to the Secretary concerned for implementation as
provided in section 203.
SEC. 207. MORATORIUM ON USE OF PRESCRIBED FIRE IN MARK TWAIN NATIONAL
FOREST, MISSOURI, PENDING REPORT.
(a) Moratorium.--Except as provided in subsection (b), the
Secretary of Agriculture may not conduct any prescribed fire in Mark
Twain National Forest, Missouri, under the Collaborative Forest
Landscape Restoration Project until the report required by subsection
(c) is submitted to Congress.
(b) Exception for Wildfire Suppression.--Subsection (a) does not
prohibit the use of prescribed fire as part of wildfire suppression
activities.
(c) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Agriculture shall submit to
Congress a report containing an evaluation of recent and current Forest
Service management practices for Mark Twain National Forest, including
lands in the National Forest enrolled, or under consideration for
enrollment, in the Collaborative Forest Landscape Restoration Project
to convert certain lands into shortleaf pine-oak woodlands, to
determine the impact of such management practices on forest health and
tree mortality. The report shall specifically address--
(1) the economic costs associated with the failure to
utilize hardwoods cut as part of the Collaborative Forest
Landscape Restoration Project and the subsequent loss of
hardwood production from the treated lands in the long term;
(2) the extent of increased tree mortality due to excessive
heat generated by prescribed fires;
(3) the impacts to water quality and rate of water run off
due to erosion of the scorched earth left in the aftermath of
the prescribed fires; and
(4) a long-term plan for evaluation of the impacts of
prescribed fires on lands previously burned within the Eleven
Point Ranger District.
TITLE III--OREGON AND CALIFORNIA RAILROAD GRANT LANDS TRUST,
CONSERVATION, AND JOBS
SEC. 301. SHORT TITLE.
This title may be cited as the ``O&C Trust, Conservation, and Jobs
Act''.
SEC. 302. DEFINITIONS.
In this title:
(1) Affiliates.--The term ``Affiliates'' has the meaning
given such term in part 121 of title 13, Code of Federal
Regulations.
(2) Board of trustees.--The term ``Board of Trustees''
means the Board of Trustees for the Oregon and California
Railroad Grant Lands Trust appointed under section 313.
(3) Coos bay wagon road grant lands.--The term ``Coos Bay
Wagon Road Grant lands'' means the lands reconveyed to the
United States pursuant to the first section of the Act of
February 26, 1919 (40 Stat. 1179).
(4) Fiscal year.--The term ``fiscal year'' means the
Federal fiscal year, October 1 through the next September 30.
(5) Governor.--The term ``Governor'' means the Governor of
the State of Oregon.
(6) O&C region public domain lands.--The term ``O&C Region
Public Domain lands'' means all the land managed by the Bureau
of Land Management in the Salem District, Eugene District,
Roseburg District, Coos Bay District, and Medford District in
the State of Oregon, excluding the Oregon and California
Railroad Grant lands and the Coos Bay Wagon Road Grant lands.
(7) O&C trust.--The terms ``Oregon and California Railroad
Grant Lands Trust'' and ``O&C Trust'' mean the trust created by
section 311, which has fiduciary responsibilities to act for
the benefit of the O&C Trust counties in the management of O&C
Trust lands.
(8) O&C trust county.--The term ``O&C Trust county'' means
each of the 18 counties in the State of Oregon that contained a
portion of the Oregon and California Railroad Grant lands as of
January 1, 2013, each of which are beneficiaries of the O&C
Trust.
(9) O&C trust lands.--The term ``O&C Trust lands'' means
the surface estate of the lands over which management authority
is transferred to the O&C Trust pursuant to section 311(c)(1).
The term does not include any of the lands excluded from the
O&C Trust pursuant to section 311(c)(2), transferred to the
Forest Service under section 321, or Tribal lands transferred
under subtitle D.
(10) Oregon and california railroad grant lands.--The term
``Oregon and California Railroad Grant lands'' means the
following lands:
(A) All lands in the State of Oregon revested in
the United States under the Act of June 9, 1916 (39
Stat. 218), regardless of whether the lands are--
(i) administered by the Secretary of the
Interior, acting through the Bureau of Land
Management, pursuant to the first section of
the Act of August 28, 1937 (43 U.S.C. 1181a);
or
(ii) administered by the Secretary of
Agriculture as part of the National Forest
System pursuant to the first section of the Act
of June 24, 1954 (43 U.S.C. 1181g).
(B) All lands in the State obtained by the
Secretary of the Interior pursuant to the land
exchanges authorized and directed by section 2 of the
Act of June 24, 1954 (43 U.S.C. 1181h).
(C) All lands in the State acquired by the United
States at any time and made subject to the provisions
of title II of the Act of August 28, 1937 (43 U.S.C.
1181f).
(11) Reserve fund.--The term ``Reserve Fund'' means the
reserve fund created by the Board of Trustees under section
315(b).
(12) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to
Oregon and California Railroad Grant lands that are
transferred to the management authority of the O&C
Trust and, immediately before such transfer, were
managed by the Bureau of Land Management; and
(B) the Secretary of Agriculture, with respect to
Oregon and California Railroad Grant lands that--
(i) are transferred to the management
authority of the O&C Trust and, immediately
before such transfer, were part of the National
Forest System; or
(ii) are transferred to the Forest Service
under section 321.
(13) State.--The term ``State'' means the State of Oregon.
(14) Transition period.--The term ``transition period''
means the three fiscal-year period specified in section 331
following the appointment of the Board of Trustees during
which--
(A) the O&C Trust is created; and
(B) interim funding of the O&C Trust is secured.
(15) Tribal lands.--The term ``Tribal lands'' means any of
the lands transferred to the Cow Creek Band of the Umpqua Tribe
of Indians or the Confederated Tribes of Coos, Lower Umpqua,
and Siuslaw Indians under subtitle D.
Subtitle A--Trust, Conservation, and Jobs
CHAPTER 1--CREATION AND TERMS OF O&C TRUST
SEC. 311. CREATION OF O&C TRUST AND DESIGNATION OF O&C TRUST LANDS.
(a) Creation.--The Oregon and California Railroad Grant Lands Trust
is established effective on October 1 of the first fiscal year
beginning after the appointment of the Board of Trustees. As management
authority over the surface of estate of the O&C Trust lands is
transferred to the O&C Trust during the transition period pursuant to
section 331, the transferred lands shall be held in trust for the
benefit of the O&C Trust counties.
(b) Trust Purpose.--The purpose of the O&C Trust is to produce
annual maximum sustained revenues in perpetuity for O&C Trust counties
by managing the timber resources on O&C Trust lands on a sustained-
yield basis subject to the management requirements of section 314.
(c) Designation of O&C Trust Lands.--
(1) Lands included.--Except as provided in paragraph (2),
the O&C Trust lands shall include all of the lands containing
the stands of timber described in subsection (d) that are
located, as of January 1, 2013, on Oregon and California
Railroad Grant lands and O&C Region Public Domain lands.
(2) Lands excluded.--O&C Trust lands shall not include any
of the following Oregon and California Railroad Grant lands and
O&C Region Public Domain lands (even if the lands are otherwise
described in subsection (d)):
(A) Federal lands within the National Landscape
Conservation System as of January 1, 2013.
(B) Federal lands designated as Areas of Critical
Environmental Concern as of January 1, 2013.
(C) Federal lands that were in the National
Wilderness Preservation System as of January 1, 2013.
(D) Federal lands included in the National Wild and
Scenic Rivers System of January 1, 2013.
(E) Federal lands within the boundaries of a
national monument, park, or other developed recreation
area as of January 1, 2013.
(F) Oregon treasures addressed in subtitle C, any
portion of which, as of January 1, 2013, consists of
Oregon and California Railroad Grant lands or O&C
Region Public Domain lands.
(G) Tribal lands addressed in subtitle D.
(d) Covered Stands of Timber.--
(1) Description.--The O&C Trust lands consist of stands of
timber that have previously been managed for timber production
or that have been materially altered by natural disturbances
since 1886. Most of these stands of timber are 80 years old or
less, and all of such stands can be classified as having a
predominant stand age of 125 years or less.
(2) Delineation of boundaries by bureau of land
management.--The Oregon and California Railroad Grant lands and
O&C Region Public Domain lands that, immediately before
transfer to the O&C Trust, were managed by the Bureau of Land
Management are timber stands that have predominant birth date
attributes of 1886 or later, with boundaries that are defined
by polygon spatial data layer in and electronic data
compilation filed by the Bureau of Land Management pursuant to
paragraph (4). Except as provided in paragraph (5), the
boundaries of all timber stands constituting the O&C Trust
lands are finally and conclusively determined for all purposes
by coordinates in or derived by reference to the polygon
spatial data layer prepared by the Bureau of Land Management
and filed pursuant to paragraph (4), notwithstanding anomalies
that might later be discovered on the ground. The boundary
coordinates are locatable on the ground by use of global
positioning system signals. In cases where the location of the
stand boundary is disputed or is inconsistent with paragraph
(1), the location of boundary coordinates on the ground shall
be, except as otherwise provided in paragraph (5), finally and
conclusively determined for all purposes by the direct or
indirect use of global positioning system equipment with
accuracy specification of one meter or less.
(3) Delineation of boundaries by forest service.--The O&C
Trust lands that, immediately before transfer to the O&C Trust,
were managed by the Forest Service are timber stands that can
be classified as having predominant stand ages of 125 years old
or less. Within 30 days after the date of the enactment of this
Act, the Secretary of Agriculture shall commence identification
of the boundaries of such stands, and the boundaries of all
such stands shall be identified and made available to the Board
of Trustees not later than 180 days following the creation of
the O&C Trust pursuant to subsection (a). In identifying the
stand boundaries, the Secretary may use geographic information
system data, satellite imagery, cadastral survey coordinates,
or any other means available within the time allowed. The
boundaries shall be provided to the Board of Trustees within
the time allowed in the form of a spatial data layer from which
coordinates can be derived that are locatable on the ground by
use of global positioning system signals. Except as provided in
paragraph (5), the boundaries of all timber stands constituting
the O&C Trust lands are finally and conclusively determined for
all purposes by coordinates in or derived by reference to the
data provided by the Secretary within the time provided by this
paragraph, notwithstanding anomalies that might later be
discovered on the ground. In cases where the location of the
stand boundary is disputed or inconsistent with paragraph (1),
the location of boundary coordinates on the ground shall be,
except as otherwise provided in paragraph (5), finally and
conclusively determined for all purposes by the boundary
coordinates provided by the Secretary as they are located on
the ground by the direct or indirect use of global positioning
system equipment with accuracy specifications of one meter or
less. All actions taken by the Secretary under this paragraph
shall be deemed to not involve Federal agency action or Federal
discretionary involvement or control.
(4) Data and maps.--Copies of the data containing boundary
coordinates for the stands included in the O&C Trust lands, or
from which such coordinates are derived, and maps generally
depicting the stand locations shall be filed with the Committee
on Energy and Natural Resources of the Senate, the Committee on
Natural Resources of the House of Representatives, and the
office of the Secretary concerned. The maps and data shall be
filed--
(A) not later than 90 days after the date of the
enactment of this Act, in the case of the lands
identified pursuant to paragraph (2); and
(B) not later than 180 days following the creation
of the O&C Trust pursuant to subsection (a), in the
case of lands identified pursuant to paragraph (3).
(5) Adjustment authority and limitations.--
(A) No impact on determining title or property
ownership boundaries.--Stand boundaries identified
under paragraph (2) or (3) shall not be relied upon for
purposes of determining title or property ownership
boundaries. If the boundary of a stand identified under
paragraph (2) or (3) extends beyond the property
ownership boundaries of Oregon and California Railroad
Grant lands or O&C Region Public Domain lands, as such
property boundaries exist on the date of enactment of
this Act, then that stand boundary is deemed adjusted
by this subparagraph to coincide with the property
ownership boundary.
(B) Effect of data errors or inconsistencies.--Data
errors or inconsistencies may result in parcels of land
along property ownership boundaries that are
unintentionally omitted from the O&C Trust lands that
are identified under paragraph (2) or (3). In order to
correct such errors, any parcel of land that satisfies
all of the following criteria is hereby deemed to be
O&C Trust land:
(i) The parcel is within the ownership
boundaries of Oregon and California Railroad
Grant lands or O&C Region Public Domain lands
on the date of the enactment of this Act.
(ii) The parcel satisfies the description
in paragraph (1) on the date of enactment of
this Act.
(iii) The parcel is not excluded from the
O&C Trust lands pursuant to subsection (c)(2).
(C) No impact on land exchange authority.--Nothing
in this subsection is intended to limit the authority
of the Trust and the Forest Service to engage in land
exchanges between themselves or with owners of non-
Federal land as provided elsewhere in this title.
SEC. 312. LEGAL EFFECT OF O&C TRUST AND JUDICIAL REVIEW.
(a) Legal Status of Trust Lands.--Subject to the other provisions
of this section, all right, title, and interest in and to the O&C Trust
lands remain in the United States, except that--
(1) the Board of Trustees shall have all authority to
manage the surface estate of the O&C Trust lands and the
resources found thereon;
(2) actions on the O&C Trust lands shall be deemed to
involve no Federal agency action or Federal discretionary
involvement or control and the laws of the State shall apply to
the surface estate of the O&C Trust lands in the manner
applicable to privately owned timberlands in the State; and
(3) the O&C Trust shall be treated as the beneficial owner
of the surface estate of the O&C Trust lands for purposes of
all legal proceedings involving the O&C Trust lands.
(b) Minerals.--
(1) In general.--Mineral and other subsurface rights in the
O&C Trust lands are retained by the United States or other
owner of such rights as of the date on which management
authority over the surface estate of the lands are transferred
to the O&C Trust.
(2) Rock and gravel.--
(A) Use authorized; purpose.--For maintenance or
construction on the road system under the control of
the O&C Trust or for non-Federal lands intermingled
with O&C Trust lands, the Board of Trustees may--
(i) utilize rock or gravel found within
quarries in existence immediately before the
date of the enactment of this Act on any Oregon
and California Railroad Grant lands and O&C
Region Public Domain lands, excluding those
lands designated under subtitle C or
transferred under subtitle D; and
(ii) construct new quarries on O&C Trust
lands, except that any quarry so constructed
may not exceed 5 acres.
(B) Exception.--The Board of Trustees shall not
construct new quarries on any of the lands transferred
to the Forest Service under section 321 or lands
designated under subtitle D.
(c) Roads.--
(1) In general.--Except as provided in subsection (b), the
Board of Trustees shall assume authority and responsibility
over, and have authority to use, all roads and the road system
specified in the following subparagraphs:
(A) All roads and road systems on the Oregon and
California Railroad and Grant lands and O&C Region
Public Domain lands owned or administered by the Bureau
of Land Management immediately before the date of the
enactment of this Act, except that the Secretary of
Agriculture shall assume the Secretary of Interior's
obligations for pro-rata maintenance expense and road
use fees under reciprocal right-of-way agreements for
those lands transferred to the Forest Service under
section 321. All of the lands transferred to the Forest
Service under section 321 shall be considered as part
of the tributary area used to calculate pro-rata
maintenance expense and road use fees.
(B) All roads and road systems owned or
administered by the Forest Service immediately before
the date of the enactment of this Act and subsequently
included within the boundaries of the O&C Trust lands.
(C) All roads later added to the road system for
management of the O&C Trust lands.
(2) Lands transferred to forest service.--The Secretary of
Agriculture shall assume the obligations of the Secretary of
Interior for pro-rata maintenance expense and road use fees
under reciprocal rights-of-way agreements for those Oregon and
California Railroad Grant lands or O&C Region Public Domain
lands transferred to the Forest Service under section 321.
(3) Compliance with clean water act.--All roads used,
constructed, or reconstructed under the jurisdiction of the O&C
Trust must comply with requirements of the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.) applicable to
private lands through the use of Best Management Practices
under the Oregon Forest Practices Act.
(d) Public Access.--
(1) In general.--Subject to paragraph (2), public access to
O&C Trust lands shall be preserved consistent with the policies
of the Secretary concerned applicable to the O&C Trust lands as
of the date on which management authority over the surface
estate of the lands is transferred to the O&C Trust.
(2) Restrictions.--The Board of Trustees may limit or
control public access for reasons of public safety or to
protect the resources on the O&C Trust lands.
(e) Limitations.--The assets of the O&C Trust shall not be subject
to the creditors of an O&C Trust county, or otherwise be distributed in
an unprotected manner or be subject to anticipation, encumbrance, or
expenditure other than for a purpose for which the O&C Trust was
created.
(f) Remedy.--An O&C Trust county shall have all of the rights and
remedies that would normally accrue to a beneficiary of a trust. An O&C
Trust county shall provide the Board of Trustees, the Secretary
concerned, and the Attorney General with not less than 60 days notice
of an intent to sue to enforce the O&C Trust county's rights under the
O&C Trust.
(g) Judicial Review.--
(1) In general.--Except as provided in paragraph (2),
judicial review of any provision of this title shall be sought
in the United States Court of Appeals for the District of
Columbia Circuit. Parties seeking judicial review of the
validity of any provision of this title must file suit within
90 days after the date of the enactment of this Act and no
preliminary injunctive relief or stays pending appeal will be
permitted. If multiple cases are filed under this paragraph,
the Court shall consolidate the cases. The Court must rule on
any action brought under this paragraph within 180 days.
(2) Decisions of board of trustees.--Decisions made by the
Board of Trustees shall be subject to judicial review only in
an action brought by an O&C County, except that nothing in this
title precludes bringing a legal claim against the Board of
Trustees that could be brought against a private landowner for
the same action.
SEC. 313. BOARD OF TRUSTEES.
(a) Appointment Authorization.--Subject to the conditions on
appointment imposed by this section, the Governor is authorized to
appoint the Board of Trustees to administer the O&C Trust and O&C Trust
lands. Appointments by the Governor shall be made within 60 days after
the date of the enactment of this Act.
(b) Members and Eligibility.--
(1) Number.--Subject to subsection (c), the Board of
Trustees shall consist of seven members.
(2) Residency requirement.--Members of the Board of
Trustees must reside within an O&C Trust county.
(3) Geographical representation.--To the extent
practicable, the Governor shall ensure broad geographic
representation among the O&C Trust counties in appointing
members to the Board of Trustees.
(c) Composition.--The Board of Trustees shall include the following
members:
(1)(A) Two forestry and wood products representatives,
consisting of--
(i) one member who represents the commercial
timber, wood products, or milling industries and who
represents an Oregon-based company with more than 500
employees, taking into account its affiliates, that has
submitted a bid for a timber sale on the Oregon and
California Railroad Grant lands, O&C Region Public
Domain lands, Coos Bay Wagon Road Grant lands, or O&C
Trust lands in the preceding five years; and
(ii) one member who represents the commercial wood
products or milling industries and who represents an
Oregon-based company with 500 or fewer employees,
taking into account its affiliates, that has submitted
a bid for a timber sale on the Oregon and California
Railroad Grant lands, O&C Region Public Domain lands,
Coos Bay Wagon Road Grant lands, or O&C Trust lands in
the preceding five years.
(B) At least one of the two representatives selected in
this paragraph must own commercial forest land that is adjacent
to the O&C Trust lands and from which the representative has
not exported unprocessed timber in the preceding five years.
(2) One representative of the general public who has
professional experience in one or more of the following fields:
(A) Business management.
(B) Law.
(C) Accounting.
(D) Banking.
(E) Labor management.
(F) Transportation.
(G) Engineering.
(H) Public policy.
(3) One representative of the science community who, at a
minimum, holds a Doctor of Philosophy degree in wildlife
biology, forestry, ecology, or related field and has published
peer-reviewed academic articles in the representative's field
of expertise.
(4) Three governmental representatives, consisting of--
(A) two members who are serving county
commissioners of an O&C Trust county and who are
nominated by the governing bodies of a majority of the
O&C Trust counties and approved by the Governor, except
that the two representatives may not be from the same
county; and
(B) one member who holds State-wide elected office
(or is a designee of such a person) or who represents a
federally recognized Indian tribe or tribes within one
or more O&C Trust counties.
(d) Term, Initial Appointment, Vacancies.--
(1) Term.--Except in the case of initial appointments,
members of the Board of Trustees shall serve for five-year
terms and may be reappointed for one consecutive term.
(2) Initial appointments.--In making the first appointments
to the Board of Trustees, the Governor shall stagger initial
appointment lengths so that two members have three-year terms,
two members have four-year terms, and three members have a full
five-year term.
(3) Vacancies.--Any vacancy on the Board of Trustees shall
be filled within 45 days by the Governor for the unexpired term
of the departing member.
(4) Board of trustees management costs.--Members of the
Board of Trustees may receive annual compensation from the O&C
Trust at a rate not to exceed 50 percent of the average annual
salary for commissioners of the O&C Trust counties for that
year.
(e) Chairperson and Operations.--
(1) Chairperson.--A majority of the Board of Trustees shall
select the chairperson for the Board of Trustees each year.
(2) Meetings.--The Board of Trustees shall establish
proceedings to carry out its duties. The Board shall meet at
least quarterly. Except for meetings substantially involving
personnel and contractual decisions, all meetings of the Board
shall comply with the public meetings law of the State.
(f) Quorum and Decision-Making.--
(1) Quorum.--A quorum shall consist of five members of the
Board of Trustees. The presence of a quorum is required to
constitute an official meeting of the board of trustees to
satisfy the meeting requirement under subsection (e)(2).
(2) Decisions.--All actions and decisions by the Board of
Trustees shall require approval by a majority of members.
(g) Annual Audit.--Financial statements regarding operation of the
O&C Trust shall be independently prepared and audited annually for
review by the O&C Trust counties, Congress, and the State.
SEC. 314. MANAGEMENT OF O&C TRUST LANDS.
(a) In General.--Except as otherwise provided in this title, the
O&C Trust lands will be managed by the Board of Trustees in compliance
with all Federal and State laws in the same manner as such laws apply
to private forest lands.
(b) Timber Sale Plans.--The Board of Trustees shall approve and
periodically update management and sale plans for the O&C Trust lands
consistent with the purpose specified in section 311(b). The Board of
Trustees may defer sale plans during periods of depressed timber
markets if the Board of Trustees, in its discretion, determines that
such delay until markets improve is financially prudent and in keeping
with its fiduciary obligation to the O&C Trust counties.
(c) Stand Rotation.--
(1) 100-120 year rotation.--The Board of Trustees shall
manage not less than 50 percent of the harvestable acres of the
O&C Trust lands on a 100-120 year rotation. The acreage subject
to 100-120 year management shall be geographically dispersed
across the O&C Trust lands in a manner that the Board of
Trustees, in its discretion, determines will contribute to
aquatic and terrestrial ecosystem values.
(2) Balance.--The balance of the harvestable acreage of the
O&C Trust lands shall be managed on any rotation age the Board
of Trustees, in its discretion and in compliance with
applicable State law, determines will best satisfy its
fiduciary obligation to provide revenue to the O&C Trust
counties.
(3) Thinning.--Nothing in this subsection is intended to
limit the ability of the Board of Trustees to decide, in its
discretion, to thin stands of timber on O&C Trust lands.
(d) Sale Terms.--
(1) In general.--Subject to paragraphs (2) and (3), the
Board of Trustees is authorized to establish the terms for sale
contracts of timber or other forest products from O&C Trust
lands.
(2) Set aside.--The Board of Trustees shall establish a
program consistent with the program of the Bureau of Land
Management under a March 10, 1959 Memorandum of Understanding,
as amended, regarding calculation of shares and sale of timber
set aside for purchase by business entities with 500 or fewer
employees and consistent with the regulations in part 121 of
title 13, Code of Federal Regulations applicable to timber sale
set asides, except that existing shares in effect on the date
of enactment of this Act shall apply until the next scheduled
recomputation of shares. In implementing its program that is
consistent with such Memorandum of Understanding, the Board of
Trustees shall utilize the Timber Sale Procedure Handbook and
other applicable procedures of the Bureau of Land Management,
including the Operating Procedures for Conducting the Five-Year
Recomputation of Small Business Share Percentages in effect on
January 1, 2013.
(3) Competitive bidding.--The Board of Trustees must sell
timber on a competitive bid basis. No less than 50 percent of
the total volume of timber sold by the Board of Trustees each
year shall be sold by oral bidding consistent with practices of
the Bureau of Land Management as of January 1, 2013.
(e) Prohibition on Export.--
(1) In general.--As a condition on the sale of timber or
other forest products from O&C Trust lands, unprocessed timber
harvested from O&C Trust lands may not be exported.
(2) Violations.--Any person who knowingly exports
unprocessed timber harvested from O&C Trust lands, who
knowingly provides such unprocessed timber for export by
another person, or knowingly sells timber harvested from O&C
Trust lands to a person who is disqualified from purchasing
timber from such lands pursuant to this section shall be
disqualified from purchasing timber or other forest products
from O&C Trust lands or from Federal lands administered under
this subtitle. Any person who uses unprocessed timber harvested
from O&C Trust lands in substitution for exported unprocessed
timber originating from private lands shall be disqualified
from purchasing timber or other forest products from O&C Trust
lands or from Federal lands administered under this subtitle.
(3) Unprocessed timber defined.--In this subsection, the
term ``unprocessed timber'' has the meaning given such term in
section 493(9) of the Forest Resources Conservation and
Shortage Relief Act of 1990 (16 U.S.C. 620e(9)).
(f) Integrated Pest, Disease, and Weed Management Plan.--The Board
of Trustees shall develop an integrated pest and vegetation management
plan to assist forest managers in prioritizing and minimizing the use
of pesticides and herbicides approved by the Environmental Protection
Agency and used in compliance with the Oregon Forest Practices Act. The
plan shall optimize the ability of the O&C Trust to re-establish forest
stands after harvest in compliance with the Oregon Forest Practices Act
and to create diverse early seral stage forests. The plan shall allow
for the eradication, containment and suppression of disease, pests,
weeds and noxious plants, and invasive species as found on the State
Noxious Weed List and prioritize ground application of herbicides and
pesticides to the greatest extent practicable. The plan shall be
completed before the start of the second year of the transition period.
The planning process shall be open to the public and the Board of
Trustees shall hold not less than two public hearings on the proposed
plan before final adoption.
(g) Access to Lands Transferred to Forest Service.--Persons acting
on behalf of the O&C Trust shall have a right of timely access over
lands transferred to the Forest Service under section 321 and Tribal
lands transferred under subtitle D as is reasonably necessary for the
Board of Trustees to carry out its management activities with regard to
the O&C Trust lands and the O&C Trust to satisfy its fiduciary duties
to O&C counties.
(h) Harvest Area Tree and Retention Requirements.--
(1) In general.--The O&C Trust lands shall include harvest
area tree and retention requirements consistent with State law.
(2) Use of old growth definition.--To the greatest extent
practicable, and at the discretion of the Board of Trustees,
old growth, as defined by the Old Growth Review Panel created
by section 324, shall be used to meet the retention
requirements applicable under paragraph (1).
(i) Riparian Area Management.--
(1) In general.--The O&C Trust lands shall be managed with
timber harvesting limited in riparian areas as follows:
(A) Streams.--For all fish bearing streams and all
perennial non-fish-bearing streams, there shall be no
removal of timber within a distance equal to the height
of one site potential tree on both sides of the stream
channel. For intermittent, non-fish-bearing streams,
there shall be no removal of timber within a distance
equal to one-half the height of a site potential tree
on both sides of the stream channel. For purposes of
this subparagraph, the stream channel boundaries are
the lines of ordinary high water.
(B) Larger lakes, ponds and reservoirs.--For all
lakes, ponds, and reservoirs with surface area larger
than one quarter of one acre, there shall be no removal
of timber within a distance equal to the height of one
site potential tree from the line of ordinary high
water of the water body.
(C) Small ponds and natural wetlands, springs and
seeps.--For all ponds with surface area one quarter
acre or less, and for all natural wetlands, springs and
seeps, there shall be no removal of timber within the
area dominated by riparian vegetation.
(2) Measurements.--For purposes of paragraph (1), all
distances shall be measured along slopes, and all site
potential tree heights shall be average height at maturity of
the dominant species of conifer determined at a scale no finer
than the applicable fifth field watershed.
(3) Rules of construction.--Nothing in paragraph (1) shall
be construed--
(A) to prohibit the falling or placement of timber
into streams to create large woody debris for the
benefit of aquatic ecosystems; or
(B) to prohibit the falling of trees within
riparian areas as may be reasonably necessary for
safety or operational reasons in areas adjacent to the
riparian areas, or for road construction or maintenance
pursuant to section 312(c)(3).
(j) Fire Protection and Emergency Response.--
(1) Reciprocal fire protection agreements.--
(A) Continuation of agreements.--Subject to
subparagraphs (B), (C), and (D), any reciprocal fire
protection agreement between the State or any other
entity and the Secretary concerned with regard to
Oregon and California Railroad Grant lands and O&C
Region Public Domain lands in effect on the date of the
enactment of this Act shall remain in place for a
period of ten years after such date unless earlier
terminated by the State or other entity.
(B) Assumption of blm rights and duties.--The Board
of Trustees shall exercise the rights and duties of the
Bureau of Land Management under the agreements
described in subparagraph (A), except as such rights
and duties might apply to Tribal lands under subtitle
D.
(C) Effect of expiration of period.--Following the
expiration of the ten-year period under subparagraph
(A), the Board of Trustees shall continue to provide
for fire protection of the Oregon and California
Railroad Grant lands and O&C Region Public Domain
lands, including those transferred to the Forest
Service under section 331, through continuation of the
reciprocal fire protection agreements, new cooperative
agreements, or by any means otherwise permitted by law.
The means selected shall be based on the review by the
Board of Trustees of whether the reciprocal fire
protection agreements were effective in protecting the
lands from fire.
(D) Emergency response.--Nothing in this paragraph
shall prevent the Secretary of Agriculture from an
emergency response to a fire on the O&C Trust lands or
lands transferred to the Forest Service under section
321.
(2) Emergency response to fire.--Subject to paragraph (1),
if the Secretary of Agriculture determines that fire on any of
the lands transferred under section 321 is burning uncontrolled
or the Secretary, the Board of Trustees, or contracted party
does not have readily and immediately available personnel and
equipment to control or extinguish the fire, the Secretary, or
any forest protective association or agency under contract or
agreement with the Secretary or the Board of Trustees for the
protection of forestland against fire, shall summarily and
aggressively abate the nuisance thus controlling and
extinguishing the fire.
(k) Northern Spotted Owl.--So long as the O&C Trust maintains the
100-120 year rotation on 50 percent of the harvestable acres required
in subsection (c), the section 321 lands representing the best quality
habitat for the owl are transferred to the Forest Service, and the O&C
Trust protects currently occupied northern spotted owl nest sites
consistent with the forest practices in the Oregon Forest Practices
Act, management of the O&C Trust land by the Board of Trustees shall be
considered to comply with section 9 of Public Law 93-205 (16 U.S.C.
1538) for the northern spotted owl. A currently occupied northern
spotted owl nest site shall be considered abandoned if there are no
northern spotted owl responses following three consecutive years of
surveys using the Protocol for Surveying Management Activities that May
Impact Northern Spotted Owls dated February 2, 2013.
SEC. 315. DISTRIBUTION OF REVENUES FROM O&C TRUST LANDS.
(a) Annual Distribution of Revenues.--
(1) Time for distribution; use.--Payments to each O&C Trust
county shall be made available to the general fund of the O&C
Trust county as soon as practicable following the end of each
fiscal year, to be used as are other unrestricted county funds.
(2) Amount.--The amount paid to an O&C Trust county in
relation to the total distributed to all O&C Trust counties for
a fiscal year shall be based on the proportion that the total
assessed value of the Oregon and California Railroad Grant
lands in each of the O&C Trust counties for fiscal year 1915
bears to the total assessed value of all of the Oregon and
California Railroad Grant lands in the State for that same
fiscal year. However, for the purposes of this subsection the
portion of the revested Oregon and California Railroad Grant
lands in each of the O&C Trust counties that was not assessed
for fiscal year 1915 shall be deemed to have been assessed at
the average assessed value of the Oregon and California
Railroad Grant lands in the county.
(3) Limitation.--After the fifth payment made under this
subsection, the payment to an O&C Trust county for a fiscal
year shall not exceed 110 percent of the previous year's
payment to the O&C Trust county, adjusted for inflation based
on the consumer price index applicable to the geographic area
in which the O&C Trust counties are located.
(b) Reserve Fund.--
(1) Establishment of reserve fund.--The Board of Trustees
shall generate and maintain a reserve fund.
(2) Deposits to reserve fund.--Within 10 years after
creation of the O&C Trust or as soon thereafter as is
practicable, the Board of Trustees shall establish and seek to
maintain an annual balance of $125,000,000 in the Reserve Fund,
to be derived from revenues generated from management
activities involving O&C Trust lands. All annual revenues
generated in excess of operating costs and payments to O&C
Trust counties required by subsection (a) and payments into the
Conservation Fund as provided in subsection (c) shall be
deposited in the Reserve Fund.
(3) Expenditures from reserve fund.--The Board of Trustees
shall use amounts in the Reserve Fund only--
(A) to pay management and administrative expenses
or capital improvement costs on O&C Trust lands; and
(B) to make payments to O&C Trust counties when
payments to the counties under subsection (a) are
projected to be 90 percent or less of the previous
year's payments.
(c) O&C Trust Conservation Fund.--
(1) Establishment of conservation fund.--The Board of
Trustees shall use a portion of revenues generated from
activity on the O&C Trust lands, consistent with paragraph (2),
to establish and maintain a O&C Trust Conservation Fund. The
O&C Trust Conservation Fund shall include no Federal
appropriations.
(2) Revenues.--Following the transition period, five
percent of the O&C Trust's annual net operating revenue, after
deduction of all management costs and expenses, including the
payment required under section 317, shall be deposited to the
O&C Trust Conservation Fund.
(3) Expenditures from conservation fund.--The Board of
Trustees shall use amounts from the O&C Trust Conservation Fund
only--
(A) to fund the voluntary acquisition of
conservation easements from willing private landowners
in the State;
(B) to fund watershed restoration, remediation and
enhancement projects within the State; or
(C) to contribute to balancing values in a land
exchange with willing private landowners proposed under
section 323(b), if the land exchange will result in a
net increase in ecosystem benefits for fish, wildlife,
or rare native plants.
SEC. 316. LAND EXCHANGE AUTHORITY.
(a) Authority.--Subject to approval by the Secretary concerned, the
Board of Trustees may negotiate proposals for land exchanges with
owners of lands adjacent to O&C Trust lands in order to create larger
contiguous blocks of land under management by the O&C Trust to
facilitate resource management, to improve conservation value of such
lands, or to improve the efficiency of management of such lands.
(b) Approval Required; Criteria.--The Secretary concerned may
approve a land exchange proposed by the Board of Trustees
administratively if the exchange meets the following criteria:
(1) The non-Federal lands are completely within the State.
(2) The non-Federal lands have high timber production
value, or are necessary for more efficient or effective
management of adjacent or nearby O&C Trust lands.
(3) The non-Federal lands have equal or greater value to
the O&C Trust lands proposed for exchange.
(4) The proposed exchange is reasonably likely to increase
the net income to the O&C Trust counties over the next 20 years
and not decrease the net income to the O&C Trust counties over
the next 10 years.
(c) Acreage Limitation.--The Secretary concerned shall not approve
land exchanges under this section that, taken together with all
previous exchanges involving the O&C Trust lands, have the effect of
reducing the total acreage of the O&C Trust lands by more than five
percent from the total acreage to be designated as O&C Trust land under
section 311(c)(1).
(d) Inapplicability of Certain Laws.--Section 3 of the Oregon
Public Lands Transfer and Protection Act of 1998 (Public Law 105-321;
112 Stat. 3022), the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et. seq.), including the amendments made by the Federal
Land Exchange Facilitation Act of 1988 (Public Law 100-409; 102 Stat.
1086), the Act of March 20, 1922 (16 U.S.C. 485, 486), and the Act of
March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480 et seq.)
shall not apply to the land exchange authority provided by this
section.
(e) Exchanges With Forest Service.--
(1) Exchanges authorized.--The Board of Trustees is
authorized to engage in land exchanges with the Forest Service
if approved by the Secretary pursuant to section 323(c).
(2) Management of exchanged lands.--Following completion of
a land exchange under paragraph (1), the management
requirements applicable to the newly acquired lands by the O&C
Trust or the Forest Service shall be the same requirements
under this subtitle applicable to the other lands that are
managed by the O&C Board or the Forest Service.
SEC. 317. PAYMENTS TO THE UNITED STATES TREASURY.
As soon as practicable after the end of the third fiscal year of
the transition period and in each of the subsequent seven fiscal years,
the O&C Trust shall submit a payment of $10,000,000 to the United
States Treasury.
CHAPTER 2--TRANSFER OF CERTAIN LANDS TO FOREST SERVICE
SEC. 321. TRANSFER OF CERTAIN OREGON AND CALIFORNIA RAILROAD GRANT
LANDS TO FOREST SERVICE.
(a) Transfer Required.--The Secretary of the Interior shall
transfer administrative jurisdiction over all Oregon and California
Railroad Grant lands and O&C Region Public Domain lands not designated
as O&C Trust lands by subparagraphs (A) through (F) of section
311(c)(1), including those lands excluded by section 311(c)(2), to the
Secretary of Agriculture for inclusion in the National Forest System
and administration by the Forest Service as provided in section 322.
(b) Exception.--This section does not apply to Tribal lands
transferred under subtitle D.
SEC. 322. MANAGEMENT OF TRANSFERRED LANDS BY FOREST SERVICE.
(a) Assignment to Existing National Forests.--To the greatest
extent practicable, management responsibilities for the lands
transferred under section 321 shall be assigned to the unit of the
National Forest System geographically closest to the transferred lands.
The Secretary of Agriculture shall have ultimate decision-making
authority, but shall assign the transferred lands to a unit not later
than the applicable transfer date provided in the transition period.
(b) Application of Northwest Forest Plan.--
(1) In general.--Except as provided in paragraph (2), the
lands transferred under section 321 shall be managed under the
Northwest Forest Plan and shall retain Northwest Forest Plan
land use designations until or unless changed in the manner
provided by Federal laws applicable to the administration and
management of the National Forest System.
(2) Exception for certain designated lands.--The lands
excluded from the O&C Trust by subparagraphs (A) through (F) of
section 311(c)(2) and transferred to the Forest Service under
section 321 shall be managed as provided by Federal laws
applicable to the lands.
(c) Protection of Old Growth.--Old growth, as defined by the Old
Growth Review Panel pursuant to rulemaking conducted in accordance with
section 553 of title 5, United States Code, shall not be harvested by
the Forest Service on lands transferred under section 321.
(d) Emergency Response to Fire.--Subject to section 314(i), if the
Secretary of Agriculture determines that fire on any of the lands
transferred under section 321 is burning uncontrolled or the Secretary
or contracted party does not have readily and immediately available
personnel and equipment to control or extinguish the fire, the
Secretary, or any forest protective association or agency under
contract or agreement with the Secretary for the protection of
forestland against fire, and within whose protection area the fire
exists, shall summarily and aggressively abate the nuisance thus
controlling and extinguishing the fire.
SEC. 323. MANAGEMENT EFFICIENCIES AND EXPEDITED LAND EXCHANGES.
(a) Land Exchange Authority.--The Secretary of Agriculture may
conduct land exchanges involving lands transferred under section 321,
other than the lands excluded from the O&C Trust by subparagraphs (A)
through (F) of section 311(c)(2), in order create larger contiguous
blocks of land under management of the Secretary to facilitate resource
management, to improve conservation value of such lands, or to improve
the efficiency of management of such lands.
(b) Criteria for Exchanges With Non-Federal Owners.--The Secretary
of Agriculture may conduct a land exchange administratively under this
section with a non-Federal owner (other than the O&C Trust) if the land
exchange meets the following criteria:
(1) The non-Federal lands are completely within the State.
(2) The non-Federal lands have high wildlife conservation
or recreation value or the exchange is necessary to increase
management efficiencies of lands administered by the Forest
Service for the purposes of the National Forest System.
(3) The non-Federal lands have equal or greater value to
the Federal lands purposed for exchange or a balance of values
can be achieved--
(A) with a grant of funds provided by the O&C Trust
pursuant to section 315(c); or
(B) from other sources.
(c) Criteria for Exchanges With O&C Trust.--The Secretary of
Agriculture may conduct land exchanges with the Board of Trustees
administratively under this subsection, and such an exchange shall be
deemed to not involve any Federal action or Federal discretionary
involvement or control if the land exchange with the O&C Trust meets
the following criteria:
(1) The O&C Trust lands to be exchanged have high wildlife
value or ecological value or the exchange would facilitate
resource management or otherwise contribute to the management
efficiency of the lands administered by the Forest Service.
(2) The exchange is requested or approved by the Board of
Trustees for the O&C Trust and will not impair the ability of
the Board of Trustees to meet its fiduciary responsibilities.
(3) The lands to be exchanged by the Forest Service do not
contain stands of timber meeting the definition of old growth
established by the Old Growth Review Panel pursuant to section
324.
(4) The lands to be exchanged are equal in acreage.
(d) Acreage Limitation.--The Secretary of Agriculture shall not
approve land exchanges under this section that, taken together with all
previous exchanges involving the lands described in subsection (a),
have the effect of reducing the total acreage of such lands by more
than five percent from the total acreage originally transferred to the
Secretary.
(e) Inapplicability of Certain Laws.--Section 3 of the Oregon
Public Lands Transfer and Protection Act of 1998 (Public Law 105-321;
112 Stat. 3022), the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et. seq.), including the amendments made by the Federal
Land Exchange Facilitation Act of 1988 (Public Law 100-409; 102 Stat.
1086), the Act of March 20, 1922 (16 U.S.C. 485, 486), and the Act of
March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480 et seq.)
shall not apply to the land exchange authority provided by this
section.
SEC. 324. REVIEW PANEL AND OLD GROWTH PROTECTION.
(a) Appointment; Members.--Within 60 days after the date of the
enactment of this Act the Secretary of Agriculture shall appoint an Old
Growth Review Panel consisting of five members. At a minimum, the
members must hold a Doctor of Philosophy degree in wildlife biology,
forestry, ecology, or related field and published peer-reviewed
academic articles in their field of expertise.
(b) Purpose of Review.--Members of the Old Growth Review Panel
shall review existing, published, peer-reviewed articles in relevant
academic journals and establish a definition or definitions of old
growth as it applies to the ecologically, geographically and
climatologically unique Oregon and California Railroad Grant lands and
O&C Region Public Domain lands managed by the O&C Trust or the Forest
Service only. The definition or definitions shall bear no legal force,
shall not be used as a precedent for, and shall not apply to any lands
other than the Oregon and California Railroad Grant lands and O&C
Region Public Domain lands managed by the O&C Trust or the Forest
Service in western Oregon. The definition or definitions shall not
apply to Tribal lands.
(c) Submission of Results.--The definition or definitions for old
growth in western Oregon established under subsection (b), if approved
by at least four members of the Old Growth Review Panel, shall be
submitted to the Secretary of Agriculture within six months after the
date of the enactment of this Act.
SEC. 325. UNIQUENESS OF OLD GROWTH PROTECTION ON OREGON AND CALIFORNIA
RAILROAD GRANT LANDS.
All sections of this subtitle referring to the term ``old growth''
are uniquely suited to resolve management issues for the lands covered
by this subtitle only, and shall not be construed as precedent for any
other situation involving management of other Federal, State, Tribal,
or private lands.
CHAPTER 3--TRANSITION
SEC. 331. TRANSITION PERIOD AND OPERATIONS.
(a) Transition Period.--
(1) Commencement; duration.--Effective on October 1 of the
first fiscal year beginning after the appointment of the Board
of Trustees under section 313, a transition period of three
fiscal years shall commence.
(2) Exceptions.--Unless specifically stated in the
following subsections, any action under this section shall be
deemed not to involve Federal agency action or Federal
discretionary involvement or control.
(b) Year One.--
(1) Applicability.--During the first fiscal year of the
transition period, the activities described in this subsection
shall occur.
(2) Board of trustees activities.--The Board of Trustees
shall employ sufficient staff or contractors to prepare for
beginning management of O&C Trust lands and O&C Region Public
Domain lands in the second fiscal year of the transition
period, including preparation of management plans and a harvest
schedule for the lands over which management authority is
transferred to the O&C Trust in the second fiscal year.
(3) Forest service activities.--The Forest Service shall
begin preparing to assume management authority of all Oregon
and California Railroad Grant lands and O&C Region Public
Domain lands transferred under section 321 in the second fiscal
year.
(4) Secretary concerned activities.--The Secretary
concerned shall continue to exercise management authority over
all Oregon and California Railroad Grant lands and O&C Region
Public Domain lands under all existing Federal laws.
(5) Information sharing.--Upon written request from the
Board of Trustees, the Secretary of the Interior shall provide
copies of any documents or data, however stored or maintained,
that includes the requested information concerning O&C Trust
lands. The copies shall be provided as soon as practicable and
to the greatest extent possible, but in no event later than 30
days following the date of the request.
(6) Exception.--This subsection does not apply to Tribal
lands transferred under subtitle D.
(c) Year Two.--
(1) Applicability.--During the second fiscal year of the
transition period, the activities described in this subsection
shall occur.
(2) Transfer of o&c trust lands.--Effective on October 1 of
the second fiscal year of the transition period, management
authority over the O&C Trust lands shall be transferred to the
O&C Trust.
(3) Transfer of lands to forest service.--The transfers
required by section 321 shall occur.
(4) Information sharing.--The Secretary of Agriculture
shall obtain and manage, as soon as practicable, all documents
and data relating to the Oregon and California Railroad Grant
lands, O&C Region Public Domain lands, and Coos Bay Wagon Road
lands previously managed by the Bureau of Land Management. Upon
written request from the Board of Trustees, the Secretary of
Agriculture shall provide copies of any documents or data,
however stored or maintained, that includes the requested
information concerning O&C Trust lands. The copies shall be
provided as soon as practicable and to the greatest extent
possible, but in no event later than 30 days following the date
of the request.
(5) Implementation of management plan.--The Board of
Trustees shall begin implementing its management plan for the
O&C Trust lands and revise the plan as necessary. Distribution
of revenues generated from all activities on the O&C Trust
lands shall be subject to section 315.
(d) Year Three and Subsequent Years.--
(1) Applicability.--During the third fiscal year of the
transition period and all subsequent fiscal years, the
activities described in this subsection shall occur.
(2) Board of trustees management.--The Board of Trustees
shall manage the O&C Trust lands pursuant to subtitle A.
SEC. 332. O&C TRUST MANAGEMENT CAPITALIZATION.
(a) Borrowing Authority.--The Board of Trustees is authorized to
borrow from any available private sources and non-Federal, public
sources in order to provide for the costs of organization,
administration, and management of the O&C Trust during the three-year
transition period provided in section 331.
(b) Support.--Notwithstanding any other provision of law, O&C Trust
counties are authorized to loan to the O&C Trust, and the Board of
Trustees is authorized to borrow from willing O&C Trust counties,
amounts held on account by such counties that are required to be
expended in accordance with the Act of May 23,1908 (35 Stat. 260; 16
U.S.C. 500) and section 13 of the Act of March 1, 1911 (36 Stat. 963;
16 U.S.C. 500), except that, upon repayment by the O&C Trust, the
obligation of such counties to expend the funds in accordance with such
Acts shall continue to apply.
SEC. 333. EXISTING BUREAU OF LAND MANAGEMENT AND FOREST SERVICE
CONTRACTS.
(a) Treatment of Existing Contracts.--Any work or timber contracts
sold or awarded by the Bureau of Land Management or Forest Service on
or with respect to Oregon and California Railroad Grant lands or O&C
Region Public Domain lands before the transfer of the lands to the O&C
Trust or the Forest Service, or Tribal lands transferred under subtitle
D, shall remain binding and effective according to the terms of the
contracts after the transfer of the lands. The Board of Trustees and
Secretary concerned shall make such accommodations as are necessary to
avoid interfering in any way with the performance of the contracts.
(b) Treatment of Payments Under Contracts.--Payments made pursuant
to the contracts described in subsection (a), if any, shall be made as
provided in those contracts and not made to the O&C Trust.
SEC. 334. PROTECTION OF VALID EXISTING RIGHTS AND ACCESS TO NON-FEDERAL
LAND.
(a) Valid Rights.--Nothing in this title, or any amendment made by
this title, shall be construed as terminating any valid lease, permit,
patent, right-of-way, agreement, or other right of authorization
existing on the date of the enactment of this Act with regard to Oregon
and California Railroad Grant lands or O&C Region Public Domain lands,
including O&C Trust lands over which management authority is
transferred to the O&C Trust pursuant to section 311(c)(1), lands
transferred to the Forest Service under section 321, and Tribal lands
transferred under subtitle D.
(b) Access to Lands.--
(1) Existing access rights.--The Secretary concerned shall
preserve all rights of access and use, including (but not
limited to) reciprocal right-of-way agreements, tail hold
agreements, or other right-of-way or easement obligations
existing on the date of the enactment of this Act, and such
rights shall remain applicable to lands covered by this
subtitle in the same manner and to the same extent as such
rights applied before the date of the enactment of this Act.
(2) New access rights.--If a current or future landowner of
land intermingled with Oregon and California Railroad Grant
lands or O&C Region Public Domain lands does not have an
existing access agreement related to the lands covered by this
subtitle, the Secretary concerned shall enter into an access
agreement, including appurtenant lands, to secure the landowner
the reasonable use and enjoyment of the landowner's land,
including the harvest and hauling of timber.
(c) Management Cooperation.--The Board of Trustees and the
Secretary concerned shall provide current and future landowners of land
intermingled with Oregon and California Railroad Grant lands or O&C
Region Public Domain lands the permission needed to manage their lands,
including to locate tail holds, tramways, and logging wedges, to
purchase guylines, and to cost-share property lines surveys to the
lands covered by this subtitle, within 30 days after receiving
notification of the landowner's plan of operation.
(d) Judicial Review.--Notwithstanding section 312(g)(2), a private
landowner may obtain judicial review of a decision of the Board of
Trustees to deny--
(1) the landowner the rights provided by subsection (b)
regarding access to the landowner's land; or
(2) the landowner the reasonable use and enjoyment of the
landowner's land.
SEC. 335. REPEAL OF SUPERSEDED LAW RELATING TO OREGON AND CALIFORNIA
RAILROAD GRANT LANDS.
(a) Repeal.--Except as provided in subsection (b), the Act of
August 28, 1937 (43 U.S.C. 1181a et seq.) is repealed effective on
October 1 of the first fiscal year beginning after the appointment of
the Board of Trustees.
(b) Effect of Certain Court Rulings.--If, as a result of judicial
review authorized by section 312, any provision of this subtitle is
held to be invalid and implementation of the provision or any activity
conducted under the provision is then enjoined, the Act of August 28,
1937 (43 U.S.C. 1181a et seq.), as in effect immediately before its
repeal by subsection (a), shall be restored to full legal force and
effect as if the repeal had not taken effect.
Subtitle B--Coos Bay Wagon Roads
SEC. 341. TRANSFER OF MANAGEMENT AUTHORITY OVER CERTAIN COOS BAY WAGON
ROAD GRANT LANDS TO COOS COUNTY, OREGON.
(a) Transfer Required.--Except in the case of the lands described
in subsection (b), the Secretary of the Interior shall transfer
management authority over the Coos Bay Wagon Road Grant lands
reconveyed to the United States pursuant to the first section of the
Act of February 26, 1919 (40 Stat. 1179), and the surface resources
thereon, to the Coos County government. The transfer shall be completed
not later than one year after the date of the enactment of this Act.
(b) Lands Excluded.--The transfer under subsection (a) shall not
include any of the following Coos Bay Wagon Road Grant lands:
(1) Federal lands within the National Landscape
Conservation System as of January 1, 2013.
(2) Federal lands designated as Areas of Critical
Environmental Concern as of January 1, 2013.
(3) Federal lands that were in the National Wilderness
Preservation System as of January 1, 2013.
(4) Federal lands included in the National Wild and Scenic
Rivers System of January 1, 2013.
(5) Federal lands within the boundaries of a national
monument, park, or other developed recreation area as of
January 1, 2013.
(6) All stands of timber generally older than 125 years
old, as of January 1, 2011, which shall be conclusively
determined by reference to the polygon spatial data layer in
the electronic data compilation filed by the Bureau of Land
Management based on the predominant birth-date attribute, and
the boundaries of such stands shall be conclusively determined
for all purposes by the global positioning system coordinates
for such stands.
(7) Tribal lands addressed in subtitle D.
(c) Management.--
(1) In general.--Coos County shall manage the Coos Bay
Wagon Road Grant lands over which management authority is
transferred under subsection (a) consistent with section 314,
and for purposes of applying such section, ``Board of
Trustees'' shall be deemed to mean ``Coos County'' and ``O&C
Trust lands'' shall be deemed to mean the transferred lands.
(2) Responsibility for management costs.--Coos County shall
be responsible for all management and administrative costs of
the Coos Bay Wagon Road Grant lands over which management
authority is transferred under subsection (a).
(3) Management contracts.--Coos County may contract, if
competitively bid, with one or more public, private, or tribal
entities, including (but not limited to) the Coquille Indian
Tribe, if such entities are substantially based in Coos or
Douglas Counties, Oregon, to manage and administer the lands.
(d) Treatment of Revenues.--
(1) In general.--All revenues generated from the Coos Bay
Wagon Road Grant lands over which management authority is
transferred under subsection (a) shall be deposited in the
general fund of the Coos County treasury to be used as are
other unrestricted county funds.
(2) Treasury.--As soon as practicable after the end of the
third fiscal year of the transition period and in each of the
subsequent seven fiscal years, Coos County shall submit a
payment of $400,000 to the United States Treasury.
(3) Douglas county.--Beginning with the first fiscal year
for which management of the Coos Bay Wagon Road Grant lands
over which management authority is transferred under subsection
(a) generates net positive revenues, and for all subsequent
fiscal years, Coos County shall transmit a payment to the
general fund of the Douglas County treasury from the net
revenues generated from the lands. The payment shall be made as
soon as practicable following the end of each fiscal year and
the amount of the payment shall bear the same proportion to
total net revenues for the fiscal year as the proportion of the
Coos Bay Wagon Road Grant lands in Douglas County in relation
to all Coos Bay Wagon Road Grant lands in Coos and Douglas
Counties as of January 1, 2013.
SEC. 342. TRANSFER OF CERTAIN COOS BAY WAGON ROAD GRANT LANDS TO FOREST
SERVICE.
The Secretary of the Interior shall transfer administrative
jurisdiction over the Coos Bay Wagon Road Grant lands excluded by
paragraphs (1) through (6) of section 341(b) to the Secretary of
Agriculture for inclusion in the National Forest System and
administration by the Forest Service as provided in section 322.
SEC. 343. LAND EXCHANGE AUTHORITY.
Coos County may recommend land exchanges to the Secretary of
Agriculture and carry out such land exchanges in the manner provided in
section 316.
Subtitle C--Oregon Treasures
CHAPTER 1--WILDERNESS AREAS
SEC. 351. DESIGNATION OF DEVIL'S STAIRCASE WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), the Federal land in the State of Oregon
administered by the Forest Service and the Bureau of Land Management,
comprising approximately 30,520 acres, as generally depicted on the map
titled ``Devil's Staircase Wilderness Proposal'', dated October 26,
2009, are designated as a wilderness area for inclusion in the National
Wilderness Preservation System and to be known as the ``Devil's
Staircase Wilderness''.
(b) Map and Legal Description.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall file with the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a map and legal
description of wilderness area designated by subsection (a). The map
and legal description 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 description. In the case of any
discrepancy between the acreage specified in subsection (a) and the
map, the map shall control. The map and legal description shall be on
file and available for public inspection in the Office of the Chief of
the Forest Service.
(c) Administration.--
(1) In general.--Subject to valid existing rights, the
Devil's Staircase Wilderness Area shall be administered by the
Secretaries of Agriculture and the Interior, in accordance with
the Wilderness Act and the Oregon Wilderness Act of 1984,
except that, with respect to the wilderness area, any reference
in the Wilderness Act to the effective date of that Act shall
be deemed to be a reference to the date of the enactment of
this Act.
(2) Forest service roads.--As provided in section 4(d)(1)
of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary of
Agriculture shall--
(A) decommission any National Forest System road
within the wilderness boundaries; and
(B) convert Forest Service Road 4100 within the
wilderness boundary to a trail for primitive
recreational use.
(d) Incorporation of Acquired Land and Interests.--Any land within
the boundary of the wilderness area designated by this section that is
acquired by the United States shall--
(1) become part of the Devil's Staircase Wilderness Area;
and
(2) be managed in accordance with this section and any
other applicable law.
(e) Fish and Wildlife.--Nothing in this section shall be construed
as affecting the jurisdiction or responsibilities of the State of
Oregon with respect to wildlife and fish in the national forests.
(f) Withdrawal.--Subject to valid rights in existence on the date
of enactment of this Act, the Federal land designated as wilderness
area by this section 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 pertaining to mineral and
geothermal leasing or mineral materials.
(g) Protection of Tribal Rights.--Nothing in this section shall be
construed to diminish--
(1) the existing rights of any Indian tribe; or
(2) tribal rights regarding access to Federal lands for
tribal activities, including spiritual, cultural, and
traditional food gathering activities.
SEC. 352. EXPANSION OF WILD ROGUE WILDERNESS AREA.
(a) Expansion.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), certain Federal land managed by the Bureau of Land
Management, comprising approximately 58,100 acres, as generally
depicted on the map entitled ``Wild Rogue'', dated September 16, 2010,
are hereby included in the Wild Rogue Wilderness, a component of the
National Wilderness Preservation System.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of the Interior shall file
a map and a legal description of the wilderness area designated
by this section, with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may
correct typographical errors in the maps and legal
descriptions.
(3) Public availability.--Each map and legal description
filed 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 wilderness by this section shall be administered by the
Secretary of Agriculture in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.).
(d) Withdrawal.--Subject to valid rights in existence on the date
of enactment of this Act, the Federal land designated as wilderness by
this section 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 pertaining to mineral and
geothermal leasing or mineral materials.
CHAPTER 2--WILD AND SCENIC RIVER DESIGNATED AND RELATED PROTECTIONS
SEC. 361. WILD AND SCENIC RIVER DESIGNATIONS, MOLALLA RIVER.
(a) Designations.--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:
``(__) Molalla river, oregon.--The following segments in
the State of Oregon, to be administered by the Secretary of the
Interior as a recreational river:
``(A) 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.
``(B) 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) 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''.
SEC. 362. WILD AND SCENIC RIVERS ACT TECHNICAL CORRECTIONS RELATED TO
CHETCO RIVER.
Section 3(a)(69) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)(69)) is amended--
(1) by inserting before the ``The 44.5-mile'' the
following:
``(A) Designations.--'';
(2) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively (and by moving the
margins 2 ems to the right);
(3) in clause (i), as 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 redesignated--
(A) by striking ``8'' and inserting ``7.5'';
(B) by striking ``Boulder Creek'' and inserting
``Mislatnah Creek''; and
(C) by striking ``Steel Bridge'' and inserting
``Eagle Creek'';
(5) in clause (iii), as redesignated--
(A) by striking ``11'' and inserting ``9.5''; 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.''.
SEC. 363. WILD AND SCENIC RIVER DESIGNATIONS, WASSON CREEK AND FRANKLIN
CREEK.
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:
``(__) Franklin creek, oregon.--The 4.5-mile segment from
the headwaters to the private land boundary in section 8 to be
administered by the Secretary of Agriculture as a wild river.
``(__) Wasson creek, oregon.--
``(A) The 4.2-mile segment from the eastern edge of
section 17 downstream to the boundary of sections 11
and 12 to be administered by the Secretary of Interior
as a wild river.
``(B) The 5.9-mile segment downstream from the
boundary of sections 11 and 12 to the private land
boundary in section 22 to be administered by the
Secretary of Agriculture as a wild river.''.
SEC. 364. WILD AND SCENIC RIVER DESIGNATIONS, ROGUE RIVER AREA.
(a) Designations.--Section 3(a)(5) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)(5)) (relating to the Rogue River, Oregon) is
amended by adding at the end the following: ``In addition to the
segment described in the previous sentence, the following segments in
the Rogue River area are designated:
``(A) Kelsey creek.--The approximately 4.8 miles of Kelsey
Creek from east section line of T32S, R9W, sec. 34, W.M. to the
confluence with the Rogue River as a wild river.
``(B) East fork kelsey creek.--The approximately 4.6 miles
of East Fork Kelsey Creek from the Wild Rogue Wilderness
boundary in T33S, R8W, sec. 5, W.M. to the confluence with
Kelsey Creek as a wild river.
``(C) Whisky creek.--
``(i) The approximately 0.6 miles 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) The approximately 1.9 miles of Whisky Creek
from 0.1 miles downstream from road 33-8-23 to the
confluence with the Rogue River as a wild river.
``(D) East fork whisky creek.--
``(i) The approximately 2.8 miles of East Fork
Whisky Creek from the Wild Rogue Wilderness boundary in
T33S, R8W, sec. 11, W.M. to 0.1 miles downstream of
road 33-8-26 crossing as a wild river.
``(ii) The approximately .3 miles 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.
``(E) West fork whisky creek.--The approximately 4.8 miles
of West Fork Whisky Creek from its headwaters to the confluence
with Whisky Creek as a wild river.
``(F) Big windy creek.--
``(i) The approximately 1.5 miles of Big Windy
Creek from its headwaters to 0.1 miles downstream from
road 34-9-17.1 as a scenic river.
``(ii) The approximately 5.8 miles 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.
``(G) East fork big windy creek.--
``(i) The approximately 0.2 miles of East Fork Big
Windy Creek from its headwaters to 0.1 miles downstream
from road 34-8-36 as a scenic river.
``(ii) The approximately 3.7 miles 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.
``(H) Little windy creek.--The approximately 1.9 miles 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.
``(I) Howard creek.--
``(i) The approximately 0.3 miles of Howard Creek
from its headwaters to 0.1 miles downstream of road 34-
9-34 as a scenic river.
``(ii) The approximately 6.9 miles of Howard Creek
from 0.1 miles downstream of road 34-9-34 to the
confluence with the Rogue River as a wild river.
``(J) Mule creek.--The approximately 6.3 miles of Mule
Creek from east section line of T32S, R10W, sec. 25, W.M. to
the confluence with the Rogue River as a wild river.
``(K) Anna creek.--The approximately 3.5-mile section of
Anna Creek from its headwaters to the confluence with Howard
Creek as a wild river.
``(L) Missouri creek.--The approximately 1.6 miles of
Missouri Creek from the Wild Rogue Wilderness boundary in T33S,
R10W, sec. 24, W.M. to the confluence with the Rogue River as a
wild river.
``(M) Jenny creek.--The approximately 1.8 miles of Jenny
Creek from the Wild Rogue Wilderness boundary in T33S, R9W,
sec. 28, W.M. to the confluence with the Rogue River as a wild
river.
``(N) Rum creek.--The approximately 2.2 miles of Rum Creek
from the Wild Rogue Wilderness boundary in T34S, R8W, sec. 9,
W.M. to the confluence with the Rogue River as a wild river.
``(O) East fork rum creek.--The approximately 1.5 miles of
East Rum Creek from the Wild Rogue Wilderness boundary in T34S,
R8W, sec. 10, W.M. to the confluence with Rum Creek as a wild
river.
``(P) Wildcat creek.--The approximately 1.7-mile section of
Wildcat Creek from its headwaters downstream to the confluence
with the Rogue River as a wild river.
``(Q) Montgomery creek.--The approximately 1.8-mile section
of Montgomery Creek from its headwaters downstream to the
confluence with the Rogue River as a wild river.
``(R) Hewitt creek.--The approximately 1.2 miles of Hewitt
Creek from the Wild Rogue Wilderness boundary in T33S, R9W,
sec. 19, W.M. to the confluence with the Rogue River as a wild
river.
``(S) Bunker creek.--The approximately 6.6 miles of Bunker
Creek from its headwaters to the confluence with the Rogue
River as a wild river.
``(T) Dulog creek.--
``(i) The approximately 0.8 miles of Dulog Creek
from its headwaters to 0.1 miles downstream of road 34-
8-36 as a scenic river.
``(ii) The approximately 1.0 miles of Dulog Creek
from 0.1 miles downstream of road 34-8-36 to the
confluence with the Rogue River as a wild river.
``(U) Quail creek.--The approximately 1.7 miles of Quail
Creek from the Wild Rogue Wilderness boundary in T33S, R10W,
sec. 1, W.M. to the confluence with the Rogue River as a wild
river.
``(V) Meadow creek.--The approximately 4.1 miles of Meadow
Creek from its headwaters to the confluence with the Rogue
River as a wild river.
``(W) Russian creek.--The approximately 2.5 miles of
Russian Creek from the Wild Rogue Wilderness boundary in T33S,
R8W, sec. 20, W.M. to the confluence with the Rogue River as a
wild river.
``(X) Alder creek.--The approximately 1.2 miles of Alder
Creek from its headwaters to the confluence with the Rogue
River as a wild river.
``(Y) Booze creek.--The approximately 1.5 miles of Booze
Creek from its headwaters to the confluence with the Rogue
River as a wild river.
``(Z) Bronco creek.--The approximately 1.8 miles of Bronco
Creek from its headwaters to the confluence with the Rogue
River as a wild river.
``(AA) Copsey creek.--The approximately 1.5 miles of Copsey
Creek from its headwaters to the confluence with the Rogue
River as a wild river.
``(BB) Corral creek.--The approximately 0.5 miles of Corral
Creek from its headwaters to the confluence with the Rogue
River as a wild river.
``(CC) Cowley creek.--The approximately 0.9 miles of Cowley
Creek from its headwaters to the confluence with the Rogue
River as a wild river.
``(DD) Ditch creek.--The approximately 1.8 miles of Ditch
Creek from the Wild Rogue Wilderness boundary in T33S, R9W,
sec. 5, W.M. to its confluence with the Rogue River as a wild
river.
``(EE) Francis creek.--The approximately 0.9 miles of
Francis Creek from its headwaters to the confluence with the
Rogue River as a wild river.
``(FF) Long gulch.--The approximately 1.1 miles of Long
Gulch from the Wild Rogue Wilderness boundary in T33S, R10W,
sec. 23, W.M. to the confluence with the Rogue River as a wild
river.
``(GG) Bailey creek.--The approximately 1.7 miles of Bailey
Creek from the west section line of T34S, R8W, sec. 14, W.M. to
the confluence of the Rogue River as a wild river.
``(HH) Shady creek.--The approximately 0.7 miles of Shady
Creek from its headwaters to the confluence with the Rogue
River as a wild river.
``(II) Slide creek.--
``(i) The approximately 0.5-mile section of Slide
Creek from its headwaters to 0.1 miles downstream from
road 33-9-6 as a scenic river.
``(ii) 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.''.
(b) Management.--All wild, scenic, and recreation classified
segments designated by the amendment made by subsection (a) shall be
managed as part of the Rogue Wild and Scenic River.
(c) Withdrawal.--Subject to valid rights, the Federal land within
the boundaries of the river segments designated by the amendment made
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 pertaining to mineral and
geothermal leasing or mineral materials.
SEC. 365. ADDITIONAL PROTECTIONS FOR ROGUE RIVER TRIBUTARIES.
(a) Withdrawal.--Subject to valid rights, the Federal land within a
quarter-mile on each side of the streams listed in subsection (b) 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 pertaining to mineral and
geothermal leasing or mineral materials.
(b) Stream Segments.--Subsection (a) applies the following
tributaries of the Rogue River:
(1) Kelsey creek.--The approximately 4.5 miles of Kelsey
Creek from its headwaters to the east section line of 32S 9W
sec. 34.
(2) East fork kelsey creek.--The approximately .2 miles of
East Fork Kelsey Creek from its headwaters to the Wild Rogue
Wilderness boundary in 33S 8W sec. 5.
(3) East fork whisky creek.--The approximately .7 miles of
East Fork Whisky Creek from its headwaters to the Wild Rogue
Wilderness boundary in 33S 8W section 11.
(4) Little windy creek.--The approximately 1.2 miles of
Little Windy Creek from its headwaters to west section line of
33S 9W sec. 34.
(5) Mule creek.--The approximately 5.1 miles of Mule Creek
from its headwaters to east section line of 32S 10W sec. 25.
(6) Missouri creek.--The approximately 3.1 miles of
Missouri Creek from its headwaters to the Wild Rogue Wilderness
boundary in 33S 10W sec. 24.
(7) Jenny creek.--The approximately 3.1 miles of Jenny
Creek from its headwaters to the Wild Rogue Wilderness boundary
in 33S 9W sec. 28.
(8) Rum creek.--The approximately 2.2 miles of Rum Creek
from its headwaters to the Wild Rogue Wilderness boundary in
34S 8W sec. 9.
(9) East fork rum creek.--The approximately .5 miles of
East Fork Rum Creek from its headwaters to the Wild Rogue
Wilderness boundary in 34S 8W sec. 10.
(10) Hewitt creek.--The approximately 1.4 miles of Hewitt
Creek from its headwaters to the Wild Rogue Wilderness boundary
in 33S 9W sec. 19.
(11) Quail creek.--The approximately .8 miles of Quail
Creek from its headwaters to the Wild Rogue Wilderness boundary
in 33S 10W sec. 1.
(12) Russian creek.--The approximately .1 miles of Russian
Creek from its headwaters to the Wild Rogue Wilderness boundary
in 33S 8W sec. 20.
(13) Ditch creek.--The approximately .7 miles of Ditch
Creek from its headwaters to the Wild Rogue Wilderness boundary
in 33S 9W sec. 5.
(14) Long gulch.--The approximately 1.4 miles of Long Gulch
from its headwaters to the Wild Rogue Wilderness boundary in
33S 10W sec. 23.
(15) Bailey creek.--The approximately 1.4 miles of Bailey
Creek from its headwaters to west section line of 34S 8W sec.
14.
(16) Quartz creek.--The approximately 3.3 miles of Quartz
Creek from its headwaters to its confluence with the North Fork
Galice Creek.
(17) North fork galice creek.--The approximately 5.7 miles
of the North Fork Galice Creek from its headwaters to its
confluence with Galice Creek.
(18) Grave creek.--The approximately 10.2 mile section of
Grave Creek from the confluence of Wolf Creek downstream to the
confluence with the Rogue River.
(19) Centennial gulch.--The approximately 2.2 miles of
Centennial Gulch from its headwaters to its confluence with the
Rogue River.
CHAPTER 3--ADDITIONAL PROTECTIONS
SEC. 371. LIMITATIONS ON LAND ACQUISITION.
(a) Prohibition on Use of Condemnation.--The Secretary of the
Interior or the Secretary of Agriculture may not acquire by
condemnation any land or interest within the boundaries of the river
segments or wilderness designated by this subtitle.
(b) Landowner Consent Required.--Private or non-Federal public
property shall not be included within the boundaries of the river
segments or wilderness designated by this subtitle unless the owner of
the property has consented in writing to having that property included
in such boundaries.
SEC. 372. OVERFLIGHTS.
(a) In General.--Nothing in this subtitle or the Wilderness Act
shall preclude low-level overflights and operations of military
aircraft, helicopters, missiles, or unmanned aerial vehicles over the
wilderness designated by this subtitle, including military overflights
and operations that can be seen or heard within the wilderness.
(b) Special Use Airspace and Training Routes.--Nothing in this
subtitle or the Wilderness Act shall preclude the designation of new
units of special use airspace, the expansion of existing units of
special use airspace, or the use or establishment of military training
routes over wilderness designated by this subtitle.
SEC. 373. BUFFER ZONES.
Nothing in this subtitle--
(1) establishes or authorizes the establishment of a
protective perimeter or buffer zone around the boundaries of
the river segments or wilderness designated by this subtitle;
or
(2) precludes, limits, or restricts an activity from being
conducted outside such boundaries, including an activity that
can be seen or heard from within such boundaries.
SEC. 374. PREVENTION OF WILDFIRES.
The designation of a river segment or wilderness by this subtitle
or the withdrawal of the Federal land under this subtitle shall not be
construed to interfere with the authority of the Secretary of the
Interior or the Secretary of Agriculture to authorize mechanical
thinning of trees or underbrush to prevent or control the spread of
wildfires, or conditions creating the risk of wildfire that threatens
areas outside the boundary of the wilderness, or the use of mechanized
equipment for wildfire pre-suppression and suppression.
SEC. 375. LIMITATION ON DESIGNATION OF CERTAIN LANDS IN OREGON.
A national monument designation under the Act of June 8, 1906
(commonly known as the Antiquities Act; 16 U.S.C. 431 et seq.) within
or on any portion of the Oregon and California Railroad Grant Lands or
the O&C Region Public Domain lands, regardless of whether management
authority over the lands are transferred to the O&C Trust pursuant to
section 311(c)(1), the lands are excluded from the O&C Trust pursuant
to section 311(c)(2), or the lands are transferred to the Forest
Service under section 321, shall only be made pursuant to Congressional
approval in an Act of Congress.
CHAPTER 4--EFFECTIVE DATE
SEC. 381. EFFECTIVE DATE.
(a) In General.--This subtitle and the amendments made by this
subtitle shall take effect on October 1 of the second fiscal year of
the transition period.
(b) Exception.--If, as a result of judicial review authorized by
section 312, any provision of subtitle A is held to be invalid and
implementation of the provision or any activity conducted under the
provision is enjoined, this subtitle and the amendments made by this
subtitle shall not take effect, or if the effective date specified in
subsection (a) has already occurred, this subtitle shall have no force
and effect and the amendments made by this subtitle are repealed.
Subtitle D--Tribal Trust Lands
PART 1--COUNCIL CREEK LAND CONVEYANCE
SEC. 391. DEFINITIONS.
In this part:
(1) Council creek land.--The term ``Council Creek land''
means the approximately 17,519 acres of land, as generally
depicted on the map entitled ``Canyon Mountain Land
Conveyance'' and dated June 27, 2013.
(2) Tribe.--The term ``Tribe'' means the Cow Creek Band of
Umpqua Tribe of Indians.
SEC. 392. 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 Council Creek land, including any improvements located on
the land, appurtenances to the land, and minerals on or in the 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 one year after the date of enactment of
this Act, the Secretary of the Interior shall complete a survey of the
boundary lines to establish the boundaries of the land taken into trust
under subsection (a).
SEC. 393. MAP AND LEGAL DESCRIPTION.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary of the Interior shall file a map and legal
description of the Council Creek 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 Act, except that the Secretary of the Interior 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 of the Interior.
SEC. 394. ADMINISTRATION.
(a) In General.--Unless expressly provided in this part, nothing in
this part affects any right or claim of the Tribe existing on the date
of enactment of this Act to any land or interest in 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 Council Creek land.
(2) Non-permissible use of land.--Any real property taken
into trust under section 392 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) Forest Management.--Any forest management activity that is
carried out on the Council Creek land shall be managed in accordance
with all applicable Federal laws.
PART 2--OREGON COASTAL LAND CONVEYANCE
SEC. 395. DEFINITIONS.
In this part:
(1) Oregon coastal land.--The term ``Oregon Coastal land''
means the approximately 14,804 acres of land, as generally
depicted on the map entitled ``Oregon Coastal Land Conveyance''
and dated March 5, 2013.
(2) Confederated tribes.--The term ``Confederated Tribes''
means the Confederated Tribes of Coos, Lower Umpqua, and
Siuslaw Indians.
SEC. 396. 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 Oregon Coastal land, including any improvements located on
the land, appurtenances to the land, and minerals on or in the land,
including oil and gas, shall be--
(1) held in trust by the United States for the benefit of
the Confederated Tribes; and
(2) part of the reservation of the Confederated Tribes.
(b) Survey.--Not later than one year after the date of enactment of
this Act, the Secretary of the Interior shall complete a survey of the
boundary lines to establish the boundaries of the land taken into trust
under subsection (a).
SEC. 397. MAP AND LEGAL DESCRIPTION.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary of the Interior shall file a map and legal
description of the Oregon Coastal 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 Act, except that the Secretary of the Interior 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 of the Interior.
SEC. 398. ADMINISTRATION.
(a) In General.--Unless expressly provided in this part, nothing in
this part affects any right or claim of the Consolidated Tribes
existing on the date of enactment of this Act to any land or interest
in 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 Oregon Coastal land.
(2) Non-permissible use of land.--Any real property taken
into trust under section 396 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) Forest Management.--Any forest management activity that is
carried out on the Oregon Coastal land shall be managed in accordance
with all applicable Federal laws.
TITLE IV--COMMUNITY FOREST MANAGEMENT DEMONSTRATION
SEC. 401. PURPOSE AND DEFINITIONS.
(a) Purpose.--The purpose of this title is to generate dependable
economic activity for counties and local governments by establishing a
demonstration program for local, sustainable forest management.
(b) Definitions.--In this title:
(1) Advisory committee.--The term ``Advisory Committee''
means the Advisory Committee appointed by the Governor of a
State for the community forest demonstration area established
for the State.
(2) Community forest demonstration area.--The term
``community forest demonstration area'' means a community
forest demonstration area established for a State under section
402.
(3) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)), except that the term does not include
the National Grasslands and land utilization projects
designated as National Grasslands administered pursuant to the
Act of July 22, 1937 (7 U.S.C. 1010-1012).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture or the designee of the Secretary of Agriculture.
(5) State.--The term ``State'' includes the Commonwealth of
Puerto Rico.
SEC. 402. ESTABLISHMENT OF COMMUNITY FOREST DEMONSTRATION AREAS.
(a) Establishment Required; Time for Establishment.--Subject to
subsection (c) and not later than one year after the date of the
enactment of this Act, the Secretary of Agriculture shall establish a
community forest demonstration area at the request of the Advisory
Committee appointed to manage community forest demonstration area land
in that State.
(b) Covered Land.--
(1) Inclusion of national forest system land.--The
community forest demonstration areas of a State shall consist
of the National Forest System land in the State identified for
inclusion by the Advisory Committee of that State.
(2) Exclusion of certain land.--A community forest
demonstration area shall not include National Forest System
land--
(A) that is a component of the National Wilderness
Preservation System;
(B) on which the removal of vegetation is
specifically prohibited by Federal statute;
(C) National Monuments; or
(D) over which administration jurisdiction was
first assumed by the Forest Service under title III.
(c) Conditions on Establishment.--
(1) Acreage requirement.--A community forest demonstration
area must include at least 200,000 acres of National Forest
System land. If the unit of the National Forest System in which
a community forest demonstration area is being established
contains more than 5,000,000 acres, the community forest
demonstration area may include 900,000 or more acres of
National Forest System land.
(2) Management law or best management practices
requirement.--A community forest demonstration area may be
established in a State only if the State--
(A) has a forest practices law applicable to State
or privately owned forest land in the State; or
(B) has established silvicultural best management
practices or other regulations for forest management
practices related to clean water, soil quality,
wildlife or forest health.
(3) Revenue sharing requirement.--As a condition of the
inclusion in a community forest demonstration area of National
Forest System land located in a particular county in a State,
the county must enter into an agreement with the Governor of
the State that requires that, in utilizing revenues received by
the county under section 406(b), the county shall continue to
meet any obligations under applicable State law as provided
under title I of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7111 et seq.) or as
provided in the sixth paragraph under the heading ``FOREST
SERVICE'' in the Act of May 23, 1908 (16 U.S.C. 500) and
section 13 of the Act of March 1, 1911 (16 U.S.C. 500).
(d) Treatment Under Certain Other Laws.--National Forest System
land included in a community forest demonstration area shall not be
considered Federal land for purposes of--
(1) making payments to counties under the sixth paragraph
under the heading ``FOREST SERVICE'' in the Act of May 23, 1908
(16 U.S.C. 500) and section 13 of the Act of March 1, 1911 (16
U.S.C. 500); or
(2) title I.
(e) Acreage Limitation.--Not more than a total of 4,000,000 acres
of National Forest System land may be established as community forest
demonstration areas.
(f) Recognition of Valid and Existing Rights.--Nothing in this
title shall be construed to limit or restrict--
(1) access to National Forest System land included in a
community forest demonstration area for hunting, fishing, and
other related purposes; or
(2) valid and existing rights regarding such National
Forest System land, including rights of any federally
recognized Indian tribe.
SEC. 403. ADVISORY COMMITTEE.
(a) Appointment.--A community forest demonstration area for a State
shall be managed by an Advisory Committee appointed by the Governor of
the State.
(b) Composition.--The Advisory Committee for a community forest
demonstration area in a State shall include, but is not limited to, the
following members:
(1) One member who holds county or local elected office,
appointed from each county or local governmental unit in the
State containing community forest demonstration area land.
(2) One member who represents the commercial timber, wood
products, or milling industry.
(3) One member who represents persons holding Federal
grazing or other land use permits.
(4) One member who represents recreational users of
National Forest System land.
(c) Terms.--
(1) In general.--Except in the case of certain initial
appointments required by paragraph (2), members of an Advisory
Committee shall serve for a term of three years.
(2) Initial appointments.--In making initial appointments
to an Advisory Committee, the Governor making the appointments
shall stagger terms so that at least one-third of the members
will be replaced every three years.
(d) Compensation.--Members of a Advisory Committee shall serve
without pay, but may be reimbursed from the funds made available for
the management of a community forest demonstration area for the actual
and necessary travel and subsistence expenses incurred by members in
the performance of their duties.
SEC. 404. MANAGEMENT OF COMMUNITY FOREST DEMONSTRATION AREAS.
(a) Assumption of Management.--
(1) Confirmation.--The Advisory Committee appointed for a
community forest demonstration area shall assume all management
authority with regard to the community forest demonstration
area as soon as the Secretary confirms that--
(A) the National Forest System land to be included
in the community forest demonstration area meets the
requirements of subsections (b) and (c) of section 402;
(B) the Advisory Committee has been duly appointed
under section 403 and is able to conduct business; and
(C) provision has been made for essential
management services for the community forest
demonstration area.
(2) Scope and time for confirmation.--The determination of
the Secretary under paragraph (1) is limited to confirming
whether the conditions specified in subparagraphs (A) and (B)
of such paragraph have been satisfied. The Secretary shall make
the determination not later than 60 days after the date of the
appointment of the Advisory Committee.
(3) Effect of failure to confirm.--If the Secretary
determines that either or both conditions specified in
subparagraphs (A) and (B) of paragraph (1) are not satisfied
for confirmation of an Advisory Committee, the Secretary
shall--
(A) promptly notify the Governor of the affected
State and the Advisory Committee of the reasons
preventing confirmation; and
(B) make a new determination under paragraph (2)
within 60 days after receiving a new request from the
Advisory Committee that addresses the reasons that
previously prevented confirmation.
(b) Management Responsibilities.--Upon assumption of management of
a community forest demonstration area, the Advisory Committee for the
community forest demonstration area shall manage the land and resources
of the community forest demonstration area and the occupancy and use
thereof in conformity with this title, and to the extent not in
conflict with this title, the laws and regulations applicable to
management of State or privately-owned forest lands in the State in
which the community forest demonstration area is located.
(c) Applicability of Other Federal Laws.--
(1) In general.--The administration and management of a
community forest demonstration area, including implementing
actions, shall not be considered Federal action and shall be
subject to the following only to the extent that such laws
apply to the State or private administration and management of
forest lands in the State in which the community forest
demonstration area is located:
(A) The Federal Water Pollution Control Act (33
U.S.C. 1251 note).
(B) The Clean Air Act (42 U.S.C. 7401 et seq.).
(C) The Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(D) Federal laws and regulations governing
procurement by Federal agencies.
(E) Except as provided in paragraph (2), other
Federal laws.
(2) Applicability of native american graves protection and
repatriation act.--Notwithstanding the assumption by an
Advisory Committee of management of a community forest
demonstration area, the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.) shall continue to
apply to the National Forest System land included in the
community forest demonstration area.
(d) Consultation.--
(1) With indian tribes.--The Advisory Committee for a
community forest demonstration area shall cooperate and consult
with Indian tribes on management policies and practices for the
community forest demonstration area that may affect the Indian
tribes. The Advisory Committee shall take into consideration
the use of lands within the community forest demonstration area
for religious and cultural uses by Native Americans.
(2) With collaborative groups.--The Advisory Committee for
a community forest demonstration area shall consult with any
applicable forest collaborative group.
(e) Recreation.--Nothing in this section shall affect public use
and recreation within a community forest demonstration area.
(f) Fire Management.--The Secretary shall provide fire
presuppression, suppression, and rehabilitation services on and with
respect to a community forest demonstration area to the same extent
generally authorized in other units of the National Forest System.
(g) Prohibition on Export.--As a condition on the sale of timber or
other forest products from a community forest demonstration area,
unprocessed timber harvested from a community forest demonstration area
may not be exported in accordance with subpart F of part 223 of title
36, Code of Federal Regulations.
SEC. 405. DISTRIBUTION OF FUNDS FROM COMMUNITY FOREST DEMONSTRATION
AREA.
(a) Retention of Funds for Management.--The Advisory Committee
appointed for a community forest demonstration area may retain such
sums as the Advisory Committee considers to be necessary from amounts
generated from that community forest demonstration area to fund the
management, administration, restoration, operation and maintenance,
improvement, repair, and related expenses incurred with respect to the
community forest demonstration area.
(b) Funds to Counties or Local Governmental Units.--Subject to
subsection (a) and section 407, the Advisory Committee for a community
forest demonstration area in a State shall distribute funds generated
from that community forest demonstration area to each county or local
governmental unit in the State in an amount proportional to the funds
received by the county or local governmental unit under title I of the
Secure Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7111 et seq.).
SEC. 406. INITIAL FUNDING AUTHORITY.
(a) Funding Source.--Counties may use such sum as the counties
consider to be necessary from the amounts made available to the
counties under section 501 to provide initial funding for the
management of community forest demonstration areas.
(b) No Restriction on Use of Non-Federal Funds.--Nothing in this
title restricts the Advisory Committee of a community forest
demonstration area from seeking non-Federal loans or other non-Federal
funds for management of the community forest demonstration area.
SEC. 407. PAYMENTS TO UNITED STATES TREASURY.
(a) Payment Requirement.--As soon as practicable after the end of
the fiscal year in which a community forest demonstration area is
established and as soon as practicable after the end of each subsequent
fiscal year, the Advisory Committee for a community forest
demonstration area shall make a payment to the United States Treasury.
(b) Payment Amount.--The payment for a fiscal year under subsection
(a) with respect to a community forest demonstration area shall be
equal to 75 percent of the quotient obtained by dividing--
(1) the number obtained by multiplying the number of acres
of land in the community forest demonstration area by the
average annual receipts generated over the preceding 10-fiscal
year period from the unit or units of the National Forest
System containing that community forest demonstration area; by
(2) the total acres of National Forest System land in that
unit or units of the National Forest System.
SEC. 408. TERMINATION OF COMMUNITY FOREST DEMONSTRATION AREA.
(a) Termination Authority.--Subject to approval by the Governor of
the State, the Advisory Committee for a community forest demonstration
area may terminate the community forest demonstration area by a
unanimous vote.
(b) Effect of Termination.--Upon termination of a community forest
demonstration area, the Secretary shall immediately resume management
of the National Forest System land that had been included in the
community forest demonstration area, and the Advisory Committee shall
be dissolved.
(c) Treatment of Undistributed Funds.--Any revenues from the
terminated area that remain undistributed under section 405 more than
30 days after the date of termination shall be deposited in the general
fund of the Treasury for use by the Forest Service in such amounts as
may be provided in advance in appropriation Acts.
TITLE V--REAUTHORIZATION AND AMENDMENT OF EXISTING AUTHORITIES AND
OTHER MATTERS
SEC. 501. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
DETERMINATION ACT OF 2000 PENDING FULL OPERATION OF
FOREST RESERVE REVENUE AREAS.
(a) Beneficiary Counties.--During the month of February 2015, the
Secretary of Agriculture shall distribute to each beneficiary county
(as defined in section 102(2)) a payment equal to the amount
distributed to the beneficiary county for fiscal year 2010 under
section 102(c)(1) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7112(c)(1)).
(b) Counties That Were Eligible for Direct County Payments.--
(1) Total amount available for payments.--During the month
of February 2015, the Secretary of the Interior shall
distribute to all counties that received a payment for fiscal
year 2010 under subsection (a)(2) of section 102 of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7112) payments in a total amount equal to the difference
between--
(A) the total amount distributed to all such
counties for fiscal year 2010 under subsection (c)(1)
of such section; and
(B) $27,000,000.
(2) County share.--From the total amount determined under
paragraph (1), each county described in such paragraph shall
receive, during the month of February 2015, an amount that
bears the same proportion to the total amount made available
under such paragraph as that county's payment for fiscal year
2010 under subsection (c)(1) of section 102 of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16 U.S.C.
7112) bears to the total amount distributed to all such
counties for fiscal year 2010 under such subsection.
(c) Effect on 25-percent and 50-percent Payments.--A county that
receives a payment made under subsection (a) or (b) may not receive a
25-percent payment or 50-percent payment (as those terms are defined in
section 3 of the Secure Rural Schools and Community Self-Determination
Act of 2000 (16 U.S.C. 7102)) for fiscal year 2015.
SEC. 502. RESTORING ORIGINAL CALCULATION METHOD FOR 25-PERCENT
PAYMENTS.
(a) Amendment of Act of May 23, 1908.--The sixth paragraph under
the heading ``FOREST SERVICE'' in the Act of May 23, 1908 (16 U.S.C.
500) is amended in the first sentence--
(1) by striking ``the annual average of 25 percent of all
amounts received for the applicable fiscal year and each of the
preceding 6 fiscal years'' and inserting ``25 percent of all
amounts received for the applicable fiscal year'';
(2) by striking ``said reserve'' both places it appears and
inserting ``the national forest''; and
(3) by striking ``forest reserve'' both places it appears
and inserting ``national forest''.
(b) Conforming Amendment to Weeks Law.--Section 13 of the Act of
March 1, 1911 (commonly known as the Weeks Law; 16 U.S.C. 500) is
amended in the first sentence by striking ``the annual average of 25
percent of all amounts received for the applicable fiscal year and each
of the preceding 6 fiscal years'' and inserting ``25 percent of all
amounts received for the applicable fiscal year''.
SEC. 503. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT GOOD-NEIGHBOR
COOPERATION WITH STATES TO REDUCE WILDFIRE RISKS.
(a) Definitions.--In this section:
(1) Eligible state.--The term ``eligible State'' means a
State that contains National Forest System land or land under
the jurisdiction of the Bureau of Land Management.
(2) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, with respect to
National Forest System land; or
(B) the Secretary of the Interior, with respect to
land under the jurisdiction of the Bureau of Land
Management.
(3) State forester.--The term ``State forester'' means the
head of a State agency with jurisdiction over State forestry
programs in an eligible State.
(b) Cooperative Agreements and Contracts Authorized.--The Secretary
may enter into a cooperative agreement or contract (including a sole
source contract) with a State forester to authorize the State forester
to provide the forest, rangeland, and watershed restoration,
management, and protection services described in subsection (c) on
National Forest System land or land under the jurisdiction of the
Bureau of Land Management, as applicable, in the eligible State.
(c) Authorized Services.--The forest, rangeland, and watershed
restoration, management, and protection services referred to in
subsection (b) include the conduct of--
(1) activities to treat insect infected forests;
(2) activities to reduce hazardous fuels;
(3) activities involving commercial harvesting or other
mechanical vegetative treatments; or
(4) any other activities to restore or improve forest,
rangeland, and watershed health, including fish and wildlife
habitat.
(d) State as Agent.--Except as provided in subsection (g), a
cooperative agreement or contract entered into under subsection (b) may
authorize the State forester to serve as the agent for the Secretary in
providing the restoration, management, and protection services
authorized under subsection (b).
(e) Subcontracts.--In accordance with applicable contract
procedures for the eligible State, a State forester may enter into
subcontracts to provide the restoration, management, and protection
services authorized under a cooperative agreement or contract entered
into under subsection (b).
(f) Timber Sales.--Subsections (d) and (g) of section 14 of the
National Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply
to services performed under a cooperative agreement or contract entered
into under subsection (b).
(g) Retention of NEPA Responsibilities.--Any decision required to
be made under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) with respect to any restoration, management, or
protection services to be provided under this section by a State
forester on National Forest System land or Bureau of Land Management
land, as applicable, shall not be delegated to a State forester or any
other officer or employee of the eligible State.
(h) Applicable Law.--The restoration, management, and protection
services to be provided under this section shall be carried out on a
project-to-project basis under existing authorities of the Forest
Service or Bureau of Land Management, as applicable.
SEC. 504. STEWARDSHIP END RESULT CONTRACTING PROJECT AUTHORITY.
(a) Extension of Authority.--Effective October 1, 2014, section
347(a) of the Department of the Interior and Related Agencies
Appropriations Act, 1999 (as contained in section 101(e) of division A
of Public Law 105-277; 16 U.S.C. 2104 note) is amended by striking
``2013'' and inserting ``2017''.
(b) Duration of Contracts.--Section 347(c)(2) of the Department of
the Interior and Related Agencies Appropriations Act, 1999 (as
contained in section 101(e) of division A of Public Law 105-277; 16
U.S.C. 2104 note) is amended by striking ``10 years'' and inserting
``20 years''.
(c) Cancellation Ceiling.--Section 347(c) of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (as contained in
section 101(e) of division A of Public Law 105-277; 16 U.S.C. 2104
note) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(6) and (7), respectively; and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Cancellation ceiling.--
``(A) Authority.--The Chief of the Forest Service
and the Director of the Bureau of Land Management may
obligate funds to cover any potential cancellation or
termination costs for an agreement or contract under
subsection (a) in stages that are economically or
programmatically viable.
``(B) Notice to congress.--Not later than 30 days
before entering into a multiyear agreement or contract
under subsection (a) that includes a cancellation
ceiling in excess of $25,000,000, but does not include
proposed funding for the costs of cancelling the
agreement or contract up to the cancellation ceiling
established in the agreement or contract, the Chief or
the Director, as the case may be, shall submit to the
Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives a written notice that includes--
``(i) the cancellation ceiling amounts
proposed for each program year in the agreement
or contract and the reasons for such
cancellation ceiling amounts;
``(ii) the extent to which the costs of
contract cancellation are not included in the
budget for the agreement or contract; and
``(iii) an assessment of the financial risk
of not including budgeting for the costs of
agreement or contract cancellation.
``(C) Notice to omb.--At least 14 days before the
date on which the Chief or Director enters into an
agreement or contract under subsection (a), the Chief
or Director shall transmit to the Director of the
Office of Management and Budget a copy of any written
notice submitted under subparagraph (B) with regard to
such agreement or contract.''.
(d) Fire Liability.--Section 347(c) of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (as contained in
section 101(e) of division A of Public Law 105-277; 16 U.S.C. 2104
note) is amended by inserting after paragraph (4), as added by
subsection (c) of this section, the following new paragraph:
``(5) Fire liability provisions.--Not later than 90 days
after the date of enactment of this paragraph, the Chief of the
Forest Service and the Director of the Bureau of Land
Management shall issue, for use in all contracts and agreements
under subsection (a), fire liability provisions that are in
substantially the same form as the fire liability provisions
contained in--
``(A) integrated resource timber contracts, as
described in the Forest Service contract numbered 2400-
13, part H, section H.4; and
``(B) timber sale contracts conducted pursuant to
section 14 of the National Forest Management Act of
1976 (16 U.S.C. 472a).''.
SEC. 505. CLARIFICATION OF NATIONAL FOREST MANAGEMENT ACT OF 1976
AUTHORITY.
Section 14(g) of the National Forest Management Act of 1976 (16
U.S.C. 472a(g)) is amended by striking ``Designation, marking when
necessary,'' and inserting ``Designation, including marking when
necessary, or designation by description or by prescription,''.
SEC. 506. TREATMENT AS SUPPLEMENTAL FUNDING.
None of the funds made available to a beneficiary county (as
defined in section 102(2)) or other political subdivision of a State
under this Act shall be used in lieu of or to otherwise offset State
funding sources for local schools, facilities, or educational purposes.
SEC. 507. EXCEPTION OF CERTAIN FOREST PROJECTS AND ACTIVITIES FROM
APPEALS REFORM ACT AND OTHER REVIEW.
Section 322 of the Department of the Interior and Related Agencies
Appropriations Act, 1993 (Public Law 102-381; 16 U.S.C. 1612 note) and
section 428 of Division E of the Consolidated Appropriations Act, 2012
(Public Law 112-74; 125 Stat. 1046; 16 U.S.C. 6515 note) shall not
apply to any project or activity implementing a land and resource
management plan developed under section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604) that is
categorically excluded from documentation in an environmental
assessment or an environmental impact statement under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 508. DEFINITION OF FIRE SUPPRESSION TO INCLUDE CERTAIN RELATED
ACTIVITIES.
For purposes of utilizing amounts made available to the Secretary
of Agriculture or the Secretary of the Interior for fire suppression
activities, including funds made available from the FLAME Fund, the
term ``fire suppression'' includes reforestation, site rehabilitation,
salvage operations, and replanting occurring following fire damage on
lands under the jurisdiction of the Secretary concerned or following
fire suppression efforts on such lands by the Secretary concerned.
SEC. 509. PROHIBITION ON CERTAIN ACTIONS REGARDING FOREST SERVICE ROADS
AND TRAILS.
The Forest Service shall not remove or otherwise eliminate or
obliterate any legally created road or trail unless there has been a
specific decision, which included adequate and appropriate public
involvement, to decommission the specific road or trail in question.
The fact that any road or trail is a not a Forest System road or trail,
or does not appear on a Motor Vehicle Use Map, shall not constitute a
decision.
Passed the House of Representatives September 20, 2013.
Attest:
KAREN L. HAAS,
Clerk.