H. Rept. 113-213 - 113th Congress (2013-2014)
September 17, 2013, As Reported by the Natural Resources Committee

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House Report 113-213 - RESTORING HEALTHY FORESTS FOR HEALTHY COMMUNITIES ACT




[House Report 113-213]
[From the U.S. Government Printing Office]


113th Congress                                            Rept. 113-213
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
         RESTORING HEALTHY FORESTS FOR HEALTHY COMMUNITIES ACT

                                _______
                                

               September 17, 2013.--Ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 1526]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1526) 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, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

     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.

     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.

    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 
shall not 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 unless 
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).
                  (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.

     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.

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.

     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 
        60 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 title--
          (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 ``Council Creek 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 180 days 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 commercial forestry 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 180 days 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 commercial forestry 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 law;
                  (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.
          (2) Management law requirement.--A community forest 
        demonstration area may be established in a State only if the 
        State has a forest practices law applicable to State or 
        privately owned forest land in the State.
          (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 2,000,000 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 223.48 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.--No later than February 2014, 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.--No later 
than February 2014, the Secretary of the Interior shall distribute to 
each county that received a payment for fiscal year 2010 under section 
102(a)(2) of the Secure Rural Schools and Community Self-Determination 
Act of 2000 (16 U.S.C. 7112(a)(2)) a payment equal to the amount 
distributed to the 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)).

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.--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.).

                          Purpose of the Bill

    The purpose of H.R. 1526 is 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, and to provide a temporary 
extension of the Secure Rural Schools and Community Self-
Determination Act of 2000.

                  Background and Need for Legislation

    Under federal law passed in 1908, the U.S. Forest Service 
has historically shared 25 percent of all timber revenues with 
rural counties containing National Forest land to compensate 
them for large amounts of federal land that cannot be locally 
taxed. Since that time, these ``25% payments'' have provided 
counties with much-needed funding for essential services such 
as education and infrastructure. However, by the late 1990s, 
timber harvests dramatically declined due to federal 
overregulation and harmful lawsuits, prompting Congress in 2000 
to pass the Secure Rural Schools and Community Self-
Determination Act (SRS).
    SRS was created to provide ``transition payments'' over a 
six-year period while Congress worked to increase timber 
production. It has since been extended several times through 
2012. The most recent authorization expired on September 30, 
2012, with the last payments distributed in January of 2013. In 
the absence of SRS, county payments will revert to 25 percent 
of current timber receipts--approximately $60 million, an 80 
percent decrease from the Fiscal Year 2012 SRS payment of $320 
million.
    More urgently, decades of failed policy with respect to 
active forest management have created unhealthy and overstocked 
forest conditions, placing an estimated 73 million acres of 
National Forest land at risk to severe wildfire. The sad 
reality is that our federal forests were established for timber 
production but in recent decades have become so mismanaged and 
tied up by lawsuits that wildfires ravage far, far more trees 
and acres of forest than are ever responsibly harvested. The 
2013 fire season has already had hundreds of fires burn over 
three million acres, while all but one of the last ten fire 
seasons have seen over five million acres burned--more than 25 
times the number of acres the Forest Service harvests each 
year.
    Forests today are in many cases several times more dense 
than at the turn of the 20th century--for example, ponderosa 
pine forests throughout the Rocky Mountain West that used to 
contain 25 trees per acre may now have over 1,000. Failure to 
thin these forests has resulted in millions of acres of 
smaller, weaker trees that are prone to disease, insect 
infestation, and drought as evidenced by the current bark 
beetle epidemic that has infested over 40 million acres of 
National Forest land since 1996.
    Despite the fact that National Forests are currently adding 
volume at a net rate of 33 percent annually, timber harvests 
have declined over 80 percent over the last 30 years. Current 
harvest levels only remove 10 percent of annual growth, and 16 
percent of annual mortality. Total standing timber volume 
across the National Forest System is currently 1.4 trillion 
board feet--700 times current harvest levels.
    Currently, the Forest Service, an agency that once managed 
millions of acres and averaged over one billion dollars in 
revenues annually, now spends $2 for every $1 it produces and 
spends half of its appropriated budget on wildfire suppression.
    A significant factor in declining federal forest health is 
a lack of long-term and affordable timber harvest access caused 
by litigation. This is, in large part, due to preservationist 
organizations using federal statutes like the Endangered 
Species Act (ESA) and the National Environmental Policy Act 
(NEPA) as tools to litigate timber harvesting. Litigation and 
fear of litigation directly impacts how the Forest Service 
handles timber operations. The Center for Biological Diversity 
is a prime example of an environmental group that has used 
litigation and threats to stop forest management. In 2009, CBD 
Executive Director Kieran Suckling stated:

          When we stop the same timber sale three or four times 
        running, the timber planners want to tear their hair 
        out. They feel like their careers are being mocked and 
        destroyed--and they are. So they become much more 
        willing to play by our rules and at least get something 
        done. Psychological warfare is a very underappreciated 
        aspect of environmental campaigning.

    Beginning in the early 1990s, administrative appeals and 
litigation slowed Forest Service decision-making, increased 
timber program unit costs and reduced contract outputs 
(smaller, less economically viable contracts). Activist groups 
have become extremely adept at using the administrative process 
provided by NEPA and other laws to object to projects on both 
procedural and substantive grounds. For example, the Western 
Watersheds Project has been active in objecting to Forest 
Service NEPA documents on the basis that the agency failed to 
adequately study how projects impact sensitive species. 
National Forests in Montana this year alone have already 
received 17 appeals that have stopped treatment on over 15,000 
acres. During an oversight hearing this year in the 
Subcommittee on Public Lands and Environmental Regulation, a 
witness from the Obama Administration admitted that litigation 
in the northern Rockies has ``virtually shut things down on the 
national forests.'' The sad result of these lawsuits are 
forests that go unmanaged, and valuable timber that could 
support American jobs left to burn in wildfires, which kills 
species and destroys the forest environment, at times burning 
so hot that lands are sterilized.
    The lack of access to adequate timber resources has been 
devastating to local communities that once relied on federal 
forests, both economically and socially, as well as with regard 
to the impacts from increased risk of catastrophic wildfire. 
Although there are other factors in western timber industry 
declines, the main driving factor has been lack of access to 
federal forests.
    The Restoring Healthy Forests for Healthy Communities Act 
is a common sense package of solutions that represent an action 
plan for reversing the above described status quo and restore 
healthy forest management and timber production to both replace 
the need for continued SRS payments and reduce the risk of 
wildfire. The Committee has held legislative hearings on each 
of the proposals included in this package.

Major Provisions of H.R. 1526

    TITLE I--RESTORING OUR COMMITMENT TO RURAL COUNTIES AND SCHOOLS

    This title would enact the long-term solution that Congress 
had intended to achieve during the period of SRS payments by 
creating a dependable source of revenue through an increase in 
sustainable timber harvests. Title I would establish Forest 
Reserve Revenues Areas consisting of no less than 50 percent 
``commercial'' timber lands capable of producing 20 cubic feet 
of timber per year (approximately 49 million acres across the 
National Forest System) and would require the Forest Service to 
produce an annual timber harvest requirement of no less than 
half the sustained yield of the Forest Reserve Revenue Area. In 
short, it provides that at least half of the timber that can be 
responsibly and sustainably harvested will be each year.

Environmental compliance

    NEPA Compliance--The Forest Service must complete an 
environmental assessment (EA) for any forest management 
project, providing that it is only required to study the action 
alternative, must complete the EA within 6 months, and cannot 
exceed 100 pages in length. The title also provides a 
categorical exclusion for projects in response to a 
catastrophic event (fire, weather, insect or disease outbreak), 
projects that implement a community wildfire protection plan, 
and projects of less than 10,000 acres.
    ESA Compliance--The title authorizes the Forest Service to 
conduct a ``non-jeopardy assessment'' to justify why a proposed 
project will not jeopardize a listed species. The Forest 
Service will to enter into required consultation if it 
determines that the project will jeopardize a listed species.
    Administrative Review--The title subjects the program to 
the administrative review process provided under the Healthy 
Forests Restoration Act of 2003.
    Judicial Review--The title subjects the program to the 
judicial review process provided under the Healthy Forests 
Restoration Act of 2003, except that plaintiffs are required to 
post a bond to cover the cost of litigation.
    The expedited administrative and judicial review provisions 
of the Healthy Forests Restoration Act of 2003 require that 
those eligible for administrative review had to have submitted 
written comments on the project. A complainant can then seek 
judicial review only after exhausting administrative review and 
only on the issue raised during administrative review. Judicial 
review can only be brought in the United States district court 
for the district in which the project is located and places a 
60-day limit on any injunction that may be imposed until the 
court completes its review (the court may renew an injunction).

Timber revenues

    Revenues from management are treated as they would be under 
current law for distribution among Forest Service trust fund 
accounts and the 25% payment fund. Funding for counties would 
essentially be converted back to the historical program, except 
that revenues would be increased by requiring greater timber 
harvest.

     TITLE II--HEALTHY FOREST MANAGEMENT AND CATASTROPHIC WILDFIRE 
                               PREVENTION

    This title focuses specifically on hazardous fuels 
reduction to reduce the risk of wildfire and improve forest 
health. It directs the Secretary of Agriculture to implement 
hazardous fuels reduction and forest health projects on at-risk 
lands (defined by the legislation) as well as high-risk areas 
designated by the Governor of a State. The title also allows a 
state to propose hazardous fuel reduction or forest health 
projects to the Forest Service or Bureau of Land Management for 
implementation.

     TITLE III--OREGON AND CALIFORNIA RAILROAD GRANT LANDS TRUST, 
                         CONSERVATION, AND JOBS

    The O&C Lands were originally granted from the public 
domain by the federal government to the Oregon and California 
Railroad Company to encourage development in Western Oregon. 
Those lands were revested back to the federal government in 
1916. Later, the O&C Act of 1937 set aside approximately 2.4 
million acres of forest land in 18 counties to be managed for 
sustainable timber harvests, and required 75 percent of 
receipts from those lands to be paid to the O&C counties. A 
later appropriations rider allowed for 25 percent of the 
receipts to be retained for management of the lands, bringing 
the counties' cost share down to 50 percent. The lands have 
since been managed by the Bureau of Land Management (BLM).
    Timber harvests by the BLM have declined significantly 
since the listing of the Northern Spotted Owl that has 
similarly impacted lands managed by the Forest Service 
throughout the Pacific Northwest. Two decades of gridlock have 
prompted the O&C counties to develop the approach that would be 
implemented under this title that would allow for approximately 
1.5 million acres of O&C Lands to be managed by the O&C 
counties as a financial ``trust'' with the resulting revenues 
distributed among the counties. The remaining O&C Lands would 
be transferred to the Forest Service to be managed with the 
agency's other lands in Western Oregon.
    The Committee understands that this title would effectively 
negate the need for continued operation of the BLM in Western 
Oregon and therefore might impact employees in the region. The 
Committee expects the BLM, Forest Service, and O&C Trust to 
work accordingly to offer preference for these employees in job 
opportunities that will be created as a result of this 
legislation.

Subtitle A

    This subtitle establishes a Board of Trustees as the 
governing body for management of the O&C Lands and provides for 
the transfer of management responsibility for approximately 1.5 
million acres of O&C Lands to the Board of Trustees for 
management. The lands would then be managed under state and 
federal laws as they would apply to private forest lands, with 
the revenues being retained and distributed to counties by the 
Board of Trustees.
    Remaining O&C Lands would be transferred to the Forest 
Service to be managed in accordance with the Northwest Forest 
Plan that currently applies to other Forest Service lands 
within the habitat of the Northern Spotted Owl. The draft bill 
also requires the appointment of a scientific review panel to 
determine a definition for old growth forests that shall then 
be applied as yet another management restriction on the lands 
being managed by the Forest Service.

Subtitle B

    This subtitle provides a similar management model for 
another set of revested railroad grant lands known as the Coos 
Bay Wagon Road lands that were reconveyed to the federal 
government in 1919. These lands would be managed by Coos 
County, Oregon, in accordance with the same principles applied 
to the Board of Trustees under subtitle A.

Subtitle C

    This subtitle designates 88,620 acres of wilderness through 
the creation of the Devil's Staircase Wilderness (30,520 acres) 
and by adding to the existing Wild Rogue Wilderness Area 
(58,100 acres). In addition to designating 150 miles of streams 
under the Wild and Scenic Rivers Act, the bill would withdraw a 
quarter mile on each side of 47 miles of Rogue River 
tributaries from entry, appropriation, or disposal under the 
public land laws; location entry, and patent under the mining 
laws; and mineral and geothermal leasing. The quarter mile 
withdrawal on each side of these tributaries would cover 
approximately 15,000 additional acres of federal land.

Subtitle D

    This subtitle conveys approximately 30,000 acres of BLM 
public domain lands to certain tribes in western Oregon to 
allow for forest management by the Cow Creek Band of the Umpqua 
Tribe and the Confederated Tribes of Coos, Lower Umpqua, and 
Siuslaw.

                TITLE IV--COMMUNITY FOREST DEMONSTRATION

    This title directs the Secretary of Agriculture to convey 
management authority over National Forest land as a ``Community 
Forest Demonstration Area'' to an Advisory Committee appointed 
by the Governor of a State. Management of the Community Forest 
Demonstration Area would be subject to state forest practices 
law and other federal laws only as they would apply to other 
state or privately-owned forest land. Overall, this title 
provides other counties the opportunity to manage a portion of 
National Forest land under the same model as the O&C Counties, 
and an alternative to Forest Service management under Title I.
    The overall acreage that can be enrolled as Community 
Forest Demonstration Areas is set at two million acres 
nationwide but does not specify how many areas can be 
established. Also, a state must have a forest practices law 
that applies to state or private forest land to be eligible for 
designation as a Community Forest Demonstration Area.

  TITLE V--REAUTHORIZATION AND AMENDMENT OF EXISTING AUTHORITIES AND 
                             OTHER MATTERS

    This title provides for a short-term extension of SRS 
payments to provide funding to counties as the Forest Service 
(or counties under titles III and IV) transitions back to 
active management. Also, as part of the last long-term 
extension of SRS in 2008, language was included to amend the 
original 1908 law that required sharing 25 percent of timber 
revenues with counties to make the payment based on a 7-year 
rolling average of revenues, instead of simply the prior year's 
receipts. This was done to reduce the variability in payment 
levels once SRS expired and counties were back to getting 25 
percent payments. However, since title I of the bill seeks to 
return to 25 percent payments--with a significant increase in 
timber harvests--the counties would not see any benefit from 
increased revenues for seven years. This title repeals that 
amendment to again make payments based on the prior fiscal 
year's revenue level. Counties have specifically requested this 
change.
    This title also extends and expands two popular forest 
management authorities currently in use by the Forest Service 
and Bureau of Land Management--Good Neighbor and Stewardship 
Contracting--both of which expire in fiscal year 2013. Also, 
Good Neighbor authority currently applies only in Utah and 
Colorado. It allows the Forest Service and BLM to contract with 
a state forestry agency to conduct projects on federal lands. 
This title would expand this authority to all states.
    Stewardship contracting authority allows the Forest Service 
and BLM to trade ``goods for services''--i.e., trade timber in 
exchange for restoration work by a contractor. The authority 
expires in 2013. H.R. 1526 extends stewardship contract 
authority for the Forest Service and BLM through 2017 and also 
allows for contracts up to 20 years in length. The current 
authorization only allows for 10-year contract terms.
    The Committee also understands that there is an outstanding 
issue regarding the implementation of stewardship contracts 
versus timber sales, and directs the Chief of the Forest 
Service to review and undertake draft rulemaking that would 
establish parity between the Small Business Administration 
(SBA) set-aside program for timber sales and the Stewardship 
Contracting Authority that is re-authorized in this bill for 
five years. The Chief of the Forest Service is also directed to 
review and address other issues, including the Structural 
Change Recomputations within the current SBA timber sale set-
aside regulations, and ensure that the appraisal of any SBA 
set-aside timber sale or stewardship contract is to a SBA-
qualified forest products manufacturing facility when 
advertised as a set-aside offering.

                            Committee Action

    H.R. 1526 was introduced on April 12, 2013, by Congressman 
Doc Hastings (R-WA). The bill was referred to the Committee on 
Agriculture, and additionally to the Committee on Natural 
Resources. Within that Committee, the bill was referred to the 
Subcommittee on Public Lands and Environmental Regulation. On 
April 11, 2013, the Subcommittee held a hearing on a draft 
version of the bill. On July 31, 2013, the full Natural 
Resources Committee met to consider H.R. 1526. The Subcommittee 
on Public Lands and Environmental Regulation was discharged by 
unanimous consent. Congressman Hastings offered an amendment in 
the nature of a substitute (ANS) to the bill. Congressman Rob 
Bishop (R-UT) offered an amendment designated #1 to the ANS; 
the amendment was adopted by voice vote. Congressman Paul Gosar 
(R-AZ) offered an amendment designated .038 to the ANS; the 
amendment was adopted by voice vote. Congressman Steve 
Southerland (R-FL) offered an amendment designated .012 to the 
ANS; the amendment was adopted by voice vote. Congressman Steve 
Daines (R-MT) offered an amendment designated #2 to the ANS; 
the amendment was adopted by voice vote. Congressman Daines 
offered an amendment designated .010 to the ANS; the amendment 
was adopted by a bipartisan roll call vote of 24 to 14, as 
follows:
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>

    Congresswoman Grace Napolitano (D-CA) offered an amendment 
designated _AM4 to the ANS; the amendment was not adopted by a 
bipartisan roll call vote of 14 to 24, as follows:
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>

    Congressman Raul Grijalva (D-AZ) offered an amendment 
designated _055 to the ANS; the amendment was not adopted by a 
roll call vote of 15 to 23, as follows:
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>

    Congressman Jared Huffman (D-CA) offered an amendment 
designated _019 to the ANS; the amendment was not adopted by a 
roll call vote of 15 to 23, as follows:
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>

    The amendment in the nature of a substitute offered by 
Congressman Hastings, as amended, was then adopted by voice 
vote. No further amendments were offered, and the bill, as 
amended, was then adopted and ordered favorably reported to the 
House of Representatives by voice vote.

                      Section-by-Section Analysis


    TITLE I--RESTORING THE COMMITMENT TO RURAL COUNTIES AND SCHOOLS

Section 101. Purposes

Section 102. Definitions

Section 103. Establishment of Forest Reserve Revenue Areas and annual 
        volume requirements

    This section establishes Forest Reserve Revenue Areas 
consisting of no less than half all ``commercial'' timber lands 
capable of producing 20 cubic feet of timber per year. It is 
estimated that these areas would cover approximately 49 million 
acres, or only a quarter of the entire National Forest System. 
The section also requires the Forest Service to produce an 
annual volume requirement of no less than half the sustained 
yield of the Forest Reserve Revenue Area.

Section 104. Management of Forest Reserve Revenue areas

    The Forest Service must complete an environmental 
assessment (EA) for any forest management project, but is only 
required to study the action alternative and must complete the 
EA within 6 months and the document cannot exceed 100 pages in 
length. The section provides a categorical exclusion from the 
National Environmental Policy Act for projects in response to a 
catastrophic event (fire, weather, insect or disease outbreak), 
projects that implement a community wildfire protection plan, 
and projects less than 10,000 acres.
    This section authorizes the Forest Service to conduct a 
``non-jeopardy assessment'' to determine whether a project will 
jeopardize a listed species. The Forest Service is only 
required to enter into consultation if it determines that the 
project will jeopardize a listed species.

Section 105. Distribution of Forest Reserve Revenues

    This section requires that revenues from management are 
treated as they would be under current law for distribution 
among Forest Service trust fund accounts and the 25% fund.

     TITLE II--HEALTHY FOREST MANAGEMENT AND CATASTROPHIC WILDFIRE 
                               PREVENTION

Section 201. Purposes

Section 202. Definitions

Section 203. Hazardous fuel reduction projects and forest health 
        projects in at-risk forests

    This section authorizes the Secretary of Agriculture or the 
Secretary of the Interior to conduct hazardous fuels or forest 
health projects in at-risk forests. Projects can include 
livestock grazing or timber harvest activities to reduce fuels 
and improve forest health.

Section 204. Environmental analysis

    This section applies the environmental analysis, as well as 
the administrative and judicial review procedures established 
under section 104, to hazardous fuel reduction and forest 
health projects implemented under this title.

Section 205. State designation of high-risk areas of national forest 
        system and public lands

    This section authorizes the Governor of a State to 
designate high-risk areas on federal lands that the Governor 
believes present the risk of devastating wildfires or insect 
and disease outbreaks.

Section 206. Use of hazardous fuels reduction or forest health projects 
        for high-risk areas

    This section authorizes the Governor of a State to submit 
hazardous fuels reduction and forest health projects within a 
high-risk area for implementation by the Secretaries of 
Agriculture or the Interior. The Secretaries are instructed 
under section 203 to give priority to projects submitted by a 
state. An amendment adopted during markup of this legislation 
added projects submitted under the Tribal Forest Protection Act 
to those given priority for implementation.

     TITLE III--OREGON AND CALIFORNIA RAILROAD GRANT LANDS TRUST, 
                         CONSERVATION, AND JOBS

Section 301. Short title

    This section designates the short title of Title III as the 
O&C Trust, Conservation, and Jobs Act.

Section 302. Definitions

               SUBTITLE A--TRUST, CONSERVATION, AND JOBS

               CHAPTER 1--CREATION AND TERMS OF O&C TRUST

Section 311. Creation of O&C Trust and designation of O&C Trust lands

    This section designates approximately 1.6 million acres of 
Oregon and California Grant lands, currently managed by the 
Bureau of Land Management, as the O&C Trust. The remaining 
acres--approximately 1.1 million acres--would be conveyed to 
the U.S. Forest Service.

Section 312. Legal effect of O&C Trust and Judicial review

    This section clarifies that the United States retains all 
rights, title, and interest to the lands designated as the O&C 
Trust, except that the Board of Trustees has management 
authority over the surface estate. Judicial review of this 
title can only be sought in the U.S. Court of Appeals for the 
District of Columbia Circuit, and any suit must be filed within 
60 days after the date of enactment of this Act.

Section 313. Board of Trustees

    This section describes the composition and protocols of the 
Board of Trustees for the O&C Trust.

Section 314. Management of O&C Trust lands

    This section describes how the O&C lands are to be managed, 
including timber sales plans, stand rotation, competitive 
bidding, sale terms, riparian area management, and fire 
protection. O&C Trust lands are managed in compliance with all 
applicable federal and state laws in the same way they apply to 
private forest lands in Oregon.

Section 315. Distribution of Revenues from O&C Trust lands

    This section specifies that revenues produced by the Board 
of Trustees from the O&C Trust shall be distributed to the O&C 
counties in proportion to the O&C lands that each county 
contains. This is consistent with how payments from the federal 
government under the O&C Act of 1937 and SRS are determined for 
O&C counties.

Section 316. Land Exchange Authority

    This section authorizes the Board of Trustees to negotiate 
land exchanges to consolidate lands within the O&C Trust. All 
land exchanges are subject to approval by the Secretary of 
Agriculture or the Secretary of the Interior, as applicable.

Section 317. Payments to the United States Treasury

    This section requires the O&C Trust to make payments to the 
federal government in lieu of receipts that otherwise would 
come from continued management by the BLM and paid to the O&C 
counties from the Treasury.

         CHAPTER 2--TRANSFER OF CERTAIN LANDS TO FOREST SERVICE

Section 321. Transfer of certain Oregon and California Railroad Grant 
        Lands to Forest Service

    This section transfers the O&C Railroad Grant lands that 
are not included in the O&C Trust to the U.S. Forest Service.

Section 322. Management of transferred lands by Forest Service

    This section requires that lands transferred to the Forest 
Service continue to be managed under the Northwest Forest Plan.

Section 323. Management efficiencies and expedited land exchanges

    This section authorizes the Secretary of Agriculture to 
approve land exchanges that improve management of the lands 
transferred to the Forest Service under this title.

Section 324. Review panel and old growth protection

    This section requires the Secretary of Agriculture to 
appoint a review panel responsible for defining old growth 
within the area encompassed by the Oregon and California 
Railroad Grant lands.

Section 325. Uniqueness of old growth protection on Oregon and 
        California Railroad Grant Lands

    This section clarifies that all references to ``old 
growth'' are intended to resolve unique management issues on 
the formerly Oregon and California Railroad Grant lands only.

                         CHAPTER 3--TRANSITION

Section 331. Transition period and operations

    This section establishes a three-year transition period to 
facilitate the activities of the Board of Trustees, the Forest 
Service, and the BLM.

Section 332. O&C Trust Management Capitalization

    This section authorizes the Board of Trustees to borrow 
from any available non-federal sources to provide for the 
initial management costs of the O&C Trust. It also authorizes 
the O&C counties to loan funds to the O&C Trust.

Section 333. Existing Bureau of Land Management and Forest Service 
        contracts

    This section requires that any work or timber contracts 
sold or awarded by the BLM and Forest Service before the 
transfer of lands to remain binding and effective.

Section 334. Protection of valid existing rights and access to non-
        federal land

    This section upholds all valid and existing rights on the 
Oregon and California Railroad Grant lands, including, but not 
limited to: permits, patents, rights of access, right-of-ways, 
tail holds, and easement obligations. The section also provides 
judicial review for decisions from the Board of Trustees that 
might impact access for private landowners.

Section 335. Repeal of superseded law relating to Oregon and California 
        Railroad Grant Lands

    This section repeals the O&C Act of 1937 unless any 
provision of this title is ruled legally invalid, in which the 
O&C Act of 1937 would be reinstated.

                    SUBTITLE B--COOS BAY WAGON ROADS

Section 341. Transfer of management authority over certain Coos Bay 
        Wagon Road Grant Lands to Coos County, Oregon

    This section transfers management authority of timber 
stands on the Coos Bay Wagon Road lands to Coos County, Oregon, 
to be managed consistently with the provisions applied to the 
O&C Trust.

Section 342. Transfer of certain Coos Bay Wagon Road Grant Lands to 
        Forest Service

    This section transfers all remaining Coos Bay Wagon Road 
Grant lands to the Forest Service to be managed in accordance 
with the Northwest Forest Plan.

Section 343. Land Exchange Authority

    This section authorizes land exchanges in accordance with 
section 316.

                      SUBTITLE C--OREGON TREASURES

                      CHAPTER 1--WILDERNESS AREAS

Section 351. Designation of Devil's Staircase Wilderness

    This section designates 30,520 acres as wilderness to be 
administered by the Forest Service.

Section 352. Expansion of Wild Rogue Wilderness Area

    This section adds 58,100 acres to the existing Wild Rogue 
Wilderness Area to be administered by the Forest Service.

  CHAPTER 2--WILD AND SCENIC RIVER DESIGNATED AND RELATED PROTECTIONS

Section 361. Wild and Scenic River Designations, Molalla River

    This section designates 15.1 miles of the Molalla River and 
6.2 miles of the Table Rock Fork of the Molalla River as 
``scenic'' under the Wild and Scenic Rivers Act.

Section 362. Wild and Scenic Rivers Act technical corrections related 
        to Chetco River

    This section reclassifies 2 miles of the Chetro River from 
``scenic'' to ``wild'' and extends the ``scenic'' segment 1.5 
miles downstream. The section also withdraws 11 miles of 
``scenic'' and ``recreational'' segments of the Chetco River 
from mineral entry subject to valid existing rights.

Section 363. Wild and scenic river designations, Wasson Creek and 
        Franklin Creek

    This section designates 4.5 miles of Franklin Creek and 
10.1 miles of Wasson Creek as ``wild'' under the Wild and 
Scenic Rivers Act.

Section 364. Wild and scenic river designations, Rogue River Area

    This section designates 93 miles of 35 tributaries to the 
Rogue River as either ``wild,'' ``scenic,'' or ``recreational'' 
under the Wild and Scenic Rivers Act.

Section 365. Additional ppotections for Rogue River Tributaries

    This section prohibits the Federal Energy Regulatory 
Commission from licensing water projects on 19 tributaries of 
the Rogue River and withdraws the tributaries from mineral 
entry, subject to valid existing rights.

                   CHAPTER 3--ADDITIONAL PROTECTIONS

Section 371. Limitations on land acquisition

    This section specifies that no non-federal land may be 
acquired within the areas designated by this subtitle without 
the written consent of the land owner.

Section 372. Overflights

    This section specifies that nothing in the subtitle shall 
affect military overflights.

Section 373. Buffer zones

    This section specifies that no activities outside the areas 
designated by this subtitle shall be impacted simply because 
they can be seen or heard from within the areas designated.

Section 374. Prevention of wildfires

    This section specifies that the designation of areas under 
this subtitle shall not impact the ability of the Forest 
Service or BLM to use mechanized equipment for the suppression 
or prevention of wildfire.

Section 375. Limitation on designation of certain lands in Oregon

    This section prohibits designation of the formerly Oregon 
and California Railroad Grant lands as a National Monument 
without approval by an Act of Congress.

                       CHAPTER 4--EFFECTIVE DATE

Section 381. Effective date

    This section sets the enactment date of all the 
designations under this subtitle for October 1st of the second 
fiscal year of the transition period to coincide with the 
transfer of the Oregon and California Railroad Grant lands to 
the O&C Trust and Forest Service. The section also ensures that 
if any provision of this title is rule legally invalid, all 
designations shall no force or effect.

                     SUBTITLE D--TRIBAL TRUST LANDS

                 PART 1--COUNCIL CREEK LAND CONVEYANCE

Section 391. Definitions

Section 392. Conveyance

    This section conveys approximately 17,000 acres to the Cow 
Creek Band of Umpqua Tribe of Indians to be held in trust for 
the benefit of the Tribe.

Section 393. Map and legal description

    This section requires the Secretary of the Interior to file 
a map of the land conveyed under this part.

Section 394. Administration

    This section specifies how the lands conveyed under this 
part are to be managed. It prohibits export of unprocessed logs 
and also clarifies that the lands conveyed shall be managed in 
accordance with all applicable federal laws.

                 PART 2--OREGON COASTAL LAND CONVEYANCE

Section 395. Definitions

Section 396. Conveyance

    This section conveys approximately 15,000 acres to the 
Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw 
Indians, to be held in trust for the benefit of the Tribe.

Section 397. Map and legal description

    This section requires the Secretary of the Interior to file 
a map of the land conveyed under this part.

Section 398. Administration

    This section specifies how the lands conveyed under this 
part are to be managed. It prohibits export of unprocessed logs 
and also clarifies that the lands conveyed shall be managed in 
accordance with all applicable federal laws.

          TITLE IV--COMMUNITY FOREST MANAGEMENT DEMONSTRATION

Section 401. Purpose and definitions

    This section clarifies that 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.

Section 402. Establishment of community forest demonstration areas

    This section requires that the Secretary of Agriculture 
establish community forest demonstration areas no later than 
one year after the date of enactment of this Act. The 
establishment of a community forest demonstration area is 
subject to: an advisory committee being appointed by the 
Governor of a State; the advisory committee requesting a 
community forest demonstration area; and the state in which the 
area is established has a forest practices law applicable to 
state or privately-owned forest land.
    This section also specifies that no more than two million 
acres of the National Forest System may be established as 
community forest demonstration areas, and that the 
establishment of an area recognizes valid existing rights, 
including right of any federally recognized Indian tribe.

Section 403. Advisory committee

    This section describes the composition and protocols of the 
advisory committee for a community forest demonstration area.

Section 404. Management of community forest demonstration areas

    This section specifies how a community forest demonstration 
area is to be managed. The advisory committee is required to 
manage the area in accordance with all applicable state and 
federal laws only as they would apply to other state or 
privately-owned forest lands in the state. The advisory 
committee is also required to consult with tribes and 
collaborative groups.

Section 405. Distribution of funds from community forest demonstration 
        area

    This section requires the advisory committee to distribute 
funds generated from the community forest demonstration area to 
each county within the area in proportion to the amount of the 
community forest demonstration area within that county. The 
advisory committee is also authorized to retain funds to cover 
management costs.

Section 406. Initial funding authority

    This section authorizes the advisory committee to seek non-
federal funds for the management of the community forest 
demonstration area. The section also authorizes counties to 
provide funds to the advisory committee.

Section 407. Payments to United States Treasury

    This section requires the advisory committee to make 
payments to the federal government in lieu of receipts that 
otherwise would come from continued management by the Forest 
Service and paid to counties from the Treasury.

Section 408. Termination of community forest demonstration area

    This section specifies the process for terminating the 
community forest demonstration area. Termination must be by 
unanimous consent of the advisory committee and approved by the 
Governor of the State in which the area is located. The Forest 
Service immediately resumes management of any area terminated.

  TITLE V--REAUTHORIZATION AND AMENDMENT OF EXISTING AUTHORITIES AND 
                             OTHER MATTERS

Section 501. Extension of secure Rural Schools and Community Self-
        Determination Act of 2000 pending full operation of forest 
        reserve revenue areas

    This section provides for a one-year extension of Secure 
Rural Schools payments until counties can benefit from 
increased forest management implemented by this legislation.

Section 502. Restoring original calculation method for 25-percent 
        payments

    This section replaces the 7-year rolling average for 
calculation of 25 percent payments and goes back to the 
original formula of basing payments on the prior year's 
receipts to ensure that counties see immediate benefit from 
this legislation.

Section 503. Forest Service and Bureau of Land Management Good-Neighbor 
        Cooperation with State to reduce wildfire risks

    The section expands and makes permanent existing 
authority--commonly referred to as ``Good Neighbor 
Authority''--to allow the Forest Service and BLM to enter into 
cooperative agreements with States for hazardous fuels 
reduction on federal land. Good Neighbor authority was first 
enacted as part of the Department of the Interior and Related 
Agencies Appropriations Act of 2001 to allow the Forest Service 
to enter into cooperative agreements with the Colorado State 
Forest Service. Later appropriations riders expanded the 
authority to the BLM and also included the State of Utah. The 
current authorities for the two states expire on September 30, 
2013.

Section 504. Stewardship end result contracting project authority

    This section extends the agencies' authority to enter into 
stewardship contracts through 2017. Stewardship contracting was 
first enacted as a pilot program in the Fiscal Year 1999 
Omnibus Appropriations Act and later extended through September 
30, 2013. Stewardship contracts allow the Forest Service or BLM 
to exchange goods for services as opposed to traditional timber 
sales whereby the agency can use timber value to pay for 
restoration and thinning activities.
    An amendment offered by Representative Paul Gosar (R-AZ) 
was adopted during markup of the bill to improve the use of 
large-scale stewardship contracting by including language to 
provide greater flexibility in obligating funds for the 
contract cancellation ceiling, and to make fire liability for 
stewardship contract identical to that which is currently 
required for conventional timber sales.

Section 505. Clarification of National Forest Management Act of 1976 
        authority

    This section clarifies that the Forest Service is 
authorized to allow designation of areas to be harvested by 
description or prescription. This is intended to improve 
efficiency and management of management activities by not 
requiring marking of individual trees.

Section 506. Treatment as supplemental funding

    This section clarifies that funds made available to 
counties under this legislation shall not be used by a state to 
offset funding that the state otherwise would pay to local 
counties.

Section 507. Exception of certain forest projects and activities from 
        Appeals Reform Act and other review

    This section was included as an amendment offered by 
Congressman Steve Daines (R-MT) and adopted during markup of 
the bill. This language would clarify that the use of 
categorical exclusions under the National Environmental Policy 
Act are not subject to the notice, comment, and appeals 
provisions of the Appeals Reform Act.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance with House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that Rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 1526--Restoring Healthy Forests for Healthy Communities Act

    Summary: H.R. 1526 would substantially increase the amount 
of timber harvested on federal lands. The bill also would 
require the Secretaries of Agriculture and the Interior to make 
payments in 2014 to certain counties that contain federal 
lands. Finally, the bill would authorize the Forest Service and 
the Bureau of Land Management (BLM) to enter into contracts 
with non-federal entities to carry out activities related to 
forest management.
    Based on information provided by the affected agencies, CBO 
estimates that enacting the legislation would increase direct 
spending by $376 million in 2014 and by $86 million over the 
2014-2018 period, but would reduce direct spending by $269 
million over the 2014-2023 period. Because the bill would 
affect direct spending, pay-as-you-go procedures apply.
    In addition, CBO expects that implementing H.R. 1526 would 
increase discretionary spending for certain Forest Service 
activities and reduce discretionary spending for certain BLM 
activities. Based on information from those agencies, CBO 
estimates that the change in net discretionary spending would 
not be significant, assuming appropriation actions consistent 
with the purposes of the bill. Enacting the legislation would 
not affect revenues.
    H.R. 1526 would impose intergovernmental and private-sector 
mandates, as defined in the Unfunded Mandates Reform Act 
(UMRA), on plaintiffs, including public and private entities, 
seeking judicial review of some activities on federal lands. 
CBO estimates that the cost of the mandates would fall below 
the annual thresholds established in UMRA for intergovernmental 
and private-sector mandates ($75 million and $150 million in 
2013, respectively, adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1526 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             By fiscal year, in millions of dollars--
                                         ---------------------------------------------------------------------------------------------------------------
                                            2014     2015     2016     2017     2018     2019     2020     2021     2022     2023   2014-2018  2014-2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               CHANGES IN DIRECT SPENDING
 
Additional Timber Receipts:
    Estimated Budget Authority..........        0      -58     -116     -175     -233     -291     -294     -297     -300     -303      -582      -2,068
    Estimated Outlays...................        0      -58     -116     -175     -233     -291     -294     -297     -300     -303      -582      -2,068
Mandatory Spending of Timber Proceeds:
    Estimated Budget Authority..........        0        2       48       94      141      190      238      244      249      259       285       1,465
    Estimated Outlays...................        0        2       48       94      141      190      238      244      249      259       285       1,465
Direct Payments to Counties:
    Estimated Budget Authority..........      375        0        0        0        0        0        0        0        0        0       375         375
    Estimated Outlays...................      375        0        0        0        0        0        0        0        0        0       375         375
Demonstration Projects:
    Estimated Budget Authority..........        0       -4       -5       -6       -7       -8       -9       -9       -9       -9       -21         -64
    Estimated Outlays...................        0       -4       -5       -6       -7       -8       -9       -9       -9       -9       -21         -64
Receipts from BLM Lands:
    Estimated Budget Authority..........        0        9        9        9       -1       -1       -1       -1       -1       -1        25          19
    Estimated Outlays...................        0        9        9        9       -1       -1       -1       -1       -1       -1        25          19
Stewardship Contracting:
    Estimated Budget Authority..........        1        1        1        1        0        0        0        0        0        0         4           4
    Estimated Outlays...................        1        1        1        1        0        0        0        0        0        0         4           4
    Total Changes:
        Estimated Budget Authority......      376      -50      -63      -77     -100     -111      -66      -63      -61      -53        86        -269
        Estimated Outlays...............      376      -50      -63      -77     -100     -111      -66      -63      -61      -53        86       -269
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: Components may not sum to totals because of rounding;.
BLM = Bureau of Land Management.

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted near the end of 2013.

Direct spending

    The largest budgetary effects of H.R. 1526 would stem 
mostly from provisions that would increase receipts from timber 
sales, and spending associated with those receipts, over the 
2015-2023 period--for net budgetary savings of about $600 
million over that period--and would increase federal payments 
by $375 million to certain counties in 2014. Other provisions 
in the bill would reduce direct spending by $41 million over 
the 2014-2023 period.
    Additional Timber Receipts. Title I would require the 
Forest Service to significantly increase the volume of timber 
it offers for sale each year. CBO estimates that, under the 
bill, offsetting receipts from timber sales would increase by 
about $2.1 billion over the 2015-2023 period. The Forest 
Service is authorized under current law to retain and spend a 
portion of those proceeds to carry out reforestation activities 
and conduct salvage sales of timber. (Salvage timber sales are 
generally designed to remove diseased, insect-infested dead, 
damaged, or downed trees.) In addition, the Forest Service is 
required to pay 25 percent of the proceeds from timber sales to 
counties where timber is harvested. Additional spending for 
those purposes would total $1.5 billion over 10 years. On net, 
CBO estimates that enacting Title I would reduce outlays by 
about $600 million over the 2015-2023 period.
    The amount of receipts the Forest Service would generate 
under title I could vary significantly from CBO's estimate 
depending on the type of timber the agency would offer for 
sale, the location of that timber, and the methods it would 
allow firms to use to harvest it. The Forest Service's ability 
to increase the amount of timber it offers for sale under the 
bill would also be affected by the extent to which outside 
groups opposed the agency's actions. Finally, the amount of 
timber sold and the price paid for that timber would depend on 
the decisions of firms in the timber industry.
    Timber Volume Requirement. H.R. 1526 would require the 
Forest Service to offer for sale a volume of timber equal to 
one-half of the sustainable yield of the National Forest 
System. The sustainable yield is the amount of timber extracted 
from a forest that can be replaced by new growth. Based on 
information provided by the Forest Service, CBO expects that, 
under the bill, the agency would be required to offer roughly 
six billion board feet (BBF) of timber for sale each year. By 
comparison, the agency sold an average of 2.5 BBF of timber a 
year over the past five years.
    CBO expects that provisions of the bill would enable the 
Forest Service to significantly increase the amount of timber 
it sells annually. In particular, the legislation would 
expedite the environmental assessment and judicial review 
processes for timber sales. The bill also would require any 
person or entity seeking to challenge a timber sale to post a 
bond equal to the amount the Forest Service would spend on 
associated court proceedings. CBO expects that those provisions 
would reduce the amount of time required for the agency to 
conduct individual timber sales and deter some parties from 
challenging the legality of those sales.
    But CBO also expects that other factors could impede the 
ability of the Forest Service to sell the amount of timber 
required under H.R. 1526:
    
 Based on information provided by the agency, CBO 
expects that sawmilling capacity may constrain the amount of 
timber purchased in certain regions of the United States in the 
first few years after the bill's enactment.
    
 In addition, because the Forest Service would need 
to change the types and amounts of timber products it sells and 
increase the number of sales it conducts each year, we expect 
that it would take a few years for the agency to implement new 
procedures.
    
 Finally, although the bill would make it more 
difficult for parties to challenge the legality of timber 
sales, CBO expects that the Forest Service would face more 
legal challenges to timber sales under the bill than under 
current law, particularly in the Pacific Northwest, where 
timber harvesting may threaten certain endangered species.
    On balance, CBO estimates that the Forest Service would 
eventually increase the volume of timber it offers for sale 
each year to more than five billion board feet--about 90 
percent of the total volume required under the bill--by 2023. 
That amount would be more than double the average annual amount 
of timber sold over the past five years. Because CBO expects 
that it would take time for the Forest Service to develop new 
procedures and ramp up sales, and that firms in the timber 
industry would need time to adjust to those changes, we expect 
that the increase in sales would occur gradually over the 2015-
2023 period.
    Timber Products and Values. Information provided by the 
Forest Service indicates that over the 2008-2012 period, saw 
timber (trees large enough to be made into planks and boards) 
accounted for roughly 60 percent of the volume of timber 
products sold by the agency; products with significantly lower 
values, such as pulpwood and firewood, accounted for the 
remaining 40 percent. Over that period, the value of timber 
products sold by Forest Service averaged about $60 per thousand 
board feet (MBF). By comparison, CBO estimates that the average 
value of timber products harvested from state and private 
lands, where saw timber comprises a larger portion of the total 
volume of timber sold, sold for $100 to $250 per thousand board 
feet over the same period. Those comparisons are based on 
information provided by the Forest Service and data about the 
value of timber products harvested from state lands.
    CBO expects that, under H.R. 1526, the Forest Service would 
continue to sell roughly the same amount of low-value timber 
products as it does under current law. Thus, we believe that 
the agency would need to significantly increase the amount of 
saw timber it sells in order to meet the volume requirement 
established in the bill. Because we expect that the Forest 
Service would increase the amount of saw timber harvested in 
all regions of the United States, including a significant 
increase in the amount harvested in the Pacific Northwest, 
where saw timber values are very high, we estimate that the 
value of additional saw timber sold under the bill would 
average between $100 and $150 per MBF. CBO expects that those 
prices would probably be less than the value of similar timber 
harvested from state and private lands because, in general, 
timber harvesters operating on state and private lands would 
face fewer of the impediments that tend to increase the cost of 
extracting timber.
    Mandatory Spending of Proceeds from Timber Sales. Under 
current law, the Forest Service has the authority to retain and 
spend a portion of the proceeds from timber sales to carry out 
reforestation activities and to conduct sales of salvage 
timber. Over the past five years, the agency retained roughly 
50 percent of the available proceeds for those purposes. CBO 
anticipates that, under the bill, the amount of timber 
harvested from Forest Service lands would significantly 
increase and that the agency would allow timber producers to 
use methods to extract timber that would increase the cost of 
reforestation activities. Consequently, we expect that the 
Forest Service would increase the portion of timber proceeds it 
retains for reforestation by 5 percent to 10 percent over the 
next 10 years. Based on information from the Forest Service, 
CBO estimates that enacting H.R. 1526 would increase the amount 
of timber proceeds retained and spent by the agency by about $1 
billion over the 2015-2023 period.
    Pursuant to a law known as the Act of May 23, 1908, the 
Forest Service is required to make annual payments to counties 
equal to 25 percent of the proceeds from lands administered by 
the agency in those counties. CBO estimates that, under the 
bill, the increase in required payments would range from about 
$15 million in 2015 to about $75 million in 2023. However, CBO 
estimates that those payments would be reduced by roughly 7 
percent each year (until 2022) under the Budget Control Act of 
2011.\1\ On net, CBO estimates that enacting H.R. 1526 would 
increase payments to counties, relative to current law, by $430 
million over the 2015-2023 period.
---------------------------------------------------------------------------
    \1\The Budget Control Act of 2011 requires a sequestration (that 
is, a reduction in spending) for certain expenditures over the 2013-
2021 period.
---------------------------------------------------------------------------
    Direct Payments to Counties. Title V would require the 
Secretaries of Agriculture and the Interior to make direct 
payments to certain counties in 2014. The amount of those 
payments would equal the amount distributed for 2010 to the 
affected counties under the Secure Rural Schools and Community 
Self-Determination Act of 2000. CBO estimates that the required 
payments would total $405 million; however, CBO estimates that 
those payments would be reduced by roughly 7 percent under the 
sequestration provisions of the Budget Control Act of 2011. On 
net, CBO estimates that enacting this provision would increase 
direct spending by $375 million in 2014.
    Demonstration Projects. Title IV would require the 
Secretary of Agriculture to establish up to 10 areas consisting 
of at least 200,000 acres of land within the National Forest 
System to conduct community demonstration projects. Under the 
bill, governors would appoint advisory boards to manage those 
areas. The boards would collect all proceeds generated from 
activities within those areas and would be required to make 
payments to the federal government based on the amount of 
annual receipts generated by the surrounding national forest 
lands over the previous 10 years. Any proceeds remaining after 
those payments are made would be used by the boards to cover 
the costs of administering the demonstration areas and 
distributed to counties where the areas are located.
    CBO expects that most of the demonstration areas would be 
located in the western United States. Based on information 
regarding the amount of receipts generated per acre of national 
forest land in those states, CBO estimates that the advisory 
boards would increase annual payments to the federal government 
by $4 million in 2015, rising to $9 million in 2023. In total, 
CBO estimates that implementing title IV would increase 
offsetting receipts by $64 million over the 2015-2023 period.
    Receipts from BLM Lands. Title III would require BLM to 
transfer management authority over 1.3 million acres of federal 
lands to the state of Oregon and Coos County. Beginning in 
2015, those governments would retain any proceeds generated on 
the affected lands. Because CBO expects that, under current 
law, BLM would collect receipts totaling $9 million a year over 
the 2015-2017 period, we estimate that enacting the transfer 
provision would reduce offsetting receipts by $27 million over 
that three-year period.
    Title III also would require the state of Oregon and Coos 
County to make payments to the federal government totaling 
$10.4 million a year over the 2018-2023 period. Those payments 
would increase offsetting receipts relative to current law by 
$1 million a year over the 2018-2023 period. All told, CBO 
estimates that enacting the provisions of title III would 
reduce offsetting receipts by $19 million over the 2015-2023 
period.
    Stewardship Contracting. Title V would authorize the Forest 
Service to enter into special contracts known as stewardship 
contracts through 2017. Under such contracts, the Forest 
Service and DOI use timber resources owned by the government in 
lieu of cash to compensate firms that provide certain services 
related to forest management. Under current law, the authority 
to enter into stewardship contracts expires at the end of 2013. 
Because CBO expects that some of the timber that would be used 
as compensation under stewardship contracts would be sold under 
current law, we estimate that enacting this provision would 
reduce offsetting receipts by $1 million a year over the 2014-
2017 period.

Spending subject to appropriation

    CBO estimates that implementing H.R. 1526 would have no 
significant net impact on discretionary spending. Title I would 
require the Forest Service to substantially increase the amount 
of timber it offers for sale each year. Because CBO expects 
that implementing that provision would increase the workload of 
the agency, particularly in regions where significant volumes 
of timber are harvested, we estimate that implementing that 
title would increase discretionary spending over the 2014-2018 
period.
    However, title III would require BLM to transfer management 
authority over 1.4 million acres of federal land to the state 
of Oregon and local governments. Over the 2009-2013 period, CBO 
estimates that the agency received appropriations averaging 
about $60 million a year to manage those lands. Because the 
bill would reduce the amount of land administered by the 
federal government in Oregon, we estimate that implementing 
title III would reduce discretionary spending over the 2014-
2018 period.
    Considering those changes, CBO estimates that implementing 
the bill would have a negligible impact on discretionary 
spending over the next five years.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in direct spending that are subject 
to those pay-as-you-go procedures are shown in the following 
table.

          CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 1526 AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES ON JULY 31, 2013
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              By fiscal year, in millions of dollars--
                                          --------------------------------------------------------------------------------------------------------------
                                            2013   2014    2015    2016    2017     2018     2019    2020    2021    2022    2023   2013-2018  2013-2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact...........      0     376     -50     -63     -77     -100     -111     -66     -63     -61     -53        86       -269
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 1526 
would impose intergovernmental and private-sector mandates on 
plaintiffs, including public and private entities, seeking 
judicial review of some activities on federal lands. CBO 
estimates that the aggregate cost of the mandates in the bill 
would fall below the annual thresholds established in UMRA for 
intergovernmental and private-sector mandates ($75 million and 
$150 million in 2013, respectively, adjusted annually for 
inflation).
    The bill would impose a mandate on plaintiffs seeking 
judicial review of projects carried out by the Forest Service 
under title I by establishing bonding requirements. In order to 
elicit judicial review of those projects, plaintiffs would be 
required to post a bond. The value of the bond would be equal 
to the estimated litigation costs of the federal government. 
The cost of the mandate would be the purchase price of required 
bonds, typically 10 percent of the bond amount. CBO expects 
that both the number of timber projects by Forest Service that 
would be subject to litigation and the bond fee in those cases 
would be relatively small. Therefore, CBO expects that the 
annual cost of the mandate would not be substantial.
    Additionally, the bill would prohibit plaintiffs from 
seeking a preliminary injunction to temporarily stop 
activities, such as logging, on the federal lands to be managed 
by the state of Oregon under title III. Preliminary injunctions 
are issued only in cases where compensation awarded by the 
court could not equal the potential personal damage or damage 
to property. By eliminating a right of action, the bill would 
impose a mandate. The cost of the mandate would be any forgone 
income that would occur without a preliminary injunction. 
Because losses of income would generally not occur for the 
types of cases involved, the mandate would probably impose no 
costs.
    Counties with federal forest lands and the State of Oregon 
would benefit from provisions in the bill related to timber 
sales and would receive about $900 million over the 2014-2023 
period.
    Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 
State, Local, and Tribal Governments: Melissa Merrell; Impact 
on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures. Based on information provided by 
the affected agencies, CBO estimates that enacting the 
legislation would increase direct spending by $376 million in 
2014 and by $86 million over the 2014-2018 period, but would 
reduce direct spending by $269 million over the 2014-2023 
period. Because the bill would affect direct spending, pay-as-
you-go procedures apply.
    In addition, CBO expects that implementing H.R. 1526 would 
increase discretionary spending for certain Forest Service 
activities and reduce discretionary spending for certain Bureau 
of Land Management activities. Based on information from those 
agencies, CBO estimates that the change in net discretionary 
spending would not be significant, assuming appropriation 
actions consistent with the purposes of the bill. Enacting the 
legislation would not affect revenues.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is 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, and to provide a temporary extension of the 
Secure Rural Schools and Community Self-Determination Act of 
2000.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman estimates that this bill 
directs the Secretary of Agriculture to conduct one rulemaking.
    Duplication of Existing Programs. This bill does establish 
or reauthorize one or more programs of the federal government 
known to be duplicative of another program. However, the intent 
of the new forestry programs in titles I, II, III and IV of 
this bill is to replace or rebuild existing, ineffective 
national forestry management programs to produce jobs, restore 
healthy forests throughout the county, reduce the risks of 
catastrophic wildfires and create revenue sources for states 
and local communities to fund schools, roads and provide other 
public services. These communities are severely impacted by the 
pervasive presence of federal forested lands, which cannot be 
subject to state or local taxes but still require local and 
state government investments like roads, fire and police 
protection, and school services for local federal employees. In 
addition, the reauthorizations contained in title V of the bill 
are intended as a short-term bridge to transition to the new, 
more effective and efficient new programs created by the other 
titles. Several of the reauthorized programs were included in a 
2011 report from the Government Accountability Office to 
Congress pursuant to section 21 of Public Law 111-139, or 
identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                  Federal Advisory Committee Statement

    The functions of the proposed advisory committee authorized 
in the bill are not currently being nor could they be performed 
by one or more agencies, an advisory committee already in 
existence or by enlarging the mandate of an existing advisory 
committee.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                         ACT OF AUGUST 28, 1937


  AN ACT relating to the revested Oregon and California Railroad and 
  reconveyed Coos Bay Wagon Road grant lands situated in the State of 
                                Oregon.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [That 
notwithstanding any provisions in the Acts of June 9, 1916 (39 
Stat. 218), and February 26, 1919 (40 Stat. 1179), as amended, 
such portions of the revested Oregon and California Railroad 
and reconveyed Coos Bay Wagon Road grant lands as are or may 
hereafter come under the jurisdiction of the Department of the 
Interior, which have heretofore or may hereafter be classified 
as timberlands, and power-site lands valuable for timber, shall 
be managed, except as provided in section 3 hereof, for 
permanent forest production, and the timber thereon shall be 
sold, cut, and removed in conformity with the principal of 
sustained yield for the purpose of providing a permanent source 
of timber supply, protecting watersheds, regulating stream 
flow, and contributing to the economic stability of local 
communities and industries, and providing recreational 
facilities: Provided, That nothing herein shall be construed to 
interface with the use and development of power sites as may be 
authorized by law.
  [The annual productive capacity for such lands shall be 
determined and declared as promptly as possible after the 
passage of this Act, but until such determination and 
declaration are made the average annual cut therefrom shall not 
exceed one-half billion feet board measure: Provided, That 
timber from said lands in an amount not less than one-half 
billion feet board measure, or not less than the annual 
sustained yield capacity when the same has been determined and 
declared, shall be sold annually, or so much thereof as can be 
sold at reasonable prices on a normal market.
  [If the Secretary of the Interior determines that such action 
will facilitate sustained-yield management, he may subdivide 
such revested lands into sustained-yield forest units, the 
boundary lines of which shall be so established that a forest 
unit will provide, insofar as practicable, a permanent source 
of raw materials for the support of dependent communities and 
local industries of the region; but until such subdivision is 
made the land shall be treated as a single unit in applying the 
principle of sustained yield, Provided, That before the 
boundary lines of such forest units are established, the 
Department, after published notice thereof, shall hold a 
hearing thereon in the vicinity of such lands open to the 
attendance of State and local officers, representatives of 
dependent industries, residents, and other persons interested 
in the use of such lands. Due consideration shall be given to 
established lumbering operations in subdividing such lands when 
necessary to protect the economic stability of dependent 
communities. Timber sales from a forest unit shall be limited 
to the productive capacity of such unit and the Secretary is 
authorized, in his discretion, to reject any bids which may 
interfere with the sustained-yield management plan of any unit.
  [Sec. 2. The Secretary of the Interior is authorized, in his 
discretion, to make cooperative agreements with other Federal 
or State forest administrative agencies or with private forest 
owners or operators for the coordinated administration, with 
respect to time, rate, method of cutting, and sustained yield, 
of forest units comprising parts of revested or reconveyed 
lands, together with lands in private ownership or under the 
administration of other public agencies, when by such 
agreements he may be aided in accomplishing the purposes 
hereinbefore mentioned.
  [Sec. 4. The Secretary of the Interior is authorized, in his 
discretion, to lease for grazing any of said revested or 
reconveyed lands which may be so used without interfering with 
the production of timber or other purposes of this Act as 
stated in section 1: Provided, That all the moneys receive on 
account of grazing leases shall be covered either into the 
``Oregon and California land-grant fund'' or the ``Coos Bay 
Wagon Road grant fund'' in the Treasury as the location of the 
leased lands shall determine, and be subject to distribution as 
other moneys in such funds: Provided further, That the 
Secretary is also authorized to formulate rules and regulations 
for the use, protection, improvement, and rehabilitation of 
such grazing lands.
  [Sec. 5. The Secretary of the Interior is hereby authorized 
to perform any and all acts and to make such rules and 
regulations as may be necessary and proper for the purpose of 
carrying the provisions of this Act into full force and effect. 
The Secretary of the Interior is further authorized, in 
formulating forest-practice rules and regulations, to consult 
with the Oregon State Board of Forestry, representatives of 
timber owners and operators on or contiguous to said revested 
and reconveyed lands, and other persons or agencies interested 
in the use of such lands.
  [In formulating regulations for the protection of such 
timberlands against fire, the Secretary is authorized, in his 
discretion, to consult and advise with Federal, State, and 
county agencies engaged in forest-fire-protection work, and to 
make agreements with such agencies for the cooperative 
administration of fire regulations, therein: Provided, That 
rules and regulations for the protection of the revested lands 
from fire shall conform with the requirements and practices of 
the State of Oregon insofar as the same are consistent with the 
interests of the United States.

                               [TITLE II

  [That on and after March 1, 1938, all moneys deposited in the 
Treasury of the United States in the special fund designated 
the ``Oregon and California land-grant fund'' shall be 
distributed annually as follow:
  [(a) Fifty per centum to the counties in which the lands 
revested under the Act of June 9, 1916 (39 Stat. 218), are 
situated, to be payable on or after June 30, 1938, and each 
year thereafter to each of said counties in the proportion that 
the total assessed value of the Oregon and California grant 
lands in each of said counties for the year 1915 bears to the 
total assessed value of all of said lands in the State of 
Oregon for said year, such moneys to be used as other county 
funds: Provided, however, That for the purposes of this 
subsection the portion of the said revested Oregon and 
California railroad grant lands in each of said counties which 
was not assessed for the year 1915 shall be deemed to have been 
assessed at the average assessed value of the grant lands in 
said county.
  [(b) Twenty-five per centum of said counties as money in lieu 
of taxes accrued or which shall accrue to them prior to March 
1, 1938, under the provisions of the Act of July 13, 1926 (44 
Stat. 915), and which taxes are unpaid on said date, such 
moneys to be paid to said counties severally by the Secretary 
of the Treasury of the United States, upon certification by the 
Secretary of the Interior, until such tax indebtedness as shall 
have accrued prior to March 1, 1938, is extinguished.
  [From and after payment of the above accrued taxes said 25 
per centum shall be accredited annually to the general fund in 
the Treasury of the United States until all reimbursable 
charges against the Oregon and California land-grant fund owing 
to the general fund in the Treasury have been paid: Provided, 
That if for any year after the extinguishment of the tax 
indebtedness accruing to the counties prior to March 1, 1938, 
under provisions of Forty-fourth Statutes, page 915, the total 
amount payable under subsection (a) of this title is less than 
78 per centum of the aggregate amount of tax claims which 
accrued to said counties under said Act for the year 1934, 
there shall be additionally payable for such year such portion 
of said 25 per centum (but not in excess of three-fifths of 
said 25 per centum), as may be necessary to make up the 
deficiency. When the general fund in the Treasury has been 
fully reimbursed for the expenditures which were made charges 
against the Oregon and California land-grant fund said 25 per 
centum shall be paid annually, on or after September 30, to the 
several counties in the manner provided in subsection (a) 
hereof.
  [(c) Twenty-five per centum to be available for the 
administration of this Act, in such annual amounts as the 
Congress shall from time to time determine. Any part of such 
per centum not used for administrative purposes shall be 
covered into the general fund of the Treasury of the United 
States: Provided, That moneys covered into the Treasury in such 
manner shall be used to satisfy the reimbursable charges 
against the Oregon and California land-grant fund mentioned in 
subsection (b) so long as any such charges shall exist.
  [All Acts or parts of Acts in conflict with this Act are 
hereby repealed to the extent necessary to give full force and 
effect to this Act.]
                              ----------                              


WILD AND SCENIC RIVERS ACT

           *       *       *       *       *       *       *


  Sec. 3. (a) The following rivers and the land adjacent 
thereto are hereby designated as components of the national 
wild and scenic rivers system:
  (1) * * *

           *       *       *       *       *       *       *

  (5) Rogue, Oregon.--The segment of the river extending from 
the mouth of the Applegate River downstream to the Lobster 
Creek Bridge; to be administered by agencies of the Departments 
of the Interior or Agriculture as agreed upon by the 
Secretaries of said Departments or as directed by the 
President. 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.

           *       *       *       *       *       *       *

  (69) Chetco, Oregon.--
          (A) Designations.--The 44.5-mile segment from its 
        headwaters to the Siskiyou National Forest boundary; to 
        be administered by the Secretary of Agriculture in the 
        following classes:
                  [(A)] (i) The [25.5-mile] 27.5-mile segment 
                from its headwaters to [Boulder Creek at the 
                Kalmiopsis Wilderness boundary] Mislatnah Creek 
                as a wild river;
                  [(B)] (ii) the [8] 7.5-mile segment from 
                [Boulder Creek] Mislatnah Creek to [Steel 
                Bridge] Eagle Creek as a scenic river; and
                  [(C)] (iii) the [11] 9.5-mile segment from 
                [Steel Bridge] Eagle Creek to the Siskiyou 
                National Forest boundary, one mile below Wilson 
                Creek, as a recreational river.
          (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.

           *       *       *       *       *       *       *

  (102) [Squaw Creek] Whychus Creek, Oregon.--The 15.4-mile 
segment from its source to the hydrologic Gaging Station 800 
feet upstream from the intake of the [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] 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; to be administered by the Secretary of 
Agriculture as follows:
          (A) * * *
          (B) the 8.8-mile segment from the boundary of the 
        Three Sisters Wilderness Area to the hydrologic Gaging 
        Station 800 feet upstream from the intake of the 
        [McAllister Ditch] Plainview Ditch as a scenic river: 
        Provided, That nothing in this Act shall prohibit the 
        construction of facilities necessary for emergency 
        protection for the town of Sisters relative to a rapid 
        discharge of Carver Lake if no other reasonable flood 
        warning or control alternative exists.

           *       *       *       *       *       *       *

          (___) 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.
          (__) 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.

           *       *       *       *       *       *       *

                              ----------                              


                          ACT OF MAY 23, 1908

                        (Public Law Chapter 192)

AN ACT making appropriations for the Department of Agriculture for the 
     fiscal year ending June thirtieth, nineteen hundred and nine.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums be, and they are hereby, appropriated, out of 
any money in the Treasury of the United States not otherwise 
appropriated, in full compensation for the fiscal year ending 
June thirtieth, nineteen hundred and nine, for the purposes and 
objects hereinafter expressed, namely:

DEPARTMENT OF AGRICULTURE

           *       *       *       *       *       *       *


FOREST SERVICE

           *       *       *       *       *       *       *


  That hereafter an amount equal to [the annual average of 25 
percent of all amounts received for the applicable fiscal year 
and each of the preceding 6 fiscal years] 25 percent of all 
amounts received for the applicable fiscal year from each 
national forest shall be paid at the end thereof by the 
Secretary of the Treasury to the State or Territory in which 
[said reserve] the national forest is situated, to be expended 
as the State or Territorial legislature may prescribe for the 
benefit of the public schools and public roads of the county or 
counties in which the [forest reserve] national forest is 
situated: Provided, That when any [forest reserve] national 
forest is in more than one State or Territory or county the 
distributive share to each from the proceeds of [said reserve] 
the national forest shall be proportional to its area therein. 
In sales of logs, ties, poles, posts, cordwood, pulpwood, and 
other forest products the amounts made available for schools 
and roads by this Act shall be based upon the stumpage value of 
the timber. Beginning October 1, 1976, the term ``moneys 
received'' shall include all collections under the Act of June 
9, 1930, and all amounts earned or allowed any purchaser of 
national forest timber and other forest products within such 
State as purchaser credits, for the construction of roads on 
the National Forest Transportation System within such national 
forests or parts thereof in connection with any Forest Service 
timber sales contract. The Secretary of Agriculture shall, from 
time to time as he goes through his process of developing the 
budget revenue estimates, make available to the States his 
current projections of revenues and payments estimated to be 
made under the Act of May 23, 1908, as amended, or any other 
special Acts making payments in lieu of taxes, for their use 
for local budget planning purposes.

           *       *       *       *       *       *       *

                              ----------                              


ACT OF MARCH 1, 1911

           *       *       *       *       *       *       *


  Sec. 13. That an amount equal to [the annual average of 25 
percent of all amounts received for the applicable fiscal year 
and each of the preceding 6 fiscal years] 25 percent of all 
amounts received for the applicable fiscal year from each 
national forest shall be paid, at the end of such year, by the 
Secretary of the Treasury to the State in which such national 
forest is situated, to be expended as the state legislature may 
prescribe for the benefit of the public schools and public 
roads of the county or counties in which such national forest 
is situated: Provided, That when any national forest is in more 
than one State or county the distributive share to each from 
the proceeds of such forest shall be proportional to its area 
therein. Beginning October 1, 1976, the term ``moneys 
received'' shall include all collections under the Act of June 
9, 1930, and all amounts earned or allowed any purchaser of 
national forest timber and other forest products within such 
State as purchaser credits, for the construction of roads on 
the National Forest Transportation System within such national 
forests or parts thereof in connection with any Forest Service 
timber sales contract. The Secretary of Agriculture shall, from 
time to time as he goes through his process of developing the 
budget revenue estimates, make available to the States his 
current projections of revenues and payments estimated to be 
made under the Act of May 23, 1908, as amended, or any other 
special Acts making payments in lieu of taxes for their use for 
local budget planning purposes.

           *       *       *       *       *       *       *

                              ----------                              


  DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  1999

              stewardship end result contracting projects

  Sec. 347. (a) In General.--Until September 30, [2013] 2017, 
the Forest Service and the Bureau of Land Management, via 
agreement or contract as appropriate, may enter into 
stewardship contracting projects with private persons or other 
public or private entities to perform services to achieve land 
management goals for the national forests and the public lands 
that meet local and rural community needs.

           *       *       *       *       *       *       *

  (c) Agreements or Contracts.--
          (1) * * *
          (2) Term.--A multiyear contract may be entered into 
        under subsection (a) in accordance with section 304B of 
        the Federal Property and Administrative Services Act of 
        1949 (41 U.S.C. 254c), except that the period of the 
        contract may exceed 5 years but may not exceed [10 
        years] 20 years.

           *       *       *       *       *       *       *

          (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.
          (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).
          [(4)] (6) Relation to other laws.--The Forest Service 
        may enter into agreement or contracts under subsection 
        (a), notwithstanding subsections (d) and (g) of section 
        14 of the National Forest Management Act of 1976 (16 
        U.S.C. 472a).
          [(5)] (7) Contracting officer.--Notwithstanding any 
        other provision of law, the Secretary of Agriculture or 
        the Secretary of the Interior may determine the 
        appropriate contracting officer to enter into and 
        administer an agreement or contract under subsection 
        (a).

           *       *       *       *       *       *       *

                              ----------                              


NATIONAL FOREST MANAGEMENT ACT OF 1976

           *       *       *       *       *       *       *


              timber sales on national forest system lands

  Sec. 14. (a) * * *

           *       *       *       *       *       *       *

  (g) [Designation, marking when necessary,] Designation, 
including marking when necessary, or designation by description 
or by prescription, and supervision of harvesting of trees, 
portions of trees, or forest products shall be conducted by 
persons employed by the Secretary of Agriculture. Such persons 
shall have no personal interest in the purchase or harvest of 
such products and shall not be directly or indirectly in the 
employment of the purchaser thereof.

           *       *       *       *       *       *       *

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


                            ADDITIONAL VIEWS

    Democrats are strongly committed to finding solutions to 
the serious challenges facing rural, economically depressed 
communities that depend on federal forests. Unfortunately, H.R. 
1526 as ordered reported from the Committee is not that 
solution. Provisions in the bill go well beyond what is 
necessary to achieve the legislation's stated goals, would 
dramatically alter the management of our national forests, and 
undermine the multi-use mission of our public lands.
    Title I would force the Secretary of Agriculture to create 
timber production zones (Forest Reserve Revenue Areas) within 
each national forest unit of the National Forest System. Each 
unit would be required to meet annual timber volume targets set 
at half of what the forest grows each year. Meeting these 
targets would require logging and related road building in 
currently protected, roadless areas and national monuments, 
limit public review by legislatively prescribing compliance 
with the National Environmental Protection Act (NEPA), limit 
scientific review by establishing a ``non-jeopardy'' 
presumption for all logging projects, and limit judicial review 
by requiring plaintiffs to post bonds and putting restrictions 
and timelines on court decisions.
    Title II is intended to address insects, disease, and other 
forest health issues on National Forest and BLM lands. These 
issues should be addressed in bipartisan legislation. 
Unfortunately, this Title is overly broad and would allow the 
Secretary to implement hazardous fuel projects using the 
controversial expedited NEPA process provided in Title I. While 
designated wilderness areas, areas already prohibited from 
logging, and national monuments are excluded from the Title, 
inventoried roadless areas are not. Further, we question the 
need and wisdom of allowing governors to designate ``high risk 
areas'' on Federal land.
    Title IV would establish ``community forest demonstration 
areas'' that would be managed by state boards of trustees, be 
at least 200,000 acres, and be governed by state forest 
practices laws. Devolving national forest system lands with a 
multi-use mandate to state governments with a timber production 
mandate under varying and less protective state laws is highly 
problematic--not least because it would overturn more than 100 
years of national forest management precedent. Title IV has 
major implications for implementation of NEPA, ESA, the Clean 
Water Act, and the Clean Air Act, as those statutes currently 
apply to national forest lands. This model also calls into 
question existing rights, subsurface rights, and tribal 
sovereignty and consultation. Democrats strongly object to the 
devolution of U.S. Forest Service lands to state and county 
governments.
    The minority strongly supports Section 501 of Title V to 
extend the Secure Rural Schools and Community Self-
Determination Act of 2000 for one year at the Fiscal Year 2010 
level. These support payments are critical to providing 
struggling rural and forested counties across the country with 
the resources they need to offer basic government services like 
education, law enforcement, and health care to members of their 
communities.
    Democrats offered various amendments to modify the most 
contentious provisions and to try to shape a bill that could be 
supported on a bipartisan basis. Representative Huffman (D-CA) 
offered an amendment that would have retained all federal 
protections for our national forests while giving land 
management agencies tools they need to better manage for the 
impacts of climate change, forest health, and to help prevent 
catastrophic wildfires. Provisions in the Huffman amendment 
have already been passed by the U.S. Senate on a bipartisan 
basis and could be signed into law tomorrow. Unfortunately, 
that amendment was defeated on a party line vote. Democrats 
offered amendments to strike the most controversial language of 
the bill that undermines NEPA and ESA and to preserve the 
status quo of herbicide application on the statutorily unique 
O&C Lands. Those amendments were also defeated on a party line 
vote.
    Many of the management challenges associated with our 
national forests are related to the lack of federal funding. 
That's not a partisan issue. Both the Bush and Obama 
administrations have come up short on funding for hazardous 
fuel projects and providing our federal land management 
agencies with the resources they need to carry out their 
mandates. This problem is likely to get worse with budget 
sequestration and shrinking federal budgets.
    The Committee should focus on improving existing management 
tools for our land management agencies. The agencies only now 
appear ready to begin using the tools Congress gave them under 
the Health Forest Restoration Act (HFRA) that we negotiated on 
a bipartisan basis out of this Committee and out of the House. 
There are also opportunities with stewardship contracting and 
Good Neighbor Authority to lower agency costs, improve 
ecosystem health, and produce substantial commercial value to 
private contractors. These tools work and should be expanded 
upon.
    There is common ground on these issues. Democrats stand 
ready to work with the majority to move forward on a bipartisan 
basis on forest health, fire, disease, bugs, and providing 
economic opportunity in rural, forest counties across the 
country.

                                   Peter A. DeFazio.
                                   Niki Tsongas.
                                   Grace F. Napolitano.
                                   Jared Huffman.
                                   Raul M. Grijalva.
                                   Alan Lowenthal.
                                   Tony Cardenas.
                                   Carol Shea-Porter.
                                   Rush Holt.
                                   Madeleine Z. Bordallo.