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FLO14631 S.L.C.

113TH CONGRESS
2D SESSION
S. ll
To improve timber management on Oregon and California Railroad and
Coos Bay Wagon Road grant land, and for other purposes.
IN THE SENATE OF THE UNITED STATES
llllllllll
Mr. WYDEN introduced the following bill; which was read twice and referred
to the Committee on llllllllll
A BILL
To improve timber management on Oregon and California
Railroad and Coos Bay Wagon Road grant land, and
for other purposes.
Be it enacted by the Senate and House of Representa- 1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3
(a) SHORT TITLE.This Act may be cited as the 4
Oregon and California Land Grant Act of 2014. 5
(b) TABLE OF CONTENTS.The table of contents of 6
this Act is as follows: 7
Sec. 1. Short title; table of contents.
TITLE IUNITED STATES INTERNATIONAL TRADE COMMISSION
REPORT ON WOOD AND RELATED PRODUCTS
Sec. 101. United States International Trade Commission report.
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TITLE IITIMBER REVITALIZATION AND ECONOMIC
ENHANCEMENT
Sec. 201. Treatment of timber gains.
TITLE IIIMANAGEMENT ON OREGON AND CALIFORNIA
RAILROAD AND COOS BAY WAGON ROAD GRANT LAND
Sec. 301. Management of Oregon and California Railroad and Coos Bay Wagon
Road grant land.
Sec. 302. Designation of wild and scenic rivers.
TITLE IVTRIBAL LAND
Subtitle AOregon Coastal Land Conveyance
Sec. 401. Definitions.
Sec. 402. Conveyance.
Sec. 403. Map and legal description.
Sec. 404. Administration.
Sec. 405. Forest management.
Subtitle BCanyon Mountain Land Conveyance
Sec. 411. Definitions.
Sec. 412. Conveyance.
Sec. 413. Map and legal description.
Sec. 414. Administration.
Sec. 415. Forest management.
Subtitle CAmendments to Coquille Restoration Act
Sec. 421. Amendments to Coquille Restoration Act.
TITLE VOREGON TREASURES
Subtitle AWild Rogue Wilderness Area
Sec. 501. Wild Rogue Wilderness Area.
Subtitle BDevils Staircase Wilderness
Sec. 511. Definitions.
Sec. 512. Devils staircase wilderness, oregon.
Sec. 513. Wild and scenic river designations, Wasson Creek and Franklin
Creek, Oregon.
Subtitle CAdditional Wild and Scenic River Designations and Technical
Corrections
Sec. 521. Designation of wild and scenic river segments, Molalla River, Oregon.
Sec. 522. Technical corrections to the Wild and Scenic Rivers Act.
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TITLE IUNITED STATES INTER- 1
NATIONAL TRADE COMMIS- 2
SION REPORT ON WOOD AND 3
RELATED PRODUCTS 4
SEC. 101. UNITED STATES INTERNATIONAL TRADE COMMIS- 5
SION REPORT. 6
Not later than 1 year after the date of enactment 7
of this Act, the United States International Trade Com- 8
mission shall submit to the Committee on Finance of the 9
Senate and the Committee on Ways and Means of the 10
House of Representatives a report examining the condi- 11
tions of competition in the trade of wood and related prod- 12
ucts. 13
TITLE IITIMBER REVITALIZA- 14
TION AND ECONOMIC EN- 15
HANCEMENT 16
SEC. 201. TREATMENT OF TIMBER GAINS. 17
(a) SPECIAL RATE MADE PERMANENT.Paragraph 18
(1) of section 1201(b) of the Internal Revenue Code of 19
1986 is amended by striking ending after the date and 20
all that follows through after such date and inserting 21
beginning after the date of the enactment of the Oregon 22
and California Land Grant Act of 2014. 23
(b) ADJUSTMENT OF SPECIAL RATE. 24
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(1) IN GENERAL.Clause (i) of section 1
1201(b)(1)(B) of such Code is amended by striking 2
15 percent and inserting 20 percent. 3
(2) CONFORMING AMENDMENT.Section 55(b) 4
of such Code is amended by striking paragraph (4). 5
(c) COMPUTATION FOR TAXABLE YEARS IN WHICH 6
RATE FIRST APPLIES.Paragraph (3) of section 1201(b) 7
of such Code is amended to read as follows: 8
(3) COMPUTATION FOR TAXABLE YEARS IN 9
WHICH RATE FIRST APPLIES.In the case of any 10
taxable year which includes the date of the enact- 11
ment of the Oregon and California Land Grant Act 12
of 2014, the qualified timber gain for such year shall 13
not exceed the qualified timber gain properly taken 14
into account for the portion of the year after such 15
date.. 16
(d) EFFECTIVE DATE.The amendments made by 17
this section shall apply to taxable years beginning after 18
the date of the enactment of this Act. 19
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TITLE IIIMANAGEMENT ON OR- 1
EGON AND CALIFORNIA RAIL- 2
ROAD AND COOS BAY WAGON 3
ROAD GRANT LAND 4
SEC. 301. MANAGEMENT OF OREGON AND CALIFORNIA 5
RAILROAD AND COOS BAY WAGON ROAD 6
GRANT LAND. 7
The Act of August 28, 1937 (43 U.S.C. 1181a et 8
seq.), is amended to read as follows: 9
SECTION 1. SHORT TITLE. 10
This Act may be cited as the Oregon and California 11
Land Grant Act. 12
SEC. 2. DEFINITIONS. 13
In this Act: 14
(1) ADJACENT PRIVATE LAND.The term ad- 15
jacent private land means any privately owned land 16
that is 17
(A) contiguous to covered land; or 18
(B) situated so that it is reasonably nec- 19
essary to use covered land to access the pri- 20
vately owned land. 21
(2) AGENCY ACTION.The term agency ac- 22
tion has the meaning given the term in section 551 23
of title 5, United States Code. 24
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(3) ARCHEOLOGICAL SITE.The term archeo- 1
logical site means any district, site, building, struc- 2
ture, or object that is included, or eligible for inclu- 3
sion, in the National Register under section 106 of 4
the National Historic Preservation Act (16 U.S.C. 5
470f). 6
(4) AVERAGE SEVERE FIRE WEATHER CONDI- 7
TIONS.The term average severe fire weather con- 8
ditions means the fine dead fuel moisture content, 9
live fuel moisture content, and midflame wind speed 10
under which 95 percent of wildfires burned during 11
the fire season, as determined by the Secretary for 12
each county in which covered land is located. 13
(5) CONSERVATION EMPHASIS AREA.The 14
term Conservation Emphasis Area means the land 15
generally depicted on the map entitled O & C Land 16
Grant Act of 2014: Conservation Emphasis Areas 17
and dated July 31, 2014. 18
(6) COVERED AGENCY ACTION.The term 19
covered agency action means an agency action car- 20
ried out by the Secretary relating to the manage- 21
ment of vegetation on covered land. 22
(7) COVERED CIVIL ACTION.The term cov- 23
ered civil action means a civil action seeking judicial 24
review of a covered agency action. 25
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(8) COVERED LAND.The term covered land 1
means the approximately 2,388,000 acres of land 2
designated as Oregon and California Railroad and 3
Coos Bay Wagon Road grant land, generally de- 4
picted as covered lands on the map entitled O & 5
C Land Grant Act of 2014 and dated July 31, 6
2014. 7
(9) DECOMMISSION.The term decommis- 8
sion, with respect to a road, means to restore any 9
natural drainage, watershed function, or other eco- 10
logical process that is disrupted or adversely im- 11
pacted by the road by 12
(A) removing or hydrologically dis- 13
connecting the road prism; and 14
(B) reestablishing vegetation on the road. 15
(10) DEPARTMENT.The term Department 16
means the Department of the Interior. 17
(11) DRY FORESTRY EMPHASIS AREA.The 18
term Dry Forestry Emphasis Area means the land 19
labeled as Dry Forestry Emphasis Area on the map 20
entitled O & C Land Grant Act of 2014: Moist and 21
Dry Forestry Emphasis Areas and dated July 31, 22
2014. 23
(12) FOREST MANAGEMENT.The term for- 24
est management, with respect to an activity or plan, 25
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means any activity or plan reasonably necessary for 1
the prudent management, upkeep, and use of for- 2
ested land, including 3
(A) timber harvesting, thinning, reforest- 4
ation, vegetation and pest management, and 5
other silvicultural activities; 6
(B) development and harvest of other for- 7
est resources and products; 8
(C) fire prevention and suppression ac- 9
tivities; and 10
(D) installing, constructing, maintaining, 11
improving, and reconstructing 12
(i) roads; 13
(ii) land; 14
(iii) yarding corridors and wedges; 15
(iv) guyline supports; and 16
(v) tail holds for permanent or tem- 17
porary use that are reasonably necessary 18
for prudent land management. 19
(13) KEY WATERSHED.The term key water- 20
shed means a watershed that 21
(A) is critical to 1 or more populations of 22
native fish; 23
(B) provides high-quality water; and 24
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(C) is the same as 1 of the key water- 1
sheds designated under the document entitled 2
Northwest Forest Plan Survey and Manage 3
Mitigation Measure Standard and Guidelines. 4
(14) MOIST FORESTRY EMPHASIS AREA.The 5
term Moist Forestry Emphasis Area means the 6
land labeled as Moist Forestry Emphasis Area on 7
the map entitled O & C Land Grant Act of 2014: 8
Moist and Dry Forestry Emphasis Areas and dated 9
July 31, 2014. 10
(15) OLD GROWTH TREE.The term old 11
growth tree means a tree, whether alive or dead, 12
that is equal to or greater than 150 years of age, 13
measured at breast height. 14
(16) OLDER TREE.The term older tree 15
means any tree, whether alive or dead, that is older 16
than 100 years of age but less than 150 years of 17
age, measured at breast height as of the date of en- 18
actment of the Oregon and California Land Grant 19
Act of 2014. 20
(17) PLACE INTO STORAGE.The term place 21
into storage, with respect to a road, means 22
(A) to maintain the road in order to pre- 23
vent resource damage; but 24
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(B) to alter the road to eliminate all ve- 1
hicular traffic by 2
(i) for purposes of controlling ero- 3
sion 4
(I) installing appropriate water 5
control structures, such as water bars; 6
or 7
(II) ensuring the surface of the 8
road slopes such that water quickly 9
drains off the surface of the road; 10
(ii) for purposes of preventing access 11
by vehicles 12
(I) blocking the entrance of the 13
road; and 14
(II) scattering slash atop the 15
road surface; and 16
(iii) for purposes of restoring native 17
vegetation 18
(I) scarifying lightly the surface 19
of the road; 20
(II) seeding the surface of the 21
road, as needed; and 22
(III) treating noxious weeds. 23
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(18) RESIDENCE.The term residence 1
means a privately owned, permanent structure that 2
is 3
(A) maintained for habitation as a dwell- 4
ing or workplace; and 5
(B) located in an area with a density that 6
is greater than 1 structure per 20 acres. 7
(19) SALMON.The term salmon means any 8
of the wild anadromous Oncorhynchus species that 9
occur in the State of Oregon. 10
(20) SECRETARY.The term Secretary 11
means the Secretary of the Interior, acting through 12
the Director of the Bureau of Land Management. 13
(21) SHADED FUELBREAK.The term shaded 14
fuelbreak means a strip of land on which the ability 15
to control a fire is improved by 16
(A) thinning to increase the space be- 17
tween tree crowns, but ensuring that the crowns 18
of trees occupy at least 40 percent of the can- 19
opy; 20
(B) pruning the remaining trees to de- 21
crease the likelihood of a surface fire igniting a 22
crown of a tree; and 23
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(C) reducing brush, dead trees, or large 1
quantities of other flammable vegetation to cre- 2
ate generally an open appearance. 3
(22) SITE-POTENTIAL TREE.The term site- 4
potential tree means the average dominant tree, 5
modeled at 200 years of age, for a given site class. 6
(23) TREE TIPPING AND TREE FELLING AC- 7
TIVITY.The term tree tipping and tree felling ac- 8
tivity means any activity relating to the intentional 9
felling and placement of a tree in a stream or on the 10
forest floor during a timber harvest operation. 11
(24) VEGETATION MANAGEMENT PROJECT. 12
The term vegetation management project means an 13
activity carried out on covered land that involves the 14
cutting of vegetation to achieve the purposes of this 15
Act. 16
SEC. 3. LAND MANAGEMENT. 17
(a) IN GENERAL.Notwithstanding the Act of June 18
9, 1916 (39 Stat. 218, chapter 137), and the Act of Feb- 19
ruary 26, 1919 (40 Stat. 1179, chapter 47), any portion 20
of the revested Oregon and California Railroad grant land 21
or the reconveyed Coos Bay Wagon Road grant land that 22
is under the jurisdiction of the Department shall be man- 23
aged in accordance with this Act. 24
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(b) MANAGEMENT.Covered land shall be man- 1
aged, to the maximum extent practicable, in a manner 2
that achieves or supports 3
(1) provision of a permanent forest produc- 4
tion; 5
(2) protection of watersheds and regulation of 6
stream flow; 7
(3) the economic stability of local communities 8
and industries; and 9
(4) the provision of recreational facilities. 10
(c) GOALS.A management strategy implemented 11
under this section shall seek to achieve goals that 12
(1) take into consideration human and eco- 13
nomic dimensions of the management of covered 14
land; 15
(2) protect the long-term health of forests, 16
wildlife, and waterways, and water supplies; 17
(3) are scientifically sound, ecologically cred- 18
ible, and legally responsible; 19
(4) produce a predictable and sustainable level 20
of timber sales and nontimber resources that do not 21
significantly degrade the environment; and 22
(5) emphasize collaboration among the Federal 23
agencies responsible for management of covered 24
land. 25
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(d) APPLICABILITY OF NORTHWEST FOREST 1
PLAN.The document entitled Northwest Forest Plan 2
Survey and Manage Mitigation Measure Standard and 3
Guidelines shall not apply to any 4
(1) Dry Forestry Emphasis Area; or 5
(2) Moist Forestry Emphasis Area. 6
(e) PUBLIC DOMAIN LAND.Any land depicted as 7
covered lands on the map entitled O & C Land Grant 8
Act of 2014 and dated July 31, 2014, that is not des- 9
ignated as Oregon and California Railroad grant lands 10
under the Act of August 28, 1937 (43 U.S.C. 1181a et 11
seq.), as of the date of enactment of the Oregon and Cali- 12
fornia Land Grant Act of 2014 shall be redesignated as 13
Oregon and California Railroad grant lands under the Act 14
of August 28, 1937 (43 U.S.C. 1181a et seq.), effective 15
beginning on that date of enactment. 16
(f) RESTRICTIONS REGARDING OLD GROWTH 17
TREES. 18
(1) IN GENERAL.The Secretary may not cut 19
or remove an old growth tree within the covered 20
area, except in accordance with this subsection. 21
(2) ADMINISTRATIVE PURPOSES AND SPECIAL 22
USES.The Secretary may cut or remove an old 23
growth tree within the covered area 24
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(A) to carry out a construction or mainte- 1
nance project, if foregoing the removal of the 2
old growth tree would cost the Secretary more 3
than $3,000 in order to meet the objectives of 4
the project; 5
(B) to develop a utility corridor or as 6
part of development, construction, or an up- 7
grade in a utility right-of-way; or 8
(C) to provide for a cultural use by a fed- 9
erally recognized Indian tribe. 10
(3) PUBLIC SAFETY PURPOSES.The Sec- 11
retary may cut or remove an old growth tree within 12
the covered area for public safety purposes, if 13
(A) the Secretary determines the old 14
growth tree is likely to fall within 1 year; and 15
(B) the fall of the old growth tree 16
could 17
(i) injure a member of the public or 18
an employee of the Department that regu- 19
larly is in the vicinity of the old growth 20
tree; or 21
(ii) cause property damage in excess 22
of $3,000. 23
(4) SCIENTIFIC PURPOSES.The Secretary 24
may cut or remove an old growth tree within the 25
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covered area for scientific purposes, if the Secretary 1
determines that obtaining the old growth tree on 2
other land would not be feasible. 3
(5) ADMINISTRATION.In carrying out this 4
subsection, the Secretary shall 5
(A) provide public notice of the location 6
of each old growth tree proposed to be cut or 7
removed, unless the Secretary determines that 8
cutting the old growth tree is necessary to re- 9
spond to an emergency condition; 10
(B) certify the reason for the cutting or 11
removal of the old growth tree; and 12
(C) if more than 5 trees will be cut or re- 13
moved during a 30-day period within 1 district 14
of the Bureau of Land Management, seek pub- 15
lic comment for a period of not less than 7 days 16
regarding the cutting or removal of any old 17
growth tree. 18
(6) PROHIBITION ON COMMERCIAL SALE.An 19
old growth tree cut or removed pursuant to this sub- 20
section may not be sold commercially. 21
(7) PROTOCOLS. 22
(A) IN GENERAL.In complying with the 23
restrictions under this subsection, the Secretary 24
shall 25
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(i) identify, based on the protocols 1
developed under subparagraph (B), trees 2
that are 150 years of age or older, as 3
measured at breast height; and 4
(ii) retain the trees described in 5
clause (i). 6
(B) PROTOCOLS.The Secretary, in col- 7
laboration with an advisory panel to be estab- 8
lished by the Secretary, based on the best avail- 9
able science, shall develop protocols for identi- 10
fying trees that are 150 years of age or older, 11
as measured at breast height. 12
(g) COMPLIANCE WITH EXISTING LAWS.Nothing 13
in this Act modifies any obligation 14
(1) of the Secretary to prepare or implement 15
a land use plan in accordance with section 202 of 16
the Federal Land Policy and Management Act of 17
1976 (43 U.S.C. 1712); 18
(2) under the Endangered Species Act of 1973 19
(16 U.S.C. 1531 et seq.); 20
(3) under the Federal Water Pollution Control 21
Act (33 U.S.C. 1251 et seq.); or 22
(4) under other law, except as expressly pro- 23
vided in this Act. 24
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SEC. 4. AQUATIC AND RIPARIAN PROTECTION. 1
(a) AQUATIC CONSERVATION STRATEGY. 2
(1) IN GENERAL.In managing the covered 3
area, the Secretary shall carry out an aquatic con- 4
servation strategy to maintain and restore natural 5
ecological functions and processes beneficial to water 6
quality and quantity, including temperature and tur- 7
bidity, native fish and wildlife, and watershed resil- 8
ience, including the continued provision of ecosystem 9
services. 10
(2) GOALS.The goals of the aquatic con- 11
servation strategy shall be 12
(A) to protect, maintain, and restore 13
aquatic ecosystems and the associated ecological 14
processes for fish, other aquatic organisms, ri- 15
parian-dependent species, and human needs 16
across a region; 17
(B) to manage aquatic ecosystems in a 18
manner that recognizes that fish and other 19
aquatic organisms evolved within a dynamic en- 20
vironment that is constantly influenced and 21
changed by geomorphic and ecological disturb- 22
ances; 23
(C) to protect important drinking water 24
source areas, and to maintain and restore water 25
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quality necessary to support healthy riparian, 1
aquatic, and wetland ecosystems; and 2
(D) to protect, maintain, and restore 3
instream flows sufficient to create and sustain 4
riparian, aquatic, and wetland habitats and to 5
retain patterns of sediment, nutrient, and wood 6
routing. 7
(3) PROGRAM COMPONENTS.The aquatic 8
conservation strategy under paragraph (1) shall in- 9
corporate 10
(A) riparian reserves in accordance with 11
subsection (b); 12
(B) watershed analysis 13
(i) to develop appropriate manage- 14
ment actions for a watershed, including ad- 15
justment of riparian buffer widths under 16
subsection (b)(3); and 17
(ii) to identify priority actions the 18
Secretary may carry out under subpara- 19
graph (D); 20
(C) key watersheds; and 21
(D) watershed restoration, including 22
(i) activities inside riparian reserves 23
described in subsection (b)(2); and 24
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(ii) stream improvement work de- 1
scribed in section 14(b). 2
(b) RIPARIAN PROTECTION REQUIREMENTS. 3
(1) RIPARIAN BUFFER WIDTHS.In the cov- 4
ered area, the Secretary shall establish riparian buff- 5
ers to protect, maintain, and restore natural ecologi- 6
cal functions and processes for productive aquatic 7
and riparian ecosystems, including water quality and 8
quantity, with the following widths: 9
(A) MOIST FORESTRY EMPHASIS AREAS 10
AND DRY FORESTRY EMPHASIS AREAS.In the 11
Moist Forestry Emphasis Area or Dry Forestry 12
Emphasis Area, the buffer shall extend a dis- 13
tance equal to the height of 1 site-potential tree 14
or 150-feet slope distance, whichever is greater, 15
from 16
(i) a 100-year floodplain; 17
(ii) a natural pond; 18
(iii) a lake; 19
(iv) a fish-bearing stream; 20
(v) a wetland; 21
(vi) a constructed pond; 22
(vii) a reservoir; 23
(viii) a permanently flowing, nonfish- 24
bearing stream; 25
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(ix) an intermittent stream; or 1
(x) a seasonally flowing stream. 2
(B) CONSERVATION EMPHASIS AREA AND 3
OTHER AREAS. 4
(i) IN GENERAL.In the Conserva- 5
tion Emphasis Area, the key watersheds, 6
and land managed by the Bureau of Land 7
Management within the source water em- 8
phasis perimeter depicted on the maps de- 9
scribed in clause (ii), the buffer shall ex- 10
tend a distance equal to the greater of 11
(I) twice the height of a site-po- 12
tential tree or a 300-feet slope dis- 13
tance from a fish-bearing stream, a 14
wetland greater than 1 acre in size, a 15
natural pond, or a lake; and 16
(II) the height of 1 site-poten- 17
tial tree or 150-feet slope distance 18
from a permanently flowing, nonfish- 19
bearing stream, an intermittent 20
stream, a seasonally flowing stream, a 21
wetland smaller than 1 acre in size, a 22
constructed pond, or a reservoir. 23
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(ii) DESCRIPTION OF MAPS.The 1
maps referred to in clause (i) are the maps 2
entitled 3
(I) O&C Land Grant Act of 4
2014: McKenzie Source Water Em- 5
phasis Area and dated July 31, 2014; 6
(II) O&C Land Grant Act of 7
2014: Hillsboro Source Water Empha- 8
sis Area and dated July 31, 2014; 9
(III) O&C Land Grant Act of 10
2014: Clackamas Source Water Em- 11
phasis Area and dated July 31, 2014; 12
and 13
(IV) O&C Land Grant Act of 14
2014: Springfield Source Water Em- 15
phasis Area and dated July 31, 2014. 16
(2) ACTIVITIES INSIDE RIPARIAN RESERVES. 17
(A) INNER ZONE. 18
(i) IN GENERAL.The Secretary 19
shall establish an inner zone within each 20
riparian reserve established under para- 21
graph (1) in accordance with clause (ii), 22
which shall be managed in accordance with 23
clause (iii). 24
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(ii) WIDTHS.The widths of an 1
inner zone established under clause (i) 2
shall be as follows: 3
(I) 120-feet slope distance from 4
a fish-bearing stream of great ecologi- 5
cal importance, as determined by the 6
Secretary. 7
(II) 50-feet slope distance from 8
a nonfish-bearing stream of great eco- 9
logical importance, as determined by 10
the Secretary, in a Moist Forestry 11
Emphasis Area or a Dry Forestry 12
Emphasis Area. 13
(III) 120-feet slope distance 14
from a nonfish-bearing stream, as de- 15
termined by the Secretary, in the 16
Conservation Emphasis Area. 17
(IV) 100-feet slope distance 18
from a fish-bearing stream that is not 19
a stream described in subclauses (I) 20
through (III). 21
(V) 50-feet slope distance from 22
a nonfish-bearing stream that is not a 23
stream described in subclauses (I) 24
through (III). 25
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(iii) MANAGEMENT.Except as pro- 1
vided in clause (iv), the Secretary shall not 2
cut a tree located within an inner zone. 3
(iv) EXCEPTIONS.Notwithstanding 4
clause (iii), the Secretary may cut, or carry 5
out any tree tipping and tree felling activi- 6
ties relating to, any tree located inside an 7
inner zone, as the Secretary determines to 8
be necessary to protect, maintain, or im- 9
prove aquatic and riparian ecosystems, in- 10
cluding water quality. 11
(B) FOREST MANAGEMENT ACTIVITIES. 12
(i) IN GENERAL.The Secretary 13
may carry out thinning and partial cutting 14
in a riparian reserve for ecological restora- 15
tion purposes, including 16
(I) for Moist Forestry Emphasis 17
Areas, variable density and clump- 18
based thinning to accelerate develop- 19
ment of structural and compositional 20
complexity, including accelerating de- 21
velopment of older, large living and 22
dead trees; and 23
(II) for Dry Forestry Emphasis 24
Areas, partial cutting to increase for- 25
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est resilience and old growth tree re- 1
tention. 2
(ii) RETENTION LEVELS. 3
(I) IN GENERAL.Subject to 4
subclause (II), for any cut tree that 5
needs to remain onsite or be placed in 6
a stream in a riparian reserve, the ap- 7
plicable retention level shall be 8
(aa) developed by the Sec- 9
retary, in consultation with the 10
Administrator of the National 11
Oceanic and Atmospheric Admin- 12
istration and the Director of the 13
United States Fish and Wildlife 14
Service; but 15
(bb) not less than
1
3 of the 16
volume of biomass cut. 17
(II) REQUIREMENTS.In estab- 18
lishing retention levels under sub- 19
clause (I), the Secretary, in consulta- 20
tion with the Administrator of the Na- 21
tional Oceanic and Atmospheric Ad- 22
ministration and the Director of the 23
United States Fish and Wildlife Serv- 24
ice, shall take into consideration 25
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(aa) site-specific needs; 1
(bb) the need for wood de- 2
livery to streams; 3
(cc) threats of wildfire; 4
(dd) threats of insects and 5
disease; 6
(ee) restoration objectives; 7
and 8
(ff) other criteria that the 9
Secretary, in consultation with 10
the Administrator of the National 11
Oceanic and Atmospheric Admin- 12
istration and the Director of the 13
United States Fish and Wildlife 14
Service, considers to be critical 15
for the reserves. 16
(III) OTHER STREAMS IN FOR- 17
ESTRY EMPHASIS AREAS. 18
(aa) IN GENERAL.The 19
Secretary shall develop a dem- 20
onstration area of not more than 21
200,000 acres in Moist Forestry 22
Emphasis Areas and Dry For- 23
estry Emphasis Areas to assess 24
the ability to achieve multiple ob- 25
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jectives, including timber produc- 1
tion, in the inner zones of the ri- 2
parian reserves. 3
(bb) LIMITATION.The 4
prohibition under subparagraph 5
(A)(iii) shall not apply to an area 6
described in item (aa). 7
(C) MEASUREMENT.Each riparian re- 8
serve shall be measured from the edge of, as 9
applicable 10
(i) the channel; or 11
(ii) the 100-year floodplain. 12
(D) THINNING MODIFICATION. 13
(i) IN GENERAL.Notwithstanding 14
any thinning provisions relating to 15
thinning outside of a riparian reserve, sub- 16
ject to clause (iii), thinning and other man- 17
agement treatments in riparian reserves in 18
the Moist Forestry Emphasis Area, the 19
Dry Forestry Emphasis Area, and the 20
Conservation Emphasis Area shall only be 21
carried out to promote ecological goals con- 22
sistent with the aquatic conservation strat- 23
egy under subsection (a), including accel- 24
eration of large live and dead trees, in- 25
28
FLO14631 S.L.C.
creasing species diversity (particularly 1
those species with depressed populations), 2
and other goals. 3
(ii) GUIDELINES AND PROTOCOLS. 4
(I) IN GENERAL.Not later 5
than 60 days after the date of enact- 6
ment of the Oregon and California 7
Land Grant Act of 2014, the Sec- 8
retary, in consultation with the Direc- 9
tor of the United States Fish and 10
Wildlife Service, the Administrator of 11
the National Oceanic and Atmospheric 12
Administration, and the Adminis- 13
trator of the Environmental Protec- 14
tion Agency, shall establish 15
(aa) guidelines and proto- 16
cols for appropriate riparian 17
management and thinning based 18
on forest type; and 19
(bb) conditions for inclu- 20
sion in forest management plans 21
under this Act. 22
(II) INCLUSIONS.The guide- 23
lines and protocols established under 24
subclause (I) shall include 25
29
FLO14631 S.L.C.
(aa) a description of appro- 1
priate portions of the riparian re- 2
serves in which no thinning is 3
permitted; and 4
(bb) if allowed, minimum 5
live tree retention levels for 6
thinning operations to achieve 7
the goals of the aquatic conserva- 8
tion strategy. 9
(III) LIMITATION.The guide- 10
lines and protocols established under 11
subclause (I) shall require that 12
thinning in a riparian reserve under 13
this subparagraph shall not occur on 14
any tree aged 80 years or older. 15
(iii) EXCEPTIONAL CIR- 16
CUMSTANCES.In an exceptional cir- 17
cumstance, as determined by the Sec- 18
retary, the Secretary, in consultation with 19
the Director of the United States Fish and 20
Wildlife Service and the Administrator of 21
the National Oceanic and Atmospheric Ad- 22
ministration, may propose a site-specific 23
forest management activity or other man- 24
agement treatments in riparian reserves in 25
30
FLO14631 S.L.C.
the Moist Forestry Emphasis Area, the 1
Dry Forestry Emphasis Area, or the Con- 2
servation Emphasis Area to protect the 3
public from imminent risk or harm. 4
(E) ROADS. 5
(i) IN GENERAL.Except as pro- 6
vided in clause (ii), the Secretary shall not 7
construct a road inside a riparian reserve. 8
(ii) EXCEPTIONS. 9
(I) TEMPORARY ROADS.The 10
Secretary may construct a temporary 11
road to cross a riparian reserve, in- 12
cluding crossing a stream where nec- 13
essary, to complete a vegetation man- 14
agement project, subject to the condi- 15
tions that 16
(aa) there shall be no exist- 17
ing road system or other timber 18
management measure that is fea- 19
sible to use; 20
(bb) the construction of the 21
temporary road shall not ad- 22
versely impact the aquatic or ri- 23
parian ecosystem; and 24
31
FLO14631 S.L.C.
(cc) the Secretary shall 1
seek to minimize the length of 2
the temporary road. 3
(II) PERMANENT ROADS.The 4
Secretary may realign an existing 5
road inside a riparian reserve, includ- 6
ing the replacement of stream cross- 7
ings, if the Secretary determines that 8
the realignment will maintain, restore, 9
or improve aquatic or riparian eco- 10
systems and water quality. 11
(3) ADJUSTMENT OF RIPARIAN RESERVE 12
WIDTHS AND MANAGEMENT OF INNER ZONES. 13
(A) IN GENERAL.Not earlier than 10 14
years after the date of enactment of the Oregon 15
and California Land Grant Act of 2014, and 16
not more frequently than once each 10 years 17
thereafter, the Secretary may adjust the ripar- 18
ian reserve widths established under paragraph 19
(1) on separate bodies of water, subject to the 20
advice of the scientific committee established 21
under subparagraph (B). 22
(B) SCIENTIFIC COMMITTEE. 23
(i) ESTABLISHMENT.The Secretary 24
may establish a scientific committee to de- 25
32
FLO14631 S.L.C.
termine whether the riparian reserve 1
widths and management of the inner zones 2
should be adjusted. 3
(ii) OUTSIDE MEMBERSHIP.In ad- 4
dition to not more than 5 representatives 5
of the Federal Government (including 1 6
representative of each of the Bureau of 7
Land Management, the National Oceanic 8
and Atmospheric Administration, and the 9
United States Fish and Wildlife Service), 10
the scientific committee shall include 5 in- 11
dividuals, to be appointed by the Secretary, 12
who 13
(I) are not full-time employees 14
of the Federal Government; and 15
(II) have expertise relating to 16
aquatic and riparian ecosystems, as 17
demonstrated by 18
(aa) an advanced degree in 19
a related field; and 20
(bb) subsequent relevant 21
work experience. 22
(iii) DUTIES.The scientific com- 23
mittee shall 24
33
FLO14631 S.L.C.
(I) make recommendations re- 1
garding whether the riparian reserve 2
widths and management of the inner 3
zones should be adjusted on individual 4
bodies of water, taking into consider- 5
ation 6
(aa) slope; 7
(bb) road density; 8
(cc) soil type; 9
(dd) the importance of a 10
stream to a salmon population; 11
(ee) the effect on water 12
temperature; 13
(ff) the effect on water 14
quality, including instream flow; 15
(gg) the potential for the 16
delivery or deposition of sediment 17
and wood from upslope sources; 18
and 19
(hh) new scientific informa- 20
tion and understanding; and 21
(II) submit to the Secretary a 22
report including recommendations for 23
adjusting the riparian reserve widths 24
on individual bodies of water and 25
34
FLO14631 S.L.C.
management of the inner zones, sub- 1
ject to clause (iv). 2
(iv) REQUIREMENT.Any adjust- 3
ment to a riparian reserve width rec- 4
ommended by the scientific committee 5
under clause (iii)(II) shall ensure that the 6
total area of riparian reserves in a 5th- 7
level hydrologic unit code watershed is not 8
less than 75 percent, nor more than 125 9
percent, of the total area of riparian re- 10
serves established under paragraph (1). 11
(C) PUBLIC REVIEW & COMMENT.On 12
receipt of the report under subparagraph 13
(B)(iii)(II), the Secretary shall 14
(i) make the report available to the 15
public; and 16
(ii) provide a period of not less than 17
60 days for public comment regarding the 18
recommendations contained in the report. 19
(D) DECISION TO ADJUST.After taking 20
into consideration the report under subpara- 21
graph (B)(iii)(II) and any public comments re- 22
ceived under subparagraph (C)(ii), the Sec- 23
retary may adjust the riparian reserve width on 24
an individual body of water 25
35
FLO14631 S.L.C.
(i) taking into consideration the rec- 1
ommendations included in the report; and 2
(ii) if the Secretary determines that 3
the adjustment would be in the public in- 4
terest. 5
SEC. 5. NOTICE OF INTENT. 6
(a) IN GENERAL.Not later than 30 days after the 7
date of enactment of the Oregon and California Land 8
Grant Act of 2014, the Secretary shall publish in the Fed- 9
eral Register a notice of intent to prepare 10
(1) the landscape prioritization plan required 11
under section 6; and 12
(2) the draft comprehensive environmental im- 13
pact statements required under section 7 for 14
(A) the Moist Forestry Emphasis Area 15
and, of the Conservation Emphasis Areas des- 16
ignated under section 11 17
(i) the Moist Areas Conservation 18
Network; 19
(ii) the Legacy Old Growth Protec- 20
tion Network; 21
(iii) the 4 Drinking Water Special 22
Management Units; 23
(iv) the Molalla National Recreation 24
Area; 25
36
FLO14631 S.L.C.
(v) the Crabtree Valley Primitive 1
Backcountry Area; 2
(vi) the Brummit Fir Primitive 3
Backcountry Area; and 4
(vii) the Special Environmental 5
Zones; and 6
(B) the Dry Forestry Emphasis Area 7
and, of the Conservation Emphasis Areas des- 8
ignated under section 11 9
(i) the Dry Areas Conservation Net- 10
work; 11
(ii) the Rogue National Recreation 12
Area; 13
(iii) the Illinois Valley Salmon and 14
Botanical Area; 15
(iv) the Grizzly Peak Primitive 16
Backcountry Area; 17
(v) the Dakubetede Primitive 18
Backcountry Area; 19
(vi) the Wellington Wildlands Primi- 20
tive Backcountry Area; 21
(vii) the Mungers Butte Primitive 22
Backcountry Area; 23
(viii) the Pacific Crest Trail Cor- 24
ridor; and 25
37
FLO14631 S.L.C.
(ix) the Cascade-Siskiyou National 1
Monument Expansion. 2
(b) PUBLIC COMMENT.During the 45-day period 3
beginning on the date of publication of the notice of intent 4
under subsection (a), the Secretary shall solicit public 5
comments regarding 6
(1) the scope and content of the documents 7
described in subsection (a); and 8
(2) the impacts that the Secretary should ana- 9
lyze regarding the alternatives in the draft com- 10
prehensive environmental impact statements de- 11
scribed in subsection (a)(2). 12
(c) COORDINATION WITH PREPARATION OF LAND 13
USE PLANS.The Secretary may issue the notice of in- 14
tent during, and as a part of, the development or revision 15
of a land use plan required under section 202 of the Fed- 16
eral Land Policy and Management Act of 1976 (43 U.S.C. 17
1712). 18
(d) EARLY INITIATION OF PLANNING AND CON- 19
SULTATION.Not later than 30 days after the date on 20
which a notice of intent is published under subsection (a), 21
the Secretary shall 22
(1) enter into a consultation agreement re- 23
garding the development of any information or docu- 24
ments required to carry out this Act with 25
38
FLO14631 S.L.C.
(A) the United States Fish and Wildlife 1
Service; and 2
(B) the National Oceanic and Atmos- 3
pheric Administration; and 4
(2) invite to serve as cooperating agencies or 5
to provide comments regarding the notice of in- 6
tent 7
(A) the Environmental Protection Agen- 8
cy; 9
(B) the State of Oregon; 10
(C) federally recognized Indian tribes 11
with aboriginal land in the covered area; and 12
(D) affected units of local government. 13
SEC. 6. LANDSCAPE PRIORITIZATION PLANS. 14
(a) IN GENERAL.Not later than 270 days after 15
the date of enactment of the Oregon and California Land 16
Grant Act of 2014, and once every 10 years thereafter, 17
as necessary, the Secretary shall develop and make avail- 18
able to the public a landscape prioritization plan, which 19
shall prioritize vegetation management projects and de- 20
scribe activities to be performed and areas to be estab- 21
lished to satisfy landscape-related needs in the covered 22
land. 23
(b) COMPONENTS. 24
39
FLO14631 S.L.C.
(1) IN GENERAL.Each landscape 1
prioritization plan under this section shall include a 2
description of 3
(A) for Moist Forestry Emphasis Areas 4
(i) landscape-level plans depicting 5
areas of moist forest landscape that will 6
result in distribution of variable retention 7
regeneration harvests to ensure desired 8
placement and the appropriate scale of im- 9
plementation; and 10
(ii) areas that will accelerate develop- 11
ment of complex forest structure, including 12
opportunities to create spatial hetero- 13
geneity (such as creating skips and gaps), 14
in a young stand that has a canopy that 15
has 16
(I) closed; and 17
(II) been simplified through 18
past management; and 19
(B) for Dry Forestry Emphasis Areas 20
(i) a landscape-level plan depicting 21
areas of dry forest landscape that will be 22
left in a denser condition for the 30-year 23
period beginning on the date of enactment 24
40
FLO14631 S.L.C.
of the Oregon and California Land Grant 1
Act of 2014; 2
(ii) areas of any dry forest that may 3
be considered for thinning or restoration 4
treatments beginning on the date that is 5
30 years after the date of enactment of the 6
Oregon and California Land Grant Act of 7
2014; and 8
(iii) areas that will 9
(I) minimize and reduce the risk 10
of unnaturally severe fire and insect 11
outbreaks, particularly if critical com- 12
ponents and values are at risk, includ- 13
ing 14
(aa) communities in the 15
wildland-urban interface (as de- 16
fined in section 101 of the 17
Healthy Forests Restoration Act 18
of 2003 (16 U.S.C. 6511)); and 19
(bb) valuable forest struc- 20
tures, such as old growth trees 21
and oak savannas that are in 22
need of restoration or in danger 23
from a potential fire risk; or 24
41
FLO14631 S.L.C.
(II) restore historical structure 1
and composition and improve fire re- 2
siliency. 3
(2) PROJECTS IN MOIST FORESTRY EMPHASIS 4
AREA. 5
(A) IN GENERAL.Subject to subpara- 6
graph (B), the Secretary shall propose the gen- 7
eral locations in the Moist Forestry Emphasis 8
Area in which the Secretary intends to conduct 9
vegetation management projects during the 30- 10
year period beginning on the date of enactment 11
of the Oregon and California Land Grant Act 12
of 2014. 13
(B) REQUIREMENTS. 14
(i) IN GENERAL.For each consecu- 15
tive 10-year period during the period de- 16
scribed in subparagraph (A), the Secretary 17
shall plan to conduct 18
(I) vegetation management 19
projects under section 9 across stands 20
that comprise 8 percent to 12 percent 21
of the Moist Forestry Emphasis Area, 22
subject to clause (ii); and 23
(II) thinning activities in ac- 24
cordance with section 9. 25
42
FLO14631 S.L.C.
(ii) VEGETATION MANAGEMENT 1
PROJECTS.The locations of the proposed 2
vegetation management projects under 3
clause (i)(I) shall be distributed across the 4
Bureau of Land Management districts, to 5
the maximum extent practicable, in a man- 6
ner that ensures that the timber produced 7
in a given district is approximately propor- 8
tional to the yield that can be produced by 9
the forests in that district. 10
(3) PROJECTS IN DRY FORESTRY EMPHASIS 11
AREA. 12
(A) IN GENERAL.Subject to subpara- 13
graph (B), the Secretary shall propose the loca- 14
tions in the Dry Forestry Emphasis Area in 15
which the Secretary intends to conduct vegeta- 16
tion management projects for each consecutive 17
10-year period during the 30-year period begin- 18
ning on the date of enactment of the Oregon 19
and California Land Grant Act of 2014. 20
(B) LIMITATION.The Secretary shall 21
identify the
1
3 of the area depicted as Dry 22
Forest on the map entitled O&C Land Grant 23
Act of 2014: Moist Forest and Dry Forest and 24
dated July 31, 2014, in which the Secretary 25
43
FLO14631 S.L.C.
will not conduct vegetation management 1
projects in order to maintain habitat for species 2
requiring denser forest conditions, including 3
northern spotted owls. 4
(4) PROJECTS IN CONSERVATION EMPHASIS 5
AREA.The Secretary shall propose the locations in 6
the Conservation Emphasis Area in which the Sec- 7
retary intends to conduct vegetation management 8
projects during the 30-year period beginning on the 9
date of enactment of the Oregon and California 10
Land Grant Act of 2014. 11
(c) COLLABORATION.The Secretary shall develop 12
the landscape prioritization plan under this section in co- 13
ordination with the Director of the United States Fish and 14
Wildlife Service and the Administrator of the National 15
Oceanic and Atmospheric Administration to ensure that 16
the landscape prioritization plan complies with the Endan- 17
gered Species Act of 1973 (16 U.S.C. 1531 et seq.). 18
(d) PUBLIC COMMENT.The Secretary shall solicit 19
public comments regarding the landscape prioritization 20
plan for a period of not less than 60 days after the date 21
on which the Secretary makes the landscape prioritization 22
plan available to the public. 23
(e) REVISED PLAN.The Secretary shall 24
44
FLO14631 S.L.C.
(1) revise the landscape prioritization plan as 1
the Secretary considers to be necessary, based on 2
public comments received under subsection (d); and 3
(2) use and include the revised landscape 4
prioritization plan in the draft comprehensive envi- 5
ronmental impact statement required under section 6
7. 7
(f) COORDINATION WITH PREPARATION OF LAND 8
USE PLANS.The Secretary shall 9
(1) incorporate the landscape prioritization 10
plan into the land use plan that is required to be 11
prepared by the Bureau of Land Management under 12
the Federal Land Policy and Management Act of 13
1976 (43 U.S.C. 1701 et seq.); and 14
(2) implement the landscape prioritization 15
plan regardless of whether a revision of that land 16
use plan has been completed. 17
(g) REEVALUATION.Each area established in a 18
landscape prioritization plan pursuant to subsection (a) 19
shall be reevaluated in the subsequent landscape 20
prioritization plan under this section. 21
SEC. 7. ENVIRONMENTAL COMPLIANCE. 22
(a) IN GENERAL.The Secretary shall implement 23
each 10-years worth of vegetation management projects, 24
including priorities and vegetation management projects 25
45
FLO14631 S.L.C.
identified in a landscape prioritization plan under section 1
6(a), in accordance with the National Environmental Pol- 2
icy Act of 1969 (42 U.S.C. 4321 et seq.) and the require- 3
ments of this section. 4
(b) DRAFT COMPREHENSIVE ENVIRONMENTAL IM- 5
PACT STATEMENTS. 6
(1) IN GENERAL.Not later than 18 months 7
after the date of enactment of the Oregon and Cali- 8
fornia Land Grant Act of 2014, the Secretary shall 9
publish in the Federal Register 2 draft comprehen- 10
sive environmental impact statements for the vegeta- 11
tion management projects proposed to be carried out 12
during the initial 10-year period, of which 13
(A) 1 shall cover the Moist Forestry Em- 14
phasis Area and, of the Conservation Emphasis 15
Areas designated under section 11 16
(i) the Moist Areas Conservation 17
Network; 18
(ii) the Legacy Old Growth Protec- 19
tion Network; 20
(iii) the 4 Drinking Water Special 21
Management Units; 22
(iv) the Molalla National Recreation 23
Area; 24
46
FLO14631 S.L.C.
(v) the Crabtree Valley Primitive 1
Backcountry Area; 2
(vi) the Brummit Fir Primitive 3
Backcountry Area; and 4
(vii) the Special Environmental 5
Zones; and 6
(B) 1 shall cover the Dry Forestry Em- 7
phasis Area and, of the Conservation Emphasis 8
Areas designated under section 11 9
(i) the Dry Areas Conservation Net- 10
work; 11
(ii) the Rogue National Recreation 12
Area; 13
(iii) the Illinois Valley Salmon and 14
Botanical Area; 15
(iv) the Grizzly Peak Primitive 16
Backcountry Area; 17
(v) the Dakubetede Primitive 18
Backcountry Area; 19
(vi) the Wellington Wildlands Primi- 20
tive Backcountry Area; 21
(vii) the Mungers Butte Primitive 22
Backcountry Area; 23
(viii) the Pacific Crest Trail Cor- 24
ridor; and 25
47
FLO14631 S.L.C.
(ix) the Cascade-Siskiyou National 1
Monument Expansion. 2
(2) ALTERNATIVES.Each draft comprehen- 3
sive environmental impact statement under this sub- 4
section shall analyze different locations for the rel- 5
evant vegetation management projects under 6
(A) the no-action alternative; and 7
(B) 3 other alternatives that are con- 8
sistent with sections 9 through 12. 9
(3) CONSULTATION.The Secretary shall con- 10
sult with the Director of the United States Fish and 11
Wildlife Service and the Administrator of the Na- 12
tional Oceanic and Atmospheric Administration in 13
developing each draft comprehensive environmental 14
impact statement under this subsection to ensure 15
compliance with the Endangered Species Act of 16
1973 (16 U.S.C. 1531 et seq.) 17
(A) taking into consideration the intended 18
benefits to species and the environment from 19
the conservation and management prescriptions 20
on the covered land; and 21
(B) in a manner that covers the applica- 22
ble 10-year work period so as to not require re- 23
peated consultation for individual projects on 24
the covered land. 25
48
FLO14631 S.L.C.
(4) ELEMENTS.Each draft comprehensive 1
environmental impact statement shall include an 2
analysis of the impacts of the proposed vegetation 3
management projects on 4
(A) the economy, including 5
(i) timber supply; 6
(ii) payments to counties; 7
(iii) local jobs; and 8
(iv) stability of local industries; 9
(B) water quality and quantity, includ- 10
ing 11
(i) stream flow; 12
(ii) water temperature; 13
(iii) sedimentation; and 14
(iv) municipal water supplies; 15
(C) recreational opportunities and use; 16
(D) fish and wildlife, including 17
(i) species listed as endangered spe- 18
cies or threatened species under the En- 19
dangered Species Act of 1973 (16 U.S.C. 20
1531 et seq.); 21
(ii) aquatic species, including salm- 22
on; 23
(iii) nest trees; and 24
(iv) early seral habitat; 25
49
FLO14631 S.L.C.
(E) roads, including 1
(i) road density; 2
(ii) public access, including access by 3
neighboring landowners; and 4
(iii) access by employees and con- 5
tractors of the Bureau of Land Manage- 6
ment; 7
(F) roadless areas and land with wilder- 8
ness characteristics; 9
(G) cultural sites of federally recognized 10
Indian tribes; 11
(H) the existing integrity of archeological 12
sites; 13
(I) wetlands under the jurisdiction of the 14
Corps of Engineers or delineated by the Nat- 15
ural Resources Conservation Service; 16
(J) highly erodible land; and 17
(K) such other topics provided to the Sec- 18
retary under section 5(b)(2) as the Secretary 19
considers to be important. 20
(5) SPECIFIC INFORMATION FOR PROJECTS. 21
(A) IN GENERAL.For each vegetation 22
management project proposed by the Secretary, 23
the draft comprehensive environmental impact 24
statement shall include an identification of 25
50
FLO14631 S.L.C.
(i) the location of forest stands to be 1
harvested; 2
(ii) the approximate size and timing 3
of the harvest in those stands; and 4
(iii) the specific vegetation treatment 5
recommended for each forest stand. 6
(B) INCLUSION IN LANDSCAPE 7
PRIORITIZATION PLANS.The forest stands 8
identified under subparagraph (A) shall be 9
mapped and included as part of the applicable 10
landscape prioritization plan under section 6(a). 11
(C) ONSITE REVIEWS.In addition to 12
identifying forest stands under subparagraph 13
(A), the Secretary shall conduct onsite reviews 14
to verify, at a minimum 15
(i) riparian and aquatic parameters 16
and assessments; 17
(ii) any streams or aquatic resources 18
within the specific stands; 19
(iii) water quality; 20
(iv) the presence of sensitive or spe- 21
cial status species and habitats; 22
(v) road conditions and information; 23
and 24
(vi) forest stand boundaries. 25
51
FLO14631 S.L.C.
(c) PUBLIC COMMENT.The Secretary shall solicit 1
public comment regarding the draft comprehensive envi- 2
ronmental impact statements under subsection (b) during 3
the 60-day period beginning on the date on which the Sec- 4
retary makes the draft comprehensive environmental im- 5
pact statements available to the public. 6
(d) FINAL COMPREHENSIVE ENVIRONMENTAL IM- 7
PACT STATEMENTS.Not later than 27 months after the 8
date of enactment of the Oregon and California Land 9
Grant Act of 2014, the Secretary 10
(1) shall prepare 2 final comprehensive envi- 11
ronmental impact statements for the vegetation 12
management projects that have been identified in a 13
draft comprehensive environmental impact statement 14
to occur over a 10-year period, of which 15
(A) 1 shall cover the Moist Forestry Em- 16
phasis Area and, of the Conservation Emphasis 17
Areas designated under section 11 18
(i) the Moist Areas Conservation 19
Network; 20
(ii) the Legacy Old Growth Protec- 21
tion Network; 22
(iii) the 4 Drinking Water Special 23
Management Units; 24
52
FLO14631 S.L.C.
(iv) the Molalla National Recreation 1
Area; 2
(v) the Crabtree Valley Primitive 3
Backcountry Area; 4
(vi) the Brummit Fir Primitive 5
Backcountry Area; and 6
(vii) the Special Environmental 7
Zones; and 8
(B) 1 shall cover the Dry Forestry Em- 9
phasis Area and, of the Conservation Emphasis 10
Areas designated under section 11 11
(i) the Dry Areas Conservation Net- 12
work; 13
(ii) the Rogue National Recreation 14
Area; 15
(iii) the Illinois Valley Salmon and 16
Botanical Area; 17
(iv) the Grizzly Peak Primitive 18
Backcountry Area; 19
(v) the Dakubetede Primitive 20
Backcountry Area; 21
(vi) the Wellington Wildlands Primi- 22
tive Backcountry Area; 23
(vii) the Mungers Butte Primitive 24
Backcountry Area; 25
53
FLO14631 S.L.C.
(viii) the Pacific Crest Trail Cor- 1
ridor; and 2
(ix) the Cascade-Siskiyou National 3
Monument Expansion; and 4
(2) shall publish in the Federal Register a no- 5
tice of availability of the final comprehensive envi- 6
ronmental impact statements; and 7
(3) may publish the final comprehensive envi- 8
ronmental impact statements in conjunction with the 9
environmental impact assessments relating to the 10
land use plan developed by the Bureau of Land 11
Management for the covered land. 12
(e) RECORDS OF DECISION. 13
(1) IN GENERAL.Except as provided in para- 14
graph (2), not later than 60 days after the date on 15
which a notice of availability of the final comprehen- 16
sive environmental impact statements is published in 17
the Federal Register under subsection (d)(2), the 18
Secretary shall issue a record of decision relating to 19
the vegetation management projects analyzed in the 20
final comprehensive environmental impact state- 21
ments. 22
(2) EXCEPTION.If person files an objection 23
under section 8(a)(1) relating to a final comprehen- 24
sive environmental impact statement, the Secretary 25
54
FLO14631 S.L.C.
shall publish a record of decision for that final com- 1
prehensive environmental impact statement 2
(A) immediately after the Secretary re- 3
sponds to the objection; or 4
(B) as soon as practicable after the date 5
on which the Secretary modifies the final com- 6
prehensive environmental impact statement to 7
reflect that objection under section 8(a)(4). 8
(3) ADDITIONAL ANALYSES.The Secretary 9
shall not be required to conduct any additional anal- 10
ysis under the National Environmental Policy Act of 11
1969 (42 U.S.C. 4321 et seq.) for a vegetation man- 12
agement project proposed to be carried out under 13
this section, unless the proposed vegetation manage- 14
ment project is outside the scope of the analysis al- 15
ready completed in the applicable final comprehen- 16
sive environmental impact statement. 17
(4) LIMITATION.The Secretary shall not im- 18
plement a vegetation management project earlier 19
than 30 days after the date of publication of a no- 20
tice of initiation of the project. 21
(f) REEVALUATION AND MODIFICATION. 22
(1) IN GENERAL.Not later than 5 years 23
after the date on which a record of decision is issued 24
under subsection (e)(1) relating to a vegetation man- 25
55
FLO14631 S.L.C.
agement project analyzed in a final comprehensive 1
environmental impact statement, the Secretary 2
(A) shall reevaluate the final comprehen- 3
sive environmental impact statement to ensure 4
the vegetation management project is being car- 5
ried out in accordance with this Act and the 6
Endangered Species Act of 1973 (16 U.S.C. 7
1531 et seq.), based on 8
(i) the monitoring assessment de- 9
scribed in section 15(a); and 10
(ii) a determination by the Director 11
of the United States Fish and Wildlife 12
Service and the Administrator of the Na- 13
tional Oceanic and Atmospheric Adminis- 14
tration that the vegetation management 15
project complies with the Endangered Spe- 16
cies Act of 1973 (16 U.S.C. 1531 et seq.); 17
and 18
(B) may amend the final comprehensive 19
environmental impact statement or record of 20
decision 21
(i) to achieve compliance with this 22
Act and the Endangered Species Act of 23
1973 (16 U.S.C. 1531 et seq.); and 24
56
FLO14631 S.L.C.
(ii) after providing a period of not 1
less than 60 days for public comment re- 2
garding any proposed amendment. 3
(2) ACTION DURING REEVALUTATION.The 4
Secretary shall continue to implement any ongoing 5
vegetation management project until the date on 6
which a relevant record of decision is amended under 7
paragraph (1)(B). 8
SEC. 8. OBJECTIONS; CLAIMS; JUDICIAL REVIEW. 9
(a) OBJECTIONS. 10
(1) IN GENERAL.Prior to the publication of 11
a final comprehensive environmental impact state- 12
ment prepared under section 7(d), during the 60-day 13
period described in section 7(e)(1), in lieu of any 14
other appeal that may be available, an eligible per- 15
son may file an objection to the final comprehensive 16
environmental impact statement. 17
(2) ELIGIBILITY.To be eligible to file an ob- 18
jection under paragraph (1), a person shall submit 19
to the Secretary during the 60-day period described 20
in section 7(c) written comments that describe the 21
objections to the action proposed under the final 22
comprehensive environmental impact statement. 23
(3) RESPONSE.The Secretary shall respond 24
in writing to an objection filed under paragraph (1) 25
57
FLO14631 S.L.C.
not later than 30 days after the date on which the 1
objection is filed. 2
(4) AMENDMENT.On receipt of an objection 3
filed under paragraph (1), the Secretary may amend 4
the final comprehensive environmental impact state- 5
ment to reflect the objection. 6
(b) CLAIMS. 7
(1) IN GENERAL.During the first 30 days of 8
the period described in section 7(e)(4), in lieu of any 9
other appeal that may be available, a person may file 10
a claim to protest a proposed vegetation manage- 11
ment project. 12
(2) ELIGIBLE CAUSES OF ACTION.A claim 13
may only be filed under paragraph (1) if 14
(A)(i) a proposed activity under the vege- 15
tation management project is inconsistent with 16
a record of decision; and 17
(ii) the likely impacts of that activity are 18
inconsistent with the impacts analyzed in the 19
final comprehensive environmental impact state- 20
ment; 21
(B) the vegetation management project 22
violates the Endangered Species Act of 1973 23
(16 U.S.C. 1531 et seq.); or 24
58
FLO14631 S.L.C.
(C)(i) unanticipated extraordinary cir- 1
cumstances that would result in significant neg- 2
ative environmental impacts exist within the 3
boundary of a vegetation management project; 4
and 5
(ii) those circumstances were not consid- 6
ered for additional review under section 7(f). 7
(3) RESPONSE.The Secretary shall respond 8
in writing to a claim filed under paragraph (1) not 9
later than 30 days after the date on which the claim 10
is filed. 11
(4) AMENDMENT.On receipt of a claim filed 12
under paragraph (1), the Secretary may 13
(A) amend the scope of the vegetation 14
management project; 15
(B) terminate the vegetation management 16
project; or 17
(C) implement the vegetation manage- 18
ment project as planned. 19
(c) JUDICIAL REVIEW. 20
(1) IN GENERAL.A person may only chal- 21
lenge a covered agency action in a United States dis- 22
trict court by bringing a covered civil action. 23
(2) VENUE.Venue for any covered civil ac- 24
tion shall lie in the United States District Court for 25
59
FLO14631 S.L.C.
the District of Oregon or the United States District 1
Court for the District of Columbia. 2
(3) STANDING.A person shall only be eligible 3
to bring a covered civil action under paragraph (1) 4
if that person that filed 5
(A) an objection under subsection (a)(1); 6
or 7
(B) a claim under subsection (b)(1). 8
(4) ELIGIBILITY.A reviewing court under 9
this subsection shall not consider any issue in a cov- 10
ered civil action unless the issue has previously been 11
raising in writing in the objection or claim described 12
in paragraph (3). 13
(5) LIMITATION OF ACTIONS.A covered civil 14
action shall not be maintained unless the covered 15
civil action commenced not later than 60 days after 16
the date on which the covered agency action to 17
which the covered civil action relates is final. 18
(6) EXPEDITED PROCEEDINGS. 19
(A) DISCOVERY.Discovery shall 20
(i) commence immediately after a 21
covered civil action is commenced; and 22
(ii) conclude not later than 180 days 23
after the date on which a covered civil ac- 24
tion is commenced. 25
60
FLO14631 S.L.C.
(B) TRIAL.A trial shall commence not 1
later than 180 days after the date on which the 2
covered civil action is commenced. 3
(C) EXPEDITIOUS COMPLETION OF JUDI- 4
CIAL REVIEW.Congress encourages a court of 5
competent jurisdiction to expedite, to the max- 6
imum extent practicable, the proceedings in a 7
covered civil action with the goal of rendering 8
a final determination on the merits of the cov- 9
ered civil action as soon as practicable after the 10
date on which a complaint or appeal is filed to 11
initiate the action. 12
(7) APPLICABILITY.Except as otherwise pro- 13
vided in this section, judicial review of a covered 14
agency action shall be conducted in accordance with 15
subchapter II of chapter 5, and chapter 7, of title 16
5, United States Code (commonly known as the Ad- 17
ministrative Procedure Act). 18
(8) INJUNCTIONS. 19
(A) IN GENERAL.Subject to subpara- 20
graph (C), the period of any preliminary injunc- 21
tion and any stay pending appeal relating to a 22
covered agency action shall not exceed 60 days. 23
(B) BALANCING OF SHORT- AND LONG- 24
TERM EFFECTS.As part of the weighing of 25
61
FLO14631 S.L.C.
the equities while considering any request for 1
an injunction that applies to the covered agency 2
action, the court shall balance the short- and 3
long-term impacts on the ecosystem likely to be 4
caused 5
(i) by undertaking the covered agen- 6
cy action; and 7
(ii) by not undertaking the covered 8
agency action. 9
(C) RENEWALS. 10
(i) IN GENERAL.A court of com- 11
petent jurisdiction may issue 1 or more re- 12
newals of any preliminary injunction or 13
stay pending appeal issued under subpara- 14
graph (A). 15
(ii) UPDATES.For each renewal of 16
an injunction or stay pending appeal under 17
this subparagraph, the parties to the cov- 18
ered civil action shall submit to the court 19
updated information on the status of the 20
covered agency action that is the basis of 21
the covered civil action. 22
SEC. 9. MOIST FORESTRY EMPHASIS AREA. 23
(a) IN GENERAL. 24
62
FLO14631 S.L.C.
(1) CONFORMITY WITH PRINCIPLE OF SUS- 1
TAINED YIELD.Timber from the Moist Forestry 2
Emphasis Area shall be sold, cut, and removed in 3
conformity with the principle of sustained yield. 4
(2) PRODUCTION LEVELS.The Secretary 5
shall maintain the highest consistent timber produc- 6
tion levels that can be sustained under the manage- 7
ment intensity described in this section. 8
(3) CALCULATION. 9
(A) IN GENERAL.The Secretary shall 10
calculate 11
(i) the quantity of timber that the 12
Secretary can produce consistently and 13
permanently; and 14
(ii) the quantity of other timber the 15
Secretary can produce, as part of the 16
Moist Forestry Emphasis Area and the 17
portions of the Conservation Emphasis 18
Area, as described in the draft comprehen- 19
sive environmental impact statement under 20
section 7(b)(1)(A). 21
(B) REQUIREMENTS.The Secretary 22
shall 23
63
FLO14631 S.L.C.
(i) calculate the quantities under 1
clauses (i) and (ii) of subparagraph (A) in 2
10-year increments; and 3
(ii) in calculating that quantity, not 4
include the volume of timber that could be 5
offered from riparian reserves established 6
under section 4. 7
(b) MANAGEMENT OF MOIST FORESTRY EMPHASIS 8
AREA. 9
(1) IN GENERAL.Moist Forestry Emphasis 10
Areas shall be managed in accordance with the prin- 11
ciples of ecological forestry (including principles re- 12
lating to variable retention regeneration harvests) 13
described in paragraph (2). 14
(2) ECOLOGICAL FORESTRY PRINCIPLES FOR 15
MOIST FORESTRY EMPHASIS AREAS.The ecological 16
forestry principles referred to in paragraph (1) in- 17
clude 18
(A) the retention of old growth; 19
(B) the seeking of opportunities to retain 20
older trees, if practicable; 21
(C) the acceleration of the development of 22
structural complexity, including spatial hetero- 23
geneity, in younger stands, through the use of 24
64
FLO14631 S.L.C.
diverse silvicultural approaches, such as vari- 1
able density and clump-based prescriptions; 2
(D) the implementation of variable reten- 3
tion regeneration harvesting activities that re- 4
tain approximately
1
3 of the live basal area of 5
the forest within the harvest area, primarily in 6
aggregates, including 7
(i) riparian and other reserves; and 8
(ii) dispersed individual and small 9
clusters of conifers and hardwoods within 10
the harvest area unit, a portion of which 11
may be used for snag creation, except that 12
old growth stands shall not be considered 13
as part of the
1
3 basal area retention; 14
(E) the development and maintenance of 15
early seral ecosystems with diverse species fol- 16
lowing harvesting activities through the use of 17
less intense approaches to site preparation and 18
tree regeneration and nurturing of diverse early 19
seral ecosystems; 20
(F) the use of rotations of sufficient 21
length to allow stands to redevelop with levels 22
of structural complexity and biodiversity char- 23
acteristics of late-successional stands, on the 24
condition that when the stands reach the rota- 25
65
FLO14631 S.L.C.
tion age of the stands, the stands will be regen- 1
erated through variable-retention harvesting; 2
and 3
(G) the establishment of a silvicultural 4
system that includes the development and man- 5
agement of multiaged, mixed-species stands on 6
harvest rotation periods of 80 to 120 years. 7
(3) VARIABLE RETENTION REGENERATION. 8
(A) IN GENERAL.The Secretary shall 9
designate not less than 8 percent and not great- 10
er than 12 percent of the moist forests de- 11
scribed in paragraph (1) as land on which the 12
Secretary shall carry out during each 10-year 13
period variable retention regeneration har- 14
vesting activities, consistent with 15
(i) this section; 16
(ii) section 7(a); and 17
(iii) the environmental impact state- 18
ment required under the National Environ- 19
mental Policy Act of 1969 (42 U.S.C. 20
4321 et seq.). 21
(B) APPLICABILITY.The moist forests 22
designated as variable retention regeneration 23
harvest land under subparagraph (A) shall not 24
66
FLO14631 S.L.C.
be limited to stands that have generally reached 1
the culmination of mean annual increment. 2
(4) THINNING. 3
(A) IN GENERAL.The Secretary shall 4
carry out thinning activities in the moist forests 5
described in paragraph (1) to promote tree 6
growth and ecological health and variability. 7
(B) GOALS.The goal of thinning activi- 8
ties under this paragraph shall be to establish 9
spatially variable stand densities and complex 10
canopies using thinning regimes that enhance 11
the structural and compositional diversity of the 12
stand and individual tree development. 13
(C) LIMITATIONS. 14
(i) IN GENERAL.In carrying out 15
thinning activities under this paragraph, 16
the Secretary shall not reduce the total 17
basal area of the stand (as determined on 18
the date on which the thinning activities 19
commence) by greater than 50 percent. 20
(ii) OLD GROWTH TREES.The Sec- 21
retary shall exclude old growth trees from 22
thinning activities under this paragraph. 23
(5) EXCEPTION.The Secretary may harvest 24
a stand that has not reached the culmination of 25
67
FLO14631 S.L.C.
mean annual increment in order to offer the quan- 1
tity of timber calculated under subsection (a)(3). 2
(c) ROADS. 3
(1) IN GENERAL.The Secretary shall not in- 4
crease the total quantity of mileage of permanent, 5
system roads that are operational in the Moist For- 6
estry Emphasis Area to a quantity greater than the 7
quantity of mileage in existence on the date of enact- 8
ment of the Oregon and California Land Grant Act 9
of 2014. 10
(2) SYSTEM ROADS.The Secretary 11
(A) may construct new system roads to 12
carry out a vegetation management project 13
under this Act; and 14
(B) subject to the availability of appro- 15
priations and to the maximum extent prac- 16
ticable without causing an increase in costs as- 17
sociated with vegetation management projects, 18
shall reduce the quantity of mileage of system 19
roads. 20
(3) NON-SYSTEM ROADS.Subject to the 21
availability of appropriations, the Secretary shall an- 22
nually reduce the total quantity of mileage of non- 23
system roads. 24
68
FLO14631 S.L.C.
(4) TEMPORARY ROADS.If the Secretary 1
constructs a temporary road as part of a vegetation 2
management project, the Secretary shall close and 3
decommission the temporary road not later than the 4
earlier of 5
(A) the date that is 2 years after the date 6
on which the activity for which the temporary 7
road was constructed is completed; and 8
(B) the date that is 1 year after the date 9
on which the vegetation management project is 10
completed. 11
SEC. 10. DRY FORESTRY EMPHASIS AREA. 12
(a) IN GENERAL.The Secretary shall manage the 13
Dry Forestry Emphasis Area to increase the resiliency of 14
the stands by reducing the risk from severe wildfires, 15
droughts, and insect or disease outbreaks. 16
(b) REQUIREMENTS.The Secretary shall maintain 17
or restore conditions of tree density, tree composition, and 18
tree size distribution that will result in a stand with a high 19
level of resistance and resilience to wildfire, drought, and 20
insect attack. 21
(c) PRIORITY.In carrying out vegetation manage- 22
ment projects, the Secretary shall give priority to areas 23
that contain important components, including 24
69
FLO14631 S.L.C.
(1) communities in the wildland-urban inter- 1
face (as defined in section 101 of the Healthy For- 2
ests Restoration Act of 2003 (16 U.S.C. 6511)); and 3
(2) valuable forest structures, such as old 4
growth trees and oak savannas that are in need of 5
restoration or are in danger from potential fire risk. 6
(d) MANAGEMENT OF DRY FORESTRY EMPHASIS 7
AREAS. 8
(1) IN GENERAL.Dry Forestry Emphasis 9
Areas shall be managed in accordance with 10
(A) ecological forestry principles de- 11
scribed in paragraph (2); and 12
(B) as determined necessary by the Sec- 13
retary, with fire resiliency needs, consistent 14
with this subsection. 15
(2) ECOLOGICAL FORESTRY PRINCIPLES IN 16
DRY FORESTS.The ecological forestry principles re- 17
ferred to in paragraph (1) include 18
(A) the retention and improvement of the 19
survivability of old growth trees through the re- 20
duction of adjacent fuels and competing vegeta- 21
tion to promote resilience against mortality 22
from insects, disease, and fire; 23
70
FLO14631 S.L.C.
(B) the retention and protection of impor- 1
tant structures such as large hardwoods, snags, 2
and logs; 3
(C) the reduction of overall stand den- 4
sities through partial cutting in an effort 5
(i) to reduce basal areas to desired 6
levels, particularly in overstocked stands; 7
(ii) to increase the mean stand di- 8
ameter; 9
(iii) to shift the composition of 10
stands to fire- and drought-tolerant spe- 11
cies; and 12
(iv) to retain older trees for replace- 13
ment purposes; 14
(D) the restoration of spatial hetero- 15
geneity through the variation of the treatment 16
of stands, such as by leaving untreated patches, 17
creating openings of not more than 2.5 acres, 18
and establishing tree clumps and isolated single 19
trees; 20
(E) the establishment of new tree cohorts 21
of shade-intolerant species in created openings, 22
generally varying in size between 0.2 and 2.5 23
acres; 24
71
FLO14631 S.L.C.
(F) the harvesting of timber during the 1
restoration process; 2
(G) the maintenance of sustainable and 3
fire-resilient conditions in perpetuity through 4
active management of the dry forests in accord- 5
ance with this subsection, including the treat- 6
ment of activity fuels and the restoration of his- 7
toric levels of surface fuels and understory vege- 8
tation using prescribed fire and mechanical ac- 9
tivities; 10
(H) the planning and implementation of 11
activities at the landscape level to maintain not 12
less than
1
3 of the dry forests as denser land- 13
scape-scale patches to provide greater forest 14
density for endangered and threatened species 15
and the prey of those species; and 16
(I) the retention of a basal area after a 17
partial cut that is not less than 35 percent of 18
the initial basal area of the sale area. 19
(e) ROADS. 20
(1) IN GENERAL.The Secretary shall not in- 21
crease the total quantity of mileage of system roads 22
that are operational in the Dry Forestry Emphasis 23
Area to a quantity greater than the quantity of mile- 24
72
FLO14631 S.L.C.
age in existence on the date of enactment of the Or- 1
egon and California Land Grant Act of 2014. 2
(2) SYSTEM ROADS.The Secretary 3
(A) may construct new system roads to 4
carry out a vegetation management project; and 5
(B) subject to the availability of appro- 6
priations, shall decommission or place into stor- 7
age all system roads that the Secretary has not 8
planned to use in the next 10 years for vegeta- 9
tion management projects or administrative 10
purposes. 11
(3) NONSYSTEM ROADS.Subject to the avail- 12
ability of appropriations, the Secretary shall annu- 13
ally reduce the total quantity of mileage of non- 14
system roads. 15
(4) TEMPORARY ROADS.If the Secretary 16
constructs a temporary road as part of a vegetation 17
management project, the Secretary shall close and 18
decommission the temporary road not later than the 19
earlier of 20
(A) the date that is 2 years after the date 21
on which the activity for which the temporary 22
road was constructed is completed; and 23
73
FLO14631 S.L.C.
(B) the date that is 1 year after the date 1
on which the vegetation management project is 2
completed. 3
SEC. 11. CONSERVATION EMPHASIS AREAS. 4
(a) CONSERVATION NETWORKS.To provide gen- 5
eral ecological benefits and protect conservation values, 6
the following areas in the State of Oregon are designated 7
as conservation networks for management by the Sec- 8
retary in accordance with subsection (h): 9
(1) DRY AREAS CONSERVATION NETWORK. 10
The approximately 132,000 acres of land managed 11
by the Secretary, as depicted as Dry Areas Con- 12
servation Network on the map entitled O & C Land 13
Grant Act of 2014: Conservation Networks and 14
dated July 31, 2014, which is designated as the 15
Dry Areas Conservation Network, the purpose of 16
which is to create dry forest reserves that provide 17
ecological benefits and protect conservation values, 18
including providing old growth and late successional 19
habitat, aquatic and riparian protection, fish and 20
wildlife benefits, recreational and educational oppor- 21
tunities, and other natural processes needed for the 22
healthy functioning of the ecosystem. 23
(2) MOIST AREAS CONSERVATION NETWORK. 24
The approximately 403,000 acres of land managed 25
74
FLO14631 S.L.C.
by the Secretary, as depicted as Moist Areas Con- 1
servation Network on the map entitled O & C Land 2
Grant Act of 2014: Conservation Networks and 3
dated July 31, 2014, which is designated as the 4
Moist Areas Conservation Network, the purpose of 5
which is to create moist forest reserves that provide 6
ecological benefits and protect conservation values, 7
including providing old growth and late successional 8
habitat, aquatic and riparian protection, fish and 9
wildlife benefits, recreational and educational oppor- 10
tunities, and other natural processes needed for the 11
healthy functioning of the ecosystem. 12
(b) LEGACY OLD GROWTH PROTECTION NET- 13
WORK.The approximately 480,000 acres of land man- 14
aged by the Secretary, as depicted on the map entitled 15
O & C Land Grant Act of 2014: Legacy Old Growth Pro- 16
tection Network and dated July 31, 2014, which is des- 17
ignated as the Legacy Old Growth Protection Network, 18
the purpose of which is to protect and preserve stands 19
that, as of the date of enactment of the Oregon and Cali- 20
fornia Land Grant Act of 2014, are at least 120 years 21
old and shall be managed by the Secretary in a manner 22
that does not allow harvesting of any tree within the area. 23
(c) SPECIAL MANAGEMENT UNITS. 24
75
FLO14631 S.L.C.
(1) DESIGNATION.To ensure the protection 1
of the watersheds as a source of clean drinking 2
water, to safeguard the water quality and quantity 3
in the areas, and to allow visitors to enjoy the spe- 4
cial scenic, natural, cultural, and fish and wildlife 5
values of the watersheds, the following areas in the 6
State of Oregon are designated as special manage- 7
ment units for special management by the Secretary 8
in accordance with subsection (h) and this sub- 9
section: 10
(A) MCKENZIE DRINKING WATER SPE- 11
CIAL MANAGEMENT UNIT.The approximately 12
12,042 acres of land managed by the Secretary 13
, as depicted on the map entitled O&C Land 14
Grant Act of 2014:McKenzie Source Water 15
Emphasis Area and dated July 31, 2014, 16
which is designated as the McKenzie Drinking 17
Water Special Management Unit. 18
(B) HILLSBORO DRINKING WATER SPE- 19
CIAL MANAGEMENT UNIT.The approximately 20
1,243 acres of land managed by the Secretary, 21
as depicted on the map entitled O&C Land 22
Grant Act of 2014: Hillsboro Source Water 23
Emphasis Area and dated July 31, 2014, 24
76
FLO14631 S.L.C.
which is designated as the Hillsboro Drinking 1
Water Special Management Unit. 2
(C) CLACKAMAS DRINKING WATER SPE- 3
CIAL MANAGEMENT UNIT.The approximately 4
416 acres of land managed by the Secretary, as 5
depicted on the map entitled O&C Land Grant 6
Act of 2014: Clackamas Source Water Empha- 7
sis Area and dated July 31, 2014, which is 8
designated as the Clackamas Drinking Water 9
Special Management Unit. 10
(D) SPRINGFIELD DRINKING WATER SPE- 11
CIAL MANAGEMENT UNIT.The approximately 12
3,161 acres of land managed by the Secretary, 13
as depicted on the map entitled O&C Land 14
Grant Act of 2014: Springfield Source Water 15
Emphasis Area and dated July 31, 2014, 16
which is designated as the Springfield Drinking 17
Water Special Management Unit. 18
(2) LIVESTOCK.The grazing of livestock 19
shall not be allowed within a special management 20
unit designated by paragraph (1). 21
(d) NATIONAL RECREATION AREAS.To protect, 22
conserve, and enhance the unique and nationally impor- 23
tant recreational, ecological, scenic, cultural, watershed, 24
and fish and wildlife values of the areas, the following 25
77
FLO14631 S.L.C.
areas in the State of Oregon are designated as recreation 1
areas for management by the Secretary in accordance with 2
subsection (h): 3
(1) ROGUE NATIONAL RECREATION AREA. 4
The approximately 94,700 acres of Bureau of Land 5
Management land, as depicted on the map entitled 6
O&C Land Grant Act of 2014: Rogue National 7
Recreation Area and dated July 31, 2014, which is 8
designated as the Rogue National Recreation Area. 9
(2) MOLALLA NATIONAL RECREATION AREA. 10
The approximately 24,100 acres of Bureau of Land 11
Management land, as depicted on the map entitled 12
O&C Land Grant Act of 2014: Molalla National 13
Recreation Area and dated July 31, 2014, which is 14
designated as the Molalla National Recreation 15
Area. 16
(e) SPECIAL MANAGEMENT AREAS.To provide for 17
the protection, preservation and enhancement of the nat- 18
ural character, scientific use, and the botanical, rec- 19
reational, ecological, fish and wildlife, scenic, and cultural 20
values of the areas and to preserve opportunities for primi- 21
tive recreation in areas in which preservation is prac- 22
ticable, the following areas in the State of Oregon are des- 23
ignated for special management by the Secretary in ac- 24
cordance with subsection (h): 25
78
FLO14631 S.L.C.
(1) ILLINOIS VALLEY SALMON AND BOTANICAL 1
SPECIAL MANAGEMENT AREA.The approximately 2
7,200 acres of Bureau of Land Management land, 3
as depicted on the map entitled O&C Land Grant 4
Act of 2014: Illinois Valley Salmon and Botanical 5
Area and dated July 31, 2014, which is designated 6
as the Illinois Valley Salmon and Botanical Special 7
Management Area. 8
(2) GRIZZLY PEAK PRIMITIVE BACKCOUNTRY 9
SPECIAL MANAGEMENT AREA.The approximately 10
2,100 acres of Bureau of Land Management land, 11
as depicted on the map entitled O&C Land Grant 12
Act of 2014: Grizzly Peak Primitive Backcountry 13
Area and dated July 31, 2014, which is designated 14
as the Grizzly Peak Primitive Backcountry Special 15
Management Area. 16
(3) DAKUBETEDE PRIMITIVE BACKCOUNTRY 17
SPECIAL MANAGEMENT AREA.The approximately 18
21,200 acres of Bureau of Land Management land, 19
as depicted on the map entitled O&C Land Grant 20
Act of 2014: Dakubetede Primitive Backcountry 21
Area and dated July 31, 2014, which is designated 22
as the Dakubetede Primitive Backcountry Special 23
Management Area. 24
79
FLO14631 S.L.C.
(4) WELLINGTON WILDLANDS PRIMITIVE 1
BACKCOUNTRY SPECIAL MANAGEMENT AREA.The 2
approximately 5,700 acres of Bureau of Land Man- 3
agement land, as depicted on the map entitled O&C 4
Land Grant Act of 2014: Wellington Wildlands 5
Primitive Backcountry Area and dated July 31, 6
2014, which is designated as the Wellington 7
Wildlands Primitive Backcountry Special Manage- 8
ment Area. 9
(5) MUNGERS BUTTE PRIMITIVE 10
BACKCOUNTRY SPECIAL MANAGEMENT AREA.The 11
approximately 10,200 acres of Bureau of Land Man- 12
agement land, as depicted on the map entitled O&C 13
Land Grant Act of 2014: Mungers Butte Primitive 14
Backcountry Area and dated July 31, 2014, which 15
is designated as the Mungers Butte Primitive 16
Backcountry Special Management Area. 17
(6) BRUMMIT FIR PRIMITIVE BACKCOUNTRY 18
SPECIAL MANAGEMENT AREA.The approximately 19
2,000 acres of Bureau of Land Management land, 20
as depicted on the map entitled O&C Land Grant 21
Act of 2014: Brummit Fir Primitive Backcountry 22
Area and dated July 31, 2014, which is designated 23
as the Brummit Fir Primitive Backcountry Special 24
Management Area. 25
80
FLO14631 S.L.C.
(7) CRABTREE VALLEY PRIMITIVE 1
BACKCOUNTRY SPECIAL MANAGEMENT AREA.The 2
approximately 2,100 acres of Bureau of Land Man- 3
agement land, as depicted on the map entitled O&C 4
Land Grant Act of 2014: Crabtree Valley Primitive 5
Backcountry Area and dated July 31,2014, which is 6
designated as the Crabtree Valley Primitive 7
Backcountry Special Management Area. 8
(8) SPECIAL ENVIRONMENTAL ZONE SPECIAL 9
MANAGEMENT AREA.The approximately 95,767 10
acres of land administered by the Secretary, as de- 11
picted on the map entitled O&C Land Grant Act of 12
2014: Special Environmental Zones and dated July 13
31, 2014, which is designated as the Special Envi- 14
ronmental Zone Special Management Area. 15
(f) CASCADE-SISKIYOU NATIONAL MONUMENT EX- 16
PANSION.Subject to valid existing rights, the Secretary 17
shall administer the approximately 2,050 acres of land ad- 18
ministered by the Director of the Bureau of Land Man- 19
agement depicted on the map entitled O&C Land Grant 20
Act of 2014: Cascade-Siskiyou National Monument Ex- 21
pansion and Pacific Crest Trail Protection Corridor and 22
dated July 31, 2014, as part of the Cascade-Siskiyou Na- 23
tional Monument. 24
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(g) PACIFIC CREST TRAIL PROTECTION COR- 1
RIDOR. 2
(1) ESTABLISHMENT.There is designated in 3
the State of Oregon a trail corridor for the Pacific 4
Crest National Scenic Trail, to be known as the Pa- 5
cific Crest Trail Protection Corridor, consisting of 6
certain Bureau of Land Management land located 7
within approximately
1
4 mile on either side of the 8
Pacific Crest National Scenic Trail, as depicted on 9
the map entitled O&C Land Grant Act of 2014: 10
Cascade-Siskiyou National Monument Expansion 11
and Pacific Crest Trail Protection Corridor and 12
dated July 31, 2014, to be managed by the Sec- 13
retary in accordance with subsection (h). 14
(2) PURPOSES.The purposes of the Pacific 15
Crest Trail Protection Corridor are to protect and 16
enhance the recreational, scenic, historic, and wild- 17
life values of the Pacific Crest National Scenic Trail 18
in as natural and undeveloped a state as practicable. 19
(3) FOREST ROADS.Forest roads crossing 20
the Pacific Crest Trail Protection Corridor or within 21
the Pacific Crest Trail Protection Corridor shall be 22
limited to those necessary for the proper use and ad- 23
ministration of adjacent public land, as determined 24
by the Secretary in applicable management plans. 25
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(h) ADMINISTRATION. 1
(1) MAPS AND LEGAL DESCRIPTIONS. 2
(A) IN GENERAL.As soon as practicable 3
after the date of enactment of the Oregon and 4
California Land Grant Act of 2014, the Sec- 5
retary shall a prepare a map and legal descrip- 6
tion of each Conservation Emphasis Area. 7
(B) EFFECT.The maps and legal de- 8
scriptions prepared under subparagraph (A) 9
shall have the same force and effect as if in- 10
cluded in this Act, except that the Secretary 11
may correct any minor errors in the maps and 12
legal descriptions. 13
(C) PUBLIC AVAILABILITY.The maps 14
and legal descriptions prepared under subpara- 15
graph (A) shall be available for public inspec- 16
tion in the appropriate offices of the Bureau of 17
Land Management. 18
(2) ADMINISTRATION. 19
(A) APPLICABLE LAW.The Secretary 20
shall administer each Conservation Emphasis 21
Area 22
(i) in a manner that conserves, pro- 23
tects, and enhances the resources and val- 24
83
FLO14631 S.L.C.
ues of the Conservation Emphasis Area; 1
and 2
(ii) in accordance with 3
(I) this subsection; 4
(II) the Federal Land Policy 5
and Management Act of 1976 (43 6
U.S.C. 1701 et seq.); and 7
(III) any other applicable Fed- 8
eral laws. 9
(B) USES.The Secretary shall only 10
allow uses of a Conservation Emphasis Area 11
that are consistent with the purposes and val- 12
ues for which the Conservation Emphasis Area 13
is established. 14
(C) WITHDRAWAL.Subject to valid ex- 15
isting rights, all Federal surface and subsurface 16
land within a Conservation Emphasis Area is 17
withdrawn from 18
(i) all forms of entry, appropriation, 19
or disposal under the public land laws; 20
(ii) location, entry, and patent under 21
the mining laws; and 22
(iii) operation under the mineral 23
leasing and geothermal leasing laws. 24
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FLO14631 S.L.C.
(3) ADJACENT MANAGEMENT.Nothing in 1
this section creates any protective perimeter or buff- 2
er zone around an area designated under this sec- 3
tion. 4
(4) USE OF MOTORIZED VEHICLES.The use 5
of motorized vehicles within the Conservation Em- 6
phasis Area (other than a conservation network des- 7
ignated by subsection (a)) shall be limited to roads 8
allowed by the Secretary for such use, provided that 9
the Secretary may allow off-road vehicle use in des- 10
ignated portions of the areas designated by this sec- 11
tion. 12
(5) FOREST MANAGEMENT. 13
(A) IN GENERAL.Subject to subpara- 14
graph (B), in the Conservation Emphasis Area 15
(other than a special management area des- 16
ignated by subsection (e)), the cutting, sale, or 17
removal of timber may be permitted 18
(i) to the extent necessary to im- 19
prove the health of a forest in a manner 20
that 21
(I) maximizes the retention of 22
large trees 23
(aa) as appropriate for the 24
forest type; and 25
85
FLO14631 S.L.C.
(bb) to the extent that the 1
trees promote stands that are fire 2
resilient and healthy; 3
(II) improves the habitats of 4
threatened or endangered species or 5
species considered sensitive by the 6
Secretary over the long term after 7
completion of the timber removal 8
project; 9
(III) maintains or restores the 10
composition and structure of the eco- 11
system by reducing the risk of 12
uncharacteristic wildfire; or 13
(IV) in the case of harvests in 14
moist forest sites, is conducted 15
(aa) through variable den- 16
sity and clump based thinning; 17
(bb) in stands up to 80 18
years of age to accelerate the de- 19
velopment of structurally complex 20
forest conditions; and 21
(cc) in a manner that re- 22
tains older trees and old growth 23
trees; 24
86
FLO14631 S.L.C.
(ii) to carry out an approved man- 1
agement activity in furtherance of the pur- 2
poses for which the Conservation Emphasis 3
Area was established, if the cutting, sale, 4
or removal of timber is incidental to the 5
management activity; or 6
(iii) for de minimis personal or ad- 7
ministrative use within the Conservation 8
Emphasis Area, if the use would not im- 9
pact the purposes for which the Conserva- 10
tion Emphasis Area was established. 11
(B) EXCEPTIONS.Notwithstanding sub- 12
paragraph (A), forest thinning and vegetation 13
treatments may be permitted in a special man- 14
agement area designated by subsection (e), if 15
the purpose of the treatments is 16
(i) to improve forest health in a case 17
in which the forest is threatened by fire, 18
an insect outbreak, or disease; 19
(ii) to improve or maintain rec- 20
reational facilities and opportunities; or 21
(iii) to protect public health or safe- 22
ty. 23
87
FLO14631 S.L.C.
SEC. 12. LAND OWNERSHIP CONSOLIDATIONS. 1
(a) IN GENERAL.The Secretary shall seek to con- 2
solidate Federal land and non-Federal land by exchanging 3
or conveying covered land and by acquiring non-Federal 4
land to create more contiguous blocks of land under the 5
jurisdiction of the Secretary 6
(1) to facilitate the administration of the 7
Moist Forestry Emphasis Area or Dry Forestry Em- 8
phasis Area; or 9
(2) to better provide for the management ob- 10
jectives of the Conservation Emphasis Areas. 11
(b) REVIEW.Not later than 270 days after the 12
date of enactment of the Oregon and California Land 13
Grant Act of 2014, the Secretary shall review and inven- 14
tory the Moist Forestry Emphasis Area to identify any 15
public land in the Moist Forestry Emphasis Area that 16
(1) as the result of location or other char- 17
acteristic, is no longer necessary or appropriate for 18
continued Federal management in accordance with 19
this Act; or 20
(2) is determined to facilitate achieving any of 21
the purposes described in subsection (a). 22
(c) LAND EXCHANGES.In accordance with section 23
206 of the Federal Land Policy and Management Act of 24
1976 (43 U.S.C. 1716), the Secretary may exchange Fed- 25
eral land in the Moist Forestry Emphasis Area or the Dry 26
88
FLO14631 S.L.C.
Forestry Emphasis Area or interests in the Federal land 1
for adjacent non-Federal land or interests in the non-Fed- 2
eral land if 3
(1) the Federal land does not contain critical 4
habitat for a species listed under the Endangered 5
Species Act of 1973 (16 U.S.C. 1531 et seq.); 6
(2) the Federal land is not identified in the 7
landscape prioritization plan developed under section 8
6(a); 9
(3) the Secretary determines that the land ex- 10
change would facilitate the administration of the 11
Moist Forestry Emphasis Area or Dry Forestry Em- 12
phasis Area; and 13
(4) the Secretary determines that the land ex- 14
change is in the public interest. 15
(d) SALE OF COVERED LAND. 16
(1) ESTABLISHMENT.In accordance with the 17
applicable land use plan prepared under section 202 18
of the Federal Land Policy and Management Act of 19
1976 (43 U.S.C. 1712), the Secretary shall establish 20
a program to complete appraisals and satisfy other 21
legal requirements for the sale of covered land and 22
the acquisition of non-Federal land under this sub- 23
section. 24
89
FLO14631 S.L.C.
(2) DISPOSAL.In accordance with sections 1
203 and 209 of the Federal Land Policy and Man- 2
agement Act of 1976 (43 U.S.C. 1713, 1719), the 3
Secretary may sell not more than 50,000 acres of 4
covered land. 5
(3) PRIORITY SALES. 6
(A) IN GENERAL.In determining which 7
parcels of covered land to sell under this sec- 8
tion, the Secretary 9
(i) shall sell parcels of covered land 10
that are not contiguous to other land in 11
the Moist Forestry Emphasis Area to fa- 12
cilitate the administration of the Moist 13
Forestry Emphasis Area; 14
(ii) shall sell parcels of covered land 15
that are not contiguous to other land in 16
the Dry Forestry Emphasis Area to facili- 17
tate the administration of the Dry For- 18
estry Emphasis Area; and 19
(iii) may seek to fulfill the manage- 20
ment objectives for the Conservation Em- 21
phasis Areas by selling parcels of land in 22
the Conservation Emphasis Areas identi- 23
fied as candidates for disposal on the list 24
prepared under subparagraph (B)(i). 25
90
FLO14631 S.L.C.
(B) CONSERVATION EMPHASIS AREAS. 1
(i) LIST.A parcel of land in a Con- 2
servation Emphasis Area may be sold 3
under subparagraph (A)(iii) if the parcel is 4
identified as a candidate for disposal on a 5
list prepared by a committee established 6
under clause (ii) that identifies parcels in 7
the Conservation Emphasis Areas that do 8
not align with the management objectives 9
for the Conservation Emphasis Areas es- 10
tablished under section 11. 11
(ii) COMMITTEE.A committee re- 12
ferred to in clause (i) is a committee estab- 13
lished by the Secretary that is comprised 14
of at least 15
(I) 1 member that is a fish and 16
wildlife expert; 17
(II) 1 member that is a forestry 18
expert; 19
(III) I member that represents 20
a conservation organization; 21
(IV) 1 member that represents 22
the State of Oregon; and 23
91
FLO14631 S.L.C.
(V) 1 member that represents a 1
unit of local government in the State 2
of Oregon. 3
(4) LIMITATION.The Secretary shall not sell 4
covered land under this subsection that has been 5
identified as critical habitat for a species listed 6
under the Endangered Species Act of 1973 (16 7
U.S.C. 1531 et seq.). 8
(e) RECREATION AND PUBLIC PURPOSES CONVEY- 9
ANCES.The Secretary may elect to convey land in a Con- 10
servation Emphasis Area to the State of Oregon or a unit 11
of local government in the State of Oregon pursuant to 12
the Act of June 14, 1926 (commonly known as the Recre- 13
ation and Public Purposes Act) (43 U.S.C. 869 et seq.). 14
(f) USE OF PROCEEDS. 15
(1) IN GENERAL.Notwithstanding any other 16
provision of law, the gross proceeds from a sale of 17
covered land under this section shall 18
(A) in the case of covered land sold with- 19
in the Moist Forestry Emphasis Area, be depos- 20
ited into a separate account in the Treasury to 21
be known as the O&C LandMoist Forestry 22
Emphasis Area Acquisition Account; 23
(B) in the case of covered land sold with- 24
in the Dry Forestry Emphasis Area, be depos- 25
92
FLO14631 S.L.C.
ited into a separate account in the Treasury to 1
be known as the O&C LandDry Forestry 2
Emphasis Area Acquisition Account; and 3
(C) in the case of covered land sold with- 4
in a Conservation Emphasis Area, be deposited 5
into a separate account in the Treasury to be 6
known as the O&C LandConservation Em- 7
phasis Area Acquisition Account. 8
(2) AVAILABILITY. 9
(A) IN GENERAL.Amounts in the ac- 10
counts described in paragraph (1) shall be 11
available to the Secretary until expended, with- 12
out further appropriation, to acquire, in accord- 13
ance with section 205 of the Federal Land Pol- 14
icy and Management Act of 1976 (43 U.S.C. 15
1715), non-Federal land or interests in non- 16
Federal land from willing sellers, if acquisition 17
of the non-Federal land would meet 1 or more 18
of the purposes described in subsection (a). 19
(B) CONSULTATION REQUIRED. 20
(i) IN GENERAL.To determine 21
whether an acquisition of non-Federal land 22
under subparagraph (A) is in the public in- 23
terest, the Secretary shall consult with and 24
consider comments from 25
93
FLO14631 S.L.C.
(I) the State of Oregon; 1
(II) the unit of local government 2
that has jurisdiction over the area in 3
which the non-Federal land is located; 4
(III) the Director of the United 5
States Fish and Wildlife Service; 6
(IV) the Director of the Na- 7
tional Marine Fisheries Service; and 8
(V) the public. 9
(ii) APPLICABLE LAW.Consultation 10
required under clause (i) shall be in addi- 11
tion to any other consultation required by 12
law. 13
(3) ADMINISTRATIVE EXPENSES.An amount 14
not to exceed 20 percent of the amounts deposited 15
in the accounts described in paragraph (1) may be 16
used by the Secretary for administrative and other 17
expenses necessary to carry out the activities author- 18
ized in this section. 19
(g) BALANCE IN ACCOUNTS.The Secretary shall 20
administer the balance in the accounts described in sub- 21
section (f)(1) as follows: 22
(1) The Secretary shall not complete the sale 23
of more than 5,000 acres of the land identified 24
under subsection (b) prior to obligating funds from 25
94
FLO14631 S.L.C.
the accounts described in subsection (f)(1) for the 1
acquisition of at least 1 parcel. 2
(2) The Secretary shall seek to keep the bal- 3
ances in the accounts described in subsection (f)(1) 4
low by using the funds in the accounts to acquire 5
parcels as soon as practicable. 6
(h) ACQUIRED LAND. 7
(1) MOIST FORESTRY EMPHASIS AREA.The 8
Secretary shall administer any land or interest in 9
land acquired using funds from the O&C Land 10
Moist Forestry Emphasis Area Acquisition Account 11
in accordance with section 9. 12
(2) DRY FORESTRY EMPHASIS AREA.The 13
Secretary shall administer any land or interest in 14
land acquired using funds from the O&C LandDry 15
Forestry Emphasis Area Acquisition Account in ac- 16
cordance with section 10. 17
(3) CONSERVATION EMPHASIS AREA.The 18
Secretary shall administer any land or interest in 19
land acquired using funds from the O&C Land 20
Conservation Emphasis Area Acquisition Account in 21
accordance with section 11. 22
(i) REPORTS.The Secretary shall annually submit 23
to the Committee on Energy and Natural Resources of 24
the Senate and the Committee on Natural Resources of 25
95
FLO14631 S.L.C.
the House of Representatives a report that lists each land 1
transaction under this section during the year covered by 2
the report. 3
SEC. 13. DISTRIBUTION OF FUNDS. 4
(a) IN GENERAL.Effective for fiscal year 2014 5
and each fiscal year thereafter, all receipts generated from 6
activities on covered land shall be deposited in a separate 7
fund in the Treasury designated the Oregon and Cali- 8
fornia Railroad Grant Lands Fund, to be distributed an- 9
nually in accordance with this section. 10
(b) GENERAL FUND.Subject to subsection 11
(d)(4)(C), as soon as practicable after the end of each fis- 12
cal year described in subsection (a), $4,000,000 of all 13
amounts received by the Secretary for the applicable fiscal 14
year from the covered land shall be transferred to the gen- 15
eral fund of the Treasury. 16
(c) ADMINISTRATIVE COSTS. 17
(1) IN GENERAL.Subject to paragraph (2) 18
and subsection (d)(4)(C), all amounts received for 19
the applicable fiscal year by the Secretary from the 20
covered land shall be used to pay for the manage- 21
ment of, administrative expenses for, and capital im- 22
provement costs for the covered land, including the 23
restoration of fish and wildlife habitat on the cov- 24
ered land. 25
96
FLO14631 S.L.C.
(2) LIMITATIONS.The amount of revenue 1
that is used to pay for expenses and costs for a fis- 2
cal year under paragraph (1) shall not exceed 3
(A) 25 percent of all amounts received for 4
the applicable fiscal year by the Secretary from 5
the covered land during the fiscal year; or 6
(B) $20,000,000. 7
(d) PAYMENTS TO COUNTIES. 8
(1) IN GENERAL.All amounts received for 9
the applicable fiscal year by the Secretary from the 10
covered land during a fiscal year that is in excess of 11
the amount necessary to carry out subsections (b) 12
and (c) shall be provided to the counties that con- 13
tain covered land (referred to in this subsection as 14
a covered county) in the form of annual payments. 15
(2) TIMING.Payments shall be made avail- 16
able to covered counties under this subsection as 17
soon as practicable following the end of each fiscal 18
year. 19
(3) OTHER COUNTY FUNDS.Payments made 20
to covered counties under this subsection shall be 21
used as other county funds. 22
(4) AMOUNT. 23
(A) IN GENERAL.Subject to subpara- 24
graphs (B) and (C), for each fiscal year de- 25
97
FLO14631 S.L.C.
scribed in subsection (a), the amount of pay- 1
ments allocated under this subsection to each 2
covered county for a fiscal year shall be equal 3
to the ratio that 4
(i) the assessed value of covered land 5
in the covered county for fiscal year 1915; 6
bears to 7
(ii) the assessed value of covered 8
land in all covered counties for fiscal year 9
1915. 10
(B) NONASSESSED LAND.For purposes 11
of subparagraph (A), the portion of the covered 12
land in each of the covered counties that was 13
not assessed for fiscal year 1915 shall be con- 14
sidered to have been assessed at the average as- 15
sessed value of the covered land in the covered 16
county. 17
(C) MINIMUM AMOUNT. 18
(i) IN GENERAL.Subject to clauses 19
(ii) and (iii), the annual payment paid to 20
a covered county under this subsection, to 21
the extent practicable, shall not be less 22
than the payment that the covered county 23
would have received solely under this Act 24
(as in effect on the day before the date of 25
98
FLO14631 S.L.C.
enactment of the Oregon and California 1
Land Grant Act of 2014) for fiscal year 2
2013 if the covered county had elected to 3
receive payment under this Act and not 4
under any other law. 5
(ii) USE OF GENERAL FUND 6
SHARE.If the portion of revenues to be 7
provided to a covered county for a fiscal 8
year is less than the amount described in 9
clause (i), the payment made to the Treas- 10
ury for the fiscal year under subsection (b) 11
shall be reduced by an amount necessary 12
to provide the minimum payments required 13
under clause (i) for the covered county. 14
(iii) USE OF ADMINISTRATIVE COSTS 15
SHARE.If the minimum payments re- 16
quired under clause (i) could not be made 17
to all covered counties after the payment 18
made to the Treasury is reduced under 19
clause (ii), the payment made for adminis- 20
trative costs for the fiscal year under sub- 21
section (c) shall be reduced by an amount 22
necessary to provide the minimum payment 23
required under clause (i) for all covered 24
counties. 25
99
FLO14631 S.L.C.
SEC. 14. MISCELLANEOUS PROVISIONS. 1
(a) FIRE PROVISIONS. 2
(1) COUNTY ACTIONS.A county may carry 3
out a vegetation management project in the Dry 4
Forestry Emphasis Area to reduce the risk of a se- 5
vere wildfire or the risk of an insect or disease out- 6
break, in a manner consistent with section 10 if 7
(A) the county provides to the Secretary 8
a description of the proposed scope of work and 9
proposed duration of the vegetation manage- 10
ment project; 11
(B) the Secretary determines the project 12
is consistent with this Act and is in the best in- 13
terest of the public; and 14
(C) the county carries out the project 15
using county funds, which may include amounts 16
made available to the county under this Act. 17
(2) PRIVATE LANDOWNER ACTIONS. 18
(A) IN GENERAL.Without a permit 19
from the Secretary, a person may enter and 20
treat any Dry Forestry Emphasis Area that is 21
located within 50 feet of the residence of that 22
person if 23
(i) the residence is in existence on 24
the date of enactment of the Oregon and 25
California Land Grant Act of 2014; 26
100
FLO14631 S.L.C.
(ii) the treatment is carried out at 1
the expense of the person; 2
(iii) the person notifies the Secretary 3
of the intent to treat that land; and 4
(iv) the Secretary has adequate su- 5
pervisory, monitoring, and enforcement re- 6
sources to ensure that the person carries 7
out the treatment activities in accordance 8
with subparagraph (C). 9
(B) NOTICE. 10
(i) IN GENERAL.Not less than 30 11
days before beginning to treat land de- 12
scribed in subparagraph (A), the person 13
shall notify, in writing, the Secretary of 14
the intention of that person to treat that 15
land. 16
(ii) ADDITIONAL NOTIFICATION. 17
The person shall also notify the Secretary 18
14 days before beginning the treatment. 19
(iii) COMMENCEMENT.On receiving 20
a notification to treat land under this 21
paragraph, the Secretary shall inform the 22
person of the treatment requirements in 23
subparagraph (C). 24
101
FLO14631 S.L.C.
(C) TREATMENT.A person treating land 1
described in subparagraph (A) shall carry out 2
the treatment in accordance with the following 3
requirements: 4
(i) No dead tree, nest tree, old 5
growth tree, or tree greater than 16 inches 6
in diameter shall be cut. 7
(ii) No herbicide or insecticide appli- 8
cation shall be used. 9
(iii) Vegetation shall be cut so 10
that 11
(I) less flammable species are 12
favored for retention; and 13
(II) the adequate height and 14
spacing between bushes and trees are 15
maintained. 16
(iv) Any residual trees shall be 17
pruned 18
(I) to a height of the lesser of 19
10 feet or 50 percent of the crown 20
height of the tree; and 21
(II) so that all parts of the tree 22
are at not less than 10 feet away from 23
the residence. 24
102
FLO14631 S.L.C.
(v) All slash created from treatment 1
activities under this subparagraph shall be 2
removed or treated not later than 60 days 3
after the date on which the slash is cre- 4
ated. 5
(b) STREAM IMPROVEMENT WORK. 6
(1) IN GENERAL.The Secretary may conduct 7
certain activities on the covered land in accordance 8
with this subsection. 9
(2) PERMITTED ACTIVITIES. 10
(A) TREE TIPPING AND FELLING ACTIVI- 11
TIES.During a vegetation management 12
project, the Secretary may carry out tree tip- 13
ping and tree felling activities within the ripar- 14
ian reserves described in section 11 as the Sec- 15
retary determines necessary to improve habitat 16
for aquatic species. 17
(B) WOODY DEBRIS AUGMENTATION. 18
The Secretary shall annually use not less than 19
$1,000,000 of amounts made available under 20
subsection 13(c) to transport and place large 21
trees in streams on Federal, State, or private 22
land to improve fish habitat. 23
(C) NATIVE VEGETATION.Within the ri- 24
parian reserves described in section 11, the Sec- 25
103
FLO14631 S.L.C.
retary may plant vegetation that is native to 1
the State of Oregon. 2
(D) CULVERT REPLACEMENT.The Sec- 3
retary may replace a culvert that impedes the 4
passage of fish passage or is unable to with- 5
stand a 100-year flood event. 6
(E) DECOMMISSIONING ROADS.For the 7
purposes of paragraph (3), the Secretary may 8
decommission any road that 9
(i) was not established by the Bu- 10
reau of Land Management; and 11
(ii) is not more than 20 years old. 12
(3) ACTIVITIES CATEGORICALLY EXCLUDED 13
FROM REVIEW.Except as provided in paragraph 14
(4), each activity described in paragraph (2) shall 15
be 16
(A) considered an action categorically ex- 17
cluded from review under the National Environ- 18
mental Policy Act of 1969 (42 U.S.C. 4321 et 19
seq.) or section 1508.4 of title 40, Code of Fed- 20
eral Regulations (or a successor regulation); 21
and 22
(B) exempt from administrative review. 23
(4) EXCLUSION OF CERTAIN AREAS.Para- 24
graph (3) does not apply to any activity located in 25
104
FLO14631 S.L.C.
(A) a component of the National Wilder- 1
ness Preservation System; 2
(B) a wilderness study area; or 3
(C) an area in which the activity would be 4
inconsistent with the applicable resource man- 5
agement plan. 6
(c) LEGACY ROADS AND TRAILS PROGRAM. 7
(1) IN GENERAL.The Secretary shall estab- 8
lish a program to be known as the Legacy Roads 9
and Trails program to provide 10
(A) urgently needed road decommis- 11
sioning, road and trail repair and maintenance 12
and associated activities, and removal of fish 13
passage barriers, especially in areas in which 14
roads may be contributing to water quality 15
problems in streams and water bodies that sup- 16
port threatened, endangered, or sensitive spe- 17
cies or community water sources; 18
(B) urgently needed road repairs required 19
due to recent storm events; or 20
(C) the decommissioning of unauthorized 21
roads that are not part of the transportation 22
system. 23
(2) PROJECT SELECTION. 24
(A) IN GENERAL.The Secretary shall 25
105
FLO14631 S.L.C.
(i) consider public input in the selec- 1
tion of projects; and 2
(ii) publish the selection process of 3
the Secretary on the website of the Bureau 4
of Land Management. 5
(B) PRIORITIES.In selecting projects 6
under this subsection, the Secretary shall give 7
priority to decommissioning and repairing roads 8
and trails in 9
(i) environmentally sensitive areas; 10
and 11
(ii) areas in which roads may be con- 12
tributing to water quality problems in 13
streams and water bodies that support 14
threatened or endangered species, or spe- 15
cies considered sensitive by the Secretary. 16
(3) REPORT TO CONGRESS.Not later than 17
120 days after the end of each fiscal year, the Sec- 18
retary shall submit to Congress a report on the sta- 19
tus of the projects selected for completion in the pre- 20
vious 2 fiscal years. 21
(4) AUTHORIZATION OF APPROPRIATIONS. 22
There is authorized to be appropriated to carry out 23
this subsection $5,000,000 for each of fiscal years 24
2013 through 2023. 25
106
FLO14631 S.L.C.
(d) PENALTIES FOR THE CUTTING OF OLD 1
GROWTH TREES. 2
(1) IN GENERAL.Not later than 1 year after 3
the date of enactment of the Oregon and California 4
Land Grant Act of 2014, the Secretary shall estab- 5
lish a penalty system or guidelines designed to deter 6
contractors from cutting old growth trees in the cov- 7
ered area in violation of this Act. 8
(2) APPLICABILITY.The penalty system shall 9
allow for a specified de minimis quantity, as deter- 10
mined by the Secretary, of old growth trees that are 11
under 250 years of age to be cut in error and not 12
subject to penalty. 13
(3) REVISION OF THE PENALTY SYSTEM.If 14
any contractor cuts more than twice the de minimis 15
quantity of old growth trees established under para- 16
graph (2), the Secretary shall, after notifying the 17
public and providing a public comment period for 30 18
days, revise the penalty system. 19
(4) ISSUANCE OF PENALTIES TO THE CON- 20
TRACTOR.If a contractor cuts an old growth tree 21
that is greater than 250 years of age, the contractor 22
shall make a payment to the Secretary equal to 3 23
times the stumpage value of that tree. 24
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(e) REDESIGNATIONS OF MOIST FORESTRY EMPHA- 1
SIS AREA AND DRY FORESTRY EMPHASIS AREA. 2
(1) AUTHORIZATION TO REDESIGNATE. 3
(A) EVALUATION REQUIRED.Not later 4
than 10 years after the date of enactment of 5
the Oregon and California Land Grant Act of 6
2014 and every 10 years thereafter, the Sec- 7
retary 8
(i) shall evaluate the initial assign- 9
ments of Dry Forest and Moist Forest 10
on the map entitled O&C Land Grant Act 11
of 2014: Moist Forest and Dry Forest and 12
dated July 31, 2014, and the resulting 13
change in land in the Moist Forestry Em- 14
phasis Area or the Dry Forestry Emphasis 15
Area; and 16
(ii) may, as the Secretary determines 17
to be necessary and in accordance with the 18
criteria described in paragraph (2) 19
(I) redesignate Moist Forestry 20
Emphasis Area land as Dry Forestry 21
Emphasis Area land; and 22
(II) redesignate Dry Forestry 23
Emphasis Area land as Moist For- 24
estry Emphasis Area land. 25
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(B) FIELD EXAMINATION.In addition to 1
adjustments authorized under subparagraph 2
(A), the Secretary may adjust dry and moist 3
forest assignments in specific locations based on 4
an on-the-ground field examination by the Sec- 5
retary. 6
(2) CRITERIA. 7
(A) IN GENERAL.In redesignating land 8
as Moist Forestry Emphasis Area or Dry For- 9
estry Emphasis Area, the Secretary shall use 10
the criteria described in this paragraph. 11
(B) MOIST FORESTRY EMPHASIS AREA. 12
For purposes of this subsection, land in the 13
Moist Forestry Emphasis Area generally 14
(i)(I) experiences infrequent wildfires 15
at intervals that are greater than 100 16
years; and 17
(II) the wildfires generally kill all of 18
the trees that comprise the canopy of a 19
stand; and 20
(ii) contains 1 of the following plant 21
association groups: 22
(I) The Western Hemlock 23
(Tsuga heterophylla) series. 24
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FLO14631 S.L.C.
(II) The Sitka Spruce (Picea 1
sitchensis) series. 2
(III) The Western Red Cedar 3
(Thuja plicata) series. 4
(IV) The Pacific Silver Fir 5
(Abies amabilis) series. 6
(V) The Mountain Hemlock 7
(Tsuga mertensiana) series. 8
(VI) The Subalpine Fir- 9
Engelmann Spruce (Abies lasiocarpa- 10
Picea engelmannii) series. 11
(VII) The Tanoak (Lithocarpus 12
densiflorus) series. 13
(VIII) The Moist Grand Fir 14
(Abies grandis) plant association 15
group. 16
(IX) The Moist White Fir 17
(Abies concolor) plant association 18
group. 19
(C) DRY FORESTRY EMPHASIS AREA. 20
For purposes of this subsection, land in the Dry 21
Forestry Emphasis Area generally 22
(i)(I) experiences relatively frequent 23
wildfires; and 24
110
FLO14631 S.L.C.
(II) these wildfires are predomi- 1
nantly low or mixed in severity; and 2
(ii) contains 1 of the following plant 3
association groups: 4
(I) The Moist Grand Fir (Abies 5
grandis) plant association group. 6
(II) The Moist White Fir (Abies 7
concolor) plant association group. 8
(III) The Ponderosa Pine 9
(Pinus ponderosa) series. 10
(IV) The Oregon White Oak 11
(Quercus garryana) series. 12
(V) The Douglas-fir 13
(Pseudotsuga menziesii) series. 14
(VI) The Jeffrey Pine (Pinus 15
jeffreyi) series. 16
(VII) The Dry Grand Fir (Abies 17
grandis) plant association group. 18
(VIII) The Dry White Fir 19
(Abies concolor) plant association 20
group. 21
(D) MIXED FORESTS. 22
(i) IN GENERAL.For purposes of 23
this subsection, the Secretary may consider 24
land that contains a Moist Grand Fir or a 25
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FLO14631 S.L.C.
Moist White Fir plant association group as 1
Moist Forestry Emphasis Area or Dry 2
Forestry Emphasis Area based on the con- 3
dition of the land, landscape context, or 4
management goals. 5
(ii) MIXED FORESTS.For land that 6
meets criteria under both subparagraph 7
(A) and (B), the Secretary may choose to 8
categorize the land as either Moist For- 9
estry Emphasis Area or Dry Forestry Em- 10
phasis Area to align with the designations 11
of adjacent covered land. 12
(3) PUBLIC COMMENT.In carrying out this 13
subsection, the Secretary shall provide the public a 14
period of not less than 60 days to comment on a 15
proposed redesignation of land. 16
(f) EXISTING RIGHTS.Nothing in this Act 17
(1) affects any private ownership or rights, in- 18
cluding rights-of-way and reciprocal rights-of-way 19
agreements, tail hold agreements, easement obliga- 20
tions, and tribal treaty rights; or 21
(2) terminates any valid lease, permit, patent, 22
or other right of authorization (including a lease, 23
permit, patent, or other right of authorization for 24
forest management activities) existing on the date of 25
112
FLO14631 S.L.C.
enactment of the Oregon and California Land Grant 1
Act of 2014. 2
(g) JURISDICTION.Nothing in this Act affects the 3
jurisdiction of the State of Oregon with respect to the 4
management of fish and wildlife on public land in the 5
State. 6
(h) PESTICIDE USE.Pesticides may be used within 7
the covered land, if the use 8
(1) is limited to plants listed by the Oregon 9
Department of Agriculture as invasive plants; 10
(2) is part of an integrated pest management 11
approach; and 12
(3) is restricted to various ground-based sys- 13
tems that are designed around target species. 14
(i) SPECIAL MANAGEMENT AND RESEARCH 15
AREAS. 16
(1) IN GENERAL.The Secretary shall des- 17
ignate 50,000 acres across 2 to 5 sites in the cov- 18
ered land to include moist forests and dry forests, as 19
depicted on the map entitled O&C Land Grant Act 20
of 2014: Moist Forest and Dry Forest and dated 21
July 31, 2014, to be comanaged by the Secretary 22
and Oregon State University as special management 23
and research areas in accordance with the criteria 24
described in paragraph (2). 25
113
FLO14631 S.L.C.
(2) CRITERIA.In designating land as special 1
management and research areas under paragraph 2
(1), the Secretary shall designate 3
(A) 20 to 30 percent of land that is des- 4
ignated as Conservation Emphasis Areas on 5
the map described in section 2(5); 6
(B) 70 to 80 percent of land that is des- 7
ignated as Forestry Emphasis Areas on the 8
map described in paragraphs (11) and (14) of 9
section 2; 10
(C) land, to the maximum extent prac- 11
ticable, contiguous to other land designated 12
under paragraph (1); 13
(D) land within close proximity of other 14
land designated under paragraph (1); 15
(E) land located within 150 miles of the 16
main campus of Oregon State University in 17
Corvallis, Oregon; and 18
(F) land selected in consultation with Or- 19
egon State University. 20
(3) AUTHORIZED PROJECTS.Land des- 21
ignated under paragraph (1) shall be used by insti- 22
tutions of higher education in the State of Oregon 23
for the conduct of research projects and demonstra- 24
tion projects that address 25
114
FLO14631 S.L.C.
(A) increasing social awareness and 1
knowledge of the environmental, social, and eco- 2
nomic impacts on the implementation of eco- 3
logical forestry on public land; 4
(B) improving the health of rural commu- 5
nities and citizens; 6
(C) reducing catastrophic fires and the 7
degradation of ecosystem health; 8
(D) increasing conservation with a land- 9
scape approach; and 10
(E) understanding the riparian reserve 11
approaches authorized under this Act. 12
(4) MONITORING.Work performed on land 13
designated under paragraph (1) shall include 14
(A) post-treatment monitoring of the ef- 15
fects of the treatments on the land; and 16
(B) if practicable, monitoring of other 17
projects implemented under this Act, including 18
monitoring by 19
(i) diverse stakeholders; 20
(ii) collaborative groups; 21
(iii) Federal agencies; and 22
(iv) institutions of higher educations. 23
(5) INSTITUTIONS OF HIGHER EDUCATION. 24
At least 10 percent of the authorized projects con- 25
115
FLO14631 S.L.C.
ducted annually under this subsection shall be con- 1
ducted by an institution of higher education in the 2
State of Oregon other than Oregon State University. 3
(6) MINIMUM ACREAGE. 4
(A) IN GENERAL.At least 3,750 acres 5
of the land designated under paragraph (1) 6
shall be treated during each 5-year period. 7
(B) FAILURE TO TREAT.If the min- 8
imum acreage under subparagraph (A) is not 9
treated for 2 5-year periods during a 20-year 10
period, management of the land designated 11
under subsection (a) shall revert to traditional 12
management status by the Secretary. 13
(7) REVIEW.The Bureau of Land Manage- 14
ment State Director for the State of Oregon shall 15
(A) review and decide whether to permit 16
each proposed treatment to be conducted as 17
part of an authorized project under this sub- 18
section; and 19
(B) review for adequacy the paperwork 20
required to be prepared for each treatment. 21
SEC. 15. MONITORING AND EVALUATION. 22
(a) MONITORING ASSESSMENTS. 23
(1) IN GENERAL.Every 5 years after the 24
Secretary issues a record of decision described in 25
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FLO14631 S.L.C.
section 7(e), the Secretary shall prepare a moni- 1
toring assessment of the impacts of the vegetation 2
management projects on the covered land. 3
(2) COMPONENTS.In preparing the moni- 4
toring assessment, the Secretary shall include re- 5
ports on 6
(A) changes in the volume and quality of 7
timber sold; 8
(B) changes in water quality; 9
(C) changes in recreation; and 10
(D) the effectiveness of fish and wildfire 11
protections. 12
(3) PUBLIC INPUT.The Secretary shall pro- 13
vide for public comment prior to finalizing the moni- 14
toring assessment. 15
(4) SUBMISSION TO CONGRESS.After consid- 16
ering public comment, the Secretary shall submit to 17
the Committee on Energy and Natural Resources of 18
the Senate and the Committee on Natural Resources 19
of the House of Representatives a copy of the final 20
monitoring assessment. 21
(5) USE.The Secretary shall use the Moni- 22
toring Assessment during the 5-year evaluation de- 23
scribed in subsection 7(f). 24
(b) ADAPTIVE MANAGEMENT REPORTS. 25
117
FLO14631 S.L.C.
(1) IN GENERAL.Every 10 years after the 1
Secretary issues a record of decision described in 2
section 7(e), the Secretary shall prepare an adaptive 3
management report to review the requirements of 4
sections 9 through 12. 5
(2) COMPONENTS.In preparing the adaptive 6
management report, the Secretary shall include re- 7
ports on 8
(A) the ability of the Secretary to imple- 9
ment sections 9 through 12; 10
(B) the best available science for man- 11
aging the covered land consistent with the man- 12
agement objectives described in section 3(b); 13
and 14
(C) any recommendations for amending 15
this Act. 16
(3) PUBLIC INPUT.The Secretary shall pro- 17
vide for public comment prior to finalizing the 18
adaptive management report. 19
(4) SUBMISSION TO CONGRESS.After consid- 20
ering public comment, the Secretary shall submit to 21
the Committee on Energy and Natural Resources of 22
the Senate and the Committee on Natural Resources 23
of the House of Representatives a copy of the final 24
adaptive management report. 25
118
FLO14631 S.L.C.
(c) ANNUAL MONITORING.The Secretary shall an- 1
nually use not less than $1,000,000 of amounts made 2
available under subsection 13(c) to monitor short-term 3
changes in forest health, water quality, and fish and wild- 4
life habitat. 5
SEC. 16. TRANSITION. 6
(a) IN GENERAL.During the period beginning on 7
the date of enactment of the Oregon and California Land 8
Grant Act of 2014 and ending 90 days after the date on 9
which the record of decision is completed under section 10
7, a transition period shall be in effect in accordance with 11
this section. 12
(b) MANAGEMENT. 13
(1) EXISTING CONTRACTS.Any timber sale 14
or agreement to perform work on covered land that 15
was entered into by the Secretary before the date of 16
enactment of the Oregon and California Land Grant 17
Act of 2014 shall remain binding and effective ac- 18
cording to the terms of the contract. 19
(2) PENDING TIMBER SALES.Timber sales 20
for which review under the National Environmental 21
Policy Act of 1969 (42 U.S.C. 4321 et seq.) has 22
been completed or will be completed not later than 23
90 days following the date of enactment of the Or- 24
119
FLO14631 S.L.C.
egon and California Land Grant Act of 2014 shall 1
continue as planned. 2
(3) INTERIM PROJECTS.The Secretary may 3
conduct vegetation management projects on the cov- 4
ered land during the transition period on the condi- 5
tions that the vegetation management projects 6
(A) comply with the designations and re- 7
quirements of this Act; and 8
(B) are reviewed pursuant to the Na- 9
tional Environmental Policy Act of 1969 (42 10
U.S.C. 4321 et seq.), outside of the process de- 11
scribed in section 7. 12
(4) ADMINISTRATION.The Secretary shall 13
seek to make such accommodations as are necessary 14
to avoid interfering with the performance of a tim- 15
ber sale or work agreement described in paragraph 16
(1) or (2). 17
(c) SPECIAL ADMINISTRATIVE REVIEW PROCESS. 18
The procedures established under section 105 of the 19
Healthy Forests Restoration Act of 2003 (16 U.S.C. 20
6515) shall be the only process to administratively chal- 21
lenge projects during the transition period.. 22
SEC. 302. DESIGNATION OF WILD AND SCENIC RIVERS. 23
(a) DESIGNATION OF WILD AND SCENIC RIVER SEG- 24
MENTS.Section 3(a) of the Wild and Scenic Rivers Act 25
120
FLO14631 S.L.C.
(16 U.S.C. 1274(a)) is amended by adding at the end the 1
following: 2
(208) NESTUCCA RIVER, OREGON.The ap- 3
proximately 15.5-mile segment from its confluence 4
with Ginger Creek downstream until it crosses T. 4 5
S., R. 7 W., sec. 7, Willamette Meridian, to be ad- 6
ministered by the Secretary of the Interior as a rec- 7
reational river. 8
(209) WALKER CREEK, OREGON.The ap- 9
proximately 2-mile segment from the headwaters in 10
T. 3 S., R. 6 W., sec. 20 downstream to the con- 11
fluence with the Nestucca River in T. 3 S., R. 6 W., 12
sec. 15, Willamette Meridian, to be administered by 13
the Secretary of the Interior as a recreational river. 14
(210) NORTH FORK SILVER CREEK, OR- 15
EGON.The approximately 6-mile segment from the 16
headwaters in T. 35 S., R. 9 W., sec. 1 downstream 17
to the edge of the Bureau of Land Management 18
boundary in T. 35 S., R. 9 W., sec. 17, Willamette 19
Meridian, to be administered by the Secretary of the 20
Interior as a recreational river. 21
(211) JENNY CREEK, OREGON.The approxi- 22
mately 17.6-mile segment from the Bureau of Land 23
Management boundary located at the north bound- 24
ary of the southwest quarter of the southeast quar- 25
121
FLO14631 S.L.C.
ter of T. 38 S., R. 4 E., sec. 34, Willamette Merid- 1
ian, downstream to the Oregon State border, to be 2
administered by the Secretary of the Interior as a 3
scenic river. 4
(212) SPRING CREEK, OREGON.The approxi- 5
mately 1.1-mile segment from its source at Shoat 6
Springs in T. 40 S., R. 4 E., sec. 34, Willamette 7
Meridian, downstream to the confluence with Jenny 8
Creek in T. 41 S., R. 4 E., sec. 3, Willamette Merid- 9
ian, to be administered by the Secretary of the Inte- 10
rior as a scenic river. 11
(213) LOBSTER CREEK, OREGON.The ap- 12
proximately 5-mile segment from T. 15 S., R. 8 W., 13
sec. 35, Willamette Meridian, downstream to the 14
edge of the Bureau of Land Management boundary 15
in T. 15 S., R. 8 W., sec. 15, Willamette Meridian, 16
to be administered by the Secretary of the Interior 17
as a recreational river.. 18
(b) WITHDRAWAL.Subject to valid existing rights, 19
the Federal land within the boundaries of the river seg- 20
ments designated by paragraphs (208) through (213) of 21
section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 22
1274(a)) is withdrawn from all forms of 23
(1) entry, appropriation, or disposal under the 24
public land laws; 25
122
FLO14631 S.L.C.
(2) location, entry, and patent under the mining 1
laws; and 2
(3) disposition under all laws relating to min- 3
eral and geothermal leasing or mineral materials. 4
TITLE IVTRIBAL LAND 5
Subtitle AOregon Coastal Land 6
Conveyance 7
SEC. 401. DEFINITIONS. 8
In this subtitle: 9
(1) FEDERAL LAND.The term Federal land 10
means the approximately 14,804 acres of Federal 11
land, as generally depicted on the map entitled Or- 12
egon Coastal Land Conveyance, and dated March 13
27, 2013. 14
(2) PLANNING AREA.The term planning 15
area means land 16
(A) administered by the Director of the 17
Bureau of Land Management; and 18
(B) located in 19
(i) the Coos Bay District; 20
(ii) the Eugene District; 21
(iii) the Medford District; 22
(iv) the Roseburg District; 23
(v) the Salem District; or 24
123
FLO14631 S.L.C.
(vi) the Klamath Falls Resource Area 1
of the Lakeview District. 2
(3) SECRETARY.The term Secretary means 3
the Secretary of the Interior. 4
(4) TRIBE.The term Tribe means the Con- 5
federated Tribes of Coos, Lower Umpqua, and 6
Siuslaw Indians. 7
SEC. 402. CONVEYANCE. 8
(a) IN GENERAL.Subject to valid existing rights, 9
including rights-of-way and reciprocal rights-of-way, all 10
right, title, and interest of the United States in and to 11
the Federal land, including any improvements located on 12
the Federal land, appurtenances to the Federal land, and 13
minerals on or in the Federal land, including oil and gas, 14
shall be 15
(1) held in trust by the United States for the 16
benefit of the Tribe; and 17
(2) part of the reservation of the Tribe. 18
(b) SURVEY.Not later than 180 days after the date 19
of enactment of this Act, if the Secretary determines a 20
survey to be necessary, the Secretary shall complete a sur- 21
vey of the boundary lines to establish the boundaries of 22
the land taken into trust under subsection (a). 23
124
FLO14631 S.L.C.
SEC. 403. MAP AND LEGAL DESCRIPTION. 1
(a) IN GENERAL.As soon as practicable after the 2
date of enactment of this Act, the Secretary shall file a 3
map and legal description of the Federal land with 4
(1) the Committee on Energy and Natural Re- 5
sources of the Senate; and 6
(2) the Committee on Natural Resources of the 7
House of Representatives. 8
(b) FORCE AND EFFECT.The map and legal de- 9
scription filed under subsection (a) shall have the same 10
force and effect as if included in this subtitle, except that 11
the Secretary may correct any clerical or typographical er- 12
rors in the map or legal description. 13
(c) PUBLIC AVAILABILITY.The map and legal de- 14
scription filed under subsection (a) shall be on file and 15
available for public inspection in the Office of the Sec- 16
retary. 17
SEC. 404. ADMINISTRATION. 18
(a) IN GENERAL.Unless expressly provided in this 19
subtitle, nothing in this subtitle affects any right or claim 20
of the Tribe existing on the date of enactment of this Act 21
to any land or interest in land. 22
(b) PROHIBITIONS. 23
(1) EXPORTS OF UNPROCESSED LOGS.Fed- 24
eral law (including regulations) relating to the ex- 25
port of unprocessed logs harvested from Federal 26
125
FLO14631 S.L.C.
land shall apply to any unprocessed logs that are 1
harvested from the Federal land. 2
(2) NON-PERMISSIBLE USE OF LAND.Any real 3
property taken into trust under section 402(a) shall 4
not be eligible, or used, for any gaming activity car- 5
ried out under Public Law 100497 (25 U.S.C. 6
2701 et seq.). 7
SEC. 405. FOREST MANAGEMENT. 8
(a) APPLICABLE LAW.Any commercial forestry ac- 9
tivity that is carried out on the Federal land shall be man- 10
aged in accordance with all applicable Federal laws, in- 11
cluding the National Indian Forest Resources Manage- 12
ment Act (25 U.S.C. 3101 et seq.). 13
(b) AGREEMENTS.The Tribe shall consult with the 14
Secretary and other parties as necessary to develop agree- 15
ments to provide for access to the land taken into trust 16
under section 402(a) that provide for 17
(1) honoring existing reciprocal right-of-way 18
agreements; 19
(2) administrative access by the Bureau of 20
Land Management; and 21
(3) management of the parcels of the land 22
taken into trust under section 402(a) that are ac- 23
quired or developed under the Land and Water Con- 24
servation Fund Act of 1965 (16 U.S.C. 460l4 et 25
126
FLO14631 S.L.C.
seq.), consistent with section 8(f)(3) of that Act (16 1
U.S.C. 460l8(f)(3)). 2
(c) LAND USE PLANNING REQUIREMENTS.On con- 3
veyance of the Federal land to the Tribe under section 4
402, the Federal land shall not be subject to the land use 5
planning requirements of the Federal Land Policy and 6
Management Act of 1976 (43 U.S.C. 1701 et seq.) or the 7
Act of August 28, 1937 (50 Stat. 874, chapter 876; 43 8
U.S.C. 1181a et seq.). 9
Subtitle BCanyon Mountain Land 10
Conveyance 11
SEC. 411. DEFINITIONS. 12
In this subtitle: 13
(1) FEDERAL LAND.The term Federal land 14
means the approximately 17,826 acres of Federal 15
land, as generally depicted on the map entitled 16
Canyon Mountain Land Conveyance, and dated 17
June 27, 2013. 18
(2) PLANNING AREA.The term planning 19
area means land 20
(A) administered by the Director of the 21
Bureau of Land Management; and 22
(B) located in 23
(i) the Coos Bay District; 24
(ii) the Eugene District; 25
127
FLO14631 S.L.C.
(iii) the Medford District; 1
(iv) the Roseburg District; 2
(v) the Salem District; or 3
(vi) the Klamath Falls Resource Area 4
of the Lakeview District. 5
(3) SECRETARY.The term Secretary means 6
the Secretary of the Interior. 7
(4) TRIBE.The term Tribe means the Cow 8
Creek Band of Umpqua Tribe of Indians. 9
SEC. 412. CONVEYANCE. 10
(a) IN GENERAL.Subject to valid existing rights, 11
including rights-of-way and reciprocal rights-of-way, all 12
right, title, and interest of the United States in and to 13
the Federal land, including any improvements located on 14
the Federal land, appurtenances to the Federal land, and 15
minerals on or in the Federal land, including oil and gas, 16
shall be 17
(1) held in trust by the United States for the 18
benefit of the Tribe; and 19
(2) part of the reservation of the Tribe. 20
(b) SURVEY.Not later than 180 days after the date 21
of enactment of this Act, the Secretary shall complete a 22
survey of the boundary lines to establish the boundaries 23
of the land taken into trust under subsection (a). 24
128
FLO14631 S.L.C.
SEC. 413. MAP AND LEGAL DESCRIPTION. 1
(a) IN GENERAL.As soon as practicable after the 2
date of enactment of this Act, the Secretary shall file a 3
map and legal description of the Federal land with 4
(1) the Committee on Energy and Natural Re- 5
sources of the Senate; and 6
(2) the Committee on Natural Resources of the 7
House of Representatives. 8
(b) FORCE AND EFFECT.The map and legal de- 9
scription filed under subsection (a) shall have the same 10
force and effect as if included in this subtitle except that 11
the Secretary may correct any clerical or typographical er- 12
rors in the map or legal description. 13
(c) PUBLIC AVAILABILITY.The map and legal de- 14
scription filed under subsection (a) shall be on file and 15
available for public inspection in the Office of the Sec- 16
retary. 17
SEC. 414. ADMINISTRATION. 18
(a) IN GENERAL.Unless expressly provided in this 19
subtitle, nothing in this subtitle affects any right or claim 20
of the Tribe existing on the date of enactment of this Act 21
to any land or interest in land. 22
(b) PROHIBITIONS. 23
(1) EXPORTS OF UNPROCESSED LOGS.Fed- 24
eral law (including regulations) relating to the ex- 25
port of unprocessed logs harvested from Federal 26
129
FLO14631 S.L.C.
land shall apply to any unprocessed logs that are 1
harvested from the Federal land. 2
(2) NON-PERMISSIBLE USE OF LAND.Any real 3
property taken into trust under section 412 shall not 4
be eligible, or used, for any gaming activity carried 5
out under Public Law 100497 (25 U.S.C. 2701 et 6
seq.). 7
(c) EFFECT ON TIMBER SALE CONTRACTS.Noth- 8
ing in this subtitle affects any timber sale contracts 9
awarded as of the date of enactment of this Act. 10
SEC. 415. FOREST MANAGEMENT. 11
(a) APPLICABLE LAW.Any commercial forestry ac- 12
tivity that is carried out on the Federal land shall be man- 13
aged in accordance with all applicable Federal laws, in- 14
cluding the National Indian Forest Resources Manage- 15
ment Act (25 U.S.C. 3101 et seq.). 16
(b) AGREEMENTS.The Tribe shall consult with the 17
Director of the Bureau of Land Management and other 18
parties as necessary to develop agreements to provide for 19
access to the land taken into trust under section 412(a) 20
that provide for 21
(1) honoring existing reciprocal right-of-way 22
agreements; and 23
(2) administrative access by the Bureau of 24
Land Management. 25
130
FLO14631 S.L.C.
(c) LAND USE PLANNING REQUIREMENTS.On con- 1
veyance of the Federal land to the Tribe under section 2
412, the Federal land shall not be subject to the land use 3
planning requirements of the Federal Land Policy and 4
Management Act of 1976 (43 U.S.C. 1701 et seq.) or the 5
Act of August 28, 1937 (50 Stat. 874, chapter 876; 43 6
U.S.C. 1181a et seq.). 7
Subtitle CAmendments to 8
Coquille Restoration Act 9
SEC. 421. AMENDMENTS TO COQUILLE RESTORATION ACT. 10
Section 5(d) of the Coquille Restoration Act (25 11
U.S.C. 715c(d)) is amended 12
(1) by striking paragraph (5) and inserting the 13
following: 14
(5) MANAGEMENT. 15
(A) IN GENERAL.Subject to subpara- 16
graph (B), the Secretary of the Interior, acting 17
through the Assistant Secretary for Indian Af- 18
fairs, shall 19
(i) manage the Coquille Forest in ac- 20
cordance with the laws pertaining to the 21
management of Indian trust land; and 22
(ii) distribute revenues in accordance 23
with the National Indian Forest Resources 24
Management Act (25 U.S.C. 3101 et seq.). 25
131
FLO14631 S.L.C.
(B) ADMINISTRATION. 1
(i) UNPROCESSED LOGS.Unproc- 2
essed logs harvested from the Coquille For- 3
est shall be subject to the same Federal 4
statutory restrictions on export to foreign 5
nations that apply to unprocessed logs har- 6
vested from Federal land. 7
(ii) SALES OF TIMBER.Notwith- 8
standing any other provision of law, all 9
sales of timber from land subject to this 10
subsection shall be advertised, offered, and 11
awarded according to competitive bidding 12
practices, with sales being awarded to the 13
highest responsible bidder.; 14
(2) by striking paragraph (9); and 15
(3) by redesignating paragraphs (10) through 16
(12) as paragraphs (9) through (11), respectively. 17
TITLE VOREGON TREASURES 18
Subtitle AWild Rogue Wilderness 19
Area 20
SEC. 501. WILD ROGUE WILDERNESS AREA. 21
(a) DEFINITIONS.In this section: 22
(1) COMMISSION.The term Commission 23
means the Federal Energy Regulatory Commission. 24
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FLO14631 S.L.C.
(2) MAP.The term map means the map en- 1
titled Wild Rogue Wilderness Additions and dated 2
June 12, 2013. 3
(3) SECRETARY.The term Secretary 4
means 5
(A) the Secretary of the Interior, with re- 6
spect to public land administered by the Sec- 7
retary of the Interior; or 8
(B) the Secretary of Agriculture, with re- 9
spect to National Forest System land. 10
(4) WILDERNESS ADDITIONS.The term Wil- 11
derness additions means the land added to the Wild 12
Rogue Wilderness under subsection (b)(1). 13
(b) EXPANSION OF WILD ROGUE WILDERNESS 14
AREA. 15
(1) EXPANSION.The approximately 56,100 16
acres of Federal land in the State of Oregon gen- 17
erally depicted on the map as BLM Proposed Wil- 18
derness and Proposed USFS Wilderness shall be 19
added to and administered as part of the Wild 20
Rogue Wilderness in accordance with Public Law 21
95237 (16 U.S.C. 1132 note; 92 Stat. 43 ), except 22
that 23
(A) the Secretary of the Interior and the 24
Secretary of Agriculture shall administer the 25
133
FLO14631 S.L.C.
Federal land under their respective jurisdiction; 1
and 2
(B) any reference in that Act to the Sec- 3
retary of Agriculture shall be considered to be 4
a reference to the Secretary of Agriculture or 5
the Secretary of the Interior, as applicable. 6
(2) MAP; LEGAL DESCRIPTION. 7
(A) IN GENERAL.As soon as practicable 8
after the date of enactment of this Act, the Sec- 9
retary shall prepare a map and legal description 10
of the wilderness area designated by paragraph 11
(1). 12
(B) FORCE OF LAW.The map and legal 13
description filed under subparagraph (A) shall 14
have the same force and effect as if included in 15
this section, except that the Secretary may cor- 16
rect typographical errors in the map and legal 17
description. 18
(C) PUBLIC AVAILABILITY.The map and 19
legal description filed under subparagraph (A) 20
shall be on file and available for public inspec- 21
tion in the appropriate offices of the Bureau of 22
Land Management and Forest Service. 23
(3) CORRECTION.Section 3(b) of the Endan- 24
gered American Wilderness Act of 1978 (16 U.S.C. 25
134
FLO14631 S.L.C.
1132 note; Public Law 95237; 92 Stat. 43) is 1
amended by striking 3(a)(5) and inserting 2
3(a)(5)(A). 3
(4) WITHDRAWAL.Subject to valid existing 4
rights, the Wilderness additions are withdrawn from 5
all forms of 6
(A) entry, appropriation, or disposal under 7
the public land laws; 8
(B) location, entry, and patent under the 9
mining laws; and 10
(C) disposition under all laws pertaining to 11
mineral and geothermal leasing or mineral ma- 12
terials. 13
(5) TRIBAL RIGHTS.Nothing in this sub- 14
section alters, modifies, enlarges, diminishes, or ab- 15
rogates the treaty rights of any Indian tribe. 16
(c) POTENTIAL ADDITION TO WILDERNESS AREA. 17
(1) DESIGNATION.Subject to paragraph (3) 18
and in furtherance of the purposes of the Wilderness 19
Act (16 U.S.C. 1131 et seq.), certain public land in 20
the State of Oregon administered by the Secretary 21
of the Interior, compromising approximately 600 22
acres, as generally depicted on the map as Poten- 23
tial Wilderness, shall be added to and administered 24
as part of the Wild Rogue Wilderness. 25
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FLO14631 S.L.C.
(2) INTERIM MANAGEMENT.Subject to valid 1
existing rights, the Secretary shall manage the land 2
described in paragraph (1) to protect its suitability 3
for designation as wilderness until the date on which 4
the land is designated as wilderness in accordance 5
with paragraph (3). 6
(3) WILDERNESS DESIGNATION. 7
(A) IN GENERAL.The land described in 8
paragraph (1) shall be designated as wilderness 9
and added to and administered as part of the 10
Wild Rogue Wilderness on the date on which 11
the Secretary publishes in the Federal Register 12
notice that the conditions in the potential wil- 13
derness area that are incompatible with the 14
Wilderness Act (16 U.S.C. 1131 et seq.) have 15
been removed. 16
(B) ADMINISTRATION.On designation as 17
wilderness under paragraph (1), the land de- 18
scribed in that paragraph shall be administered 19
in accordance with this Act, the Wilderness Act 20
(16 U.S.C. 1131 et seq.), and Public Law 95 21
237 (16 U.S.C. 1132 note; 92 Stat. 40). 22
(4) WITHDRAWAL.Subject to valid existing 23
rights, the land described in paragraph (1) is with- 24
drawn from all forms of 25
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FLO14631 S.L.C.
(A) entry, appropriation, or disposal under 1
the public land laws; 2
(B) location, entry, and patent under the 3
mining laws; and 4
(C) disposition under all laws pertaining to 5
mineral and geothermal leasing or mineral ma- 6
terials. 7
(d) WITHDRAWAL AREA PROTECTIONS. 8
(1) IN GENERAL.The Secretary shall manage 9
the Federal land described in paragraph (2) in a 10
manner that preserves the natural and primitive 11
character of the land for recreational, scenic, and 12
scientific use. 13
(2) DESCRIPTION OF THE LAND.The Federal 14
land referred to in paragraph (1) is the approxi- 15
mately 4,000 acres generally depicted on the map as 16
Withdrawal Area. 17
(3) MAPS AND LEGAL DESCRIPTIONS. 18
(A) IN GENERAL.As soon as practicable 19
after the date of enactment of this Act, the Sec- 20
retary shall prepare a map and legal description 21
of the land described in paragraph (2). 22
(B) FORCE OF LAW.The map and legal 23
description filed under subparagraph (A) shall 24
have the same force and effect as if included in 25
137
FLO14631 S.L.C.
this section, except that the Secretary may cor- 1
rect typographical errors in the map and legal 2
description. 3
(C) PUBLIC AVAILABILITY.The map and 4
legal description filed under subparagraph (A) 5
shall be on file and available for public inspec- 6
tion in the appropriate offices of the Bureau of 7
Land Management. 8
(4) USE OF LAND. 9
(A) IN GENERAL.Subject to valid exist- 10
ing rights, with respect to the Federal land de- 11
scribed in paragraph (2), the Secretary shall 12
only allow uses that are consistent with the pur- 13
poses described in paragraph (1). 14
(B) PROHIBITED USES.The following 15
shall be prohibited on the Federal land de- 16
scribed in paragraph (2): 17
(i) Permanent roads. 18
(ii) Commercial enterprises. 19
(iii) Except as necessary to meet the 20
minimum requirements for the administra- 21
tion of the Federal land and to protect 22
public health and safety 23
(I) the use of motor vehicles; or 24
138
FLO14631 S.L.C.
(II) the establishment of tem- 1
porary roads. 2
(5) WITHDRAWAL.Subject to valid existing 3
rights, the Federal land described in paragraph (2) 4
is withdrawn from 5
(A) all forms of entry, appropriation, or 6
disposal under the public land laws; 7
(B) location, entry, and patent under the 8
mining laws; and 9
(C) disposition under all laws relating to 10
mineral and geothermal leasing or mineral ma- 11
terials. 12
(e) WILD AND SCENIC RIVER DESIGNATIONS, ROGUE 13
RIVER AREA. 14
(1) AMENDMENTS.Section 3(a) of the Wild 15
and Scenic Rivers Act (16 U.S.C. 1274(a)) is 16
amended by striking paragraph (5) and inserting the 17
following: 18
(5) ROGUE, OREGON. 19
(A) IN GENERAL.The segment of the 20
river extending from the mouth of the Apple- 21
gate River downstream to the Lobster Creek 22
Bridge, to be administered by the Secretary of 23
the Interior or the Secretary of Agriculture, as 24
139
FLO14631 S.L.C.
agreed to by the Secretaries of the Interior and 1
Agriculture or as directed by the President. 2
(B) ADDITIONS.In addition to the seg- 3
ment described in subparagraph (A), there are 4
designated the following segments in the Rogue 5
River: 6
(i) KELSEY CREEK.The approxi- 7
mately 4.8-mile segment of Kelsey Creek 8
from the east section line of T. 32 S., R. 9
9 W., sec. 34, Willamette Meridian, to the 10
confluence with the Rogue River, as a wild 11
river. 12
(ii) EAST FORK KELSEY CREEK. 13
The approximately 4.6-mile segment of 14
East Fork Kelsey Creek from the Wild 15
Rogue Wilderness boundary in T. 33 S., R. 16
8 W., sec. 5, Willamette Meridian, to the 17
confluence with Kelsey Creek, as a wild 18
river. 19
(iii) WHISKY CREEK. 20
(I) RECREATIONAL RIVER. 21
The approximately 0.6-mile segment 22
of Whisky Creek from the confluence 23
of the East Fork and West Fork to 24
140
FLO14631 S.L.C.
0.1 miles downstream from road 33-8- 1
23, as a recreational river. 2
(II) WILD RIVER.The ap- 3
proximately 1.9-mile segment of Whis- 4
ky Creek from 0.1 miles downstream 5
from road 33-8-23 to the confluence 6
with the Rogue River, as a wild river. 7
(iv) EAST FORK WHISKY CREEK. 8
(I) WILD RIVER.The approxi- 9
mately 2.6-mile segment of East Fork 10
Whisky Creek from the Wild Rogue 11
Wilderness boundary in T. 33 S., R. 12
8 W., sec. 11, Willamette Meridian., 13
to 0.1 miles downstream of road 33- 14
8-26 crossing, as a wild river. 15
(II) RECREATIONAL RIVER. 16
The approximately 0.3-mile segment 17
of East Fork Whisky Creek from 0.1 18
miles downstream of road 33-8-26 to 19
the confluence with Whisky Creek, as 20
a recreational river. 21
(v) WEST FORK WHISKY CREEK. 22
The approximately 4.8-mile segment of 23
West Fork Whisky Creek from its head- 24
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FLO14631 S.L.C.
waters to the confluence with Whisky 1
Creek, as a wild river. 2
(vi) BIG WINDY CREEK. 3
(I) SCENIC RIVER.The ap- 4
proximately 1.5-mile segment of Big 5
Windy Creek from its headwaters to 6
0.1 miles downstream from road 34-9- 7
17.1, as a scenic river. 8
(II) WILD RIVER.The ap- 9
proximately 5.8-mile segment of Big 10
Windy Creek from 0.1 miles down- 11
stream from road 34-9-17.1 to the 12
confluence with the Rogue River, as a 13
wild river. 14
(vii) EAST FORK BIG WINDY 15
CREEK. 16
(I) SCENIC RIVER.The ap- 17
proximately 0.2-mile segment of East 18
Fork Big Windy Creek from its head- 19
waters to 0.1 miles downstream from 20
road 34-8-36, as a scenic river. 21
(II) WILD RIVER.The ap- 22
proximately 3.7-mile segment of East 23
Fork Big Windy Creek from 0.1 miles 24
downstream from road 34-8-36 to the 25
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FLO14631 S.L.C.
confluence with Big Windy Creek, as 1
a wild river. 2
(viii) LITTLE WINDY CREEK.The 3
approximately 1.9-mile segment of Little 4
Windy Creek from 0.1 miles downstream 5
of road 34-8-36 to the confluence with the 6
Rogue River, as a wild river. 7
(ix) HOWARD CREEK. 8
(I) SCENIC RIVER.The ap- 9
proximately 0.3-mile segment of How- 10
ard Creek from its headwaters to 0.1 11
miles downstream of road 34-9-34, as 12
a scenic river. 13
(II) WILD RIVER.The ap- 14
proximately 6.9-mile segment of How- 15
ard Creek from 0.1 miles downstream 16
of road 34-9-34 to the confluence with 17
the Rogue River, as a wild river. 18
(x) MULE CREEK.The approxi- 19
mately 6.3-mile segment of Mule Creek 20
from the east section line of T. 32 S., R. 21
10 W., sec. 25, Willamette Meridian, to the 22
confluence with the Rogue River, as a wild 23
river. 24
143
FLO14631 S.L.C.
(xi) ANNA CREEK.The approxi- 1
mately 3.5-mile segment of Anna Creek 2
from its headwaters to the confluence with 3
Howard Creek, as a wild river. 4
(xii) MISSOURI CREEK.The ap- 5
proximately 1.6-mile segment of Missouri 6
Creek from the Wild Rogue Wilderness 7
boundary in T. 33 S., R. 10 W., sec. 24, 8
Willamette Meridian, to the confluence 9
with the Rogue River, as a wild river. 10
(xiii) JENNY CREEK.The approxi- 11
mately 1.8-mile segment of Jenny Creek 12
from the Wild Rogue Wilderness boundary 13
in T. 33 S., R. 9 W., sec.28, Willamette 14
Meridian, to the confluence with the Rogue 15
River, as a wild river. 16
(xiv) RUM CREEK.The approxi- 17
mately 2.2-mile segment of Rum Creek 18
from the Wild Rogue Wilderness boundary 19
in T. 34 S., R. 8 W., sec. 9, Willamette 20
Meridian, to the confluence with the Rogue 21
River, as a wild river. 22
(xv) EAST FORK RUM CREEK.The 23
approximately 1.3-mile segment of East 24
Rum Creek from the Wild Rogue Wilder- 25
144
FLO14631 S.L.C.
ness boundary in T. 34 S., R. 8 W., sec. 1
10, Willamette Meridian, to the confluence 2
with Rum Creek, as a wild river. 3
(xvi) WILDCAT CREEK.The ap- 4
proximately 1.7-mile segment of Wildcat 5
Creek from its headwaters downstream to 6
the confluence with the Rogue River, as a 7
wild river. 8
(xvii) MONTGOMERY CREEK.The 9
approximately 1.8-mile segment of Mont- 10
gomery Creek from its headwaters down- 11
stream to the confluence with the Rogue 12
River, as a wild river. 13
(xviii) HEWITT CREEK.The ap- 14
proximately 1.2-mile segment of Hewitt 15
Creek from the Wild Rogue Wilderness 16
boundary in T. 33 S., R. 9 W., sec. 19, 17
Willamette Meridian, to the confluence 18
with the Rogue River, as a wild river. 19
(xix) BUNKER CREEK.The approxi- 20
mately 6.6-mile segment of Bunker Creek 21
from its headwaters to the confluence with 22
the Rogue River, as a wild river. 23
(xx) DULOG CREEK. 24
145
FLO14631 S.L.C.
(I) SCENIC RIVER.The ap- 1
proximately 0.8-mile segment of 2
Dulog Creek from its headwaters to 3
0.1 miles downstream of road 34-8- 4
36, as a scenic river. 5
(II) WILD RIVER.The ap- 6
proximately 1.0-mile segment of 7
Dulog Creek from 0.1 miles down- 8
stream of road 34-8-36 to the con- 9
fluence with the Rogue River, as a 10
wild river. 11
(xxi) QUAIL CREEK.The approxi- 12
mately 1.7-mile segment of Quail Creek 13
from the Wild Rogue Wilderness boundary 14
in T. 33 S., R. 10 W., sec. 1, Willamette 15
Meridian, to the confluence with the Rogue 16
River, as a wild river. 17
(xxii) MEADOW CREEK.The ap- 18
proximately 4.1-mile segment of Meadow 19
Creek from its headwaters to the con- 20
fluence with the Rogue River, as a wild 21
river. 22
(xxiii) RUSSIAN CREEK.The ap- 23
proximately 2.5-mile segment of Russian 24
Creek from the Wild Rogue Wilderness 25
146
FLO14631 S.L.C.
boundary in T. 33 S., R. 8 W., sec. 20, 1
Willamette Meridian, to the confluence 2
with the Rogue River, as a wild river. 3
(xxiv) ALDER CREEK.The approxi- 4
mately 1.2-mile segment of Alder Creek 5
from its headwaters to the confluence with 6
the Rogue River, as a wild river. 7
(xxv) BOOZE CREEK.The approxi- 8
mately 1.5-mile segment of Booze Creek 9
from its headwaters to the confluence with 10
the Rogue River, as a wild river. 11
(xxvi) BRONCO CREEK.The ap- 12
proximately 1.8-mile segment of Bronco 13
Creek from its headwaters to the con- 14
fluence with the Rogue River, as a wild 15
river. 16
(xxvii) COPSEY CREEK.The ap- 17
proximately 1.5-mile segment of Copsey 18
Creek from its headwaters to the con- 19
fluence with the Rogue River, as a wild 20
river. 21
(xxviii) CORRAL CREEK.The ap- 22
proximately 0.5-mile segment of Corral 23
Creek from its headwaters to the con- 24
147
FLO14631 S.L.C.
fluence with the Rogue River, as a wild 1
river. 2
(xxix) COWLEY CREEK.The ap- 3
proximately 0.9-mile segment of Cowley 4
Creek from its headwaters to the con- 5
fluence with the Rogue River, as a wild 6
river. 7
(xxx) DITCH CREEK.The approxi- 8
mately 1.8-mile segment of Ditch Creek 9
from the Wild Rogue Wilderness boundary 10
in T. 33 S., R. 9 W., sec. 5, Willamette 11
Meridian, to its confluence with the Rogue 12
River, as a wild river. 13
(xxxi) FRANCIS CREEK.The ap- 14
proximately 0.9-mile segment of Francis 15
Creek from its headwaters to the con- 16
fluence with the Rogue River, as a wild 17
river. 18
(xxxii) LONG GULCH.The approxi- 19
mately 1.1-mile segment of Long Gulch 20
from the Wild Rogue Wilderness boundary 21
in T. 33 S., R. 10 W., sec. 23, Willamette 22
Meridian, to the confluence with the Rogue 23
River, as a wild river. 24
148
FLO14631 S.L.C.
(xxxiii) BAILEY CREEK.The ap- 1
proximately 1.7-mile segment of Bailey 2
Creek from the west section line of T. 34 3
S., R.8 W., sec.14, Willamette Meridian, to 4
the confluence of the Rogue River, as a 5
wild river. 6
(xxxiv) SHADY CREEK.The ap- 7
proximately 0.7-mile segment of Shady 8
Creek from its headwaters to the con- 9
fluence with the Rogue River, as a wild 10
river. 11
(xxxv) SLIDE CREEK. 12
(I) SCENIC RIVER.The ap- 13
proximately 0.5-mile segment of Slide 14
Creek from its headwaters to 0.1 15
miles downstream from road 33-9-6, 16
as a scenic river. 17
(II) WILD RIVER.The ap- 18
proximately 0.7-mile section of Slide 19
Creek from 0.1 miles downstream of 20
road 33-9-6 to the confluence with the 21
Rogue River, as a wild river.. 22
(2) MANAGEMENT.Each river segment des- 23
ignated by subparagraph (B) of section 3(a)(5) of 24
the Wild and Scenic Rivers Act (16 U.S.C. 25
149
FLO14631 S.L.C.
1274(a)(5)) (as added by paragraph (1)) shall be 1
managed as part of the Rogue Wild and Scenic 2
River. 3
(3) WITHDRAWAL.Subject to valid existing 4
rights, the Federal land within the boundaries of the 5
river segments designated under subparagraph (B) 6
of section 3(a)(5) of the Wild and Scenic Rivers Act 7
(16 U.S.C. 1274(a)(5)) (as added by paragraph (1)) 8
is withdrawn from all forms of 9
(A) entry, appropriation, or disposal under 10
the public land laws; 11
(B) location, entry, and patent under the 12
mining laws; and 13
(C) disposition under all laws pertaining to 14
mineral and geothermal leasing or mineral ma- 15
terials. 16
(f) ADDITIONAL PROTECTIONS FOR ROGUE RIVER 17
TRIBUTARIES. 18
(1) LICENSING BY COMMISSION.The Commis- 19
sion shall not license the construction of any dam, 20
water conduit, reservoir, powerhouse, transmission 21
line, or other project works on or directly affecting 22
any stream described in paragraph (4). 23
(2) OTHER AGENCIES. 24
150
FLO14631 S.L.C.
(A) IN GENERAL.No department or 1
agency of the United States shall assist by loan, 2
grant, license, or otherwise in the construction 3
of any water resources project on or directly af- 4
fecting any stream segment that is described in 5
paragraph (4), except to maintain or repair 6
water resources projects in existence on the 7
date of enactment of this Act. 8
(B) EFFECT.Nothing in this paragraph 9
prohibits any department or agency of the 10
United States in assisting by loan, grant, li- 11
cense, or otherwise, a water resources project 12
(i) the primary purpose of which is ec- 13
ological or aquatic restoration; and 14
(ii) that provides a net benefit to 15
water quality and aquatic resources. 16
(3) WITHDRAWAL.Subject to valid existing 17
rights, the Federal land located within
1
4 mile on ei- 18
ther side of the stream segments described in para- 19
graph (4), is withdrawn from all forms of 20
(A) entry, appropriation, or disposal under 21
the public land laws; 22
(B) location, entry, and patent under the 23
mining laws; and 24
151
FLO14631 S.L.C.
(C) disposition under all laws pertaining to 1
mineral and geothermal leasing or mineral ma- 2
terials. 3
(4) DESCRIPTION OF STREAM SEGMENTS.The 4
following are the stream segments referred to in 5
paragraph (1): 6
(A) KELSEY CREEK.The approximately 7
4.5-mile segment of Kelsey Creek from its 8
headwaters to the east section line of T. 32 S., 9
R. 9 W., sec. 34. 10
(B) EAST FORK KELSEY CREEK.The ap- 11
proximately 0.2-mile segment of East Fork 12
Kelsey Creek from its headwaters to the Wild 13
Rogue Wilderness boundary in T. 33 S., R. 8 14
W., sec. 5. 15
(C) EAST FORK WHISKY CREEK.The ap- 16
proximately 0.9-mile segment of East Fork 17
Whisky Creek from its headwaters to the Wild 18
Rogue Wilderness boundary in T. 33 S., R. 8 19
W., sec. 11. 20
(D) LITTLE WINDY CREEK.The approxi- 21
mately 1.2-mile segment of Little Windy Creek 22
from its headwaters to the west section line of 23
T. 33 S., R. 9 W., sec. 34. 24
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FLO14631 S.L.C.
(E) MULE CREEK.The approximately 1
5.1-mile segment of Mule Creek from its head- 2
waters to the east section line of T. 32 S., R. 3
10 W., sec. 25. 4
(F) MISSOURI CREEK.The approximately 5
3.1-mile segment of Missouri Creek from its 6
headwaters to the Wild Rogue Wilderness 7
boundary in T. 33 S., R. 10 W., sec. 24. 8
(G) JENNY CREEK.The approximately 9
3.1-mile segment of Jenny Creek from its head- 10
waters to the Wild Rogue Wilderness boundary 11
in T. 33 S., R. 9 W., sec. 28. 12
(H) RUM CREEK.The approximately 2.2- 13
mile segment of Rum Creek from its head- 14
waters to the Wild Rogue Wilderness boundary 15
in T. 34 S., R. 8 W., sec. 9. 16
(I) EAST FORK RUM CREEK.The approxi- 17
mately 0.8-mile segment of East Fork Rum 18
Creek from its headwaters to the Wild Rogue 19
Wilderness boundary in T. 34 S., R. 8 W., sec. 20
10. 21
(J) HEWITT CREEK.The approximately 22
1.4-mile segment of Hewitt Creek from its 23
headwaters to the Wild Rogue Wilderness 24
boundary in T. 33 S., R. 9 W., sec. 19. 25
153
FLO14631 S.L.C.
(K) QUAIL CREEK.The approximately 1
0.8-mile segment of Quail Creek from its head- 2
waters to the Wild Rogue Wilderness boundary 3
in T. 33 S., R. 10 W., sec. 1. 4
(L) RUSSIAN CREEK.The approximately 5
0.1-mile segment of Russian Creek from its 6
headwaters to the Wild Rogue Wilderness 7
boundary in T. 33 S., R. 8 W., sec. 20. 8
(M) DITCH CREEK.The approximately 9
0.7-mile segment of Ditch Creek from its head- 10
waters to the Wild Rogue Wilderness boundary 11
in T. 33 S., R. 9 W., sec. 5. 12
(N) LONG GULCH.The approximately 13
1.4-mile segment of Long Gulch from its head- 14
waters to the Wild Rogue Wilderness boundary 15
in T. 33 S., R. 10 W., sec. 23. 16
(O) BAILEY CREEK.The approximately 17
1.4-mile segment of Bailey Creek from its head- 18
waters to the west section line of T. 34 S., R. 19
8 W., sec. 14. 20
(P) QUARTZ CREEK.The approximately 21
3.3-mile segment of Quartz Creek from its 22
headwaters to its confluence with the North 23
Fork Galice Creek. 24
154
FLO14631 S.L.C.
(Q) NORTH FORK GALICE CREEK.The 1
approximately 5.7-mile segment of the North 2
Fork Galice Creek from its headwaters to its 3
confluence with Galice Creek. 4
(R) GRAVE CREEK.The approximately 5
10.2-mile segment of Grave Creek from the 6
confluence of Wolf Creek downstream to the 7
confluence with the Rogue River. 8
(S) CENTENNIAL GULCH.The approxi- 9
mately 2.2-mile segment of Centennial Gulch 10
from its headwaters to its confluence with the 11
Rogue River. 12
(T) GALICE CREEK.The approximately 13
2.2-mile segment of Galice Creek from the con- 14
fluence with the South Fork Galice Creek 15
downstream to the Rogue River. 16
Subtitle BDevils Staircase 17
Wilderness 18
SEC. 511. DEFINITIONS. 19
In this subtitle: 20
(1) MAP.The term map means the map en- 21
titled Devils Staircase Wilderness Proposal and 22
dated June 15, 2010. 23
(2) SECRETARY.The term Secretary 24
means 25
155
FLO14631 S.L.C.
(A) with respect to land under the jurisdic- 1
tion of the Secretary of Agriculture, the Sec- 2
retary of Agriculture; and 3
(B) with respect to land under the jurisdic- 4
tion of the Secretary of the Interior, the Sec- 5
retary of the Interior. 6
(3) STATE.The term State means the State 7
of Oregon. 8
(4) WILDERNESS.The term Wilderness 9
means the Devils Staircase Wilderness designated 10
by section 512(a). 11
SEC. 512. DEVILS STAIRCASE WILDERNESS, OREGON. 12
(a) DESIGNATION.In accordance with the Wilder- 13
ness Act (16 U.S.C. 1131 et seq.), the approximately 14
30,540 acres of Forest Service land and Bureau of Land 15
Management land in the State, as generally depicted on 16
the map, is designated as wilderness and as a component 17
of the National Wilderness Preservation System, to be 18
known as the Devils Staircase Wilderness. 19
(b) MAP; LEGAL DESCRIPTION. 20
(1) IN GENERAL.As soon as practicable after 21
the date of enactment of this Act, the Secretary 22
shall prepare a map and legal description of the Wil- 23
derness. 24
156
FLO14631 S.L.C.
(2) FORCE OF LAW.The map and legal de- 1
scription prepared under paragraph (1) shall have 2
the same force and effect as if included in this Act, 3
except that the Secretary may correct clerical and 4
typographical errors in the map and legal descrip- 5
tion. 6
(3) AVAILABILITY.The map and legal descrip- 7
tion prepared under paragraph (1) shall be on file 8
and available for public inspection in the appropriate 9
offices of the Forest Service and Bureau of Land 10
Management. 11
(c) ADMINISTRATION.Subject to valid existing 12
rights, the area designated as wilderness by this section 13
shall be administered by the Secretary in accordance with 14
the Wilderness Act (16 U.S.C. 1131 et seq.), except 15
that 16
(1) any reference in that Act to the effective 17
date shall be considered to be a reference to the date 18
of enactment of this Act; and 19
(2) any reference in that Act to the Secretary 20
of Agriculture shall be considered to be a reference 21
to the Secretary that has jurisdiction over the land 22
within the Wilderness. 23
157
FLO14631 S.L.C.
(d) FISH AND WILDLIFE.Nothing in this section 1
affects the jurisdiction or responsibilities of the State with 2
respect to fish and wildlife in the State. 3
(e) ADJACENT MANAGEMENT. 4
(1) IN GENERAL.Nothing in this section cre- 5
ates any protective perimeter or buffer zone around 6
the Wilderness. 7
(2) ACTIVITIES OUTSIDE WILDERNESS.The 8
fact that a nonwilderness activity or use on land out- 9
side the Wilderness can be seen or heard within the 10
Wilderness shall not preclude the activity or use out- 11
side the boundary of the Wilderness. 12
(f) PROTECTION OF TRIBAL RIGHTS.Nothing in 13
this section diminishes any treaty rights of an Indian 14
tribe. 15
(g) TRANSFER OF ADMINISTRATIVE JURISDIC- 16
TION. 17
(1) IN GENERAL.Administrative jurisdiction 18
over the approximately 49 acres of Bureau of Land 19
Management land north of the Umpqua River in sec. 20
32, T. 21 S., R. 11 W, is transferred from the Bu- 21
reau of Land Management to the Forest Service. 22
(2) ADMINISTRATION.The Secretary shall ad- 23
minister the land transferred by paragraph (1) in 24
accordance with 25
158
FLO14631 S.L.C.
(A) the Act of March 1, 1911 (commonly 1
known as the Weeks Law) (16 U.S.C. 480 et 2
seq.); and 3
(B) any laws (including regulations) appli- 4
cable to the National Forest System. 5
SEC. 513. WILD AND SCENIC RIVER DESIGNATIONS, 6
WASSON CREEK AND FRANKLIN CREEK, OR- 7
EGON. 8
Section 3(a) of the Wild and Scenic Rivers Act (16 9
U.S.C. 1274(a)) (as amended by section 302(a)) is amend- 10
ed by adding at the end the following: 11
(214) FRANKLIN CREEK, OREGON.The 4.5- 12
mile segment from its headwaters to the line of 13
angle points within sec. 8, T. 22 S., R. 10 W., 14
shown on the survey recorded in the Official Records 15
of Douglas County, Oregon, as M6462, to be ad- 16
ministered by the Secretary of Agriculture as a wild 17
river. 18
(215) WASSON CREEK, OREGON.The 10.1- 19
mile segment in the following classes: 20
(A) The 4.2-mile segment from the east- 21
ern boundary of sec. 17, T. 21 S., R. 9 W., 22
downstream to the western boundary of sec. 12, 23
T. 21 S., R. 10 W., to be administered by the 24
Secretary of the Interior as a wild river. 25
159
FLO14631 S.L.C.
(B) The 5.9-mile segment from the west- 1
ern boundary of sec. 12, T. 21 S., R. 10 W., 2
downstream to the eastern boundary of the 3
northwest quarter of sec. 22, T. 21 S., R. 10 4
W., to be administered by the Secretary of Ag- 5
riculture as a wild river.. 6
Subtitle CAdditional Wild and 7
Scenic River Designations and 8
Technical Corrections 9
SEC. 521. DESIGNATION OF WILD AND SCENIC RIVER SEG- 10
MENTS, MOLALLA RIVER, OREGON. 11
(a) IN GENERAL.Section 3(a) of the Wild and Sce- 12
nic Rivers Act (16 U.S.C. 1274(a)) (as amended by sec- 13
tion 513) is amended by adding at the end the following: 14
(216) MOLALLA RIVER, OREGON. 15
(A) IN GENERAL.The following seg- 16
ments in the State of Oregon, to be adminis- 17
tered by the Secretary of the Interior as a rec- 18
reational river: 19
(i) MOLALLA RIVER.The approxi- 20
mately 15.1-mile segment from the south- 21
ern boundary line of T. 7 S., R. 4 E., sec. 22
19, downstream to the edge of the Bureau 23
of Land Management boundary in T. 6 S., 24
R. 3 E., sec. 7. 25
160
FLO14631 S.L.C.
(ii) TABLE ROCK FORK MOLALLA 1
RIVER.The approximately 6.2-mile seg- 2
ment from the easternmost Bureau of 3
Land Management boundary line in the 4
NE
1
4 sec. 4, T. 7 S., R. 4 E., down- 5
stream to the confluence with the Molalla 6
River. 7
(B) WITHDRAWAL.Subject to valid ex- 8
isting rights, the Federal land within the 9
boundaries of the river segments designated by 10
subparagraph (A) is withdrawn from all forms 11
of 12
(i) entry, appropriation, or disposal 13
under the public land laws; 14
(ii) location, entry, and patent under 15
the mining laws; and 16
(iii) disposition under all laws relat- 17
ing to mineral and geothermal leasing or 18
mineral materials.. 19
(b) TECHNICAL CORRECTIONS.Section 3(a)(102) of 20
the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(102)) 21
is amended 22
(1) in the heading, by striking SQUAW CREEK 23
and inserting WHYCHUS CREEK; 24
161
FLO14631 S.L.C.
(2) in the matter preceding subparagraph (A), 1
by striking McAllister Ditch, including the Soap 2
Fork Squaw Creek, the North Fork, the South 3
Fork, the East and West Forks of Park Creek, and 4
Park Creek Fork and inserting Plainview Ditch, 5
including the Soap Creek, the North and South 6
Forks of Whychus Creek, the East and West Forks 7
of Park Creek, and Park Creek; and 8
(3) in subparagraph (B), by striking 9
McAllister Ditch and inserting Plainview Ditch. 10
SEC. 522. TECHNICAL CORRECTIONS TO THE WILD AND 11
SCENIC RIVERS ACT. 12
Section 3(a)(69) of the Wild and Scenic Rivers Act 13
(16 U.S.C. 1274(a)(69)) is amended 14
(1) by redesignating subparagraphs (A), (B), 15
and (C) as clauses (i), (ii), and (iii), respectively, 16
and indenting appropriately; 17
(2) in the matter preceding clause (i) (as so re- 18
designated), by striking The 44.5mile and insert- 19
ing the following: 20
(A) DESIGNATIONS.The 44.5mile; 21
(3) in clause (i) (as so redesignated) 22
(A) by striking 25.5mile and inserting 23
27.5mile; and 24
162
FLO14631 S.L.C.
(B) by striking Boulder Creek at the 1
Kalmiopsis Wilderness boundary and inserting 2
Mislatnah Creek; 3
(4) in clause (ii) (as so redesignated) 4
(A) by striking 8mile and inserting 5
7.5mile; and 6
(B) by striking Boulder Creek to Steel 7
Bridge and inserting Mislatnah Creek to 8
Eagle Creek; 9
(5) in clause (iii) (as so redesignated) 10
(A) by striking 11mile and inserting 11
9.5mile; and 12
(B) by striking Steel Bridge and insert- 13
ing Eagle Creek; and 14
(6) by adding at the end the following: 15
(B) WITHDRAWAL.Subject to valid 16
rights, the Federal land within the boundaries 17
of the river segments designated by subpara- 18
graph (A), is withdrawn from all forms of 19
(i) entry, appropriation, or disposal 20
under the public land laws; 21
(ii) location, entry, and patent under 22
the mining laws; and 23
163
FLO14631 S.L.C.
(iii) disposition under all laws per- 1
taining to mineral and geothermal leasing 2
or mineral materials.. 3

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