Sec. 101. Management on Oregon and California Railroad and Coos Bay Wagon Road grant land
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The Act of August 28, 1937 ( 43 U.S.C. 1181a et seq. ), is amended— by redesignating sections 2, 4, and 5 ( 43 U.S.C. 1181b , 1181d, 1181e) as sections 119, 120, and 121, respectively; and by striking the first section and inserting the following: This Act may be cited as the . Oregon and California Land Grant Act In this Act: The term archeological site means any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register under section 106 of the National Historic Preservation Act (16 U.S.C. 470f).
The term conservation emphasis area means covered land that is devoted to conservation uses as designated on the map under section 102(a)(2). The term covered land means Oregon and California Railroad and Coos Bay Wagon Road grant land described in section 101. The term Department means the Department of the Interior. The term dry forest means— during the 10-year period beginning on the date of enactment of the Oregon and California Land Grant Act of 2013 , land generally depicted as dry forest on the map entitled O&C Land Grant Act of 2013:
Moist Forests and Dry Forests and dated November 18, 2013, except that plant associations and plant association groups may be used to adjust the dry forest assignment in specific locations based on an on-the-ground field examination by the Secretary; and after the period described in subparagraph (A), land designated as dry forest by the Secretary under section 103(b). The term ecological forestry means forestry that— incorporates principles of natural forest development (including the role of natural disturbances) in the initiation, development, and maintenance of stands and landscape mosaics; and is based on the application of the best available ecological understanding of forest ecosystems in managing those ecosystems to achieve integrated environmental, economic, and cultural outcomes.
The term forestry emphasis area means covered land that is primarily devoted to a sustained yield of timber harvest over time, as designated on the map under section 102(a)(1). The term key watershed means a watershed that— is critical to 1 or more populations of native fish; provides high quality water; and is the same as 1 of the key watersheds designated under the Northwest Forest Plan. The term moist forest means— during the 10-year period beginning on the date of enactment of the Oregon and California Land Grant Act of 2013 , land generally depicted as moist forest on the map entitled O&C Land Grant Act of 2013:
Moist Forests and Dry Forests and dated November 18, 2013, except that plant associations and plant association groups may be used to adjust the dry forest assignment in specific locations based on an on-the-ground field examination by the Secretary; and after the period described in subparagraph (A), land designated as moist forest by the Secretary under section 103(b). The term Monument means the Cascade-Siskiyou National Monument (as defined in section 1401 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 431 note;
Public Law 111–11 )). The term nest tree means a tree that— is currently in use by a northern spotted owl for nesting; or has been documented to have been used by a northern spotted owl for nesting during the previous 5-year period. The term nest tree does not include a tree that has been used by a northern spotted owl for nesting during the previous 5-year period if the tree— is located in an area in which a major disturbance (such as a crown fire, tree defoliating insect or disease outbreak, or blow down) has occurred during the period; and is not currently being occupied by a northern spotted owl.
The term old growth means— in the case of a moist forest, trees that are— greater than 150 years of age measured at breast height; or in a stand of trees in which the average stand age is 120 years or greater as of the date of enactment of the Oregon and California Land Grant Act of 2013 ; and generally depicted as old growth stands on the map entitled O&C Land Grant Act of 2013: Legacy Old Growth Protection Network and dated November 18, 2013; and in the case of a dry forest, trees that are greater than 150 years of age measured at breast height.
The term older trees means trees that are older than 100 years of age but less than 150 years of age measured at breast height as of the date of enactment of the Oregon and California Land Grant Act of 2013 . The term residence means a privately owned, permanent structure that is— maintained for habitation as a dwelling or workplace; and located in an area with a density that is greater than 1 structure per 20 acres. The term riparian reserve means an area that is— solely devoted to achieving the goals for the aquatic conservation strategy described in section 102(e); and generally located along a river, stream, lake, wetland, or other hydrologic feature or unstable or potentially unstable area for which special standards and guidelines direct land use.
The term salmon means any of the wild anadromous Oncorhynchus species that occur in the State. The term salmon includes— chinook salmon (Oncorhynchus tshawytscha); coho salmon (Oncorhynchus kisutch); chum salmon (Oncorhynchus keta); steelhead trout (Oncorhynchus mykiss); and coastal cutthroat trout (Oncorhynchus clarkii clarkii). The term Secretary means the Secretary of the Interior, acting through the Bureau of Land Management. The term site-potential tree height means the average maximum height of the tallest dominant trees that are 200 years of age for a given site class.
The term stands less than or equal to 80 years of age means stands of trees in forestry emphasis areas that are less than or equal to 80 years of age as generally depicted on the map entitled O&C Land Grant Act of 2013: Forest Stands Less Than or Equal to 80 Years of Age and dated November 18, 2013. The term State means the State of Oregon. The term sustained yield means the timber yield that can be sustained under a specific management intensity consistent with multiple-use objectives on forestry emphasis areas.
The term tree tipping means the intentional felling and placement of trees in a stream or on the forest floor during timber harvest operations. The term watershed analysis means an analysis of the geomorphic and ecological processes in watersheds to determine the ecological importance of streams and riparian areas. The term watershed protection means sustaining and enhancing watershed functions that affect the plant, animal, and human communities within a watershed boundary. The term watershed restoration means a comprehensive, long-term restoration intended to restore watershed health and an aquatic ecosystem, including the habitat supporting fish and other aquatic and riparian-dependent organisms and the ecological processes that create and maintain habitats.
Notwithstanding the Act of June 9, 1916 (39 Stat. 218, chapter 137), and the Act of February 26, 1919 (40 Stat. 1179, chapter 47), such portions of the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant land as are under the jurisdiction of the Department and are classified as timberland or power-site land valuable for timber shall be managed in accordance with this Act. Except as specifically provided in this Act, nothing in this Act modifies any designation or conveyance of any portion of the covered area as in effect on the day before the date of enactment of the Oregon and California Land Grant Act of 2013 .
As designated on the map entitled O&C Land Grant Act of 2013: Forestry Emphasis Areas and Conservation Emphasis Areas and dated November 18, 2013, covered land shall be allocated into— forestry emphasis areas; and conservation emphasis areas. Covered land shall be managed in a manner that is consistent with this Act and under management strategies that— consider human and economic dimensions of the management of covered land; protect the long-term health of forests, wildlife, and waterways; are scientifically sound, ecologically credible, and legally responsible; produce a predictable and sustainable level of timber sales and nontimber resources that do not significantly degrade the environment; and emphasize collaboration among the Federal agencies responsible for management of covered land.
Forestry emphasis areas shall be managed for permanent forest production. Timber from forestry emphasis areas shall be sold, cut, and removed in conformity with the principle of sustained yield and ecological forestry for the purposes of— providing a permanent source of timber supply; protecting watersheds; regulating stream flow; contributing to the economic stability of local communities and industries; and providing recreational facilities and opportunities. Except as provided in paragraph (3), the Secretary shall prohibit the cutting or removal of any old growth in a covered area.
The stands depicted on the map entitled O&C Land Grant Act of 2013: Legacy Old Growth Protection Network and dated November 18, 2013, shall be designated as the Legacy Old Growth Protection Network to provide for the protection, preservation, and enhancement of ecological, scenic, cultural, watershed, and fish and wildlife values. The Secretary shall— prohibit harvest of trees within the areas designated under subparagraph (A); and only allow uses that are consistent with the purposes described in subparagraph (A).
Paragraph
(1)shall not apply if the Secretary determines that there is no reasonable alternative to the cutting or removal of an old growth tree for a purpose described in this paragraph. An old growth tree may be cut or removed for administrative purposes to carry out a construction or maintenance project if the project would cost more than an additional $3,000 to complete to meet the objectives of the project if the old growth tree is not removed. An old growth tree may be cut or removed for public safety purposes if— a federally employed forester or certified arborist determines the old growth tree is likely to fall within 1 year; and the fall of the old growth tree could— injure a member of the public or an employee of the Department that regularly is in the vicinity of the old growth tree; or cause property damage in excess of $3,000. An old growth tree may be cut or removed for scientific purposes as part of a research project if the Director of the National Applied Resource Sciences Center— approves the research project; and determines there is an advantageous reason to cut an old growth tree on land on which the research project will be carried out rather than on other land managed by the Secretary. An old growth tree may be cut or removed for special use purposes that are limited to— a utility right-of-way, if there is no reasonable alternative; or a cultural use by a federally recognized Indian tribe. Before allowing a special use under this subparagraph, the Secretary shall conduct an informal rulemaking with a 90-day public comment period. In carrying out this paragraph, the Secretary shall— provide public notice of the location of the trees; certify the reasons for allowing the cutting or removal of old growth trees under this paragraph; and seek public comment on the cutting or removal for at least 7 days if more than 5 trees will be cut or removed within a 30-day period in the same 5-level hydrologic unit code watershed. Any tree cut or removed under this paragraph may not be sold commercially. Not later than 1 year after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Secretary shall develop protocols for identifying trees greater than 150 years of age at breast height. The primary focus of aquatic and riparian protection in the covered area shall be to protect, maintain, and restore natural ecological functions and processes beneficial to water quality and quantity, including temperature and turbidity, native fish and wildlife, and watershed resilience, including the continued provision of ecosystem services. The Secretary shall carry out an aquatic conservation strategy to promote the objectives described in paragraph
(1)and the resiliency of the aquatic ecosystems consistent with the goals of the aquatic conservation strategy. The goals of the aquatic conservation strategy shall be— to protect, maintain, and restore aquatic ecosystems and the associated ecological processes for fish, other aquatic organisms, riparian-dependent species, and human needs across a region; to manage aquatic ecosystems in a manner that recognizes that fish and other aquatic organisms evolved within a dynamic environment that is constantly influenced and changed by geomorphic and ecological disturbances; to protect important drinking water source areas and maintain and restore water quality necessary to support healthy riparian, aquatic, and wetland ecosystems; and to protect, maintain, and restore in-stream flows sufficient to create and sustain riparian, aquatic, and wetland habitats and to retain patterns of sediment, nutrient, and wood routing. The aquatic conservation strategy shall incorporate the key components of the aquatic conservation strategy described in paragraph (2), which shall operate to maintain and restore the productivity and resiliency of riparian and aquatic ecosystems, including— riparian reserves; watershed analysis; key watersheds; and watershed restoration. Riparian reserves shall be established in the covered area to protect, maintain, and restore ecosystem health at watershed and landscape scales and to promote the objectives described in paragraph (1), consistent with section 103(f) for the forestry emphasis areas and section 105(c) for the conservation emphasis areas. Management and restoration activities in riparian reserves shall only be undertaken to protect, maintain, or restore aquatic resources as provided in this subsection. Except as provided in section 103(f), timber harvest in riparian reserves shall only occur in stands less than or equal to 80 years of age. Key watersheds, drinking water emphasis areas, and drinking water special management units established under sections 108, 109, 110, and 111 shall have the highest priority for watershed restoration and protection in the covered area. Watershed analysis shall be required before timber harvests occur in key watersheds, other than minor activities that are categorically excluded under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). The Secretary is encouraged to work with adjacent private landowners who have agreed to cooperate with Secretary to further the purposes of this section. The total quantity of system and nonsystem roads on covered land shall be less than or equal to the total quantity of system and nonsystem roads on covered land as of the date of enactment of the Oregon and California Land Grant Act of 2013 . Not later than the earlier of the date that is 1 year after the vegetation management project is completed or the date that is 2 years after the activities for which a temporary road was constructed are completed, temporary roads that are constructed on covered land, if necessary, shall be made benign by— closing the temporary roads; and decommissioning the temporary roads; or placing the temporary roads into short-term storage. To the maximum extent practicable and subject to the availability of appropriations, the Secretary shall reduce the total quantity of road miles for system and nonsystem roads, with priority for road reductions given to key watersheds. The Secretary shall prohibit the construction of any new permanent system road in any portion of the covered land within the key watersheds and drinking water protection areas of the covered land unless the construction contributes to achieving the goals of the aquatic conservation strategy. The Secretary shall prohibit the construction of any new road in any inventoried roadless area on covered land in key watersheds, drinking water emphasis areas, and conservation emphasis areas. In carrying out a watershed analysis under this Act, the Secretary shall identify roads that the Secretary determines could be closed or decommissioned. During periods of timber harvesting, the Secretary shall carry out tree tipping activities on riparian reserves on covered land, as the Secretary determines necessary, to improve timber delivery to streams. The Secretary shall annually use approximately $1,000,000 of amounts made available under this Act to transport and place large trees in streams on Federal, State, or private land to improve the quality of fish habitat, as the Secretary determines necessary. Silvicultural activities shall be conducted in a forestry emphasis area, and the forestry emphasis area shall be managed, in accordance with this section. Management actions shall be considered in the environmental impact statement required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and section 104(a). During the 10-year period beginning on the date of enactment of the Oregon and California Land Grant Act of 2013 , the moist and dry forests shall be determined as depicted on the map entitled O&C Land Grant Act of 2013: Moist Forests and Dry Forests , and dated November 18, 2013, except that plant associations and plant association groups may be used to adjust the dry and moist forest assignments in specific locations based on an on-the-ground field examination by the Secretary. Not later than 10 years after the date of enactment of the Oregon and California Land Grant Act of 2013 and every 10 years thereafter, the Secretary shall reevaluate the initial assignments of land areas in moist forest and dry forest categories in forestry emphasis areas under paragraph
(1)based on— plant association groups; and the criteria described in this subsection. For purposes of this subsection, moist forests generally— experience infrequent wildfires at intervals of 1 to several centuries, including extensive areas in which fire severity results in stand-replacement conditions; and include the following plant association groups: the Western Hemlock (Tsuga heterophylla) series; the Sitka Spruce (Picea sitchensis) series; the Western Redcedar (Thuja plicata) series; the Pacific Silver Fir (Abies amabilis) series; the Mountain Hemlock (Tsuga mertensiana) series; the Subalpine Fir-Engelmann Spruce (Abies lasiocarpa-Picea engelmannii) series; the Tanoak (Lithocarpus densiflorus) series; the Moist Grand Fir (Abies grandis) plant association group; and the Moist White Fir (Abies concolor) plant association group. For purposes of this subsection, dry forests generally— experience relatively frequent and predominantly low- and mixed-severity fires; and include the following plant association groups: the Moist Grand Fir (Abies grandis) plant association group; the Moist White Fir (Abies concolor) plant association group; the Ponderosa Pine (Pinus ponderosa) series; the Oregon White Oak (Quercus garryana) series; the Douglas-fir (Pseudotsuga menziesii) series; the Jeffrey Pine (Pinus jeffreyi) series; the Dry Grand Fir (Abies grandis) plant association group; and the Dry White Fir (Abies concolor) plant association group. For purposes of this Act, a site characterized as a Moist Grand Fir or a Moist White Fir plant association group may be considered moist forest or dry forest based on the condition of the land, landscape context, and management goals. On a site at which dry and moist forests combine and are not readily separated, management shall be based on the dominant type in terms of area. In carrying out this subsection, the Secretary shall— provide the public a period of not less than 60 days to comment on the redesignation of moist forests and dry forests; and redesignate moist forests and dry forests once every 10 years. Vegetation treatments shall be developed consistent with this subsection. A vegetation treatment under this section shall be— considered in the environmental impact statement required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and section 104(a); and designed to produce no significant negative effects on— cultural sites of federally recognized Indian tribes; inventoried roadless areas; the existing integrity of archeological sites; highly erodible land; wetland under the jurisdiction of the Corps of Engineers or delineated by the Natural Resources Conservation Service; and species listed as endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), unless incidental take statements have been issued for the listed species. A proposed silvicultural treatment on land described in clauses
(i)through
(v)of paragraph (2)(B) shall seek to produce no significant negative impact primarily by— not harvesting trees, or operating heavy equipment, on the sites; or mitigating the impact of the treatment through actions such as the capping of archeological sites with wood chips, except that relying on mitigation measures to achieve no significant negative impact may only be used infrequently for timber sales. A vegetation treatment analyzed as part of the environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and section 104(a) for land identified by the Secretary as part of northern spotted owl recovery plan Action 10 or 32 can only occur if the Secretary, acting through the United States Fish and Wildlife Service, releases an opinion that the proposed vegetative treatment is— compatible with requirements under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) for the northern spotted owl, considered over the long-term; or necessary to address a severe threat of disease, insects, or fire. In addition to standards under any applicable environmental law, a vegetation treatment for a timber sale under this section shall be designed so that the sale does not result in measurable, significant negative impacts on water quality. For the purposes of assessing potential negative impacts on water quality under this section from vegetation treatments, the Secretary shall only consider water quality— at the time of the determination to determine the present condition; and at a time that is 5 years after the date of the initial determination and that is at least 2 years after the date of the timber sale. No nest tree shall be cut in a forestry emphasis area unless the nest tree poses a repeated, imminent threat to the safety of the public or employees of the Department. Not earlier than 180 days before the date the Secretary plans to offer a timber sale in a forestry emphasis area, the Secretary shall survey the timber sale area to locate potential nest trees that the Secretary has not located. The duration of the survey shall be such that the Secretary shall have an employee survey for nest trees at a rate of 1 day for each 100 acres of the timber sale. During the 14-day period beginning on the date a consistency document required under section 104(d) is completed for a project, the Secretary shall accept information from the public concerning the location of nest trees. The Secretary shall ensure that the protections required under this Act are provided for verified nest trees. Consistent with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), if the harvest of timber within a limited area of marbled murrelet habitat would provide benefits to a forest ecosystem (including the increased diversity of stand structure, composition, and age and reducing the scarcity of early successional habitat), the harvest may occur if the Secretary confers with the Director of the United States Fish and Wildlife Service in selecting areas within marbled murrelet habitat in which timber harvests may occur. The Secretary shall, to the maximum extent practicable, provide a sustained yield of timber harvest, averaged over a 10-year period, from the forestry emphasis area, that is calculated assuming an ecological forestry approach, unless the action will have severe adverse environmental, economic, or social consequences. The Secretary shall calculate the sustained yield for a 50-year period as part of the environmental impact statement required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and section 104(a). In calculating the sustained yield from a forestry emphasis area, the Secretary shall not include the volume of timber that could be offered from reserved areas, such as conservation emphasis areas. Forestry emphasis areas that are designated as moist forests under this section shall be managed in accordance with the principles of ecological forestry (including principles relating to variable retention regeneration harvests) described in paragraph (2). The ecological forestry principles referred to in paragraph
(1)include— the retention of old growth; the seeking of opportunities to retain older trees if practicable; the acceleration of the development of structural complexity, including spatial heterogeneity, in younger stands, through the use of diverse silvicultural approaches, such as variable density and clump-based prescriptions; the implementation of variable retention regeneration harvesting activities that retain approximately 1/3 of the live basal area of the forest within the harvest area, primarily in aggregates, including riparian and other reserves and dispersed individual and small clusters of conifers and hardwoods within the harvest area unit, a portion of which may be used for snag creation, except that old growth stands shall not be considered as part of the 1/3 basal area retention; the development and maintenance of early seral ecosystems with diverse species following harvesting activities through the use of less intense approaches to site preparation and tree regeneration and nurturing of diverse early seral ecosystems; the use of rotations of sufficient length to allow stands to redevelop with levels of structural complexity and biodiversity characteristics of late-successional stands, but when the stands reach the rotation age of the stands, the stands will be regenerated through variable-retention harvesting; and the establishment of a silvicultural system that includes the development and management of multiaged, mixed-species stands on harvest rotation periods of 80 to 120 years. The Secretary shall designate not less than 8 percent and not more than 12 percent of the moist forests described in paragraph
(1)as land on which the Secretary shall carry out variable retention regeneration harvesting activities, consistent with this section, during each 10-year period in a manner consistent with the environmental impact statement required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and section 104(a). The moist forests designated as variable retention regeneration harvest land under subparagraph
(A)shall not be limited to stands that have generally reached the culmination of mean annual increment. The Secretary shall carry out thinning activities in the moist forests described in paragraph
(1)to promote tree growth and ecological health and variability. The goal of thinning activities under this paragraph shall be to establish spatially variable stand densities and complex canopies using thinning regimes that enhance the structural and compositional diversity of the stand and individual tree development. In carrying out thinning activities under this paragraph, the Secretary shall not reduce the total basal area of the stand (as determined on the date on which the thinning activities commence) by more than 50 percent. The Secretary shall exclude old growth trees from thinning activities under this paragraph. Forestry emphasis areas that are designated as dry forests under this section shall be managed in accordance with ecological forestry principles described in paragraph
(2)and, as determined necessary by the Secretary, with fire resiliency needs, consistent with this subsection. The ecological forestry principles referred to in paragraph
(1)include— the retention and improvement of the survivability of old growth trees through the reduction of adjacent fuels and competing vegetation to promote resilience against mortality from insects, disease, and fire; the retention and protection of important structures such as large hardwoods, snags, and logs; the reduction of overall stand densities through partial cutting in an effort to— reduce basal areas to desired levels, particularly in overstocked stands; increase the mean stand diameter; shift the composition of stands to fire- and drought-tolerant species; and retain older trees for replacement purposes; the restoration of spatial heterogeneity through the variation of the treatment of stands, such as by leaving untreated patches, creating openings of not more than 2.5 acres, and establishing tree clumps and isolated single trees; the establishment of new tree cohorts of shade-intolerant species in created openings, generally varying in size between 0.2 and 2.5 acres; the harvesting of timber during the restoration process; the maintenance of sustainable and fire-resilient conditions in perpetuity through active management of the dry forests in accordance with this subsection, including the treatment of activity fuels and the restoration of historic levels of surface fuels and understory vegetation using prescribed fire and mechanical activities; the planning and implementation of activities at the landscape level to maintain not less than 1/3 of the dry forests as denser landscape-scale patches to provide greater forest density for endangered and threatened species and their prey; and the retention of a basal area after a partial cut that is not less than 35 percent of the initial basal area of the sale area. For a forestry emphasis area that is designated as a dry forest under this section and located within .25 miles of a residence, the primary purpose of any vegetation treatment carried out by the Secretary on that land shall be to manage fuel loadings to reduce the risk to the residence posed by wildfire. In carrying out vegetation treatment activities on land described in clause (i), the Secretary shall— cut and remove trees and brush to eliminate the vertical continuity of vegetative fuels and the horizontal continuity of tree crowns for the purpose of reducing flammable materials and maintaining a shaded fuelbreak to reduce fire spread, duration, and intensity; and treat surface fuels (including activity fuels, low brush, and deadwood) on that land that could promote the spread of wildfire in a manner designed to achieve an average of a 4-foot maximum flame length under average severe fire weather conditions. If a timber sale is planned within 1/2 mile of a residence, the Secretary is encouraged to carry out vegetation treatment activities on that Federal land at the same time as the timber sale. A county may carry out a fuel reduction project on the land described in clause
(i)in a manner consistent with subclause
(I)if— the county notifies the Secretary of the intent of the county to carry out the project, including a description of the project and duration of the project; the Secretary determines the project is consistent with this Act and is in the best interest of the public; and the county carries out the project using county funds, which may include amounts made available to the county under this Act. In prioritizing fire resiliency projects under this subparagraph, the Secretary or the county may use project recommendations received from a resource advisory council or described in a community wildfire protection plan. A person may enter and treat any forestry emphasis area that is designated as a dry forest under this section that is located within 100 feet of the residence of that person without a permit from the Secretary if— the treatment is carried out at the expense of the person; the person notifies the Secretary of the intent to treat that land; and the person carries out the treatment activities in accordance with clause (iii). Not less than 30 days before beginning to treat land described in clause (i), the person shall notify the Secretary of the intention of that person to treat that land. Not less than 15 days before the date of the commencement of treatment actions, the person shall notify the Secretary before beginning the treatment. A person treating land described in clause
(i)shall carry out the treatment as follows: No dead tree, nest tree, old growth, or tree greater than 24 inches in diameter shall be cut. Any residual trees shall be pruned— to a height of the lesser of 10 feet or 50 percent of the crown height of the tree; and such that all parts of the tree are at not less than 10 feet away from the residence. Vegetation shall be cut such that— less flammable species are favored for retention; and the adequate height and spacing between bushes and trees are maintained. No herbicide or insecticide application shall be used. All slash created from treatment activities under this subparagraph shall be removed or treated not later than 60 days after the date on which the slash is created. In carrying out the aquatic conservation strategy in forestry emphasis areas, the Secretary shall establish riparian reserves that— in the case of land located along a fish-bearing stream, are 1 site-potential tree height or 150 feet slope distance, whichever is greater; in the case of land located along a permanently flowing nonfish-bearing stream, are 1/2 of a site-potential tree height or 75 feet slope distance, whichever is greater; in the case of land located along a seasonally flowing or intermittent stream, are whichever is greater among— the stream channel to the top of the inner gorge and out to the edge of the riparian vegetation; a distance of 1/2 of a site-potential tree height; or 75-feet slope distance; in the case of a wetland greater than 1 acre, a lake, or a natural pond, are whichever is greater among— the body of water and land located along the wetland, lake, or pond to the outer edges of riparian vegetation; a distance of 2 site-potential tree height; or 300-feet slope distance; in the case of a constructed pond or a reservoir, are the area from the maximum pool elevation to a distance equal to the height of 1 site-potential tree or 150-feet slope distance, whichever is greater; and in the case of a wetland that is less than 1 acre or an unstable or potentially unstable area, are whichever is greater among— the extent of the unstable and potentially unstable area or the wetland less than 1 acre, as applicable, to the outer edges of the riparian vegetation; a distance of 1 site-potential tree height; or 150-feet slope distance. For a nonfish-bearing stream, the Secretary shall establish a buffer of an additional 1/2 of a site-potential tree height or 75 feet slope distance, whichever is greater, which buffer shall be available for timber management using ecological forestry principles while maintaining wood delivery to streams. A timber harvest on the buffer land described in clause
(i)shall be— conducted in accordance with the principles of ecological forestry; and be limited to stands less than or equal to 80 years of age. Subject to item (bb), in dry forests, timber harvest may occur in a stand that exceeds 80 years of age if the harvest is carried out for a compelling ecological reason, such as to protect the stand from insect outbreak or destructive wildfire. An old growth tree shall not be included in a timber harvest under item (aa). Not later than 90 days after the date of enactment of the Oregon and California Land Grant Act of 2013 , a scientific committee established by the Secretary shall develop criteria to be used in carrying out a watershed analysis for forestry emphasis areas. The committee established under subparagraph
(A)shall be comprised of 5 individuals who— are not full-time employees of the Bureau of Land Management; and have expertise relating to aquatic and riparian ecosystems. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the committee established under this paragraph. The criteria developed under subparagraph
(A)shall include at a minimum— the importance of the streams to salmon populations; the impacts of thermal loading; water quality; and the potential for the delivery or deposition of sediment and wood from upslope sources. The Secretary shall use the criteria established by the scientific committee to determine the ecological importance of fish-bearing streams and nonfish-bearing streams. The Secretary shall make the determinations described in clause
(i)available to the public at the time the Secretary submits the report to the scientific committee. Not later than 210 days after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Secretary shall submit to the scientific committee established under subparagraph
(B)a watershed analysis that includes the fish-bearing streams and nonfish-bearing streams in key watersheds categorized by ecological importance. Not later than 240 days after the date of enactment of the Oregon and California Land Grant Act of 2013 , the scientific committee shall submit comments to the Secretary on the determinations made by the Secretary of the ecological importance of the streams within the covered area. The scientific committee shall use only the criteria established under subparagraph
(C)to evaluate the determinations made by the Secretary. On receipt by the Secretary, the comments submitted by the scientific committee shall be made publically available. The Secretary shall— revise the watershed analysis, as the Secretary considers necessary; and consider the comments submitted by the scientific committee. The revised watershed analysis shall be used in preparing and included in whole in each draft environmental impact statement developed under section 104(a)(1). The results of the watershed analysis shall be available for use in conservation efforts on other Federal land and on non-Federal land. In accordance with the watershed analysis, the Secretary shall revise the riparian reserves on the forestry emphasis areas. The revisions shall be reflected in— the initial environmental impact statements prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and section 104(a); and each subsequent 10-year environmental impact statement. The Secretary shall revise the riparian buffer system as follows: For a riparian reserve located along a fish-bearing stream, lake, or wetland, that the Secretary determines, based on the watershed analysis, to be of minimal ecological importance, the size of the riparian reserve shall be 100 feet slope distance. For a riparian reserve located along a nonfish-bearing stream, lake, or wetland that the Secretary determines, based on the watershed analysis, to be of minimal ecological importance, the size of the riparian reserve shall be 50 feet slope distance. For a riparian reserve located along a fish-bearing or nonfish-bearing stream, lake, or wetland that the Secretary determines, based on the watershed analysis, to be of significant ecological importance, the size of the riparian reserve shall be 1 site-potential tree height or 150 feet slope distance, whichever is greater. The total amount of riparian reserves within each 5th-level hydrologic unit code watershed in the forestry emphasis areas shall equal at least 75 percent and not more than 125 percent of the previous riparian reserves established under paragraph (1). The Secretary shall establish buffers for the riparian reserves described in clauses
(i)and
(ii)of subparagraph
(C)that extend out to 1-site potential tree. The buffers shall be managed in the same manner as the buffers described in paragraph (1)(B). The Secretary shall manage the revised riparian reserve areas described in subparagraph
(D)in accordance with the following standards: Timber harvest within riparian reserves shall be restricted to thinning stands less than or equal to 80 years of age to achieve the goals of the aquatic conservation strategy. Timber harvest, roads, grazing, mining, recreation, and all other activities shall be compatible with achievement of the goals of the aquatic conservation strategy in order to occur. Riparian-dependent and stream resources shall receive primary emphasis in riparian reserve landscapes. Forestry emphasis areas designated as Drinking Water Emphasis Area and depicted as such on the maps entitled O&C Land Grant Act of 2013: McKenzie Drinking Water Area , O&C Land Grant Act of 2013: Hillsboro Drinking Water Area , O&C Land Grant Act of 2013: Clackamas Drinking Water Area , and O&C Land Grant Act of 2013: Springfield Drinking Water Area and dated November 18, 2013, and riparian areas within key watersheds shall not be subject to this subsection but shall instead be subject to section 105(c). Not later than 150 days after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Secretary shall select locations in forestry emphasis areas in which the Secretary intends to harvest timber during— the 10-year period covered by the environmental impact statement prepared under the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and 104(a); and each subsequent 10-year period covered by an environmental impact statement. The areas selected under subparagraph
(A)shall reflect a prioritization plan and harvest levels, including the sustained yield, identified in the environmental impact statement prepared under the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and section 104(a). The Secretary shall seek public comments for 45 days on the selection of the areas under subparagraph (A). The Secretary shall revise the prioritization plan for forestry emphasis areas, as the Secretary considers necessary, based on the public comments received. The revised prioritization plan for forestry emphasis areas shall be used in preparing and included in whole in each draft environmental impact statement developed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and section 104(a). The Secretary shall develop plans for the moist forest portions of the forestry emphasis area and dry forest portions of the covered area. The plans described in subparagraph
(A)shall include— landscape level plans showing the areas of the moist forest landscapes that will result in distribution of variable retention regeneration harvests to ensure desired placement and the appropriate scale of implementation; and areas that will, in the case of a moist forest site, accelerate development of complex forest structure, including opportunities to create spatial heterogeneity (such as creating skips and gaps), in a young stand that has a canopy that has— closed; and been simplified through past management. The dry forest plans described in subparagraph
(A)shall include— a landscape level plan showing the areas of any dry forest landscape that will be left in a denser condition for the first 30 years after the date of enactment of the Oregon and California Land Grant Act of 2013 ; the areas of any dry forest that may be considered for thinning or restoration treatments beginning on the date that is 30 years after the date of enactment of the Oregon and California Land Grant Act of 2013 ; and areas that will, in the case of a dry forest site— minimize and reduce the risk of unnaturally severe fire and insect outbreaks, particularly if critical components and values are at risk, including— communities in the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 )); and valuable forest structures, such as old growth and oak savannas that are in need of restoration or are in danger from potential fire risk; or restore historical structure and composition and improve fire resiliency. The areas described in clause (i)(I) shall be reevaluated in the subsequent comprehensive environmental impact statements required under section 104(a). The Secretary shall develop the plans described in subparagraph
(A)in coordination with the Director of the United States Fish and Wildlife Service to ensure the plans comply with the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). Not later than 150 days after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Secretary shall make a draft of the plans described in subparagraph
(A)available for public comment for 45 days. The Secretary shall revise landscape plans, as the Secretary considers necessary, based on the public comments received. The revised landscape plans shall be used in preparing and included in whole in the draft environmental impact statement developed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and section 104(a). Not later than 18 months after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Secretary shall complete— a large-scale comprehensive environmental impact statement in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for the moist forest in the forestry emphasis area; and a large-scale comprehensive environmental impact statement in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for the dry forest in the forestry emphasis area. The environmental impact statements required under paragraph
(1)shall cover the 10-year period beginning on the date on which the record of decision for the environmental impact statement is issued. The final comprehensive environmental impact statement shall be used for individual projects during the 10-year period described in paragraph (2). No additional analysis under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) shall be required for individual projects under this Act unless explicitly required by this Act or there exists clear and convincing evidence regarding significant adverse environmental impacts of the project that were not considered in the comprehensive environmental impact statements. After the initial comprehensive environmental impact statement developed under paragraph (1), each subsequent comprehensive environmental impact statement shall be prepared and be in effect for the 10-period beginning on the date on which the previous environmental impact statement expires. Each environmental impact statement developed under subsection
(a)shall analyze 3 alternatives, including— 1 no-action alternative; and 2 other alternatives that are consistent the management prescriptions and this Act for the forest type. The analysis of effects of each environmental impact statement described in subsection (a)(1) shall be limited to the effects of the actions authorized under section 103 that are consistent with the forest type. The information contained within the timber prioritization plan, watershed analysis, dry forest landscape plan, and moist forest landscape plan shall— be used to develop an environmental impact statement described in subsection (a)(1); but not be separately analyzed in an environmental impact statement described in subsection (a)(1). Notwithstanding the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), no analysis that is in addition to the environmental impact statement described in subsection (a)(1) shall be required under that Act for the timber prioritization plan, watershed analysis, dry forest landscape plan, and moist forest landscape plan. Each environmental impact statement shall cover the area required to be treated in section 103(d) for moist forests and section 103(e) for dry forests. The requirement under subparagraph
(A)shall be— distributed in a manner that is approximately equal over the 10-year period; and divided among the Bureau of Land Management districts in a manner that— is approximately proportional to the yield that can be produced by those forests; and ensures that each Bureau of Land Management district has adequate harvest and revenue to share with affected counties. Each environmental impact statement shall include, in addition to other necessary analysis, the impacts to— wetlands; municipal watersheds; inventoried roadless areas; Indian cultural sites; archeological sites; and nest trees. In this subsection: The term agency action has the meaning given the term in section 551 of title 5, United States Code. The term covered agency action means an agency action by the Secretary relating to the management of the forestry emphasis areas. The term covered civil action means a civil action seeking judicial review of a covered agency action. Not later than 7 days after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Secretary shall publish in the Federal Register a notice of intent to prepare each of the following documents: Comprehensive environmental impact statement for the moist forests. Comprehensive environmental impact statement for the dry forests. Prioritization plan for the forestry emphasis area. Watershed analysis. Dry forest landscape plan. Moist forest landscape plan. During the 45-day period beginning on date on which the notice of intent is published, the Secretary shall— provide an opportunity for public comment for the scoping process; and solicit public comment on topics to be analyzed in the draft environmental impact statement under subparagraph (B). Not later than 1 year after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Secretary shall issue the first draft environmental impact statements described in subsection (a)(1). During the 60-day period beginning on the date on which the draft environmental impact statements are issued, the Secretary shall provide an opportunity for public comment on the draft environmental impact statements. The Secretary may not extend the period for public comment. During the period described in clause (ii), the public shall be able to provide comment on the prioritization plan, watershed analysis, dry forest landscape plan, and moist forest landscape plan included in the draft environmental impact statement. The Secretary shall issue the record of decision for the final environmental impact statements— 45 days after the date on which the final environmental impact statements are issued or immediately after the Secretary responds to an objection filed under clause (ii); and not later than 18 months after the date of enactment of the Oregon and California Land Grant Act of 2013 . During the first 30 days of the period established under clause (i)(I), in lieu of any other appeals that may be available, any person may file an objection to the final environmental impact statements in accordance with section 105 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6515 ). The Secretary shall respond in writing to any objection filed under subclause
(I)not later than 30 days after the date on which the objection is filed. If the Secretary determines than an objection filed under clause
(ii)requires a revision of the final environmental impact statement, the Secretary shall— issue a revised final environmental impact statement as soon as practicable; and issue a record of decision not later than 30 days after the date on which the revised final environmental impact statement is issued. A covered civil action may only be brought in the United States District Court for the District of Oregon or the United States District Court for the District of Columbia. No objection to the record of decision shall be considered by the court that has not previously been raised in writing during the agency administrative process. A covered civil action shall not be maintained unless commenced not later than 30 days after the date on which the covered agency action to which the covered civil action relates is final. Discovery shall— commence immediately after a covered civil action is commenced; and conclude not later than 180 days after the date on which a covered civil action is commenced. In any covered civil action, a trial shall commence not later than 180 days after the date on which the covered civil action is commenced. Congress encourages a court of competent jurisdiction to expedite, to the maximum extent practicable, the proceedings in a covered civil action with the goal of rendering a final determination on the merits of the covered civil action as soon as practicable after the date on which a complaint or appeal is filed to initiate the action. Except as provided in this section, judicial review of a covered agency action shall be conducted in accordance with chapter 7 of title 5, United States Code. Subject to clause (ii), the length of any preliminary injunction and any stay pending appeal regarding a covered agency action shall not exceed 60 days. A court of competent jurisdiction may issue 1 or more renewals of any preliminary injunction, or stay pending appeal, granted under clause (i). For each renewal of an injunction under this clause, the parties to the action shall present the court with updated information on the status of the covered agency action that is the basis of the covered civil action. As part of the weighing of the equities while considering any request for an injunction that applies to the covered agency action, the court shall balance the impact on the ecosystem likely to be affected by the covered agency action of— the short- and long-term effects of undertaking the covered agency action; and the short- and long-term effects of not undertaking the covered agency action. For each project implemented under an environmental impact statement, the decision to proceed with the project shall be documented in a consistency document, which shall include, at a minimum— the record prepared, including the names of interested people groups and agencies contacted; a determination that no extraordinary circumstances exist; and a determination that the scope of work of the project is consistent with the original analysis and assumptions in the record of decision. The Secretary shall not implement a project described in paragraph
(1)earlier than the date that is 30 days after the date on which a consistency document is made public. The only cause of action that may be brought challenging a consistency document shall be claims that the work to be performed under the consistency document is inconsistent with the record of decision or causes adverse impacts to species not listed under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) at the time the record of decision was prepared but which have been listed subsequent to the record of decision. No cause of action may be maintained under subparagraph
(A)unless commenced not later than 30 days after the date on which the consistency document is issued. With respect to work in the forestry emphasis areas that falls outside the scope of the environmental impact statements prepared under this title— the work shall only be authorized under this title for a project that does not exceed 5,000 acres; and environmental analysis documents required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) shall be completed for that work. Not later than 7 days after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Secretary shall invite the Director of the United States Fish and Wildlife Service, the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Environmental Protection Agency, the Governor of Oregon, the heads or equivalent duly-elected tribal government leaders of federally-recognized Indian tribes with aboriginal land in the covered area, and local governments in the covered area to participate in— the development of any environmental impact statement necessary to carry out this Act; and subsequently, the revision of any resource management plan necessary to carry out this Act. Not later than 90 days after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Director the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration shall commence any assessments required under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) to provide adequate consultation and quantify acceptable take levels for the planned treatments and projects under the environmental impact statement. The Secretary may seek project-specific concurrence from the Director the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration. For a specific project that requires a consistency document under subsection
(d)and would require documentation relating to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) in accordance with subclause (I), not later than 21 days after the date on which the Secretary seeks project-specific concurrence, the Director the United States Fish and Wildlife Service or the Administrator of the National Oceanic and Atmospheric Administration, as applicable, shall— submit to the Secretary written concurrence that the project is not likely to adversely affect listed species or critical habitat, in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or notify the Secretary that formal consultation will be required. Non-Federal entities may submit to the Secretary a request to participate in the development of any environmental impact statement and any resource management plan necessary under this Act. Not later than 45 days after the date of enactment of the Oregon and California Land Grant Act, the Director the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration shall identify personnel that will serve as a liaison to the Secretary— to develop the environmental impact statements and resource management plans necessary under this Act; and address any issues at the project level under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). Each cooperating agency, the Director of the United States Fish and Wildlife Service, and the Administrator of the National Oceanic and Atmospheric Administration shall carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process for the comprehensive environmental impact statement, unless doing so would impair the ability of the agency to conduct needed analysis or otherwise carry out those obligations. Not later than 7 days after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Secretary shall commence informal consultation with the Director of the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration on the implementation of this Act. Not later than 90 days after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Secretary shall commence formal consultation with the Director of the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration on the development of the draft environmental impact statement developed under subsection (c), in accordance with section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ). Not later than 1 year after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Secretary shall submit to the Director of the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration the draft environmental impact statement developed under subsection (c), in accordance with section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ). Not later than 60 days after the date on which a draft environmental impact statement is published, the cooperating agencies shall submit to the Secretary any documents required of the cooperating agencies under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). If a disagreement between the liaisons identified in paragraph
(2)cannot be resolved within 14 days, the disagreement shall be escalated to the State directors, or if there are no State directors, the regional directors. If the State directors or regional directors, as applicable, cannot resolve the disagreement within the period beginning on the date on which the 14-day period described in subparagraph
(A)expires and ending on the date that is 7 days after the date on which the 14-day period expires, the matter shall be escalated to the head of the applicable Federal agency. The head of the applicable Federal agency shall resolve the disagreement not later than 7 days after the date on which the disagreement is escalated under clause (i). The Northwest Forest Plan Survey and Manage Mitigation Measure Standard and Guidelines shall not apply to forestry emphasis areas. The State shall be considered a cooperating agency for purposes of assisting the Administrator of the National Oceanic and Atmospheric Administration in managing salmon. The State and the Administrator of the National Oceanic and Atmospheric Administration may enter into a memorandum of understanding or an agreement under section 6 of the Endangered Species Act of 1973 ( 16 U.S.C. 1535 ) in carrying out activities under subparagraph (A). If the Administrator of the National Oceanic and Atmospheric Administration fails to provide any necessary documentation relating to salmon required under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) within the required deadlines under this section, the Secretary shall consider as completed any documentation required of the Administrator under the environmental impact statement, unless the Secretary of Commerce notifies the Secretary of the Interior that additional time is needed. The Secretary of Commerce shall not delegate the authority described in clause (i). Not later than 5 years after the date on which an environmental impact statement is developed, the Director of the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration shall reevaluate the performed and proposed work and determine if the work complies with— the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and the environmental impact statement. Subject to subparagraph
(A)and clause (ii), if the Director of the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration determine that reinitiation of consultation is required due to new information relating to a threatened or endangered species, changed circumstances relating to a threatened or endangered species, or changed conditions relating to a threatened or endangered species— the consultation process under this subsection shall be reinitiated by reassessing changed circumstances or conditions relating to the threatened or endangered species not originally evaluated in the environmental impact statements; and the supporting documentation shall be modified not later than 90 days after the date on which the consultation commences to reflect the actual conditions. Management activities under the comprehensive environmental impact statements developed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and subsection
(a)shall continue while the modifications described in clause (i)(II) are being prepared. The Secretary shall redesignate some of a conservation emphasis area as a forestry emphasis area and redesignate a forestry emphasis area that contains critical habitat as a conservation emphasis area if— a species is added to the list of endangered or threatened species under section 4(c) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(c) ); and critical habitat (as defined in section 3 of the Endangered Species Act of 1973 ( 16 U.S.C. 1532 )) is designated within the forestry emphasis area that is incompatible with the harvest of timber under this Act. Not later than 120 days after the date of enactment of the Oregon and California Land Grant Act, the Secretary shall identify 10,000 acres of conservation emphasis area that could be redesignated under subparagraph (A). A conservation emphasis area shall be managed in accordance with this Act and for the general purposes of ecological and conservation benefits, including providing forest reserves that include— old growth and late successional habitat; clean air; water quality filtration, purification, and storage; watershed health; soil stabilization; flood control; native wildlife biodiversity; connectivity; long-term storage of carbon; climate stabilization; pollination, seed dispersal, soil formation, and nutrient cycling; recreational, educational, and tourism opportunities; and aesthetic, spiritual, and cultural heritage values. The cutting, sale, or removal of timber within a conservation emphasis area may be permitted— to the extent necessary to improve the health of the forest in a manner that— maximizes the retention of large trees— as appropriate to the forest type; and to the extent that the trees promote stands that are fire resilient and healthy; improves the habitats of threatened or endangered species or species considered sensitive by the Secretary over the long term following completion of the project; maintains or restores the composition and structure of the ecosystem by reducing the risk of uncharacteristic wildfire; or in the case of harvests in moist forest sites, is conducted— through variable density and clump-based thinning; in stands up to 80 years of age to accelerate development of structurally complex forest conditions; and in a manner that retains older trees and old growth; to carry out an approved management activity in furtherance of the purposes of this section, if the cutting, sale, or removal of timber is incidental to the management activity; or for de minimis personal or administrative use within the conservation emphasis area, if the use will not impact the purposes of this section. No new or temporary roads shall be constructed or reconstructed within a conservation emphasis area after the date of enactment of the Oregon and California Land Grant Act of 2013 except as necessary— to protect the health and safety of individuals in cases of an imminent threat of flood, fire, or any other catastrophic event that, without intervention, would result in the loss of life or property; to carry out environmental cleanup activities required by the Federal Government; to allow for the exercise of reserved or outstanding rights provided for by treaty or Federal law; to prevent irreparable resource damage by a road constructed before the date of enactment of the Oregon and California Land Grant Act ; or to rectify a hazardous road condition. Subject to valid existing rights, all Federal land within the conservation emphasis area is withdrawn from— all forms of entry, appropriation, or disposal under the public land laws, except disposal by exchange or sale in accordance with section 117; location, entry, and patent under the mining laws; and disposition under all laws relating to mineral and geothermal leasing. In carrying out the aquatic conservation strategy for conservation emphasis areas, key watersheds and drinking water emphasis areas, the Secretary shall establish riparian reserves that— in the case of land located along a fish-bearing stream, are 2 site-potential tree height or 300-feet slope distance, whichever is greater; in the case of land located along a permanently flowing nonfish-bearing stream, are 1 site-potential tree height or 150-feet slope distance, whichever is greater; in the case of land located along a seasonally flowing or intermittent stream, are whichever is greater among— the stream channel to the top of the inner gorge and out to the edge of the riparian vegetation; a distance of 1 site-potential tree height; or 100-feet slope distance; in the case of a wetland that is greater than 1 acre, a lake, or a natural pond, are whichever is greater among— the body of water and land located along the wetland, lake, or pond to the outer edges of riparian vegetation; a distance 2 site-potential tree height; or 300-feet slope distance; in the case of a constructed pond or a reservoir, are the area from the maximum pool elevation to a distance equal to the height of 1 site-potential tree or 150-feet slope distance, whichever is greater; and in the case of a wetland that is less than 1 acre or an unstable or potentially unstable area, are whichever is greater among— the extent of the unstable and potentially unstable area or the wetland less than 1 acre, as applicable, to the outer edges of the riparian vegetation; a distance of 1 site-potential tree height; or 150-feet slope distance. The Secretary shall regularly conduct watershed analysis and a review of aquatic and riparian resources to ensure adequate protections are being provided, consistent with the objectives described in section 102(e)(1). Criteria considered in the analysis shall include— the importance of the streams to salmon populations; the impacts of thermal loading; water quality; and the potential for the delivery or deposition of sediment and wood from upslope sources. If a peer-reviewed, multiagency report calls for changes to the aquatic conservation strategy or any riparian reserves on the conservation land to be consistent with purposes described in section 102(e)(1), the Secretary may consider changes as part of any modifications (revisions or amendments) to the relevant resource management plans. As soon as practicable after the date of enactment of the Oregon and California Land Grant Act , the Secretary shall prepare a map and legal description for the land described in sections 106 through 116. The maps and legal descriptions described in paragraph
(1)shall have the same force and effect as if included in this Act, except that the Secretary may correct typographical errors in the maps and legal descriptions. The maps and legal descriptions described in paragraph
(1)shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. There is established a Rogue National Recreational Area to provide for the protection, preservation, and enhancement of recreational, ecological, scenic, cultural, watershed, and fish and wildlife values. The Rogue National Recreation Area shall consist of certain Federal land managed by the Bureau of Land Management, comprising approximately 94,700 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Rogue National Recreation Area and dated November 18, 2013. The Secretary shall— administer the Rogue National Recreation Area— in accordance with the applicable Federal laws (including regulations) and rules applicable to the Bureau of Land Management; and consistent with section 105; and only allow uses of the Rogue National Recreation Area that are consistent with the purposes described in subsection (a). The use of motorized vehicles on Bureau of Land Management holdings in the Rogue National Recreation Area shall be limited to roads designated by the Secretary. Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. Nothing in this section creates any protective perimeter or buffer zone around the Rogue National Recreation Area. Nothing in this section diminishes any treaty rights of any Indian tribe. The Secretary shall reclassify the approximately 8,600 acres of Federal land generally depicted on the map described in subsection
(b)as Other BLM lands as Oregon and California Railroad grant land. The land reclassified under paragraph
(1)shall be considered to satisfy any requirement to reclassify public domain land as Oregon and California Railroad grant land, including under sections 206 and 216 of the Oregon and California Land Grant Act of 2013 . There is established a Molalla National Recreational Area to provide for the protection, preservation, and enhancement of recreational, ecological, scenic, cultural, watershed, and fish and wildlife values. The Molalla National Recreation Area shall consist of certain Federal land managed by the Bureau of Land Management, comprising approximately 24,100 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Molalla National Recreation Area and dated November 18, 2013. The Secretary shall— administer the Molalla National Recreation Area— in accordance with the applicable Federal laws (including regulations) and rules applicable to the Bureau of Land Management; and consistent with section 105; and only allow uses of the Molalla National Recreation Area that are consistent with the purposes described in subsection (a). The use of motorized vehicles on Bureau of Land Management holdings in the Molalla National Recreation Area shall be limited to roads designated by the Secretary. Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. Nothing in this section creates any protective perimeter or buffer zone around the Molalla National Recreation Area. Nothing in this section diminishes any treaty rights of any Indian tribe. The Secretary shall reclassify the approximately 12,000 acres of Federal land generally depicted on the map described in subsection
(b)as Other BLM lands as Oregon and California Railroad grant land. The land reclassified under paragraph
(1)shall be considered to satisfy any requirement to reclassify public domain land as Oregon and California Railroad grant land, including under sections 206 and 216 of the Oregon and California Land Grant Act of 2013 . There is established a special resources management unit in the State consisting of certain Federal land managed by the Bureau of Land Management, generally depicted as the McKenzie Drinking Water Special Management Unit on the map entitled O&C Land Grant Act of 2013: McKenzie Drinking Water Area and dated November 18, 2013, to be known as the McKenzie Drinking Water Special Management Unit (referred to in this section as the Management Unit ). The purposes of the Management Unit are— to ensure the protection of the McKenzie Watershed as a clean drinking water source safeguarding the water quality and quantity of the Watershed, for the residents of Lane County, Oregon; and to allow visitors to enjoy the special scenic, natural, cultural, and fish and wildlife values of the McKenzie Watershed. The Secretary shall— administer the Management Unit— in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and consistent with section 105; and only allow uses of the Management Unit that are consistent with the purposes described in subsection (b). Subject to valid existing rights, the following activities shall be prohibited on Bureau of Land Management land in the Management Unit: Commercial livestock grazing. The placement of new fuel storage tanks. Except to the extent necessary to further the purposes described in subsection (b), the application of any toxic chemicals (other than fire retardants), including pesticides. The Secretary is encouraged to work with private landowners who have agreed to cooperate with the Secretary to further the purposes of this section. The use of motorized vehicles on Bureau of Land Management holdings in the Management Unit shall be limited to roads designated by the Secretary. Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. Nothing in this section creates any protective perimeter or buffer zone around the Management Unit. Nothing in this section diminishes any treaty rights of any Indian tribe. There is established a special resources management unit in the State consisting of certain Federal land managed by the Bureau of Land Management, generally depicted as the Hillsboro Drinking Water Special Management Unit on the map entitled O&C Land Grant Act of 2013 Hillsboro Drinking Water Area and dated November 18, 2013, to be known as the Hillsboro Drinking Water Special Management Unit (referred to in this section as the Management Unit ). The purposes of the Management Unit are— to ensure the protection of the Hillsboro Watershed as a clean drinking water source, safeguarding the quality and quantity of the Watershed, for the residents of Washington County, Oregon; and to allow visitors to enjoy the special scenic, natural, cultural, and fish and wildlife values of the Hillsboro Watershed. The Secretary shall— administer the Management Unit— in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and consistent with section 105; and only allow uses of the Management Unit that are consistent with the purposes described in subsection (b). Subject to valid, existing rights, the following activities shall be prohibited on Bureau of Land Management land on the conservation emphasis areas in the Management Unit: Commercial livestock grazing. The placement of new fuel storage tanks. Except to the extent necessary to further the purposes described in subsection (b), the application of any toxic chemicals (other than fire retardants), including pesticides. The Secretary is encouraged to work with adjacent private landowners who have agreed to cooperate with the Secretary to further the purposes of this section. The use of motorized vehicles on Bureau of Land Management holdings in the Management Unit shall be limited to roads designated by the Secretary. Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. Nothing in this section creates any protective perimeter or buffer zone around the Management Unit. Nothing in this section diminishes any treaty rights of any Indian tribe. There is established a special resources management unit in the State consisting of certain Federal land managed by the Bureau of Land Management, generally depicted as the Clackamas Drinking Water Special Management Unit on the map entitled O&C Land Grant Act of 2013: Clackamas Drinking Water Area and dated November 18, 2013, to be known as the Clackamas Drinking Water Special Management Unit (referred to in this section as the Management Unit ). The purposes of the Management Unit are— to ensure the protection of the Clackamas Watershed as a clean drinking water source, safeguarding the water quality and quantity of the Watershed, for the residents of Clackamas County, Oregon; and to allow visitors to enjoy the special scenic, natural, cultural, and fish and wildlife values of the Clackamas Watershed. The Secretary shall— administer the Management Unit— in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and consistent with section 105; and only allow uses of the Management Unit that are consistent with the purposes described in subsection (b). Subject to valid, existing rights, the following activities shall be prohibited on Bureau of Land Management land on the conservation emphasis areas in the Management Unit: Commercial livestock grazing. The placement of new fuel storage tanks. Except to the extent necessary to further the purposes described in subsection (b), the application of any toxic chemicals (other than fire retardants), including pesticides. The Secretary is encouraged to work with adjacent private landowners who have agreed to cooperate with the Secretary to further the purposes of this section. The use of motorized vehicles on Bureau of Land Management holdings in the Management Unit shall be limited to roads designated by the Secretary. Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. Nothing in this section creates any protective perimeter or buffer zone around the Management Unit. Nothing in this section diminishes any treaty rights of any Indian tribe. There is established a special resources management unit in the State consisting of certain Federal land managed by the Bureau of Land Management, generally depicted as the Springfield Drinking Water Special Management Unit on the map entitled O&C Land Grant Act of 2013: Springfield Drinking Water Area and dated November 18, 2013, to be known as the Springfield Drinking Water Special Management Unit (referred to in this section as the Management Unit ). The purposes of the Management Unit are— to ensure the protection of the Springfield Watershed as a clean drinking water source, safeguarding the water quality and quantity of the Watershed, for the residents of Springfield, Oregon and nearby communities; and to allow visitors to enjoy the special scenic, natural, cultural, and fish and wildlife values of the Springfield Watershed. The Secretary shall— administer the Management Unit— in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and consistent with section 105; and only allow uses of the Management Unit that are consistent with the purposes described in subsection (b). Subject to valid, existing rights, the following activities shall be prohibited on Bureau of Land Management land on the conservation emphasis areas in the Management Unit: Commercial livestock grazing. The placement of new fuel storage tanks. Except to the extent necessary to further the purposes described in subsection (b), the application of any toxic chemicals (other than fire retardants), including pesticides. The Secretary is encouraged to work with adjacent private landowners who have agreed to cooperate with the Secretary to further the purposes of this section. The use of motorized vehicles on Bureau of Land Management holdings in the Management Unit shall be limited to roads designated by the Secretary. Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. Nothing in this section creates any protective perimeter or buffer zone around the Management Unit. Nothing in this section diminishes any treaty rights of any Indian tribe. Subject to valid existing rights, the Secretary shall administer the approximately 2,050 acres of Bureau of Land Management land generally depicted as ‘Cascade Siskiyou National Monument Expansion’ on the map entitled O&C Land Grant Act of 2013: Cascade-Siskiyou National Monument Expansion and Pacific Crest Trail Protection Corridor and dated November 18, 2013, as part of the Cascade-Siskiyou National Monument (referred to in this section as the Monument ), in accordance with— this section; Presidential Proclamation Number 7318, dated June 9, 2000 (65 Fed. Reg. 37247); and section 105 and any law (including regulations) generally applicable to Bureau of Land Management land, including the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ). As soon as practicable after the date of enactment of this section, the Secretary shall— revise the fire management plan for the Monument to include the land added to the Monument under subsection (a); and in accordance with the revised plan, carry out hazardous fuel management activities within the boundaries of the Monument. Subject to paragraph (2), the Secretary may allow the grazing of livestock within the approximately 2,050 acres of expansion land to continue as authorized under permits or leases in existence as of the date of enactment of this section. Grazing under paragraph
(1)shall be— at a level not greater than the level at which the grazing exists as of the date of enactment of this section, as measured in Animal Unit Months; and in accordance with applicable law. Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. Nothing in this section creates any protective perimeter or buffer zone around the Monument additions. Nothing in this section diminishes any treaty rights of any Indian tribe. The Secretary shall reclassify the approximately 200 acres of Federal land generally depicted as Other BLM lands on the map described in subsection
(b)as Oregon and California Railroad grant land. The land reclassified under paragraph
(1)shall be considered to satisfy any requirement to reclassify public domain land as Oregon and California Railroad grant land, including under sections 206 and 216 of the Oregon and California Land Grant Act of 2013 . There is established a special resources management unit in the State consisting of certain Federal land managed by the Bureau of Land Management, as generally depicted on the map entitled O&C Land Grant Act of 2013: Illinois Valley Salmon and Botanical Area and dated November 18, 2013, to be known as the Illinois Valley Salmon and Botanical Area (referred to in this section as the Botanical Area ). The purposes of the Botanical Area are to provide for the protection, preservation, and enhancement of botanical, nonmotorized recreational, ecological, scenic, cultural, watershed, and fish and wildlife values. The Secretary shall— administer the Botanical Area— in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and consistent with section 105; and only allow uses of the Botanical Area that are consistent with the purposes described in subsection (b). The use of motorized vehicles on Bureau of Land Management holdings in the Botanical Area shall be limited to roads designated by the Secretary. Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. Nothing in this section creates any protective perimeter or buffer zone around the Botanical Area. Nothing in this section diminishes any treaty rights of any Indian tribe. The Secretary shall reclassify the approximately 7,200 acres of Federal land generally depicted as Other BLM lands on the map described in subsection
(a)as Oregon and California Railroad grant land. The land reclassified under paragraph
(1)shall be considered to satisfy any requirement to reclassify public domain land as Oregon and California Railroad grant land, including under sections 206 and 216 of the Oregon and California Land Grant Act of 2013 . The Secretary shall— not later than 1 year after the date of enactment of the Oregon and California Land Grant Act of 2013 , establish a protection and management corridor in the State consisting of certain Federal land managed by the Bureau of Land Management, generally depicted as ‘Pacific Crest Trail Protection Corridor’ on the map entitled O&C Land Grant Act of 2013: Cascade-Siskiyou National Monument Expansion and Pacific Crest Trail Protection Corridor and dated November 18, 2013, to be known as the Pacific Crest Trail Corridor (referred to in this section as the PCT Corridor ); and draw the PCT Corridor boundaries to include— all the Bureau of Land Management land within approximately 1/4 mile on either side of the Pacific Crest National Scenic Trail; and to the extent practicable, recreational, scenic, historical, wildlife, water, and other resources associated with the Pacific Crest National Scenic Trail that are in need of protection. The Secretary shall manage the Federal land administered by the Bureau of Land Management described in subsection
(a)to protect and enhance enjoyment of the recreational, scenic, historical, wildlife, and water values of the PCT Corridor in as natural and undeveloped state as practicable. Forest thinning and vegetation treatments should be considered consistent with paragraph
(1)if the purpose is— to improve forest health when faced by a threat of fire, insect outbreak, or disease; to improve or maintain recreational facilities and opportunities; or to protect public health or safety. Forest roads crossing the PCT Corridor or within the PCT Corridor shall be limited to those necessary for the proper use and administration of adjacent public land, as determined by the Secretary in applicable management plans. If the PCT Corridor established by this subsection is within an area designated by Congress for special management, the most restrictive provisions of law shall apply. Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. Nothing in this section creates any protective perimeter or buffer zone around the PCT Corridor. Nothing in this section diminishes any treaty rights of any Indian tribe. The Secretary shall manage the Federal land administered by the Bureau of Land Management described in subsection
(b)in a manner that preserves the natural and primitive character of the land for recreational, scenic, and scientific use. Forest thinning and vegetation treatments should be considered consistent with paragraph
(1)if the purpose is— to improve forest health when faced by a threat of fire, insect outbreak, or disease; to improve or maintain recreational facilities and opportunities; or to protect public health or safety. The Federal land referred to in subsection
(a)is the following: Certain Federal land managed by the Bureau of Land Management, comprising approximately 2,100 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Grizzly Peak Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Grizzly Peak Primitive Backcountry Area . Certain Federal land managed by the Bureau of Land Management, comprising approximately 21,200 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Dakubetede Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Dakubetede Primitive Backcountry Area . Certain Federal land managed by the Bureau of Land Management, comprising approximately 5,700 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Wellington Wildlands Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Wellington Wildlands Primitive Backcountry Area . Certain Federal land managed by the Bureau of Land Management, comprising approximately 10,200 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Mungers Butte Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Mungers Butte Primitive Backcountry Area . Certain Federal land managed by the Bureau of Land Management, comprising approximately 2,000 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Brummitt Fir Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Brummitt Fir Primitive Backcountry Area . Certain Federal land managed by the Bureau of Land Management, comprising approximately 2,100 acres, as generally depicted on the map entitled O&C Land Grant Act of 2013: Crabtree Valley Primitive Backcountry Area, dated November 18, 2013, which shall be known as the Crabtree Valley Primitive Backcountry Area . The use of motorized vehicles on Bureau of Land Management holdings in the land described in subsection
(b)shall be limited to roads designated by the Secretary. Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. Nothing in this section creates any protective perimeter or buffer zone around the land described in subsection (b). Nothing in this section diminishes any treaty rights of any Indian tribe. The Secretary shall reclassify the approximately 3,600 acres of Federal generally depicted as Other BLM lands on the maps described in subsection
(b)as Oregon and California Railroad grant land. The land reclassified under paragraph
(1)shall be considered to satisfy any requirement to reclassify public domain land as Oregon and California Railroad grant land, including under sections 206 and 216 of the Oregon and California Land Grant Act of 2013 . There are established special resources management units consisting of current and proposed areas of critical environmental concern managed by the Bureau of Land Management that are not otherwise designated by this Act, as generally depicted on the map entitled O&C Land Grant Act of 2013: Special Environmental Zones and dated November 18, 2013, to be known as Special Environmental Zones (referred to in this section as Special Environmental Zones ). The purposes of the Special Environmental Zones are to provide for the protection, preservation, and enhancement of ecological, scenic, cultural, watershed, and fish and wildlife values. The Secretary shall— administer the Special Environmental Zones— in accordance with the laws (including regulations) and rules applicable to the Bureau of Land Management; and consistent with section 105; and only allow uses of the Special Environmental Zones that are consistent with the purposes described in subsection (b). The use of motorized vehicles on Bureau of Land Management holdings in the Special Environmental Zones shall be limited to roads designated by the Secretary. Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. Nothing in this section creates any protective perimeter or buffer zone around the Special Environmental Zones. Nothing in this section diminishes any treaty rights of any Indian tribe. If a Special Environmental Zone established by this section is located within an area designated by Congress for special management, the most restrictive provisions of Federal law shall apply. The Secretary shall seek to consolidate Federal and non-Federal land by conveying the covered land and by acquiring private or State-owned land to create more contiguous blocks of land under the jurisdiction of the Secretary— to improve the efficiency of management of the Federal land; to facilitate resource management on the Federal land; or to improve the conservation value of the Federal land. Not later than 180 days after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Secretary shall review and inventory the covered land to identify any public land that— as the result of location or other characteristic, is no longer necessary or appropriate for continued Federal management in accordance with this Act; or is determined to facilitate achieving any of the purposes described in subsection (a). As soon as practicable after completing the review and inventory under subsection (b), the Secretary shall consult with the owners of adjacent land to determine whether there is mutual interest in entering into land exchanges if the exchange will meet any of the purposes described in subsection (a). If an owner of adjacent land described in subsection
(c)expresses interest in participating in a land exchange under this section, the Secretary may complete that land exchange in accordance with paragraphs
(2)through (5). If an owner of adjacent land described in subsection
(c)proposes to the Secretary entering into a land exchange under this section, the Secretary shall, not later than 90 days after receiving the proposal, determine whether the public interest will be well-served by making the exchange. If the Secretary fails to make the determination by the date described in subparagraph (A), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives— a report explaining the reason why the determination has not been made; and every 30 days after the report described in clause
(i)is submitted until the date on which the Secretary makes a determination, an updated report. If the Secretary determines that a proposed land exchange is in the public interest, the Secretary may allow for the Federal and non-Federal land to be exchanged pending completion of appraisals, subject to a binding commitment from the non-Federal landowner and any terms and conditions the Secretary may require to ensure that the values of the Federal and non-Federal land are ultimately equal or equalized in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(b) ). In order to expedite a land exchange that the Secretary has determined to be in the public interest under paragraph (2), the Secretary may use the authority to exchange land of approximately equal value in accordance with section 206(h) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(h) ) as applicable. The Secretary may exercise the authority under the Act of March 20, 1922 ( 16 U.S.C. 485 ), to facilitate land exchanges under this section, except that any reference to the Secretary of Agriculture in that Act shall be considered to be a reference to the Secretary, and any reference to national forests in that Act shall be considered to be a reference to covered land. The Secretary shall establish a program to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under this section. The Secretary shall prioritize the sales of land of those parcels identified by the Secretary as suitable for disposal as of the date of enactment of the Oregon and California Land Grant Act of 2013 , identified as Land Tenure, Zone 3 as generally depicted on the map entitled Western Oregon Forestry Land Tenure, Zone 3 and dated September 6, 2013. The sale of public land identified under subsection
(a)shall be conducted in accordance with sections 203 and 209 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1713 , 1719). The exceptions to competitive bidding requirements under section 203(f) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1713(f) ) shall apply to this section in cases in which the Secretary determines it to be necessary. Notwithstanding any other provision of law (other than a law that specifically provides for a portion of the proceeds of a land sale to be distributed to any trust fund of the State), proceeds from the sale under subsection
(e)of land described in subsection
(a)shall— in the case of land sold within a forestry emphasis area, be deposited into a separate account in the Treasury to be known as the O&C Land—Forestry Emphasis Areas Acquisition Account ; and in the case of land sold within a conservation emphasis area, be deposited into a separate account in the Treasury to be known as the O&C Land—Conservation Emphasis Areas Acquisition Account . Amounts in the accounts described in paragraph
(1)shall be available to the Secretary, without further appropriation, to purchase land or interests in land, from willing sellers only, if acquisition of the non-Federal land will meet 1 or more of the purposes described in subsection (a). An amount not to exceed 20 percent of the funds deposited in the accounts described in paragraph
(1)may be used by the Secretary for administrative and other expenses necessary to carry out the activities authorized in this section. The Secretary shall administer the balance in the accounts described in subsection (f)(1) as follows: The Secretary shall not complete the sale of more than 5,000 acres of the land identified under subsection
(b)prior to obligating funds from the accounts described in subsection (f)(1) for the acquisition of at least 1 parcel. The Secretary shall seek to keep the balances in the accounts described in subsection (f)(1) low by using the funds in the accounts to acquire parcels as soon as practicable. Any land or interest in land acquired using funds from the O&C Land—Forestry Emphasis Areas Acquisition Account shall be administered by the Secretary in accordance with section 103. Any land or interest in land acquired using funds from the O&C Land—Conservation Emphasis Areas Acquisition Account shall be administered by the Secretary in accordance with section 105. Except as provided in subsection (c), the eligible activities described in subsection
(b)that are conducted on covered land in accordance with this section shall be— considered an action categorically excluded from the requirements for an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) or section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation); and exempt from administrative review. The eligible activities referred to in subsection
(a)consist of the following: The placement of trees and portions of trees in streams to benefit fish species. The planting of riparian vegetation with species of vegetation native to the State. The replacement of culverts that— impede fish passage; or are unable to withstand a 100-year flood event. The removal of any road that— was not established by the Bureau of Land Management; and was established less than 20 years before the date of removal of the road. Subsection
(a)does not apply to eligible activities located in— a component of the National Wilderness Preservation System; a wilderness study area; or an area in which activities described in subsection
(b)would be inconsistent with the applicable resource management plan. The Secretary shall seek to close or decommission nonessential roads on covered land in a manner that, minimizes, to the maximum extent practicable, the hydrologic impact of the closure or decommissioning. In carrying out paragraph (1), the Secretary shall prioritize nonessential roads for closure or decommissioning, using the following criteria: Nonessential roads that are most likely to cause the greatest magnitude of environmental harm, including— roads located on steep slopes; roads located in a manner that cause, or are at a risk of causing, chronic sedimentation, road failure, landslides, or other environmental concerns (including roads with high densities of stream crossings); roads that pose public safety concerns; or roads that, if closed or decommissioned, would significantly enhance watershed function and wildlife habitat through the restoration of large blocks of habitat. The usage of the nonessential road for administrative activities of the Bureau of Land Management or by the public. The expenses necessary to complete the closure or decommissioning of the nonessential road. The Secretary shall establish a program to be known as the Legacy Roads and Trails program to provide— urgently needed road decommissioning, road and trail repair and maintenance and associated activities, and removal of fish passage barriers, especially in areas in which roads may be contributing to water quality problems in streams and water bodies that support threatened, endangered, or sensitive species or community water sources; urgently needed road repairs required due to recent storm events; or the decommissioning of unauthorized roads that are not part of the transportation system. The Secretary shall use public input in the selection of projects and display its selection process on the website of the Bureau of Land Management. In selecting projects under this subsection, the Secretary shall give priority to— decommissioning and repairing roads and trails in environmentally sensitive areas; and areas in which roads may be contributing to water quality problems in streams and water bodies the support threatened or endangered species, or species considered sensitive by the Secretary. Not later than 120 days after the end of each fiscal year, the Secretary shall submit to Congress a report on the status of the projects selected for completion in the following 2 fiscal years. There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2013 through 2023. The Secretary shall designate 50,000 acres across 2 to 5 sites in both moist forests and dry forests to be comanaged by the Secretary and Oregon State University as special management and research areas in accordance with the criteria described in subsection (b). In designating land as special management and research areas under subsection (a), the Secretary shall designate— 20 to 30 percent of land that is designated as Conservation Emphasis Areas on the maps described in section 102(a)(2); 70 to 80 percent of land that is designated as Forestry Emphasis Areas on the maps described in section 102(a)(2); land, to the maximum extent practicable, contiguous to other land designated under subsection (a); land within close proximity of other land designated under subsection (a); land located within 150 miles of the main campus of Oregon State University in Corvallis, Oregon; and selected in consultation with Oregon State University. Land designated under subsection
(a)shall be used for the conducting by institutions of higher education in the State of research projects and demonstration projects that address— increasing social awareness and knowledge of the environmental, social, and economic impacts on the implementation of ecological forestry on public land; improving the health of rural communities and citizens; reducing catastrophic fires and the degradation of ecosystem health; increasing conservation with a landscape approach; and understanding the riparian reserve approaches authorized under this Act. Work performed on land designated under subsection
(a)shall include— post-treatment monitoring of the effects of the treatments on the land; and if practicable, monitoring of other projects implemented under this Act, including monitoring by— diverse stakeholders; collaborative groups; Federal agencies; and institutions of higher educations. At least 10 percent of the authorized projects conducted annually under this section shall be conducted by an institution of higher education in the State other than Oregon State University. At least 3,750 acres of the land designated under subsection
(a)shall be treated during each 5-year period. If the minimum acreage under paragraph
(1)is not treated for two 5-year periods during a 20-year period, management of the land designated under subsection
(a)shall revert to traditional management status by the Secretary. The Bureau of Land Management State Director shall— review and decide whether to permit each proposed treatment to be conducted as part of an authorized project; and review for adequacy the paperwork required to be prepared for each treatment. Nothing in this section supersedes or modifies any provision of Federal law not expressly superseded or modified by this section. The Secretary shall establish guidelines to ensure that the following trees are not cut in the covered area in violation of this Act: Nest trees. Trees equal to or greater than 250 years of age measured at breast height. Old growth trees less than 250 years of age measured at breast height. If a contractor cuts a tree described in paragraph
(1)or
(2)of subsection (a), the contractor shall make a payment to the Secretary equal to 3 times the value of that tree, as determined under subsection (c). The stumpage value of the 1 or more trees described in paragraph
(1)or
(2)of subsection
(a)shall be used to calculate the amount of the payment to be made under subsection
(b)in accordance with this subsection. The volume of the trees cut shall be calculated using— the Scribner Decimal C Log Rule; and West-Side Scaling methods. The stumpage value of the trees cut shall be determined using the Log Price Report or other similar document prepared regularly by the Oregon Department of Forestry in accordance with this subsection. The stumpage value of the trees used shall be based on the average price paid by mills on delivery for similar trees harvested— in the same calendar year quarter that the trees cut were discovered to be in violation of this Act; and in the same region of the State, as determined by the Oregon Department of Forestry. The costs of transporting the cut trees to a mill shall not be considered when determining the value of the trees under this subsection. Subject to paragraph (2), not later than 180 days after the date of enactment of the Oregon and California Land Grant Act of 2013 , the Secretary shall establish a penalty system designed to deter contractors from cutting trees in the covered area, in violation of this Act, that are between the ages of 150 and 250 measured at breast height. The penalty system under paragraph
(1)shall allow for some de minimis quantity of trees described in that paragraph, as determined by the Secretary, to be determined to be trees cut in error and not subject to penalty. If the quantity of trees described in paragraph
(1)that are cut by a contractor is greater than twice the de minimis quantity established by the Secretary, the Secretary shall, after public notice and opportunity to comment for a period of 30 days, revise the penalty system accordingly. Not later than 10 years after the date of enactment of the Oregon and California Land Grant Act of 2013 and every 10 years thereafter, the Secretary shall convene a scientific and technical advisory panel of scientists that are not permanent employees of the Bureau of Land Management to perform a comprehensive scientific and managerial review on whether the provisions of this Act have been implemented in a manner that results in robust timber harvests and maintains environmental values, including— the effect on forest health; the effect on watershed health; impacts to early and late successional habitat; and the effectiveness of the riparian reserves. Not later than 180 days after the date on which a panel is convened under subsection (a), the panel shall submit to Congress a report that includes recommendations with respect to the implementation of this Act, including recommendations for any additional legislation needed to implement this Act. During the period beginning on the date of enactment of the Oregon and California Land Grant Act of 2013 and ending 90 days after the date the record of decision is completed under section 104, a transition period (referred to in this section as the transition period ) shall be in effect in accordance with this section. Except as provided in paragraph (2), during the transition period, the Secretary shall manage the covered land, including continuing to plan timber sales and restoration projects, in accordance with the designations, allocation, and requirements of this Act. Timber sales for which an environmental impact statement, environmental assessment, or categorical exclusion documentation required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) has been completed or will be completed during the 60-day period beginning on the date of enactment of the Oregon and California Land Grant Act of 2013 shall proceed in accordance with the terms of the sales. The procedures established under section 105 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6515 ) shall be the only process to administratively challenge projects during the transition period. Any work or timber contract sold or awarded by the Secretary on or with respect to covered land before the date of enactment of the Oregon and California Land Grant Act of 2013 shall remain binding and effective according to the terms of the contract. The Secretary shall seek to make such accommodations as are necessary to avoid interfering with the performance of a contract described in paragraph (1). During the transition period, the Secretary shall preserve all rights of access and use of covered land (including reciprocal rights-of-way agreements, tail hold agreements, or other right-of-way or easement obligations) existing on the date of enactment of the Oregon and California Land Grant Act of 2013 . Rights described in paragraph
(1)shall remain applicable to covered land in the same manner and to the same extent as the rights applied before the date of enactment of the Oregon and California Land Grant Act of 2013 . Nothing in this Act affects any private ownership or rights, including rights-of-way and tribal treaty rights, or terminates any valid lease, permit, patent, or other right of authorization existing on the date of enactment of the Oregon and California Land Grant Act of 2013 with regard to covered land. .
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U.S. Code
- Transferred§ 1181a
- Transferred§ 1181b
- Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272§ 470f
- Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272§ 431
- Congressional declaration of purpose§ 4321
- Congressional findings and declaration of purposes and policy§ 1531
- Definitions§ 6511
- Special administrative review process§ 6515
- Interagency cooperation§ 1536
- Cooperation with States§ 1535
- Determination of endangered species and threatened species§ 1533
- Definitions§ 1532
- Congressional declaration of policy§ 1701
- Exchanges of public lands or interests therein within the National Forest System§ 1716
- Exchange of lands in national forests; cutting timber in national forests in exchange for lands therein§ 485
- Sales of public land tracts§ 1713
statutes-at-large
- /statutes-at-large/vol-50/public-law-385Public Law 385
- granting lands to the State of Oregon to aid in the construction of a military wagon road from the navigable waters of Coos Bay to Roseburg, in said State,” commonly known as the Coos Bay Wagon Road grant, to provide for the disposition of said lands, and for other purposesChapter 47
2 references not yet in our index
- Pub. L. 111-11
- 65 FR 37247
Citation graph
cites case law
Sec. 101
Management on Oregon and California Railroad and Coos Bay Wagon Road grant land
Pub. L.Pub. L. 111-11
Fed. Reg.65 FR 37247
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