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Code · BILL · 113th Congress · S. 2734 (Introduced in Senate) — To improve timber management on Oregon and California Railroad and Coos Bay Wagon Road grant land, and for other purp... · Sec. 301

Sec. 301. Management of Oregon and California Railroad and Coos Bay Wagon Road grant land

14,820 words·~67 min read·/bill/113/s/2734/is/section-301

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Act of August 28, 1937 ( 43 U.S.C. 1181a et seq. ), is amended to read as follows: This Act may be cited as the . Oregon and California Land Grant Act In this Act: The term adjacent private land means any privately owned land that is— contiguous to covered land; or situated so that it is reasonably necessary to use covered land to access the privately owned land. The term agency action has the meaning given the term in section 551 of title 5, United States Code. The term archeological site means any district, site, building, structure, or object that is included, or eligible for inclusion, in the National Register under section 106 of the National Historic Preservation Act ( 16 U.S.C. 470f ).
The term average severe fire weather conditions means the fine dead fuel moisture content, live fuel moisture content, and midflame wind speed under which 95 percent of wildfires burned during the fire season, as determined by the Secretary for each county in which covered land is located. The term Conservation Emphasis Area means the land generally depicted on the map entitled O & C Land Grant Act of 2014: Conservation Emphasis Areas and dated July 31, 2014. The term covered agency action means an agency action carried out by the Secretary relating to the management of vegetation on covered land.
The term covered civil action means a civil action seeking judicial review of a covered agency action. The term covered land means the approximately 2,388,000 acres of land designated as Oregon and California Railroad and Coos Bay Wagon Road grant land , generally depicted as covered lands on the map entitled O & C Land Grant Act of 2014 and dated July 31, 2014. The term decommission , with respect to a road, means to restore any natural drainage, watershed function, or other ecological process that is disrupted or adversely impacted by the road by— removing or hydrologically disconnecting the road prism; and reestablishing vegetation on the road.
The term Department means the Department of the Interior. The term Dry Forestry Emphasis Area means the land labeled as Dry Forestry Emphasis Area on the map entitled O & C Land Grant Act of 2014: Moist and Dry Forestry Emphasis Areas and dated July 31, 2014. The term forest management , with respect to an activity or plan, means any activity or plan reasonably necessary for the prudent management, upkeep, and use of forested land, including— timber harvesting, thinning, reforestation, vegetation and pest management, and other silvicultural activities; development and harvest of other forest resources and products; fire prevention and suppression activities; and installing, constructing, maintaining, improving, and reconstructing— roads; land; yarding corridors and wedges; guyline supports; and tail holds for permanent or temporary use that are reasonably necessary for prudent land management.
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 document entitled Northwest Forest Plan Survey and Manage Mitigation Measure Standard and Guidelines . The term Moist Forestry Emphasis Area means the land labeled as Moist Forestry Emphasis Area on the map entitled O & C Land Grant Act of 2014: Moist and Dry Forestry Emphasis Areas and dated July 31, 2014.
The term old growth tree means a tree, whether alive or dead, that is equal to or greater than 150 years of age, measured at breast height. The term older tree means any tree, whether alive or dead, that is 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 2014 . The term place into storage , with respect to a road, means— to maintain the road in order to prevent resource damage; but to alter the road to eliminate all vehicular traffic by— for purposes of controlling erosion— installing appropriate water control structures, such as water bars; or ensuring the surface of the road slopes such that water quickly drains off the surface of the road; for purposes of preventing access by vehicles— blocking the entrance of the road; and scattering slash atop the road surface; and for purposes of restoring native vegetation— scarifying lightly the surface of the road; seeding the surface of the road, as needed; and treating noxious weeds.
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 salmon means any of the wild anadromous Oncorhynchus species that occur in the State of Oregon. The term Secretary means the Secretary of the Interior, acting through the Director of the Bureau of Land Management. The term shaded fuelbreak means a strip of land on which the ability to control a fire is improved by— thinning to increase the space between tree crowns, but ensuring that the crowns of trees occupy at least 40 percent of the canopy; pruning the remaining trees to decrease the likelihood of a surface fire igniting a crown of a tree; and reducing brush, dead trees, or large quantities of other flammable vegetation to create generally an open appearance.
The term site-potential tree means the average dominant tree, modeled at 200 years of age, for a given site class. The term tree tipping and tree felling activity means any activity relating to the intentional felling and placement of a tree in a stream or on the forest floor during a timber harvest operation. The term vegetation management project means an activity carried out on covered land that involves the cutting of vegetation to achieve the purposes of this Act. Notwithstanding the Act of June 9, 1916 (39 Stat. 218, chapter 137), and the Act of February 26, 1919 (40 Stat. 1179, chapter 47), any portion of the revested Oregon and California Railroad grant land or the reconveyed Coos Bay Wagon Road grant land that is under the jurisdiction of the Department shall be managed in accordance with this Act.
Covered land shall be managed, to the maximum extent practicable, in a manner that achieves or supports— provision of a permanent forest production; protection of watersheds and regulation of stream flow; the economic stability of local communities and industries; and the provision of recreational facilities. A management strategy implemented under this section shall seek to achieve goals that— take into consideration human and economic dimensions of the management of covered land; protect the long-term health of forests, wildlife, and waterways, and water supplies; 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.
The document entitled Northwest Forest Plan Survey and Manage Mitigation Measure Standard and Guidelines shall not apply to any— Dry Forestry Emphasis Area; or Moist Forestry Emphasis Area. Any land depicted as covered lands on the map entitled O & C Land Grant Act of 2014 and dated July 31, 2014, that is not designated as Oregon and California Railroad grant lands under the Act of August 28, 1937 ( 43 U.S.C. 1181a et seq. ), as of the date of enactment of the Oregon and California Land Grant Act of 2014 shall be redesignated as Oregon and California Railroad grant lands under the Act of August 28, 1937 ( 43 U.S.C. 1181a et seq. ), effective beginning on that date of enactment.
The Secretary may not cut or remove an old growth tree within the covered area, except in accordance with this subsection. The Secretary may cut or remove an old growth tree within the covered area— to carry out a construction or maintenance project, if foregoing the removal of the old growth tree would cost the Secretary more than $3,000 in order to meet the objectives of the project; to develop a utility corridor or as part of development, construction, or an upgrade in a utility right-of-way; or to provide for a cultural use by a federally recognized Indian tribe.
The Secretary may cut or remove an old growth tree within the covered area for public safety purposes, if— the Secretary 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. The Secretary may cut or remove an old growth tree within the covered area for scientific purposes, if the Secretary determines that obtaining the old growth tree on other land would not be feasible.
In carrying out this subsection, the Secretary shall— provide public notice of the location of each old growth tree proposed to be cut or removed, unless the Secretary determines that cutting the old growth tree is necessary to respond to an emergency condition; certify the reason for the cutting or removal of the old growth tree; and if more than 5 trees will be cut or removed during a 30-day period within 1 district of the Bureau of Land Management, seek public comment for a period of not less than 7 days regarding the cutting or removal of any old growth tree.
An old growth tree cut or removed pursuant to this subsection may not be sold commercially. In complying with the restrictions under this subsection, the Secretary shall— identify, based on the protocols developed under subparagraph (B), trees that are 150 years of age or older, as measured at breast height; and retain the trees described in clause (i). The Secretary, in collaboration with an advisory panel to be established by the Secretary, based on the best available science, shall develop protocols for identifying trees that are 150 years of age or older, as measured at breast height.
Nothing in this Act modifies any obligation— of the Secretary to prepare or implement a land use plan in accordance with section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712); under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); or under other law, except as expressly provided in this Act. In managing the covered area, the Secretary shall carry out an aquatic conservation strategy to 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 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 to maintain and restore water quality necessary to support healthy riparian, aquatic, and wetland ecosystems; and to protect, maintain, and restore instream 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 under paragraph
(1)shall incorporate— riparian reserves in accordance with subsection (b); watershed analysis— to develop appropriate management actions for a watershed, including adjustment of riparian buffer widths under subsection (b)(3); and to identify priority actions the Secretary may carry out under subparagraph (D); key watersheds; and watershed restoration, including— activities inside riparian reserves described in subsection (b)(2); and stream improvement work described in section 14(b). In the covered area, the Secretary shall establish riparian buffers to protect, maintain, and restore natural ecological functions and processes for productive aquatic and riparian ecosystems, including water quality and quantity, with the following widths: In the Moist Forestry Emphasis Area or Dry Forestry Emphasis Area, the buffer shall extend a distance equal to the height of 1 site-potential tree or 150-feet slope distance, whichever is greater, from— a 100-year floodplain; a natural pond; a lake; a fish-bearing stream; a wetland; a constructed pond; a reservoir; a permanently flowing, nonfish-bearing stream; an intermittent stream; or a seasonally flowing stream. In the Conservation Emphasis Area, the key watersheds, and land managed by the Bureau of Land Management within the source water emphasis perimeter depicted on the maps described in clause (ii), the buffer shall extend a distance equal to the greater of— twice the height of a site-potential tree or a 300-feet slope distance from a fish-bearing stream, a wetland greater than 1 acre in size, a natural pond, or a lake; and the height of 1 site-potential tree or 150-feet slope distance from a permanently flowing, nonfish-bearing stream, an intermittent stream, a seasonally flowing stream, a wetland smaller than 1 acre in size, a constructed pond, or a reservoir. The maps referred to in clause
(i)are the maps entitled— O&C Land Grant Act of 2014: McKenzie Source Water Emphasis Area and dated July 31, 2014; O&C Land Grant Act of 2014: Hillsboro Source Water Emphasis Area and dated July 31, 2014; O&C Land Grant Act of 2014: Clackamas Source Water Emphasis Area and dated July 31, 2014; and O&C Land Grant Act of 2014: Springfield Source Water Emphasis Area and dated July 31, 2014. The Secretary shall establish an inner zone within each riparian reserve established under paragraph
(1)in accordance with clause (ii), which shall be managed in accordance with clause (iii). The widths of an inner zone established under clause
(i)shall be as follows: 120-feet slope distance from a fish-bearing stream of great ecological importance, as determined by the Secretary. 50-feet slope distance from a nonfish-bearing stream of great ecological importance, as determined by the Secretary, in a Moist Forestry Emphasis Area or a Dry Forestry Emphasis Area. 120-feet slope distance from a nonfish-bearing stream, as determined by the Secretary, in the Conservation Emphasis Area. 100-feet slope distance from a fish-bearing stream that is not a stream described in subclauses
(I)through (III). 50-feet slope distance from a nonfish-bearing stream that is not a stream described in subclauses
(I)through (III). Except as provided in clause (iv), the Secretary shall not cut a tree located within an inner zone. Notwithstanding clause (iii), the Secretary may cut, or carry out any tree tipping and tree felling activities relating to, any tree located inside an inner zone, as the Secretary determines to be necessary to protect, maintain, or improve aquatic and riparian ecosystems, including water quality. The Secretary may carry out thinning and partial cutting in a riparian reserve for ecological restoration purposes, including— for Moist Forestry Emphasis Areas, variable density and clump-based thinning to accelerate development of structural and compositional complexity, including accelerating development of older, large living and dead trees; and for Dry Forestry Emphasis Areas, partial cutting to increase forest resilience and old growth tree retention. Subject to subclause (II), for any cut tree that needs to remain onsite or be placed in a stream in a riparian reserve, the applicable retention level shall be— developed by the Secretary, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and the Director of the United States Fish and Wildlife Service; but not less than 1/3 of the volume of biomass cut. In establishing retention levels under subclause (I), the Secretary, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and the Director of the United States Fish and Wildlife Service, shall take into consideration— site-specific needs; the need for wood delivery to streams; threats of wildfire; threats of insects and disease; restoration objectives; and other criteria that the Secretary, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and the Director of the United States Fish and Wildlife Service, considers to be critical for the reserves. The Secretary shall develop a demonstration area of not more than 200,000 acres in Moist Forestry Emphasis Areas and Dry Forestry Emphasis Areas to assess the ability to achieve multiple objectives, including timber production, in the inner zones of the riparian reserves. The prohibition under subparagraph (A)(iii) shall not apply to an area described in item (aa). Each riparian reserve shall be measured from the edge of, as applicable— the channel; or the 100-year floodplain. Notwithstanding any thinning provisions relating to thinning outside of a riparian reserve, subject to clause (iii), thinning and other management treatments in riparian reserves in the Moist Forestry Emphasis Area, the Dry Forestry Emphasis Area, and the Conservation Emphasis Area shall only be carried out to promote ecological goals consistent with the aquatic conservation strategy under subsection (a), including acceleration of large live and dead trees, increasing species diversity (particularly those species with depressed populations), and other goals. Not later than 60 days after the date of enactment of the Oregon and California Land Grant Act of 2014 , the Secretary, in consultation with the Director of the United States Fish and Wildlife Service, the Administrator of the National Oceanic and Atmospheric Administration, and the Administrator of the Environmental Protection Agency, shall establish— guidelines and protocols for appropriate riparian management and thinning based on forest type; and conditions for inclusion in forest management plans under this Act. The guidelines and protocols established under subclause
(I)shall include— a description of appropriate portions of the riparian reserves in which no thinning is permitted; and if allowed, minimum live tree retention levels for thinning operations to achieve the goals of the aquatic conservation strategy. The guidelines and protocols established under subclause
(I)shall require that thinning in a riparian reserve under this subparagraph shall not occur on any tree aged 80 years or older. In an exceptional circumstance, as determined by the Secretary, the Secretary, in consultation with the Director of the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration, may propose a site-specific forest management activity or other management treatments in riparian reserves in the Moist Forestry Emphasis Area, the Dry Forestry Emphasis Area, or the Conservation Emphasis Area to protect the public from imminent risk or harm. Except as provided in clause (ii), the Secretary shall not construct a road inside a riparian reserve. The Secretary may construct a temporary road to cross a riparian reserve, including crossing a stream where necessary, to complete a vegetation management project, subject to the conditions that— there shall be no existing road system or other timber management measure that is feasible to use; the construction of the temporary road shall not adversely impact the aquatic or riparian ecosystem; and the Secretary shall seek to minimize the length of the temporary road. The Secretary may realign an existing road inside a riparian reserve, including the replacement of stream crossings, if the Secretary determines that the realignment will maintain, restore, or improve aquatic or riparian ecosystems and water quality. Not earlier than 10 years after the date of enactment of the Oregon and California Land Grant Act of 2014 , and not more frequently than once each 10 years thereafter, the Secretary may adjust the riparian reserve widths established under paragraph
(1)on separate bodies of water, subject to the advice of the scientific committee established under subparagraph (B). The Secretary may establish a scientific committee to determine whether the riparian reserve widths and management of the inner zones should be adjusted. In addition to not more than 5 representatives of the Federal Government (including 1 representative of each of the Bureau of Land Management, the National Oceanic and Atmospheric Administration, and the United States Fish and Wildlife Service), the scientific committee shall include 5 individuals, to be appointed by the Secretary, who— are not full-time employees of the Federal Government; and have expertise relating to aquatic and riparian ecosystems, as demonstrated by— an advanced degree in a related field; and subsequent relevant work experience. The scientific committee shall— make recommendations regarding whether the riparian reserve widths and management of the inner zones should be adjusted on individual bodies of water, taking into consideration— slope; road density; soil type; the importance of a stream to a salmon population; the effect on water temperature; the effect on water quality, including instream flow; the potential for the delivery or deposition of sediment and wood from upslope sources; and new scientific information and understanding; and submit to the Secretary a report including recommendations for adjusting the riparian reserve widths on individual bodies of water and management of the inner zones, subject to clause (iv). Any adjustment to a riparian reserve width recommended by the scientific committee under clause (iii)(II) shall ensure that the total area of riparian reserves in a 5th-level hydrologic unit code watershed is not less than 75 percent, nor more than 125 percent, of the total area of riparian reserves established under paragraph (1). On receipt of the report under subparagraph (B)(iii)(II), the Secretary shall— make the report available to the public; and provide a period of not less than 60 days for public comment regarding the recommendations contained in the report. After taking into consideration the report under subparagraph (B)(iii)(II) and any public comments received under subparagraph (C)(ii), the Secretary may adjust the riparian reserve width on an individual body of water— taking into consideration the recommendations included in the report; and if the Secretary determines that the adjustment would be in the public interest. Not later than 30 days after the date of enactment of the Oregon and California Land Grant Act of 2014 , the Secretary shall publish in the Federal Register a notice of intent to prepare— the landscape prioritization plan required under section 6; and the draft comprehensive environmental impact statements required under section 7 for— the Moist Forestry Emphasis Area and, of the Conservation Emphasis Areas designated under section 11— the Moist Areas Conservation Network; the Legacy Old Growth Protection Network; the 4 Drinking Water Special Management Units; the Molalla National Recreation Area; the Crabtree Valley Primitive Backcountry Area; the Brummit Fir Primitive Backcountry Area; and the Special Environmental Zones; and the Dry Forestry Emphasis Area and, of the Conservation Emphasis Areas designated under section 11— the Dry Areas Conservation Network; the Rogue National Recreation Area; the Illinois Valley Salmon and Botanical Area; the Grizzly Peak Primitive Backcountry Area; the Dakubetede Primitive Backcountry Area; the Wellington Wildlands Primitive Backcountry Area; the Mungers Butte Primitive Backcountry Area; the Pacific Crest Trail Corridor; and the Cascade-Siskiyou National Monument Expansion. During the 45-day period beginning on the date of publication of the notice of intent under subsection (a), the Secretary shall solicit public comments regarding— the scope and content of the documents described in subsection (a); and the impacts that the Secretary should analyze regarding the alternatives in the draft comprehensive environmental impact statements described in subsection (a)(2). The Secretary may issue the notice of intent during, and as a part of, the development or revision of a land use plan required under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712). Not later than 30 days after the date on which a notice of intent is published under subsection (a), the Secretary shall— enter into a consultation agreement regarding the development of any information or documents required to carry out this Act with— the United States Fish and Wildlife Service; and the National Oceanic and Atmospheric Administration; and invite to serve as cooperating agencies or to provide comments regarding the notice of intent— the Environmental Protection Agency; the State of Oregon; federally recognized Indian tribes with aboriginal land in the covered area; and affected units of local government. Not later than 270 days after the date of enactment of the Oregon and California Land Grant Act of 2014 , and once every 10 years thereafter, as necessary, the Secretary shall develop and make available to the public a landscape prioritization plan, which shall prioritize vegetation management projects and describe activities to be performed and areas to be established to satisfy landscape-related needs in the covered land. Each landscape prioritization plan under this section shall include a description of— for Moist Forestry Emphasis Areas— landscape-level plans depicting areas of moist forest landscape that will result in distribution of variable retention regeneration harvests to ensure desired placement and the appropriate scale of implementation; and areas that will 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; and for Dry Forestry Emphasis Areas— a landscape-level plan depicting areas of dry forest landscape that will be left in a denser condition for the 30-year period beginning on the date of enactment of the Oregon and California Land Grant Act of 2014 ; 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 2014 ; and areas that will— 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 trees and oak savannas that are in need of restoration or in danger from a potential fire risk; or restore historical structure and composition and improve fire resiliency. Subject to subparagraph (B), the Secretary shall propose the general locations in the Moist Forestry Emphasis Area in which the Secretary intends to conduct vegetation management projects during the 30-year period beginning on the date of enactment of the Oregon and California Land Grant Act of 2014 . For each consecutive 10-year period during the period described in subparagraph (A), the Secretary shall plan to conduct— vegetation management projects under section 9 across stands that comprise 8 percent to 12 percent of the Moist Forestry Emphasis Area, subject to clause (ii); and thinning activities in accordance with section 9. The locations of the proposed vegetation management projects under clause (i)(I) shall be distributed across the Bureau of Land Management districts, to the maximum extent practicable, in a manner that ensures that the timber produced in a given district is approximately proportional to the yield that can be produced by the forests in that district. Subject to subparagraph (B), the Secretary shall propose the locations in the Dry Forestry Emphasis Area in which the Secretary intends to conduct vegetation management projects for each consecutive 10-year period during the 30-year period beginning on the date of enactment of the Oregon and California Land Grant Act of 2014 . The Secretary shall identify the 1/3 of the area depicted as Dry Forest on the map entitled O&C Land Grant Act of 2014: Moist Forest and Dry Forest and dated July 31, 2014, in which the Secretary will not conduct vegetation management projects in order to maintain habitat for species requiring denser forest conditions, including northern spotted owls. The Secretary shall propose the locations in the Conservation Emphasis Area in which the Secretary intends to conduct vegetation management projects during the 30-year period beginning on the date of enactment of the Oregon and California Land Grant Act of 2014 . The Secretary shall develop the landscape prioritization plan under this section in coordination with the Director of the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration to ensure that the landscape prioritization plan complies with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). The Secretary shall solicit public comments regarding the landscape prioritization plan for a period of not less than 60 days after the date on which the Secretary makes the landscape prioritization plan available to the public. The Secretary shall— revise the landscape prioritization plan as the Secretary considers to be necessary, based on public comments received under subsection (d); and use and include the revised landscape prioritization plan in the draft comprehensive environmental impact statement required under section 7. The Secretary shall— incorporate the landscape prioritization plan into the land use plan that is required to be prepared by the Bureau of Land Management under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and implement the landscape prioritization plan regardless of whether a revision of that land use plan has been completed. Each area established in a landscape prioritization plan pursuant to subsection
(a)shall be reevaluated in the subsequent landscape prioritization plan under this section. The Secretary shall implement each 10-years worth of vegetation management projects, including priorities and vegetation management projects identified in a landscape prioritization plan under section 6(a), in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and the requirements of this section. Not later than 18 months after the date of enactment of the Oregon and California Land Grant Act of 2014 , the Secretary shall publish in the Federal Register 2 draft comprehensive environmental impact statements for the vegetation management projects proposed to be carried out during the initial 10-year period, of which— 1 shall cover the Moist Forestry Emphasis Area and, of the Conservation Emphasis Areas designated under section 11— the Moist Areas Conservation Network; the Legacy Old Growth Protection Network; the 4 Drinking Water Special Management Units; the Molalla National Recreation Area; the Crabtree Valley Primitive Backcountry Area; the Brummit Fir Primitive Backcountry Area; and the Special Environmental Zones; and 1 shall cover the Dry Forestry Emphasis Area and, of the Conservation Emphasis Areas designated under section 11— the Dry Areas Conservation Network; the Rogue National Recreation Area; the Illinois Valley Salmon and Botanical Area; the Grizzly Peak Primitive Backcountry Area; the Dakubetede Primitive Backcountry Area; the Wellington Wildlands Primitive Backcountry Area; the Mungers Butte Primitive Backcountry Area; the Pacific Crest Trail Corridor; and the Cascade-Siskiyou National Monument Expansion. Each draft comprehensive environmental impact statement under this subsection shall analyze different locations for the relevant vegetation management projects under— the no-action alternative; and 3 other alternatives that are consistent with sections 9 through 12. The Secretary shall consult with the Director of the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration in developing each draft comprehensive environmental impact statement under this subsection to ensure compliance with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)— taking into consideration the intended benefits to species and the environment from the conservation and management prescriptions on the covered land; and in a manner that covers the applicable 10-year work period so as to not require repeated consultation for individual projects on the covered land. Each draft comprehensive environmental impact statement shall include an analysis of the impacts of the proposed vegetation management projects on— the economy, including— timber supply; payments to counties; local jobs; and stability of local industries; water quality and quantity, including— stream flow; water temperature; sedimentation; and municipal water supplies; recreational opportunities and use; fish and wildlife, including— species listed as endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); aquatic species, including salmon; nest trees; and early seral habitat; roads, including— road density; public access, including access by neighboring landowners; and access by employees and contractors of the Bureau of Land Management; roadless areas and land with wilderness characteristics; cultural sites of federally recognized Indian tribes; the existing integrity of archeological sites; wetlands under the jurisdiction of the Corps of Engineers or delineated by the Natural Resources Conservation Service; highly erodible land; and such other topics provided to the Secretary under section 5(b)(2) as the Secretary considers to be important. For each vegetation management project proposed by the Secretary, the draft comprehensive environmental impact statement shall include an identification of— the location of forest stands to be harvested; the approximate size and timing of the harvest in those stands; and the specific vegetation treatment recommended for each forest stand. The forest stands identified under subparagraph
(A)shall be mapped and included as part of the applicable landscape prioritization plan under section 6(a). In addition to identifying forest stands under subparagraph (A), the Secretary shall conduct onsite reviews to verify, at a minimum— riparian and aquatic parameters and assessments; any streams or aquatic resources within the specific stands; water quality; the presence of sensitive or special status species and habitats; road conditions and information; and forest stand boundaries. The Secretary shall solicit public comment regarding the draft comprehensive environmental impact statements under subsection
(b)during the 60-day period beginning on the date on which the Secretary makes the draft comprehensive environmental impact statements available to the public. Not later than 27 months after the date of enactment of the Oregon and California Land Grant Act of 2014 , the Secretary— shall prepare 2 final comprehensive environmental impact statements for the vegetation management projects that have been identified in a draft comprehensive environmental impact statement to occur over a 10-year period, of which— 1 shall cover the Moist Forestry Emphasis Area and, of the Conservation Emphasis Areas designated under section 11— the Moist Areas Conservation Network; the Legacy Old Growth Protection Network; the 4 Drinking Water Special Management Units; the Molalla National Recreation Area; the Crabtree Valley Primitive Backcountry Area; the Brummit Fir Primitive Backcountry Area; and the Special Environmental Zones; and 1 shall cover the Dry Forestry Emphasis Area and, of the Conservation Emphasis Areas designated under section 11— the Dry Areas Conservation Network; the Rogue National Recreation Area; the Illinois Valley Salmon and Botanical Area; the Grizzly Peak Primitive Backcountry Area; the Dakubetede Primitive Backcountry Area; the Wellington Wildlands Primitive Backcountry Area; the Mungers Butte Primitive Backcountry Area; the Pacific Crest Trail Corridor; and the Cascade-Siskiyou National Monument Expansion; and shall publish in the Federal Register a notice of availability of the final comprehensive environmental impact statements; and may publish the final comprehensive environmental impact statements in conjunction with the environmental impact assessments relating to the land use plan developed by the Bureau of Land Management for the covered land. Except as provided in paragraph (2), not later than 60 days after the date on which a notice of availability of the final comprehensive environmental impact statements is published in the Federal Register under subsection (d)(2), the Secretary shall issue a record of decision relating to the vegetation management projects analyzed in the final comprehensive environmental impact statements. If person files an objection under section 8(a)(1) relating to a final comprehensive environmental impact statement, the Secretary shall publish a record of decision for that final comprehensive environmental impact statement— immediately after the Secretary responds to the objection; or as soon as practicable after the date on which the Secretary modifies the final comprehensive environmental impact statement to reflect that objection under section 8(a)(4). The Secretary shall not be required to conduct any additional analysis under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for a vegetation management project proposed to be carried out under this section, unless the proposed vegetation management project is outside the scope of the analysis already completed in the applicable final comprehensive environmental impact statement. The Secretary shall not implement a vegetation management project earlier than 30 days after the date of publication of a notice of initiation of the project. Not later than 5 years after the date on which a record of decision is issued under subsection (e)(1) relating to a vegetation management project analyzed in a final comprehensive environmental impact statement, the Secretary— shall reevaluate the final comprehensive environmental impact statement to ensure the vegetation management project is being carried out in accordance with this Act and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), based on— the monitoring assessment described in section 15(a); and a determination by the Director of the United States Fish and Wildlife Service and the Administrator of the National Oceanic and Atmospheric Administration that the vegetation management project complies with the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and may amend the final comprehensive environmental impact statement or record of decision— to achieve compliance with this Act and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and after providing a period of not less than 60 days for public comment regarding any proposed amendment. The Secretary shall continue to implement any ongoing vegetation management project until the date on which a relevant record of decision is amended under paragraph (1)(B). Prior to the publication of a final comprehensive environmental impact statement prepared under section 7(d), during the 60-day period described in section 7(e)(1), in lieu of any other appeal that may be available, an eligible person may file an objection to the final comprehensive environmental impact statement. To be eligible to file an objection under paragraph (1), a person shall submit to the Secretary during the 60-day period described in section 7(c) written comments that describe the objections to the action proposed under the final comprehensive environmental impact statement. The Secretary shall respond in writing to an objection filed under paragraph
(1)not later than 30 days after the date on which the objection is filed. On receipt of an objection filed under paragraph (1), the Secretary may amend the final comprehensive environmental impact statement to reflect the objection. During the first 30 days of the period described in section 7(e)(4), in lieu of any other appeal that may be available, a person may file a claim to protest a proposed vegetation management project. A claim may only be filed under paragraph
(1)if— a proposed activity under the vegetation management project is inconsistent with a record of decision; and the likely impacts of that activity are inconsistent with the impacts analyzed in the final comprehensive environmental impact statement; the vegetation management project violates the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or unanticipated extraordinary circumstances that would result in significant negative environmental impacts exist within the boundary of a vegetation management project; and those circumstances were not considered for additional review under section 7(f). The Secretary shall respond in writing to a claim filed under paragraph
(1)not later than 30 days after the date on which the claim is filed. On receipt of a claim filed under paragraph (1), the Secretary may— amend the scope of the vegetation management project; terminate the vegetation management project; or implement the vegetation management project as planned. A person may only challenge a covered agency action in a United States district court by bringing a covered civil action. Venue for any covered civil action shall lie in the United States District Court for the District of Oregon or the United States District Court for the District of Columbia. A person shall only be eligible to bring a covered civil action under paragraph
(1)if that person that filed— an objection under subsection (a)(1); or a claim under subsection (b)(1). A reviewing court under this subsection shall not consider any issue in a covered civil action unless the issue has previously been raising in writing in the objection or claim described in paragraph (3). A covered civil action shall not be maintained unless the covered civil action commenced not later than 60 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. 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 otherwise provided in this section, judicial review of a covered agency action shall be conducted in accordance with subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ). Subject to subparagraph (C), the period of any preliminary injunction and any stay pending appeal relating to a covered agency action shall not exceed 60 days. 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 short- and long-term impacts on the ecosystem likely to be caused— by undertaking the covered agency action; and by not undertaking the covered agency action. A court of competent jurisdiction may issue 1 or more renewals of any preliminary injunction or stay pending appeal issued under subparagraph (A). For each renewal of an injunction or stay pending appeal under this subparagraph, the parties to the covered civil action shall submit to the court updated information on the status of the covered agency action that is the basis of the covered civil action. Timber from the Moist Forestry Emphasis Area shall be sold, cut, and removed in conformity with the principle of sustained yield. The Secretary shall maintain the highest consistent timber production levels that can be sustained under the management intensity described in this section. The Secretary shall calculate— the quantity of timber that the Secretary can produce consistently and permanently; and the quantity of other timber the Secretary can produce, as part of the Moist Forestry Emphasis Area and the portions of the Conservation Emphasis Area, as described in the draft comprehensive environmental impact statement under section 7(b)(1)(A). The Secretary shall— calculate the quantities under clauses
(i)and
(ii)of subparagraph
(A)in 10-year increments; and in calculating that quantity, not include the volume of timber that could be offered from riparian reserves established under section 4. Moist Forestry Emphasis Areas 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, on the condition that 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 greater than 12 percent of the moist forests described in paragraph
(1)as land on which the Secretary shall carry out during each 10-year period variable retention regeneration harvesting activities, consistent with— this section; section 7(a); and the environmental impact statement required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). 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 greater than 50 percent. The Secretary shall exclude old growth trees from thinning activities under this paragraph. The Secretary may harvest a stand that has not reached the culmination of mean annual increment in order to offer the quantity of timber calculated under subsection (a)(3). The Secretary shall not increase the total quantity of mileage of permanent, system roads that are operational in the Moist Forestry Emphasis Area to a quantity greater than the quantity of mileage in existence on the date of enactment of the Oregon and California Land Grant Act of 2014. The Secretary— may construct new system roads to carry out a vegetation management project under this Act; and subject to the availability of appropriations and to the maximum extent practicable without causing an increase in costs associated with vegetation management projects, shall reduce the quantity of mileage of system roads. Subject to the availability of appropriations, the Secretary shall annually reduce the total quantity of mileage of nonsystem roads. If the Secretary constructs a temporary road as part of a vegetation management project, the Secretary shall close and decommission the temporary road not later than the earlier of— the date that is 2 years after the date on which the activity for which the temporary road was constructed is completed; and the date that is 1 year after the date on which the vegetation management project is completed. The Secretary shall manage the Dry Forestry Emphasis Area to increase the resiliency of the stands by reducing the risk from severe wildfires, droughts, and insect or disease outbreaks. The Secretary shall maintain or restore conditions of tree density, tree composition, and tree size distribution that will result in a stand with a high level of resistance and resilience to wildfire, drought, and insect attack. In carrying out vegetation management projects, the Secretary shall give priority to areas that contain important components, 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 trees and oak savannas that are in need of restoration or are in danger from potential fire risk. Dry Forestry Emphasis Areas 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; to increase the mean stand diameter; to shift the composition of stands to fire- and drought-tolerant species; and to 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 the prey of those species; 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. The Secretary shall not increase the total quantity of mileage of system roads that are operational in the Dry Forestry Emphasis Area to a quantity greater than the quantity of mileage in existence on the date of enactment of the Oregon and California Land Grant Act of 2014. The Secretary— may construct new system roads to carry out a vegetation management project; and subject to the availability of appropriations, shall decommission or place into storage all system roads that the Secretary has not planned to use in the next 10 years for vegetation management projects or administrative purposes. Subject to the availability of appropriations, the Secretary shall annually reduce the total quantity of mileage of nonsystem roads. If the Secretary constructs a temporary road as part of a vegetation management project, the Secretary shall close and decommission the temporary road not later than the earlier of— the date that is 2 years after the date on which the activity for which the temporary road was constructed is completed; and the date that is 1 year after the date on which the vegetation management project is completed. To provide general ecological benefits and protect conservation values, the following areas in the State of Oregon are designated as conservation networks for management by the Secretary in accordance with subsection (h): The approximately 132,000 acres of land managed by the Secretary, as depicted as Dry Areas Conservation Network on the map entitled O & C Land Grant Act of 2014: Conservation Networks and dated July 31, 2014, which is designated as the Dry Areas Conservation Network , the purpose of which is to create dry forest reserves that provide ecological benefits and protect conservation values, including providing old growth and late successional habitat, aquatic and riparian protection, fish and wildlife benefits, recreational and educational opportunities, and other natural processes needed for the healthy functioning of the ecosystem. The approximately 403,000 acres of land managed by the Secretary, as depicted as Moist Areas Conservation Network on the map entitled O & C Land Grant Act of 2014: Conservation Networks and dated July 31, 2014, which is designated as the Moist Areas Conservation Network , the purpose of which is to create moist forest reserves that provide ecological benefits and protect conservation values, including providing old growth and late successional habitat, aquatic and riparian protection, fish and wildlife benefits, recreational and educational opportunities, and other natural processes needed for the healthy functioning of the ecosystem. The approximately 480,000 acres of land managed by the Secretary, as depicted on the map entitled O & C Land Grant Act of 2014: Legacy Old Growth Protection Network and dated July 31, 2014, which is designated as the Legacy Old Growth Protection Network , the purpose of which is to protect and preserve stands that, as of the date of enactment of the Oregon and California Land Grant Act of 2014 , are at least 120 years old and shall be managed by the Secretary in a manner that does not allow harvesting of any tree within the area. To ensure the protection of the watersheds as a source of clean drinking water, to safeguard the water quality and quantity in the areas, and to allow visitors to enjoy the special scenic, natural, cultural, and fish and wildlife values of the watersheds, the following areas in the State of Oregon are designated as special management units for special management by the Secretary in accordance with subsection
(h)and this subsection: The approximately 12,042 acres of land managed by the Secretary, as depicted on the map entitled O&C Land Grant Act of 2014:McKenzie Source Water Emphasis Area and dated July 31, 2014, which is designated as the McKenzie Drinking Water Special Management Unit . The approximately 1,243 acres of land managed by the Secretary, as depicted on the map entitled O&C Land Grant Act of 2014: Hillsboro Source Water Emphasis Area and dated July 31, 2014, which is designated as the Hillsboro Drinking Water Special Management Unit . The approximately 416 acres of land managed by the Secretary, as depicted on the map entitled O&C Land Grant Act of 2014: Clackamas Source Water Emphasis Area and dated July 31, 2014, which is designated as the Clackamas Drinking Water Special Management Unit . The approximately 3,161 acres of land managed by the Secretary, as depicted on the map entitled O&C Land Grant Act of 2014: Springfield Source Water Emphasis Area and dated July 31, 2014, which is designated as the Springfield Drinking Water Special Management Unit . The grazing of livestock shall not be allowed within a special management unit designated by paragraph (1). To protect, conserve, and enhance the unique and nationally important recreational, ecological, scenic, cultural, watershed, and fish and wildlife values of the areas, the following areas in the State of Oregon are designated as recreation areas for management by the Secretary in accordance with subsection (h): The approximately 94,700 acres of Bureau of Land Management land, as depicted on the map entitled O&C Land Grant Act of 2014: Rogue National Recreation Area and dated July 31, 2014, which is designated as the Rogue National Recreation Area . The approximately 24,100 acres of Bureau of Land Management land, as depicted on the map entitled O&C Land Grant Act of 2014: Molalla National Recreation Area and dated July 31, 2014, which is designated as the Molalla National Recreation Area . To provide for the protection, preservation and enhancement of the natural character, scientific use, and the botanical, recreational, ecological, fish and wildlife, scenic, and cultural values of the areas and to preserve opportunities for primitive recreation in areas in which preservation is practicable, the following areas in the State of Oregon are designated for special management by the Secretary in accordance with subsection (h): The approximately 7,200 acres of Bureau of Land Management land, as depicted on the map entitled O&C Land Grant Act of 2014: Illinois Valley Salmon and Botanical Area and dated July 31, 2014, which is designated as the Illinois Valley Salmon and Botanical Special Management Area . The approximately 2,100 acres of Bureau of Land Management land, as depicted on the map entitled O&C Land Grant Act of 2014: Grizzly Peak Primitive Backcountry Area and dated July 31, 2014, which is designated as the Grizzly Peak Primitive Backcountry Special Management Area . The approximately 21,200 acres of Bureau of Land Management land, as depicted on the map entitled O&C Land Grant Act of 2014: Dakubetede Primitive Backcountry Area and dated July 31, 2014, which is designated as the Dakubetede Primitive Backcountry Special Management Area . The approximately 5,700 acres of Bureau of Land Management land, as depicted on the map entitled O&C Land Grant Act of 2014: Wellington Wildlands Primitive Backcountry Area and dated July 31, 2014, which is designated as the Wellington Wildlands Primitive Backcountry Special Management Area . The approximately 10,200 acres of Bureau of Land Management land, as depicted on the map entitled O&C Land Grant Act of 2014: Mungers Butte Primitive Backcountry Area and dated July 31, 2014, which is designated as the Mungers Butte Primitive Backcountry Special Management Area . The approximately 2,000 acres of Bureau of Land Management land, as depicted on the map entitled O&C Land Grant Act of 2014: Brummit Fir Primitive Backcountry Area and dated July 31, 2014, which is designated as the Brummit Fir Primitive Backcountry Special Management Area . The approximately 2,100 acres of Bureau of Land Management land, as depicted on the map entitled O&C Land Grant Act of 2014: Crabtree Valley Primitive Backcountry Area and dated July 31,2014, which is designated as the Crabtree Valley Primitive Backcountry Special Management Area . The approximately 95,767 acres of land administered by the Secretary, as depicted on the map entitled O&C Land Grant Act of 2014: Special Environmental Zones and dated July 31, 2014, which is designated as the Special Environmental Zone Special Management Area . Subject to valid existing rights, the Secretary shall administer the approximately 2,050 acres of land administered by the Director of the Bureau of Land Management depicted on the map entitled O&C Land Grant Act of 2014: Cascade-Siskiyou National Monument Expansion and Pacific Crest Trail Protection Corridor and dated July 31, 2014, as part of the Cascade-Siskiyou National Monument. There is designated in the State of Oregon a trail corridor for the Pacific Crest National Scenic Trail, to be known as the Pacific Crest Trail Protection Corridor , consisting of certain Bureau of Land Management land located within approximately 1/4 mile on either side of the Pacific Crest National Scenic Trail, as depicted on the map entitled O&C Land Grant Act of 2014: Cascade-Siskiyou National Monument Expansion and Pacific Crest Trail Protection Corridor and dated July 31, 2014, to be managed by the Secretary in accordance with subsection (h). The purposes of the Pacific Crest Trail Protection Corridor are to protect and enhance the recreational, scenic, historic, and wildlife values of the Pacific Crest National Scenic Trail in as natural and undeveloped a state as practicable. Forest roads crossing the Pacific Crest Trail Protection Corridor or within the Pacific Crest Trail Protection Corridor shall be limited to those necessary for the proper use and administration of adjacent public land, as determined by the Secretary in applicable management plans. As soon as practicable after the date of enactment of the Oregon and California Land Grant Act of 2014, the Secretary shall a prepare a map and legal description of each Conservation Emphasis Area. The maps and legal descriptions prepared under subparagraph
(A)shall have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in the maps and legal descriptions. The maps and legal descriptions prepared under subparagraph
(A)shall be available for public inspection in the appropriate offices of the Bureau of Land Management. The Secretary shall administer each Conservation Emphasis Area— in a manner that conserves, protects, and enhances the resources and values of the Conservation Emphasis Area; and in accordance with— this subsection; the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and any other applicable Federal laws. The Secretary shall only allow uses of a Conservation Emphasis Area that are consistent with the purposes and values for which the Conservation Emphasis Area is established. Subject to valid existing rights, all Federal surface and subsurface land within a Conservation Emphasis Area is withdrawn from— all forms of entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and operation under the mineral leasing and geothermal leasing laws. Nothing in this section creates any protective perimeter or buffer zone around an area designated under this section. The use of motorized vehicles within the Conservation Emphasis Area (other than a conservation network designated by subsection (a)) shall be limited to roads allowed by the Secretary for such use, provided that the Secretary may allow off-road vehicle use in designated portions of the areas designated by this section. Subject to subparagraph (B), in the Conservation Emphasis Area (other than a special management area designated by subsection (e)), the cutting, sale, or removal of timber may be permitted— to the extent necessary to improve the health of a forest in a manner that— maximizes the retention of large trees— as appropriate for 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 after completion of the timber removal 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 the development of structurally complex forest conditions; and in a manner that retains older trees and old growth trees; to carry out an approved management activity in furtherance of the purposes for which the Conservation Emphasis Area was established, 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 would not impact the purposes for which the Conservation Emphasis Area was established. Notwithstanding subparagraph (A), forest thinning and vegetation treatments may be permitted in a special management area designated by subsection (e), if the purpose of the treatments is— to improve forest health in a case in which the forest is threatened by fire, an insect outbreak, or disease; to improve or maintain recreational facilities and opportunities; or to protect public health or safety. The Secretary shall seek to consolidate Federal land and non-Federal land by exchanging or conveying covered land and by acquiring non-Federal land to create more contiguous blocks of land under the jurisdiction of the Secretary— to facilitate the administration of the Moist Forestry Emphasis Area or Dry Forestry Emphasis Area; or to better provide for the management objectives of the Conservation Emphasis Areas. Not later than 270 days after the date of enactment of the Oregon and California Land Grant Act of 2014, the Secretary shall review and inventory the Moist Forestry Emphasis Area to identify any public land in the Moist Forestry Emphasis Area 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). In accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716), the Secretary may exchange Federal land in the Moist Forestry Emphasis Area or the Dry Forestry Emphasis Area or interests in the Federal land for adjacent non-Federal land or interests in the non-Federal land if— the Federal land does not contain critical habitat for a species listed under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); the Federal land is not identified in the landscape prioritization plan developed under section 6(a); the Secretary determines that the land exchange would facilitate the administration of the Moist Forestry Emphasis Area or Dry Forestry Emphasis Area; and the Secretary determines that the land exchange is in the public interest. In accordance with the applicable land use plan prepared under section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ), the Secretary shall establish a program to complete appraisals and satisfy other legal requirements for the sale of covered land and the acquisition of non-Federal land under this subsection. In accordance with sections 203 and 209 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713, 1719), the Secretary may sell not more than 50,000 acres of covered land. In determining which parcels of covered land to sell under this section, the Secretary— shall sell parcels of covered land that are not contiguous to other land in the Moist Forestry Emphasis Area to facilitate the administration of the Moist Forestry Emphasis Area; shall sell parcels of covered land that are not contiguous to other land in the Dry Forestry Emphasis Area to facilitate the administration of the Dry Forestry Emphasis Area; and may seek to fulfill the management objectives for the Conservation Emphasis Areas by selling parcels of land in the Conservation Emphasis Areas identified as candidates for disposal on the list prepared under subparagraph (B)(i). A parcel of land in a Conservation Emphasis Area may be sold under subparagraph (A)(iii) if the parcel is identified as a candidate for disposal on a list prepared by a committee established under clause
(ii)that identifies parcels in the Conservation Emphasis Areas that do not align with the management objectives for the Conservation Emphasis Areas established under section 11. A committee referred to in clause
(i)is a committee established by the Secretary that is comprised of at least— 1 member that is a fish and wildlife expert; 1 member that is a forestry expert; I member that represents a conservation organization; 1 member that represents the State of Oregon; and 1 member that represents a unit of local government in the State of Oregon. The Secretary shall not sell covered land under this subsection that has been identified as critical habitat for a species listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). The Secretary may elect to convey land in a Conservation Emphasis Area to the State of Oregon or a unit of local government in the State of Oregon pursuant to the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ) ( 43 U.S.C. 869 et seq. ). Notwithstanding any other provision of law, the gross proceeds from a sale of covered land under this section shall— in the case of covered land sold within the Moist Forestry Emphasis Area, be deposited into a separate account in the Treasury to be known as the O&C Land—Moist Forestry Emphasis Area Acquisition Account ; in the case of covered land sold within the Dry Forestry Emphasis Area, be deposited into a separate account in the Treasury to be known as the O&C Land—Dry Forestry Emphasis Area Acquisition Account ; and in the case of covered 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 Area Acquisition Account . Amounts in the accounts described in paragraph
(1)shall be available to the Secretary until expended, without further appropriation, to acquire, in accordance with section 205 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1715), non-Federal land or interests in non-Federal land from willing sellers, if acquisition of the non-Federal land would meet 1 or more of the purposes described in subsection (a). To determine whether an acquisition of non-Federal land under subparagraph
(A)is in the public interest, the Secretary shall consult with and consider comments from— the State of Oregon; the unit of local government that has jurisdiction over the area in which the non-Federal land is located; the Director of the United States Fish and Wildlife Service; the Director of the National Marine Fisheries Service; and the public. Consultation required under clause
(i)shall be in addition to any other consultation required by law. An amount not to exceed 20 percent of the amounts 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. The Secretary shall administer any land or interest in land acquired using funds from the O&C Land—Moist Forestry Emphasis Area Acquisition Account in accordance with section 9. The Secretary shall administer any land or interest in land acquired using funds from the O&C Land—Dry Forestry Emphasis Area Acquisition Account in accordance with section 10. The Secretary shall administer any land or interest in land acquired using funds from the O&C Land—Conservation Emphasis Area Acquisition Account in accordance with section 11. The Secretary shall annually 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 that lists each land transaction under this section during the year covered by the report. Effective for fiscal year 2014 and each fiscal year thereafter, all receipts generated from activities on covered land shall be deposited in a separate fund in the Treasury designated the Oregon and California Railroad Grant Lands Fund , to be distributed annually in accordance with this section. Subject to subsection (d)(4)(C), as soon as practicable after the end of each fiscal year described in subsection (a), $4,000,000 of all amounts received by the Secretary for the applicable fiscal year from the covered land shall be transferred to the general fund of the Treasury. Subject to paragraph
(2)and subsection (d)(4)(C), all amounts received for the applicable fiscal year by the Secretary from the covered land shall be used to pay for the management of, administrative expenses for, and capital improvement costs for the covered land, including the restoration of fish and wildlife habitat on the covered land. The amount of revenue that is used to pay for expenses and costs for a fiscal year under paragraph
(1)shall not exceed— 25 percent of all amounts received for the applicable fiscal year by the Secretary from the covered land during the fiscal year; or $20,000,000. All amounts received for the applicable fiscal year by the Secretary from the covered land during a fiscal year that is in excess of the amount necessary to carry out subsections
(b)and
(c)shall be provided to the counties that contain covered land (referred to in this subsection as a covered county ) in the form of annual payments. Payments shall be made available to covered counties under this subsection as soon as practicable following the end of each fiscal year. Payments made to covered counties under this subsection shall be used as other county funds. Subject to subparagraphs
(B)and (C), for each fiscal year described in subsection (a), the amount of payments allocated under this subsection to each covered county for a fiscal year shall be equal to the ratio that— the assessed value of covered land in the covered county for fiscal year 1915; bears to the assessed value of covered land in all covered counties for fiscal year 1915. For purposes of subparagraph (A), the portion of the covered land in each of the covered counties that was not assessed for fiscal year 1915 shall be considered to have been assessed at the average assessed value of the covered land in the covered county. Subject to clauses
(ii)and (iii), the annual payment paid to a covered county under this subsection, to the extent practicable, shall not be less than the payment that the covered county would have received solely under this Act (as in effect on the day before the date of enactment of the Oregon and California Land Grant Act of 2014 ) for fiscal year 2013 if the covered county had elected to receive payment under this Act and not under any other law. If the portion of revenues to be provided to a covered county for a fiscal year is less than the amount described in clause (i), the payment made to the Treasury for the fiscal year under subsection
(b)shall be reduced by an amount necessary to provide the minimum payments required under clause
(i)for the covered county. If the minimum payments required under clause
(i)could not be made to all covered counties after the payment made to the Treasury is reduced under clause (ii), the payment made for administrative costs for the fiscal year under subsection
(c)shall be reduced by an amount necessary to provide the minimum payment required under clause
(i)for all covered counties. A county may carry out a vegetation management project in the Dry Forestry Emphasis Area to reduce the risk of a severe wildfire or the risk of an insect or disease outbreak, in a manner consistent with section 10 if— the county provides to the Secretary a description of the proposed scope of work and proposed duration of the vegetation management 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. Without a permit from the Secretary, a person may enter and treat any Dry Forestry Emphasis Area that is located within 50 feet of the residence of that person if— the residence is in existence on the date of enactment of the Oregon and California Land Grant Act of 2014 ; 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 Secretary has adequate supervisory, monitoring, and enforcement resources to ensure that the person carries out the treatment activities in accordance with subparagraph (C). Not less than 30 days before beginning to treat land described in subparagraph (A), the person shall notify, in writing, the Secretary of the intention of that person to treat that land. The person shall also notify the Secretary 14 days before beginning the treatment. On receiving a notification to treat land under this paragraph, the Secretary shall inform the person of the treatment requirements in subparagraph (C). A person treating land described in subparagraph
(A)shall carry out the treatment in accordance with the following requirements: No dead tree, nest tree, old growth tree, or tree greater than 16 inches in diameter shall be cut. No herbicide or insecticide application shall be used. Vegetation shall be cut so that— less flammable species are favored for retention; and the adequate height and spacing between bushes and trees are maintained. 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 so that all parts of the tree are at not less than 10 feet away from the residence. 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. The Secretary may conduct certain activities on the covered land in accordance with this subsection. During a vegetation management project, the Secretary may carry out tree tipping and tree felling activities within the riparian reserves described in section 11 as the Secretary determines necessary to improve habitat for aquatic species. The Secretary shall annually use not less than $1,000,000 of amounts made available under subsection 13(c) to transport and place large trees in streams on Federal, State, or private land to improve fish habitat. Within the riparian reserves described in section 11, the Secretary may plant vegetation that is native to the State of Oregon. The Secretary may replace a culvert that impedes the passage of fish passage or is unable to withstand a 100-year flood event. For the purposes of paragraph (3), the Secretary may decommission any road that— was not established by the Bureau of Land Management; and is not more than 20 years old. Except as provided in paragraph (4), each activity described in paragraph
(2)shall be— considered an action categorically excluded from review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) or section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation); and exempt from administrative review. Paragraph
(3)does not apply to any activity located in— a component of the National Wilderness Preservation System; a wilderness study area; or an area in which the activity would be inconsistent with the applicable resource management plan. 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— consider public input in the selection of projects; and publish the selection process of the Secretary 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 that 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 previous 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. Not later than 1 year after the date of enactment of the Oregon and California Land Grant Act of 2014 , the Secretary shall establish a penalty system or guidelines designed to deter contractors from cutting old growth trees in the covered area in violation of this Act. The penalty system shall allow for a specified de minimis quantity, as determined by the Secretary, of old growth trees that are under 250 years of age to be cut in error and not subject to penalty. If any contractor cuts more than twice the de minimis quantity of old growth trees established under paragraph (2), the Secretary shall, after notifying the public and providing a public comment period for 30 days, revise the penalty system. If a contractor cuts an old growth tree that is greater than 250 years of age, the contractor shall make a payment to the Secretary equal to 3 times the stumpage value of that tree. Not later than 10 years after the date of enactment of the Oregon and California Land Grant Act of 2014 and every 10 years thereafter, the Secretary— shall evaluate the initial assignments of Dry Forest and Moist Forest on the map entitled O&C Land Grant Act of 2014: Moist Forest and Dry Forest and dated July 31, 2014, and the resulting change in land in the Moist Forestry Emphasis Area or the Dry Forestry Emphasis Area; and may, as the Secretary determines to be necessary and in accordance with the criteria described in paragraph (2)— redesignate Moist Forestry Emphasis Area land as Dry Forestry Emphasis Area land; and redesignate Dry Forestry Emphasis Area land as Moist Forestry Emphasis Area land. In addition to adjustments authorized under subparagraph (A), the Secretary may adjust dry and moist forest assignments in specific locations based on an on-the-ground field examination by the Secretary. In redesignating land as Moist Forestry Emphasis Area or Dry Forestry Emphasis Area, the Secretary shall use the criteria described in this paragraph. For purposes of this subsection, land in the Moist Forestry Emphasis Area generally— experiences infrequent wildfires at intervals that are greater than 100 years; and the wildfires generally kill all of the trees that comprise the canopy of a stand; and contains 1 of the following plant association groups: The Western Hemlock (Tsuga heterophylla) series. The Sitka Spruce (Picea sitchensis) series. The Western Red Cedar (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. The Moist White Fir (Abies concolor) plant association group. For purposes of this subsection, land in the Dry Forestry Emphasis Area generally— experiences relatively frequent wildfires; and these wildfires are predominantly low or mixed in severity; and contains 1 of 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. The Dry White Fir (Abies concolor) plant association group. For purposes of this subsection, the Secretary may consider land that contains a Moist Grand Fir or a Moist White Fir plant association group as Moist Forestry Emphasis Area or Dry Forestry Emphasis Area based on the condition of the land, landscape context, or management goals. For land that meets criteria under both subparagraph
(A)and (B), the Secretary may choose to categorize the land as either Moist Forestry Emphasis Area or Dry Forestry Emphasis Area to align with the designations of adjacent covered land. In carrying out this subsection, the Secretary shall provide the public a period of not less than 60 days to comment on a proposed redesignation of land. Nothing in this Act— affects any private ownership or rights, including rights-of-way and reciprocal rights-of-way agreements, tail hold agreements, easement obligations, and tribal treaty rights; or terminates any valid lease, permit, patent, or other right of authorization (including a lease, permit, patent, or other right of authorization for forest management activities) existing on the date of enactment of the Oregon and California Land Grant Act of 2014 . Nothing in this Act affects the jurisdiction of the State of Oregon with respect to the management of fish and wildlife on public land in the State. Pesticides may be used within the covered land, if the use— is limited to plants listed by the Oregon Department of Agriculture as invasive plants; is part of an integrated pest management approach; and is restricted to various ground-based systems that are designed around target species. The Secretary shall designate 50,000 acres across 2 to 5 sites in the covered land to include moist forests and dry forests, as depicted on the map entitled O&C Land Grant Act of 2014: Moist Forest and Dry Forest and dated July 31, 2014, to be comanaged by the Secretary and Oregon State University as special management and research areas in accordance with the criteria described in paragraph (2). In designating land as special management and research areas under paragraph (1), the Secretary shall designate— 20 to 30 percent of land that is designated as Conservation Emphasis Areas on the map described in section 2(5); 70 to 80 percent of land that is designated as Forestry Emphasis Areas on the map described in paragraphs
(11)and
(14)of section 2; land, to the maximum extent practicable, contiguous to other land designated under paragraph (1); land within close proximity of other land designated under paragraph (1); land located within 150 miles of the main campus of Oregon State University in Corvallis, Oregon; and land selected in consultation with Oregon State University. Land designated under paragraph
(1)shall be used by institutions of higher education in the State of Oregon for the conduct 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 paragraph
(1)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 subsection shall be conducted by an institution of higher education in the State of Oregon other than Oregon State University. At least 3,750 acres of the land designated under paragraph
(1)shall be treated during each 5-year period. If the minimum acreage under subparagraph
(A)is not treated for 2 5-year periods during a 20-year period, management of the land designated under subsection
(a)shall revert to traditional management status by the Secretary. The Bureau of Land Management State Director for the State of Oregon shall— review and decide whether to permit each proposed treatment to be conducted as part of an authorized project under this subsection; and review for adequacy the paperwork required to be prepared for each treatment. Every 5 years after the Secretary issues a record of decision described in section 7(e), the Secretary shall prepare a monitoring assessment of the impacts of the vegetation management projects on the covered land. In preparing the monitoring assessment, the Secretary shall include reports on— changes in the volume and quality of timber sold; changes in water quality; changes in recreation; and the effectiveness of fish and wildfire protections. The Secretary shall provide for public comment prior to finalizing the monitoring assessment. After considering public comment, 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 copy of the final monitoring assessment. The Secretary shall use the Monitoring Assessment during the 5-year evaluation described in subsection 7(f). Every 10 years after the Secretary issues a record of decision described in section 7(e), the Secretary shall prepare an adaptive management report to review the requirements of sections 9 through 12. In preparing the adaptive management report, the Secretary shall include reports on— the ability of the Secretary to implement sections 9 through 12; the best available science for managing the covered land consistent with the management objectives described in section 3(b); and any recommendations for amending this Act. The Secretary shall provide for public comment prior to finalizing the adaptive management report. After considering public comment, 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 copy of the final adaptive management report. The Secretary shall annually use not less than $1,000,000 of amounts made available under subsection 13(c) to monitor short-term changes in forest health, water quality, and fish and wildlife habitat. During the period beginning on the date of enactment of the Oregon and California Land Grant Act of 2014 and ending 90 days after the date on which the record of decision is completed under section 7, a transition period shall be in effect in accordance with this section. Any timber sale or agreement to perform work on covered land that was entered into by the Secretary before the date of enactment of the Oregon and California Land Grant Act of 2014 shall remain binding and effective according to the terms of the contract. Timber sales for which review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been completed or will be completed not later than 90 days following the date of enactment of the Oregon and California Land Grant Act of 2014 shall continue as planned. The Secretary may conduct vegetation management projects on the covered land during the transition period on the conditions that the vegetation management projects— comply with the designations and requirements of this Act; and are reviewed pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), outside of the process described in section 7. The Secretary shall seek to make such accommodations as are necessary to avoid interfering with the performance of a timber sale or work agreement described in paragraph
(1)or (2). 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. .
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Citation graph
cites case law
Sec. 301
Management of Oregon and California Railroad and Coos Bay Wagon Road grant land
U.S.C.§ 1181a
U.S.C.§ 470f
Stat.Public Law 385
Stat.Chapter 47
U.S.C.§ 1712
U.S.C.§ 1531
U.S.C.§ 1251
U.S.C.§ 6511
U.S.C.§ 1701
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