bill text o&c act 2014

7/26/2019 Bill Text O&C Act 2014

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END14483 S.L.C.

AMENDMENT NO.llll Calendar No.lll

Purpose: In the nature of a substitute.

IN THE SENATE OF THE UNITED STATES113th Cong., 2d Sess.

S. 1784

To improve timber management on Oregon and CaliforniaRailroad and Coos Bay Wagon Road grant land, andfor other purposes.

Referred to the Committee onllllllllll

andordered to be printed

Ordered to lie on the table and to be printed

AMENDMENT IN THE NATURE OF A SUBSTITUTE intendedto be proposed bylllllll

Viz:

Strike all after the enacting clause and insert the fol-1

lowing:2

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.3

(a) SHORT TITLE.This Act may be cited as the4

Oregon and California Land Grant Act of 2014.5

(b) TABLE OF CONTENTS.The table of contents of6

this Act is as follows:7

Sec. 1. Short title; table of contents.

TITLE IMANAGEMENT ON OREGON AND CALIFORNIA RAILROAD

AND COOS BAY WAGON ROAD GRANT LAND

Sec. 101. Management of Oregon and California Railroad and Coos Bay Wagon

Road grant land.

Sec. 1. Short title.

Sec. 2. Definitions.

Sec. 3. Land management.


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Sec. 4. Aquatic and riparian protection.

Sec. 5. Notice of intent.

Sec. 6. Landscape prioritization plans.

Sec. 7. Objections; O&C administrative review process; judicial review.

Sec. 8. Moist Forestry Emphasis Area.

Sec. 9. Dry Forestry Emphasis Area.

Sec. 10. Conservation Emphasis Areas.Sec. 11. Land management rationalization.

Sec. 12. Distribution of funds.

Sec. 102. Designation of wild and scenic rivers.

TITLE IITRIBAL LAND

Subtitle AOregon Coastal Land Conveyance


Sec. 202. Conveyance.

Sec. 203. Map and legal description.

Sec. 204. Administration.

Sec. 205. Forest management.

Subtitle BCanyon Mountain Land Conveyance


Sec. 212. Conveyance.

Sec. 213. Map and legal description.

Sec. 214. Administration.

Sec. 215. Forest management.

Subtitle CAmendments to Coquille Restoration Act

Sec. 221. Amendments to Coquille Restoration Act.

TITLE IIIOREGON TREASURES

Subtitle AWild Rogue Wilderness Area

Sec. 301. Wild rogue wilderness area.

Subtitle BDevils Staircase Wilderness


Sec. 312. Devils Staircase Wilderness, Oregon.

Sec. 313. Wild and scenic river designations, Wasson Creek and Franklin

Creek, Oregon.

Subtitle CAdditional Wild and Scenic River Designations and Technical

Corrections

Sec. 321. Designation of wild and scenic river segments, Molalla River, Oregon.

Sec. 322. Technical corrections to the Wild and Scenic Rivers Act.

Subtitle DFrank Moore Wild Steelhead Sanctuary


Sec. 332. Frank Moore Wild Steelhead Refuge, Oregon.


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TITLE IMANAGEMENT ON OR-1

EGON AND CALIFORNIA RAIL-2

ROAD AND COOS BAY WAGON3

ROAD GRANT LAND4

SEC. 101. MANAGEMENT OF OREGON AND CALIFORNIA5

RAILROAD AND COOS BAY WAGON ROAD6

GRANT LAND.7

(a) IN GENERAL.The Act of August 28, 1937 (438

U.S.C. 1181a et seq.), is amended9

(1) by redesignating sections 2, 4, and 5 (4310

U.S.C. 1181b, 1181d, 1181e) as sections 119, 120,11

and 121, respectively; and12

(2) by striking the first section and inserting13

the following:14

SECTION 1. SHORT TITLE.15

This Act may be cited as the Oregon and California16

Land Grant Act of 2014.17

SEC. 2. DEFINITIONS.18

In this Act:19

(1) 80 YEAR OLD AGE CLASS.The term 8020

year old age class, following the common usage by21

the Bureau of Land Management, means a group of22

trees of which the average age of the dominant trees23

is 75 to 85 years old, comprising part of or an entire24

stand.25


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(2) 90 YEAR OLD AGE CLASS.The term 901

year old age class, following the common usage by2

the Bureau of Land Management, means a group of3

trees of which the average age of the dominant trees4

is 85 to 95 years old, comprising part of or an entire5

stand.6

(3) ADJACENT PRIVATE LAND.The term ad-7

jacent private land means any privately owned land8

that is9

(A) contiguous to covered land as defined10

in this Act; or11

(B) situated so that it is reasonably nec-12

essary to use covered land as defined in this13

Act to access the privately owned land.14

(4) AGENCY ACTION.The term agency ac-15

tion has the meaning given the term in section 55116

of title 5, United States Code.17

(5) ARCHEOLOGICAL SITE.The term archeo-18

logical site means any district, site, building, struc-19

ture, or object that is included, or eligible for inclu-20

sion, in the National Register under section 106 of21

the National Historic Preservation Act (16 U.S.C.22

470f).23

(6) CONSERVATION EMPHASIS AREA.The24

term Conservation Emphasis Area means the lands25


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allocated for various purposes in section 10, except1

for subsection (f), and generally depicted on the map2

entitled O & C Land Grant Act of 2014: Conserva-3

tion Emphasis Areas and dated November 3, 20144

and the lands generally depicted on the map entitled5

O & C Land Grant Act of 2014: Late Successional6

Old-Growth Forest Heritage Areas and dated No-7

vember 3, 2014.8

(7) COVERED AGENCY ACTION.The term9

covered agency action means an agency action car-10

ried out by the Secretary, through the U.S. Bureau11

of Land Management or U.S. Fish and Wildlife12

Service, relating to the management of vegetation on13

covered land.14

(8) COVERED CIVIL ACTION.The term cov-15

ered civil action means a civil action seeking judicial16

review of a covered agency action.17

(9) COVERED LAND.The term covered land18

means the approximately 2,800,000 acres of land19

designated as Oregon and California Railroad and20

Coos Bay Wagon Road grant land, generally de-21

picted as covered lands on the map entitled O &22

C Land Grant Act of 2014 and dated November 3,23

2014, which includes the approximately 410,00024

acres of the Public Domain and acquired lands in25


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section 3(d), the approximately 72,000 acres of the1

reconveyed Coos Bay Wagon Road grant land that2

is under the jurisdiction of the Department, and the3

approximately 311,500 acres of final BLM land, for-4

merly Forest Service and Army Corps of Engineers5

land, denoted in section 11 of this Act entitled6

Land Management Rationalization all to be des-7

ignated O&C lands; provided further any lands later8

acquired by the Secretary surrounding the area gen-9

erally depicted on this map shall also be covered10

lands and designated O&C lands; and further pro-11

vided that any lands otherwise intended to be ac-12

cepted into the O&C lands land base also be consid-13

ered covered land by this Act.14

(10) DECOMMISSION.The term decommis-15

sion, with respect to a road, means to restore any16

natural drainage, watershed function, or other eco-17

logical process that has been disrupted or adversely18

impacted by the road by19

(A) removing or hydrologically dis-20

connecting the road prism;21

(B) reestablishing vegetation on the22

former road prism; and23


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(C) using the best available science to re-1

store the integrity and form of associated hill2

slopes, channels, and floodplains.3

(11) DEPARTMENT.The term Department4

means the Department of the Interior.5

(12) DRY FOREST EMPHASIS AREAS.The6

term Dry Forests means the land that is labeled as7

Dry Forest on the map entitled O & C Land Grant8

Act of 2014: Moist Forests and Dry Forests and9

dated November 3, 2014 and that is located within10

the area labeled as Forestry Emphasis Area on the11

map entitled O & C Land Grant Act of 2014: For-12

estry Emphasis Areas and dated November 3, 2014.13

(13) FOREST HEALTH.The term forest14

health means conditions that enable forested land15

(A) to be durable, resilient, and less16

prone to uncharacteristic wildfire, insect, or17

pathogen events, while18

(i) supporting ecosystem services and19

populations of native species; and20

(ii) allowing for natural disturb-21

ances;22

(B) to maintain or develop species com-23

position, ecosystem function and structure, hy-24


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drologic function, and sediment regimes that1

are within an acceptable range that considers2

(i) historic variability; and3

(ii) anticipated future conditions.4

(14) FOREST MANAGEMENT.The term for-5

est management, with respect to the activities of ad-6

jacent private land owners, means any activity or7

plan reasonably necessary for the prudent manage-8

ment, upkeep, and use of forested land, including9

(A) timber harvesting, thinning, reforest-10

ation, vegetation and pest management, and11

other silvicultural activities;12

(B) development and harvest of other for-13

est resources and products;14

(C) fire prevention and suppression ac-15

tivities; and16

(D) installing, constructing, maintaining,17

improving, and reconstructing18

(i) roads;19

(ii) landings;20

(iii) yarding corridors and wedges;21

(iv) guyline supports; and22

(v) tail holds for permanent or tem-23

porary use that are reasonably necessary24

for prudent land management.25


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(15) LATE SUCCESSIONAL OLD-GROWTH FOR-1

EST.The term late successional old-growth forest2

means a stand of trees equal to or greater than 143

acre in size and with a 90-year or older age class of4

trees as of the date of enactment of the Oregon and5

California Land Grant Act of 2014.6

(16) LEGACY TREE.The term legacy tree7

means a live tree that is determined to be equal to8

or greater than 150 years of age, or a dead tree that9

is estimated to have been 150 years or older when10

it died.11

(17) MOIST FORESTRY EMPHASIS AREA.The12

term Moist Forestry Emphasis Area means the13

land that is labeled as Moist Forest on the map en-14

titled O & C Land Grant Act of 2014: Moist For-15

ests and Dry Forests and dated November 3, 201416

and that is located within the area labeled as For-17

estry Emphasis Area on the map entitled O & C18

Land Grant Act of 2014: Forestry Emphasis Areas19

and dated November 3, 2014, excluding the lands20

generally depicted on the map entitled O & C Land21

Grant Act of 2014: Late Successional Old-Growth22

Forest Heritage Areas and dated November 3, 2014.23

(18) PLACE INTO STORAGE.The term place24

into storage, with respect to a road, means25


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(A) to maintain the road in order to pre-1

vent resource damage; but2

(B) to alter the road to eliminate all ve-3

hicular traffic by4

(i) for purposes of controlling ero-5

sion6

(I) installing appropriate water7

control structures, such as water bars;8

or9

(II) ensuring the surface of the10

road slopes such that water quickly11

drains off the surface of the road;12

(ii) for purposes of preventing access13

by vehicles14

(I) blocking the entrance of the15

road; and16

(II) scattering slash atop the17

road surface; and18

(iii) for purposes of restoring native19

vegetation20

(I) scarifying lightly the surface21

of the road;22

(II) seeding the surface of the23

road, as needed; and24

(III) treating noxious weeds.25


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(19) RESIDENCE.The term residence1

means a privately owned, permanent structure that2

is maintained for habitation as a dwelling or work-3

place.4

(20) SALMON.The term salmon means any5

of the wild Oncorhynchus species that occur in the6

State of Oregon.7

(21) SECRETARY.The term Secretary8

means the Secretary of the Interior, acting through9

the Director of the Bureau of Land Management, or10

her designee.11

(22) SITE-POTENTIAL TREE.The term site-12

potential tree means the average dominant tree,13

modeled at 200 years of age, for a given site class.14

(23) SOURCE WATER EMPHASIS AREA.The15

term Source Water Emphasis Area means the16

areas identified as Source Water Emphasis Area on17

the map entitled O&C Land Grant Act of 2014:18

Source Water Emphasis Areas and dated November19

3, 2014.20

(24) SUSTAINED YIELD.The term sustained21

yield means the definition of sustained yield under22

the Federal Land Policy and Management Act of23

1976 (43 U.S.C. 1701 et seq.) applying the ecologi-24


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cal forestry principles and other provisions of this1

Act.2

(25) TIMBER-BY-PRODUCT.The term tim-3

ber-by-product means timber produced as a con-4

sequence of vegetative treatments or other manage-5

ment actions undertaken solely to achieve ecological6

goals.7

(26) TREE TIPPING AND TREE FELLING AC-8

TIVITY.The term tree tipping and tree felling ac-9

tivity means any activity relating to the intentional10

felling and placement of a tree in a stream or on the11

forest floor during a timber harvest operation for the12

purposes of fish or stream or riparian habitat im-13

provement.14

(27) VEGETATION MANAGEMENT PROJECT.15

The term vegetation management project means an16

activity carried out on covered land that involves the17

cutting of vegetation to achieve the purposes of this18

Act.19

SEC. 3. LAND MANAGEMENT.20

(a) IN GENERAL.Notwithstanding the Act of June21

9, 1916 (39 Stat. 218, chapter 137), and the Act of Feb-22

ruary 26, 1919 (40 Stat. 1179, chapter 47), any portion23

of the revested Oregon and California Railroad grant land24

or the reconveyed Coos Bay Wagon Road grant land that25


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is under the jurisdiction of the Department, here to for1

part of the covered land as defined in this Act, shall be2

managed in accordance with this Act.3

(b) MANAGEMENT.The purposes of lands man-4

aged through this Act are to provide collectively certainty5

and economic stability for local communities and indus-6

tries, fish and wildlife benefits, improved ecological and7

hydrological function and health, improved forest health,8

municipal and community drinking water, permanent for-9

est production for identified forestry areas, protection of10

watersheds and regulation of stream flow, and recreational11

opportunities.12

(c) APPLICABILITY OF SURVEY AND MANAGE RE-13

QUIREMENTS UNDER THE NORTHWEST FOREST PLAN.14

The document entitled Northwest Forest Plan Survey and15

Manage Mitigation Measure Standard and Guidelines16

shall not apply to any17

(1) Dry Forestry Emphasis Area; or18

(2) Moist Forestry Emphasis Area.19

(d) PUBLIC DOMAIN AND ACQUIRED LAND, COOS20

BAYWAGON ROAD LANDS, AND LAND MANAGEMENT RA-21

TIONALIZATION LANDS.Any Federal public land gen-22

erally depicted as covered lands on the map entitled O23

& C Land Grant Act of 2014 and dated November 3,24

2014, that is not designated as Oregon and California25


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Railroad grant lands under the Act of August 28, 19371

(43 U.S.C. 1181a et seq.), as of the date of enactment2

of the Oregon and California Land Grant Act of 20143

shall be designated as Oregon and California Railroad4

grant lands and managed as covered land under this Act.5

(e) RESTRICTIONS REGARDING LATE SUCCES-6

SIONAL OLD GROWTH FOREST AND LEGACY TREES.7

(1) IN GENERAL.The Secretary may not cut8

or remove late successional old-growth forests within9

any land designated under section 4(a)(3)(A) and10

(B), section 8, within the Late Successional Old11

Growth Heritage Forest Reserve or section 10 of12

this Act, allowing action13

(A) for public safety purposes; or14

(B) to fulfill existing obligations pursuant15

to agreements affecting adjacent private lands.16

(2) FOREST MANAGEMENT OF LEGACY 17

TREES.18

(A) IN MOIST FORESTS.(i) Legacy trees19

shall not be cut in areas designated under sec-20

tion 4(a)(3)(A) and (B), allowing action for21

(I) safety purposes; or22

(II) tree tipping and felling activi-23

ties.24


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(ii) When legacy trees are located within1

a Moist Forest Emphasis Area the Secretary2

shall, to the greatest extent practicable, protect3

legacy trees by using them to meet the reten-4

tion requirements applicable under section 8.5

(B) IN DRY FORESTS.When legacy trees6

are located within a Dry Forest Emphasis Area7

the Secretary shall where appropriate protect8

legacy trees by using trees to meet the retention9

requirements applicable under section 9.10

(f) COMPLIANCE WITH EXISTING LAWS.Nothing11

in this Act modifies any obligation12

(1) of the Secretary to prepare or implement13

a land use plan in accordance with section 202 of14

the Federal Land Policy and Management Act of15

1976 (43 U.S.C. 1712);16

(2) under the Endangered Species Act of 197317

(16 U.S.C. 1531 et seq.);18

(3) under the Federal Water Pollution Control19

Act (33 U.S.C. 1251 et seq.); or20

(4) under other law, except as expressly pro-21

vided in this Act in regard to other law.22

(g) EFFECT ON PREVIOUS DESIGNATIONS.If23

there is a conflict between any portion of this Act and24

land protection designations included in the National25


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Landscape Conservation System or boundaries for such1

designations, the more protective provision shall control.2

(h) ADJACENT PRIVATE LAND LANDOWNER AC-3

TIONS.4

(1) IN GENERAL.Without a permit from the5

Secretary, a person may enter and treat adjacent6

Federal land in a Dry or Moist Forestry Emphasis7

Area that is located within 100 feet of the residence8

of that person if9

(A) the residence is in existence on the10

date of enactment of the Oregon and California11

Land Grant Act of 2014;12

(B) the treatment is carried out at the13

expense of the person;14

(C) the person notifies the Secretary of15

the intent to treat that land; and16

(D) the Secretary has adequate super-17

visory, monitoring, and enforcement resources18

to ensure that the person carries out the treat-19

ment activities in accordance with paragraph20

(3).21

(2) NOTICE.22

(A) IN GENERAL.Not less than 30 days23

before beginning to treat land described in24

paragraph (1), the person shall notify, in writ-25


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ing, the Secretary of the intention of that per-1

son to treat that land.2

(B) ADDITIONAL NOTIFICATION.The3

person shall also notify the Secretary not less4

than 14 days before beginning the treatment.5

(C) COMMENCEMENT.On receiving a6

notification to treat land under paragraph (h),7

the Secretary, if the requirements of paragraph8

(1)(D) are satisfied, shall inform the person of9

the treatment requirements in paragraph (3).10

(3) TREATMENT.A person treating land de-11

scribed in paragraph (1) shall carry out the treat-12

ment in accordance with the following requirements:13

(A) No dead tree, nest tree, legacy tree,14

or tree greater than 16 inches in diameter shall15

be cut.16

(B) No herbicide or insecticide applica-17

tion shall be used.18

(C) Vegetation shall be cut so that19

(i) less flammable species are favored20

for retention; and21

(ii) the adequate height and spacing22

between bushes and trees are maintained.23

(D) Any residual trees shall be pruned24


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(i) to a height of the lesser of 10 feet1

or 50 percent of the crown height of the2

tree; and3

(ii) so that all parts of the tree are4

at not less than 10 feet away from the res-5

idence.6

(E) All slash created from treatment ac-7

tivities under this subparagraph shall be re-8

moved or treated not later than 60 days after9

the date on which the slash is created.10

(F) Any material of commercial value11

generated by the activity authorized in para-12

graph (1) is the property of the United States.13

(i) REDESIGNATIONS OF MOIST FORESTRY EMPHA-14

SIS AREA AND DRY FORESTRY EMPHASIS AREA15

LANDS.16

(1) AUTHORIZATION TO REDESIGNATE.17

(A) EVALUATION REQUIRED.Not later18

than 5 years after the date of enactment of the19

Oregon and California Land Grant Act of 201420

and every 5 years thereafter, the Secretary21

(i) shall evaluate the initial assign-22

ments of Dry Forest and Moist Forest23

on the map entitled O&C Land Grant Act24


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END14483 S.L.C.

of 2014: Moist Forest and Dry Forest and1

dated November 3, 2014, and2

(ii) may, as the Secretary determines3

to be necessary and in accordance with the4

criteria described in paragraph (2)5

(I) redesignate Moist Forestry6

Emphasis Area land as Dry Forestry7

Emphasis Area land; and8

(II) redesignate Dry Forestry9

Emphasis Area land as Moist For-10

estry Emphasis Area land.11

(B) FIELD EXAMINATION.In addition to12

adjustments authorized under subparagraph13

(A), the Secretary may adjust dry and moist14

forest assignments in specific locations within a15

vegetation management project based on an on-16

the-ground field examination by the Secretary.17

(2) CRITERIA.18

(A) IN GENERAL.In redesignating land19

as Moist Forestry Emphasis Area or Dry For-20

estry Emphasis Area, the Secretary shall use21

the criteria described in this paragraph.22

(B) MOIST FORESTRY EMPHASIS AREA.23

For purposes of this subsection, land in the24

Moist Forestry Emphasis Area generally25


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(i)(I) would have historically experi-1

enced infrequent wildfires at intervals that2

are greater than 100 years; and3

(II) these wildfires would have in-4

cluded significant areas of partial or com-5

plete stand-replacement intensity; and6

(ii) dominated by 1 or more of the7

following plant association groups:8

(I) The Western Hemlock9

(Tsuga heterophylla) series.10

(II) The Sitka Spruce (Picea11

sitchensis) series.12

(III) The Western Red cedar13

(Thuja plicata) series.14

(IV) The Pacific Silver Fir15

(Abies amabilis) series.16

(V) The Mountain Hemlock17

(Tsuga mertensiana) series.18

(VI) The Subalpine Fir-19

Engelmann Spruce (Abies lasiocarpa-20

Picea engelmannii) series.21

(VII) The Tanoak (Lithocarpus22

densiflorus) series.23


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(VIII) The Moist Grand Fir1

(Abies grandis) plant association2

group.3

(IX) The Moist White Fir4

(Abies concolor) plant association5

group.6

(C) DRY FORESTRY EMPHASIS AREA.7

For purposes of this subsection, land in the Dry8

Forestry Emphasis Area generally9

(i)(I) would have historically experi-10

enced relatively frequent wildfires; and11

(II) these wildfires would have been12

predominantly low or mixed in severity;13

and14

(ii) dominated by 1 or more of the15

following plant association groups:16

(I) The Moist Grand Fir (Abies17

grandis) plant association group.18

(II) The Moist White Fir (Abies19

concolor) plant association group.20

(III) The Ponderosa Pine21

(Pinus ponderosa) series.22

(IV) The Oregon White Oak23

(Quercus garryana) series.24


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(V) The Douglas-fir1

(Pseudotsuga menziesii) series.2

(VI) The Jeffrey Pine (Pinus3

jeffreyi) series.4

(VII) The Dry Grand Fir5

(Abies grandis) plant association6

group.7

(VIII) The Dry White Fir8

(Abies concolor) plant association9

group.10

(D) MIXED FORESTS.11

(i) IN GENERAL.For purposes of12

this subsection, the Secretary may consider13

land that contains a Moist Grand Fir or a14

Moist White Fir plant association group as15

Moist Forestry Emphasis Area or Dry16

Forestry Emphasis Area based on the con-17

dition of the land, landscape context, or18

management goals.19

(ii) MIXED FORESTS.For land that20

meets criteria under both subparagraph21

(B) and (C), the Secretary may choose to22

categorize the land as either Moist For-23

estry Emphasis Area or Dry Forestry Em-24


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phasis Area to align with the designations1

of adjacent covered land.2

(3) PUBLIC COMMENT.In carrying out sub-3

section (i)(1)(A), the Secretary shall provide the4

public a period of not less than 60 days to comment5

on a proposed redesignation of land.6

(j) EXISTING RIGHTS.Notwithstanding any other7

section of this Act, nothing in this Act8

(1) affects any private ownership or rights, in-9

cluding rights-of-way and reciprocal rights-of-way10

agreements, tail hold agreements, permits, easement11

obligations, and tribal treaty rights; or12

(2) affects the ability or process under which13

the Secretary can grant new permissions or termi-14

nates any valid existing lease, permit, patent, agree-15

ment, or other right of authorization, including new16

permissions for an existing lease, permit, patent,17

agreement, or other right of authorization for forest18

management activities, upon enactment of the Or-19

egon and California Land Grant Act of 2014.20

(k) JURISDICTION.Nothing in this Act affects the21

jurisdiction of the State of Oregon with respect to the22

management of fish and wildlife on public land in the23

State.24

(l) PESTICIDE USE AND FIRE PROTECTION.25


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(1) Pesticides may be used within the covered1

land, if the use2

(A) is limited to plants listed by the Or-3

egon Department of Agriculture as invasive4

plants;5

(B) is part of an integrated pest manage-6

ment plan; and7

(C) is restricted to the use of various8

ground-based systems that are designed to tar-9

get only invasive plants.10

(2) The Secretary and the State of Oregon11

shall develop an agreement to provide fire protection12

on the covered lands, renegotiable every 5 years13

after the date of enactment to reassess fire protec-14

tion needs.15

(m) SPECIAL MANAGEMENT AND RESEARCH16

AREAS.17

(1) IN GENERAL.The Secretary shall des-18

ignate 50,000 acres across 2 to 5 sites in the cov-19

ered land to include moist forests and dry forests, as20

generally depicted on the map entitled O&C Land21

Grant Act of 2014: Moist Forest and Dry Forest22

and dated November 3, 2014, to be managed by the23

Secretary in consultation and coordination with Or-24

egon State University as agreed to through a memo-25


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randum of understanding as special management1

and research areas in accordance with the criteria2

described in paragraph (2).3

(2) CRITERIA.In designating land as special4

management and research areas under paragraph5

(1), the Secretary shall designate6

(A) land that is designated as Forestry7

Emphasis Areas on the map described in para-8

graphs (12) and (17) of section 2;9

(B) land, to the maximum extent prac-10

ticable, contiguous to other land designated11

under paragraph (1);12

(C) land within close proximity of other13

land designated under paragraph (1);14

(D) land located within 150 miles of the15

main campus of Oregon State University in16

Corvallis, Oregon; and17

(E) land selected in consultation with Or-18

egon State University.19

(3) AUTHORIZED PROJECTS.Land des-20

ignated under paragraph (1) shall be used by insti-21

tutions of higher education, primarily in the State of22

Oregon, for the conduct of research projects and23

demonstration projects that address24


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(A) increasing social awareness and1

knowledge of the environmental, social, and eco-2

nomic impacts on the implementation of eco-3

logical forestry on public land;4

(B) improving the health of rural commu-5

nities and citizens;6

(C) reducing uncharacteristic fires and7

the degradation of ecosystem health;8

(D) increasing conservation with a land-9

scape approach;10

(E) relative to the retention requirements11

at variable retention harvest, half of the Moist12

Forestry Emphasis Area will be managed under13

section 8(b)(4)(E) and half will be managed as14

under section 8(b)(2)(c); and15

(F) understanding and conducting re-16

search on riparian reserve approaches author-17

ized under this Act.18

(4) MONITORING.Work performed on land19

designated under paragraph (1) shall include pre20

and post-treatment monitoring on the land.21

(5) INSTITUTIONS OF HIGHER EDUCATION.22

At least 10 percent of the authorized projects con-23

ducted annually under this subsection shall be con-24


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ducted by an institution of higher education other1

than Oregon State University.2

(6) MINIMUM ACREAGE.3

(A) IN GENERAL.At least 3,750 acres4

of the land designated under paragraph (1)5

shall be treated during each 5-year period.6

(B) FAILURE TO TREAT.If the min-7

imum acreage under subparagraph (A) is not8

treated for 2 5-year periods during a 20-year9

period, management of the land designated10

under paragraph (1) shall revert to manage-11

ment by the Secretary.12

(7) REVIEW.The Secretary shall13

(A) review and decide whether to permit14

each proposed treatment to be conducted as15

part of an authorized project under this sub-16

section; and17

(B) review for adequacy the documenta-18

tion required to be prepared for each treatment.19

(8) CALCULATION.The Secretary shall esti-20

mate21

(A) the quantity of timber that can be22

produced in the sustained yield base from the23

Moist Forestry Emphasis Area, not including24

riparian reserves established under section 4,25


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late successional old-growth forest reserves and1

other reserves; and2

(B) the quantity of timber-by-product3

from the Moist Forestry Emphasis Area, in-4

cluding riparian reserves established under sec-5

tion 4, and the portions of the Dry Forest Em-6

phasis Area covered by this section.7

(n) TRANSITION.8

(1) IN GENERAL.During the period begin-9

ning on the date of enactment of the Oregon and10

California Land Grant Act of 2014 and ending 9011

days after the date on which the record of decision12

is completed under section 6, a transition period13

shall be in effect in accordance with this section.14

(2) MANAGEMENT.15

(A) EXISTING CONTRACTS.Any timber16

sale or agreement to perform work on covered17

land that was entered into by the Secretary be-18

fore the date of enactment of the Oregon and19

California Land Grant Act of 2014 shall remain20

binding and effective according to the terms of21

the contract.22

(B) PENDING TIMBER SALES.Timber23

sales for which review under the National Envi-24

ronmental Policy Act of 1969 (42 U.S.C. 432125


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et seq.) has been completed or will be completed1

not later than 90 days following the date of en-2

actment of the Oregon and California Land3

Grant Act of 2014 shall continue as planned.4

(C) INTERIM PROJECTS.The Secretary5

may conduct vegetation management projects6

on the covered land during the transition period7

on the conditions that the vegetation manage-8

ment projects9

(i) comply with the designations and10

requirements of this Act; and11

(ii) are reviewed pursuant to the Na-12

tional Environmental Policy Act of 196913

(42 U.S.C. 4321 et seq.), outside of the14

process described in section 7.15

(D) ADMINISTRATION.The Secretary16

shall seek to make such accommodations as are17

necessary to avoid interfering with the perform-18

ance of a timber sale or work agreement de-19

scribed in paragraph (1) or (2).20

(3) SPECIAL ADMINISTRATIVE REVIEW PROC-21

ESS.The procedures established under section 10522

of the Healthy Forests Restoration Act of 2003 (1623

U.S.C. 6515) shall be the only process to adminis-24


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tratively challenge projects during the transition pe-1

riod.2

SEC. 4. AQUATIC AND RIPARIAN PROTECTION.3

(a) AQUATIC CONSERVATION STRATEGY.4

(1) IN GENERAL.The Secretary shall carry5

out the Aquatic Conservation Strategy incorporated6

in its entirety by reference for covered lands as set7

forth in the Northwest Forest Plan 1994 Record of8

Decision for Amendments to Forest Service and Bu-9

reau of Land Management Planning Documents10

Within the Range of the Northern Spotted Owl,11

(hereinafter NWFP and its Standards and Guide-12

lines in Attachment A to the 1994 Record of Deci-13

sion (hereinafter referred to as Aquatic Conserva-14

tion Strategy) , and as modified herein.15

(2) PROGRAM COMPONENTS MODIFIED.In16

addition to those program components contained in17

the Aquatic Conservation Strategy of the NWFP,18

the aquatic conservation strategy under paragraph19

(1) shall also incorporate provisions for watershed20

analysis in accordance with paragraph (2)(A), and21

riparian reserve establishment and management22

within the Moist Forestry Emphasis Area or Dry23

Forestry Emphasis Area but that are not within24

Source Water Emphasis Areas or within Key Water-25


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sheds designated in the Aquatic Conservation Strat-1

egy in accordance with paragraph (3).2

(A) WATERSHED ANALYSIS.3

(i) The Secretary shall develop ap-4

propriate management actions for a water-5

shed, including adjustment of riparian re-6

serve widths under subsection (b)(3)(A)(ii);7

and8

(ii) Within 90 days and via a con-9

tractor if necessary, determine the ecologi-10

cal importance of streams in the covered11

area using the following criteria:12

(I) The importance of the13

streams to salmonid and other native14

aquatic species.15

(II) The potential impacts of16

thermal loading.17

(III) The presence of areas of18

high erosion potential.19

(IV) The potential for the deliv-20

ery and deposition of sediment and21

wood from upslope sources.22

(B) VEGETATION MANAGEMENT.Vege-23

tative management projects undertaken in ri-24

parian reserves or vegetative management25


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projects or harvest undertaken in the outer ri-1

parian zone shall not cut or harvest trees in the2

90 year age class or above.3

(3) ESTABLISHMENT AND ACTIVITIES WITHIN4

ONE SITE-POTENTIAL TREE HEIGHT OF STREAMS5

WITHIN FOREST EMPHASIS AREAS AS VARIATIONS6

ON SECTION 4(A).7

(A) RIPARIAN RESERVE.8

(i) IN GENERAL.The Secretary9

shall establish within Forestry Emphasis10

Areas described in paragraph (2)(A) ripar-11

ian reserves in accordance with clause (ii).12

(ii) WIDTHS.The widths of a ripar-13

ian reserve established under clause (i)14

shall be as follows:15

(I) 1 site-potential tree or 150-16

feet slope distance, whichever is great-17

er, from a fish-bearing stream of18

great ecological importance, as deter-19

mined by the Secretary.20

(II) 1 site-potential tree or 150-21

feet slope distance, whichever is great-22

er, from a nonfish-bearing stream of23

great ecological importance, as deter-24

mined by the Secretary25


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(III) 100-feet slope distance1

from a fish-bearing stream that is not2

a stream described in subclauses (I)3

and (II).4

(IV) 50-feet slope distance from5

a nonfish-bearing stream that is not a6

stream described in subclauses (I) and7

(II).8

(iii) FOREST MANAGEMENT ACTIVI-9

TIES.The ecological forestry practices es-10

tablished in sections 8,and 9 of this Act11

shall apply the riparian reserves estab-12

lished in clause (ii) and the riparian man-13

agement of section 4 of this Act.14

(B) OUTER RIPARIAN ZONES.15

(i) ESTABLISHMENT AND MANAGE-16

MENT OF THE OUTER RIPARIAN ZONE.17

(I) IN GENERAL.The outer ri-18

parian zone is the area between the ri-19

parian reserve established in clause20

(A)(ii) and one site-potential tree21

height.22

(II) MANAGEMENT.The Sec-23

retary may carry out harvest in areas24

in the outer riparian zones using the25


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END14483 S.L.C.

standards for ecological forestry in1

Forestry Emphasis Areas subject to2

section 4(a)(3)(D) and other relevant3

provisions of this Act.4

(C) TREE-TIPPING AND TREE FELLING5

ACTIVITIES.When harvesting timber within6

the outer riparian zone, the Secretary shall em-7

ploy tree tipping and tree felling activities dur-8

ing the harvest to maintain wood recruitment to9

adjacent streams.10

(D) TREE RETENTION LEVELS IN AQUAT-11

IC AREAS.Not later than 60 days after the12


Land Grant Act of 2014, the Secretary, in con-14

sultation with the Director of the United States15

Fish and Wildlife Service, the Administrator of16

the National Oceanic and Atmospheric Admin-17

istration, the Director of the United States Ge-18

ological Survey and the Administrator of the19

Environmental Protection Agency, shall estab-20

lish minimum live and dead tree retention levels21

for thinning and other vegetation management22

projects consistent with the goals identified in23

subsection (a)(1).24


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END14483 S.L.C.

(4) MANAGEMENT ACTIVITIES FOR CONSERVA-1

TION AREA RIPARIAN RESERVES, KEY WATERSHEDS2

& SOURCE WATER EMPHASIS AREAS.Riparian re-3

serves and reserve widths within the Conservation4

Emphasis Areas, source water emphasis areas, and5

Key Watersheds shall be managed to carry out the6

Aquatic Conservation Strategy as set forth in sub-7

section (a)(1) without modifications set forth in sub-8

section (a)(2).9

(5) ADJUSTMENT OF RIPARIAN RESERVE10

WIDTHS AND MANAGEMENT.11

(A) IN GENERAL.Not earlier than 512

years after the date of enactment of the Oregon13

and California Land Grant Act of 2014, and14

not more frequently than once each 5 years15

thereafter, the Secretary may adjust the ripar-16

ian reserve widths established under paragraph17

(1), as well as the size of designated key water-18

sheds, subject to the advice of the scientific19

committee established under subparagraph (B).20

(B) SCIENTIFIC COMMITTEE.21

(i) ESTABLISHMENT.The Secretary22

shall establish a scientific committee made23

up of scientific and land management ex-24

pertise to determine whether the riparian25


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reserve widths and management should be1

adjusted to better attain the goals and ob-2

jectives of the Aquatic Conservation Strat-3

egy.4

(ii) OUTSIDE MEMBERSHIP.In ad-5

dition to not more than 6 representatives6

of the Federal Government (including 17

representative of each of the Bureau of8

Land Management, the National Oceanic9

and Atmospheric Administration, the10

United States Geological Survey, the Envi-11

ronmental Protection Agency, the United12

States Forest Service, and the United13

States Fish and Wildlife Service), the sci-14

entific committee shall include 6 individ-15

uals, to be appointed by the Secretary,16

who17

(I) are not full-time employees18

of the Federal Government; and19

(II) have expertise relating to20

aquatic and riparian ecosystems, as21

demonstrated by22

(aa) an advanced degree in23

a related field; and24


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END14483 S.L.C.

(bb) subsequent relevant1

work experience.2

(iii) DUTIES.The scientific com-3

mittee shall make recommendations re-4

garding whether the riparian reserve5

widths and management should be ad-6

justed on individual bodies of water, and7

submit said recommendations to the Sec-8

retary in a report, taking into consider-9

ation10

(I) the criteria listed in section11

4(a)(2)(B)(ii);12

(II) additional criteria deemed13

appropriate;14

(III) new scientific information15

and understanding; and16

(IV) the need to manage cov-17

ered lands per section 3(b).18

(iv) PUBLIC REVIEW & COMMENT.19

On receipt of the report under clause (iii),20

the Secretary shall21

(I) make the report available to22

the public; and23

(II) provide a period of not less24

than 60 days for public comment re-25


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END14483 S.L.C.

garding the recommendations con-1

tained in the report.2

(v) DECISION TO ADJUST.After3

taking into consideration the report under4

clause (iii) and any public comments re-5

ceived under clause (iv)(II), the Secretary6

may adjust the riparian reserve width7

(I) taking into consideration the8

recommendations included in the re-9

port, and the public comments; and10

(II) if the Secretary determines11

that the adjustment meet the aquatic12

goals established in the Aquatic Con-13

servation Strategy under paragraph14

(a)(1) and would be in the public in-15

terest.16

(b) ROADS.17

(1) IN GENERAL.Except as provided in sec-18

tions 3(e) and 3(j) of this Act, and paragraph (2)19

of this subsection, the Secretary shall not construct20

a road inside a riparian reserve.21

(2) EXCEPTIONS.22

(A) TEMPORARY ROADS.The Secretary23

may construct a temporary road to enter a ri-24

parian reserve, including crossing a stream25


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END14483 S.L.C.

where necessary, to complete a vegetation man-1

agement project, if2

(i) there is no existing road system3

that can be used;4

(ii) it is not possible to construct a5

road outside of the riparian reserve;6

(iii) the temporary road is decommis-7

sioned no more than 2 years after it is8

constructed or and the project for which it9

was constructed is completed, whichever10

comes first; and11

(iv) any significant potential adverse12

impacts from the construction of any tem-13

porary road do not persist more than 114

year after the temporary road is decommis-15

sioned.16

(B) PERMANENT ROADS.The Secretary17

may realign an existing road permanently inside18

a riparian reserve, including the replacement of19

stream crossings, if the Secretary determines20

that the realignment will maintain, restore, or21

improve aquatic or riparian ecosystems and22

water quality.23

(c) STREAM IMPROVEMENTWORK.24


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(1) IN GENERAL.The Secretary may conduct1

certain activities on the covered land in accordance2

with this subsection.3

(2) PERMITTED ACTIVITIES.4

(A) TREE TIPPING AND FELLING ACTIVI-5

TIES.During a vegetation management6

project, the Secretary may carry out tree tip-7

ping and tree felling activities within the ripar-8

ian reserves in Dry Forestry Emphasis Areas or9

Moist Forestry Emphasis Areas as the Sec-10

retary determines necessary to improve habitat11

for aquatic species.12

(B) WOODY DEBRIS AUGMENTATION.13

The Secretary shall annually, subject to appro-14

priations, use not less than $1,000,000, indexed15

for inflation, of amounts made available under16

section 12(c) to transport and place large trees17

in streams on Federal, State, or private land to18

improve fish habitat.19

(C) NATIVE VEGETATION.Within ripar-20

ian reserves, the Secretary may only plant vege-21

tation that is native to the site.22

(D) CULVERT REPLACEMENT.The Sec-23

retary may replace a culvert that impedes the24


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END14483 S.L.C.

passage of fish or is unable to withstand a 100-1

year flood event.2

(3) ACTIVITIES CATEGORICALLY EXCLUDED3

FROM REVIEW.Except as provided in paragraph4

(4), each activity described in paragraph (2) shall5

be6

(A) considered an action categorically ex-7

cluded from review under the National Environ-8

mental Policy Act of 1969 (42 U.S.C. 4321 et9

seq.) or section 1508.4 of title 40, Code of Fed-10

eral Regulations (or a successor regulation);11

and12

(B) exempt from administrative review.13

(4) EXCLUSION OF CERTAIN AREAS.Para-14

graph (3) does not apply to any activity located in15

(A) a component of the National Wilder-16

ness Preservation System;17

(B) a component of the National Wild18

and Scenic Rivers System;19

(C) lands with wilderness characteristics20

as defined in the Bureau of Land Management21

Manual provisions 6310 and 6320; or22

(D) a Conservation Emphasis Area estab-23

lished by section 10 if the activity would be in-24


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consistent with the purposes and values for1

which the area was established.2

SEC. 5. NOTICE OF INTENT.3

(a) IN GENERAL.Not later than 30 days after the4

date of enactment of the Oregon and California Land5

Grant Act of 2014, and every 5 years thereafter the Sec-6

retary shall publish in the Federal Register a notice of7

intent to prepare8

(1) the landscape prioritization plan; and9

(2) the draft comprehensive environmental im-10

pact statements required under section 6(g)(2).11

(b) PUBLIC COMMENT.During the 45-day period12

beginning on the date of publication of the notice of intent13

under subsection (a), the Secretary shall solicit public14

comments regarding15

(1) the scope and content of the documents16

described in subsection (a); and17

(2) the impacts that the Secretary should ana-18

lyze regarding the alternatives in the draft com-19

prehensive environmental impact statements de-20

scribed in subsection (a)(2).21

(c) COORDINATION WITH PREPARATION OF LAND22

USE PLANS.The Secretary shall include the notice of23

intent in the development or revision of a land use plan24

required under section 202 of the Federal Land Policy and25


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Management Act of 1976 (43 U.S.C. 1712) for the cov-1

ered land or shall amend the land use plan required under2

section 202 of the Federal Land Policy and Management3

Act of 1976 (43 U.S.C. 1712) for the covered land.4

(d) INITIATION OF EARLY PLANNING AND CON-5

SULTATION AGREEMENT.Not later than 30 days after6

the date on which a notice of intent is published under7

subsection (a), the Secretary of the Interior, the Secretary8

of Commerce, and the Administrator of the U.S. Environ-9

mental Protection Agency shall10

(1) enter into an early planning and consulta-11

tion agreement, including timelines, regarding the12

development of information, data and/or documents13

required to carry out this Act with14

(A) the United States Fish and Wildlife15

Service;16

(B) the National Oceanic and Atmos-17

pheric Administration;18

(C) the Environmental Protection Agen-19

cy; and20

(D) the U.S. Geological Survey; and21

(2) invite to serve as cooperating agencies or22

to provide comments regarding the notice of in-23

tent24

(A) the State of Oregon;25


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END14483 S.L.C.

(B) Federally recognized Indian tribes1

with ancestral land or officially ceded lands in2

the covered land ; and3

(C) affected units of local government.4

SEC. 6. LANDSCAPE PRIORITIZATION PLANS.5

(a) IN GENERAL.Not later than 270 days after6

the date of enactment of the Oregon and California Land7

Grant Act of 2014, and every 5 years thereafter the Sec-8

retary, shall develop and make available to the public a9

landscape prioritization plan, which shall prioritize vegeta-10

tion management projects and describe activities to be per-11

formed and areas to be established to satisfy landscape-12

related needs in the covered land13

(1) as a part of the development or revision of14

a land use plan required under section 202 of the15

Federal Land Policy and Management Act of 197616

(43 U.S.C. 1712) for the covered land; and17

(2) implement the landscape prioritization18

plan required in this section through the comprehen-19

sive environmental impact statements regardless of20

whether a revision of that land use plan has been21

completed.22

(b) COORDINATION.The Secretary shall develop23

the landscape prioritization plan under this section under24

the agreement entered into under section 5(d) in coordina-25


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END14483 S.L.C.

tion with the Director of the United States Fish and Wild-1

life Service and the Administrator of the National Oceanic2

and Atmospheric Administration to ensure that the land-3

scape prioritization plan complies with the Endangered4

Species Act of 1973 (16 U.S.C. 1531 et seq.) and in co-5

ordination with the State of Oregon to ensure compliance6

with water quality standards adopted under the Federal7

Water Pollution Control Act (33 U.S.C. 1251 et seq.).8

(c) COMPONENTS.9

(1) PROJECTS IN MOIST FORESTRY EMPHASIS10

AREA.11

(A) IN GENERAL.Subject to subpara-12

graph (B), the Secretary shall identify the loca-13

tions of the vegetation management projects14

that the Secretary proposes to conduct in the15

Moist Forestry Emphasis Area for the length of16

each Landscape Prioritization Plan.17

(B) REQUIREMENTS.18

(i) IN GENERAL.For each consecu-19

tive 5-year period during the period de-20

scribed in subparagraph (A), the Secretary21

shall plan to conduct22

(I) variable retention harvest23

consistent with this Act across stands24

that comprise 4 to 6 percent of the25


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END14483 S.L.C.

Moist Forestry Emphasis Area, sub-1

ject to clause (ii); and2

(II) thinning activities con-3

sistent with this Act across stands in4

Moist Forest Emphasis Area5

(ii) VEGETATION MANAGEMENT6

PROJECTS.The locations of the proposed7

vegetation management projects under8

clause (i)(I) shall be distributed across the9

Bureau of Land Management districts, to10

the extent practicable.11

(2) PROJECTS IN DRY FORESTRY EMPHASIS12

AREA.The Secretary shall identify the locations of13

the vegetation management projects consistent with14

ecological forestry principles the Secretary proposes15

to conduct in the Dry Forestry Emphasis Area for16

each consecutive length of the Landscape17

Prioritization Plan beginning on the date of enact-18

ment of the Oregon and California Land Grant Act19

of 2014.20

(3) PROJECTS IN CONSERVATION EMPHASIS21

AREA.The Secretary shall identify the locations of22

vegetation management projects, including habitat23

protection or restoration projects, the Secretary pro-24

poses to conduct in the Conservation Emphasis Area25


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END14483 S.L.C.

consistent with section 10 for the length of each1

Landscape Prioritization Plan beginning on the date2

of enactment of the Oregon and California Land3

Grant Act of 2014.4

(4) SPECIFIC INFORMATION FOR PROJECTS.5

(A) IN GENERAL.For each vegetation6

management project proposed by the Secretary,7

the Landscape Prioritization Plan shall include8

an identification of9

(i) the location of forest stands to be10

treated;11

(ii) the approximate size and timing12

of the treatment in those stands;13

(iii) the specific vegetation treatment14

recommended for each forest stand; and15

(iv) the goals and objectives for any16

habitat protection or restoration projects.17

(B) ONSITE REVIEWS.In addition to18

identifying forest stands under subparagraph19

(A), the Secretary shall conduct onsite reviews20

to verify, at a minimum21

(i) riparian and aquatic parameters22

and assessments;23

(ii) any streams or aquatic resources24

within the specific stands;25


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END14483 S.L.C.

(iii) water quality;1

(iv) the presence of sensitive or spe-2

cial status species and habitats;3

(v) road conditions and information;4

and5

(vi) forest stand boundaries.6

(d) PUBLIC COMMENT.The Secretary shall solicit7

public comments regarding the landscape prioritization8

plan for a period of not less than 60 days after the date9

on which the Secretary makes the landscape prioritization10

plan available to the public.11

(e) REVISED PLAN.The Secretary shall revise the12

Landscape Prioritization Plan as the Secretary considers13

to be necessary, based on public comments received under14

subsection (d).15

(f) MONITORING AND LONG-TERM EVALUATION.16

(1) IN GENERAL.Each Landscape17

Prioritization Plan implementation shall be mon-18

itored annually, and evaluated every 5 years as a19

part of the development or revision of a resource20

management plan required under section 202 of the21

Federal Land Policy and Management Act of 197622

(43 U.S.C.1712) for the covered land, with oppor-23

tunity for public comment prior to finalizing the24

monitoring assessments.25


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END14483 S.L.C.

(2) COMPONENTS OF THE MONITORING AS-1

SESSMENT.In preparing the monitoring assess-2

ment, the Secretary shall include assessments and3

reports on4

(A) changes in the volume and quality of5

timber sold;6

(B) changes in water quality;7

(C) changes in recreation;8

(D) the effectiveness of fish and wildlife9

protections;10

(E) the effectiveness of measures to pre-11

vent uncharacteristic wildfire; and12

(F) changes in forest health and fish and13

wildlife habitat.14

(3) COMPONENTS OF LANDSCAPE15

PRIORITIZATION PLAN TO BE MONITORED AND16

EVALUATED.Each Landscape Prioritization Plan17

shall include for monitoring and evaluation a de-18

scription of the Moist Forest Emphasis Areas and19

Dry Forest Emphasis Areas20

(A) for Moist Forestry Emphasis Areas21

(i) landscape-level plans depicting22

areas of the moist forest landscape that23

would result in a distribution of variable24

retention regeneration harvests to ensure25


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END14483 S.L.C.

the desired placement and the appropriate1

scale of vegetation management projects;2

and3

(ii) areas that will accelerate the de-4

velopment of complex forest structure, in-5

cluding opportunities to create spatial het-6

erogeneity (such as creating skips and7

gaps), in a young stand that has a canopy8

that has closed and been simplified9

through past forest management;10

(B) for Dry Forestry Emphasis Areas11

(i) a landscape-level plan depicting12

areas of dry forest landscape that will be13

left over the length of the Landscape14

Prioritization Plan in a denser condition15

beginning on the date of enactment of the16

Oregon and California Land Grant Act of17

2014; and18

(ii) areas that will minimize and re-19

duce the risk of uncharacteristic fire and20

insect events, and improve fire resiliency21

particularly if critical components and val-22

ues are at risk, including23

(I) communities in the wildland-24

urban interface (as defined in section25


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END14483 S.L.C.

101 of the Healthy Forests Restora-1

tion Act of 2003 (16 U.S.C. 6511));2

and3

(II) valuable forest structures,4

such as legacy trees and oak savannas5

that are in need of restoration or in6

danger from a potential fire risk;7

(C) for Conservation Emphasis Areas the8

Secretary shall describe and evaluate the land-9

scape-level plan depicting areas of the Con-10

servation Emphasis Areas that will be left in a11

more natural condition over the length of the12

Landscape Prioritization Plan beginning on the13


Land Grant Act of 2014.15

(g) ANNUAL MONITORING.The Secretary shall an-16

nually use not less than $1,000,000, adjusted for inflation,17

of the amounts made available under section 13(c) to mon-18

itor short-term and long-term changes in forest health,19

water quality, and fish and wildlife habitat.20

(h) ENVIRONMENTAL COMPLIANCE.21

(1) IN GENERAL.The Secretary shall imple-22

ment the Landscape Prioritization Plan , including23

priorities and vegetation management projects iden-24

tified in a landscape prioritization plan under section25


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6(a), in accordance with the National Environmental1

Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the2

requirements of this section.3

(2) DRAFT COMPREHENSIVE ENVIRONMENTAL4

IMPACT STATEMENTS.Not later than 18 months5

after the date of enactment of the Oregon and Cali-6

fornia Land Grant Act of 2014, and every 5 years7

thereafter the Secretary shall publish notice in the8

Federal Register of the availability for public review9

of 2 draft comprehensive environmental impact10

statements for the vegetation management projects11

proposed to be carried out during the 5- year period,12

of which13

(A) one shall cover the Moist Forestry14

Emphasis Area and, of the Conservation Em-15

phasis Areas designated under section 1016

(i) the Conservation Network that is17

predominantly moist forest;18

(ii) the Late Successional Old-19

Growth Forest Heritage Reserves;20

(iii) the Drinking Water Special21

Management Units;22

(iv) the Molalla National Recreation23

Area;24


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(v) the Crabtree Valley Primitive1

Backcountry Area;2

(vi) the Brummit Fir Primitive3

Backcountry Area;4

(vii) the Kilchis Salmon Emphasis5

Area; and6

(viii) the Protected Environmental7

Zones that are predominantly moist forest;8

and9

(B) one shall cover the Dry Forestry Em-10

phasis Area and, of the Conservation Emphasis11

Areas designated under section 1012

(i) the Conservation Network that is13

predominantly dry forest;14

(ii) the Rogue Canyon National15

Recreation Area;16

(iii) the Illinois Valley Salmon and17

Botanical Area;18

(iv) the Grizzly Peak Primitive19

Backcountry Area;20

(v) the Dakubetede Primitive21

Backcountry Area;22

(vi) the Wellington Wildlands Primi-23

tive Backcountry Area;24


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(vii) the Mungers Butte Primitive1

Backcountry Area;2

(viii) the Pacific Crest Trail Cor-3

ridor;4

(ix) the Applegate Primitive5

Backcountry Area; and6

(x) the Protected Environment Zones7

that are predominantly dry forest.8

(3) ALTERNATIVES.Each draft comprehen-9

sive environmental impact statement under this sub-10

section shall analyze different locations for the rel-11

evant vegetation management projects under12

(A) the no-action alternative; and13

(B) three other alternatives that are con-14

sistent with this Act.15

(4) INTERAGENCY COORDINATION AND CO-16

OPERATION.The Secretary shall require the Direc-17

tors of the U.S. Bureau of Land Management and18

the U.S. Fish and Wildlife Service to coordinate and19

cooperate between their agencies, and shall coordi-20

nate and cooperate with the Secretary of Commerce21

in developing each draft comprehensive impact state-22

ment under this subsection to ensure compliance23

with the Endangered Species Act of 1973 (1624

U.S.C.1531 et seq.).25


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(5) PUBLIC COMMENT.The Secretary shall1

solicit public comment regarding the draft com-2

prehensive environmental impact statements under3

subsection (b) during the 60-day period beginning4

on the date on which the Secretary makes the draft5

comprehensive environmental impact statements6

available to the public.7

(6) FINAL COMPREHENSIVE ENVIRONMENTAL8

IMPACT STATEMENTS.Not later than 27 months9

after the date of enactment of the Oregon and Cali-10

fornia Land Grant Act of 2014, and 9 months after11

publication of subsequent draft comprehensive envi-12

ronmental impact statements the Secretary13

(A) shall prepare 2 final comprehensive14

environmental impact statements for the vege-15

tation management projects that have been16

identified in the draft comprehensive environ-17

mental impact statements in paragraph (2);18

(B) shall publish in the Federal Register19

a notice of availability for public review of the20

final comprehensive environmental impact state-21

ments; and22

(C) may publish the final comprehensive23

environmental impact statements in conjunction24

with the environmental impact assessments re-25


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lating to the land use plan developed by the Bu-1

reau of Land Management for the covered land.2

(7) RECORDS OF DECISION.Except as pro-3

vided in section 7(a), not later than 60 days after4

the date on which a notice of availability of the final5

comprehensive environmental impact statements is6

published in the Federal Register, the Secretary7

shall issue a record of decision relating to the vege-8

tation management projects analyzed in the final9

comprehensive environmental impact statements.10

SEC. 7. OBJECTIONS; O&C ADMINISTRATIVE REVIEW11

PROCESS; JUDICIAL REVIEW.12

(a) O&C ADMINISTRATIVE REVIEW PROCESS.13

(1) IN GENERAL.During the 60-day period14

described in section 6(h)(7), an eligible person may15

file an objection to the final comprehensive environ-16

mental impact statement, or during the first 15 days17

of the 90-day period described in section 7(b) an eli-18

gible person may protest a proposed vegetation man-19

agement project. This objection or protest must be20

used in lieu of any other appeal that may be avail-21

able. A protest will be considered and treated as an22

objection in this subsection.23

(2) ELIGIBILITY.To be eligible to file an ob-24

jection to the final environmental impact statement25


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or a protest for a proposed vegetation management1

project under paragraph (1), a person shall have2

submitted to the Secretary during the 60-day period3

described in section 6(h)(5) written comments that4

describe the objections to the action proposed under5

the final comprehensive environmental impact state-6

ment.7

(3) ELIGIBLE PROJECT LEVEL OBJECTIONS.8

An objection to an individual vegetation manage-9

ment project may only be filed under paragraph (1)10

if the objector can show11

(A)(i) a proposed activity under the vege-12

tation management project is inconsistent with13

a record of decision; and14

(ii) the likely impacts of that activity are15

inconsistent with the impacts analyzed in the16


ment;18

(B) the vegetation management project19

violates the Endangered Species Act of 197320

(16 U.S.C. 1531 et seq.) or the Federal Water21

Pollution Control Act (33 U.S.C. 1251 et seq.);22

or23

(C)(i) Project New Information: In the24

circumstance of new information, changed cir-25


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cumstances, or changed conditions on a par-1

ticular project that may result in significant2

negative environmental impacts that were not3

encompassed in the analysis in the applicable4


ment; and6

(ii) those circumstances were not consid-7

ered in the final comprehensive environmental8

impact statement.9

(4) RESPONSE.The Secretary shall respond10

in writing to an objection filed under paragraph (1)11

not later than 30 days after the date on which the12

objection is filed.13

(5) SUPPLEMENT.In response to an objec-14

tion filed under paragraph (1), the Secretary may15

supplement the final comprehensive environmental16

impact statement or the draft Record of Decision to17

reflect the objection.18

(6) TIMING OF RECORD OF DECISION.If a19

person files an objection under section 7(a)(1) relat-20

ing to a final comprehensive environmental impact21

statement, the Secretary shall publish a record of22

decision for that final comprehensive environmental23

impact statement24


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END14483 S.L.C.

(A) immediately after the Secretary re-1

sponds to the objection; or2

(B) as soon as practicable after the date3

on which the Secretary supplements the final4

comprehensive environmental impact statement5

to reflect that objection under section 7(a)(4).6

(b) DELAY OF IMPLEMENTATION.The Secretary7

shall not offer for a bid or implementation a vegetation8

management project pending the disposition of the objec-9

tion. Not less than 90 days prior to actual commencement10

of the project, notice of a bid or implementation shall be11

published in the Federal Register and mailed electronically12

to each person that submitted comments on a comprehen-13

sive environmental impact statement and requested a14

reply.15

(c) JUDICIAL REVIEW.16

(1) IN GENERAL.A person may only chal-17

lenge a covered agency action in a United States dis-18

trict court by bringing a covered civil action.19

(2) VENUE.Venue for any covered civil ac-20

tion shall lie in the United States District Court for21

the District of Oregon or the United States District22

Court for the District of Columbia.23

(3) ADDITIONAL STANDING REQUIREMENTS24

FOR NEPA.A person shall only have standing to25


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END14483 S.L.C.

bring a covered civil action under paragraph (1) for1

claims under the National Environmental Policy Act2

of 1969 (42 U.S.C. 4321 et seq.), if that person3

filed an objection under subsection (a)(1).4

(4) ELIGIBILITY.A reviewing court under5

this subsection shall not consider any issue in a cov-6

ered civil action unless the issue has previously been7

raised, in the discretion of the court, in writing in8

the administrative review process described in sec-9

tion 7(a) or through other judicial notice provisions10

required by Federal law.11

(5) LIMITATION OF ACTIONS.A covered civil12

action shall not be maintained unless the covered13

civil action commenced not later than 75 days after14

the date on which the covered agency action to15

which the covered civil action relates is final.16

(6) EXPEDITED PROCEEDINGS.17

(A) IN GENERAL.Congress expects that18

judicial review of covered actions will be based19

on review of the administrative record prepared20

by the Secretary.21

(B) DISPOSITION.The disposition of the22

complaint, by summary judgment or any other23

mechanism, shall commence not later than 19024


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days after the date on which the covered civil1

action is commenced.2

(C) EXPEDITIOUS COMPLETION OF JUDI-3

CIAL REVIEW.Congress encourages a court of4

competent jurisdiction to expedite, to the max-5

imum extent practicable, the proceedings in a6

covered civil action with the goal of rendering7

a final determination on the merits of the cov-8

ered civil action as soon as practicable after the9

date on which a complaint or appeal is filed to10

initiate the action.11

(7) APPLICABILITY.Except as otherwise pro-12

vided in this section, judicial review of a covered13

agency action shall be conducted in accordance with14

subchapter II of chapter 5, and chapter 7, of title15

5, United States Code (commonly known as the Ad-16

ministrative Procedure Act).17

SEC. 8. MOIST FORESTRY EMPHASIS AREA.18

(a) IN GENERAL.19

(1) CONFORMITY WITH PRINCIPLE OF SUS-20

TAINED YIELD.Timber from the Moist Forestry21

Emphasis Area shall be sold, cut, and removed in22

conformity with the principle of sustained yield as23

defined by the Federal Land Policy and Manage-24


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END14483 S.L.C.

ment Act of 1976 (43 U.S.C. 1701 et seq.) and in1

accordance with the provisions of this Act.2

(2) PRODUCTION LEVELS.The Secretary3

shall maintain the highest consistent timber produc-4

tion levels that can be sustained under ecological5

forestry principles and other provisions described in6

this Act.7

(3) CALCULATION.8

(A) IN GENERAL.The Secretary shall9

calculate 10

(i) the sustained yield and identify11

the quantity of timber the Secretary can12

produce as part of the draft comprehensive13

environmental impact statement required14

under this Act for the Moist Forestry Em-15

phasis Area, not including riparian re-16

serves established under section 4; and17

(ii) the quantity of timber as a by-18

product the Secretary can produce, as part19

of the Moist Forestry Emphasis Area, in-20

cluding riparian reserves established under21

section 4, and the portions of the Con-22

servation Emphasis Area, as described in23

the draft comprehensive environmental im-24

pact statement under section 6(h)(2).25


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END14483 S.L.C.

(B) REQUIREMENTS.The Secretary1

shall2

(i) calculate the quantities under3

clauses (i) and (ii) of subparagraph (A) in4

5-year increments; and5

(ii) in calculating that quantity, clas-6

sify the volume of timber that could be of-7

fered from the various areas defined in8

subparagraph (A).9

(b) MANAGEMENT OF MOIST FORESTRY EMPHASIS10

AREA.11

(1) IN GENERAL.Moist Forestry Emphasis12

Areas shall be managed in accordance with the prin-13

ciples of ecological forestry.14

(2) ECOLOGICAL FORESTRY PRINCIPLES FOR15

MOIST FORESTRY EMPHASIS AREAS.The ecological16

forestry principles referred to in paragraph (1) re-17

late to variable retention regeneration harvests and18

include19

(A) the retention of legacy trees;20

(B) the acceleration of the development of21

structural complexity, including spatial hetero-22

geneity, through the use of diverse silvicultural23

approaches, such as variable density and clump-24

based thinning prescriptions;25


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END14483 S.L.C.

(C) the implementation of variable reten-1

tion regeneration harvesting activities that re-2

tain approximately 13 of the live basal area of3

the forest within the harvest area, primarily but4

not exclusively in aggregates, provided that5

non-fish bearing stream riparian reserves within6

the harvest unit count towards retention, but7

other reserves, including riparian reserves on8

fish bearing streams, do not count;9

(D) the development and maintenance of10

early seral ecosystems with diverse species fol-11

lowing harvesting activities through the use of12

less intense approaches to site preparation and13

tree regeneration and nurturing of diverse early14

seral ecosystems; and15

(E) the long-term establishment of a sil-16

vicultural system that includes the development17

and management of multiaged, mixed-species18

stands.19

(3) VARIABLE RETENTION REGENERATION20

HARVEST.21


designate not less than 4 percent and not great-23

er than 6 percent of the moist forests described24

in paragraph (1) as land on which the Sec-25


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END14483 S.L.C.

retary shall carry out during each 5 year period1

variable retention regeneration harvesting ac-2

tivities, consistent with3

(i) this section and other provisions4

of this Act;5

(ii) the Endangered Species Act (166

U.S.C. 1531 et seq.); and7

(iii) the environmental impact state-8

ment required under the National Environ-9

mental Policy Act of 1969 (42 U.S.C.10

4321 et seq.) as described in section 6.11

(4) NORTHWEST FOREST PLAN APPLICA-12

TION.The Secretary shall identify 50,000 acres of13

Moist Forest Emphasis Area that14

(A) have been previously subject to forest15

management;16

(B) whose trees are in the 80 year age17

class or younger;18

(C) are not within one site-potential tree19

height of any stream, or within a source water20

emphasis area or a key watershed under the21

NWFP;22

(D) are not within critical habitat; and23

(E) apply the implementation of variable24

retention regeneration harvesting activities that25


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END14483 S.L.C.

retain approximately 14 of the live basal area of1

the forest within the harvest area, provided that2

non-fish bearing stream riparian reserves within3

the harvest unit count towards retention, but4

other reserves, including riparian reserves on5

fish bearing streams, do not. In total, not less6

than 15 percent of the live basal area in the7

stand, excluding all reserves, must be retained.8

(c) ROADS.9

(1) IN GENERAL.The Secretary shall not in-10

crease the total quantity of mileage of permanent,11

system and non-system roads that are operational in12

the Moist Forestry Emphasis Area to a quantity13

greater than the quantity of mileage in existence on14

the date of enactment of the Oregon and California15

Land Grant Act of 2014, excluding roads con-16

structed pursuant to reciprocal rights of way agree-17

ments, easement obligations or other access rights of18

non-Federal parties in effect as of enactment of the19

Oregon and California Land Grant Act of 2014,20

subject to the rights of the owner of adjacent private21

land as set forth in sections 3(e) and 3(j) of this22

Act.23

(2) SYSTEM ROADS.The Secretary24


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(A) may construct new system roads out-1

side of the riparian reserves to carry out a vege-2

tation management project under this Act; and3

(B) subject to the availability of appro-4

priations and to the maximum extent prac-5

ticable, shall reduce the quantity of mileage of6

system roads by decommissioning roads, subject7

to the rights of the owner of adjacent private8

land as set forth in sections 3(e) and 3(j) of9

this Act, provided that decommissioning shall10

be done with an adjacent private landowner if11

(i) the adjacent private landowner is12

a party to a reciprocal right-of-way agree-13

ment covering an area which includes the14

road in question; or15

(ii) the decommissioning would re-16

move or increase the cost of vehicular ac-17

cess to the adjacent private lands.18

(3) NON-SYSTEM ROADS.Subject to the19

availability of appropriations, the Secretary shall an-20

nually reduce the total quantity of mileage of non-21

system roads.22

(4) TEMPORARY ROADS.If the Secretary23

constructs a temporary road as part of a vegetation24

management project, the Secretary shall close and25


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END14483 S.L.C.

decommission the temporary road not later than the1

earlier of2

(A) the date that is 2 years after the date3

on which the activity for which the temporary4

road was constructed is completed; and5

(B) the date that is 1 year after the date6

on which the vegetation management project is7

completed.8

SEC. 9. DRY FORESTRY EMPHASIS AREA.9

(a) IN GENERAL.10

(1) The Secretary shall manage the Dry For-11

estry Emphasis Area to increase the resiliency of the12

stands by reducing the risk from uncharacteristic13

wildfires, droughts, and insect or disease events14

while maintaining consistent timber production levels15

that can be sustained under ecological forestry prin-16

ciples and other provisions described in this Act.17

(2) CONFORMITY WITH PRINCIPLE OF SUS-18

TAINED YIELD.Timber from the Dry Forestry Em-19

phasis Area shall be sold, cut, and removed in con-20

formity with the principle of sustained yield as de-21

fined by the Federal Land Policy and Management22

Act of 1976 (43 U.S.C. 1701 et seq.) and in accord-23

ance with the provisions of this Act.24


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END14483 S.L.C.

(3) PRODUCTION LEVELS.The Secretary1

shall maintain the highest consistent timber produc-2

tion levels that can be sustained under ecological3

forestry principles and other provisions described in4

this Act.5

(4) CALCULATION.6


calculate8

(i) the sustained yield and identify9

the quantity of timber the Secretary can10

produce as part of the draft comprehensive11

environmental impact statement required12

under this Act for the Dry Forestry Em-13

phasis Area, not including riparian re-14

serves established under section 4; and15

(ii) the quantity of timber as a by-16

product the Secretary can produce, as part17

of the Dry Forestry Emphasis Area, in-18

cluding riparian reserves established under19

section 4, and the portions of the Con-20

servation Emphasis Area, as described in21

the draft comprehensive environmental im-22

pact statement under section 6.23

(b) REQUIREMENTS.The Secretary shall main-24

tain, restore, or improve conditions of tree density, tree25


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END14483 S.L.C.

composition, and tree size distribution that will result in1

a stand with a high level of resistance and resilience to2

uncharacteristic wildfires, droughts, and insect events.3

(c) PRIORITY.In carrying out vegetation manage-4

ment projects, the Secretary shall give priority to areas5

that contain important components, including6

(1) communities in the wildland-urban inter-7

face (as defined in section 101 of the Healthy For-8

ests Restoration Act of 2003 (16 U.S.C. 6511)); and9

(2) valuable forest structures, such as legacy10

trees and oak savannas that are in need of restora-11

tion or are in danger from uncharacteristic fire.12

(d) MANAGEMENT OF DRY FORESTRY EMPHASIS13

AREAS.14

(1) IN GENERAL.Dry Forestry Emphasis15

Areas shall be managed in accordance with ecologi-16

cal forestry principles described in paragraph (2).17

(2) ECOLOGICAL FORESTRY PRINCIPLES IN18

DRY FORESTS.The ecological forestry principles re-19

ferred to in paragraph (1) include20

(A) the retention and improvement of the21

survivability of legacy trees through the reduc-22

tion of adjacent fuels and competing vegetation23

to promote resilience against mortality from in-24

sects, disease, and fire;25


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END14483 S.L.C.

(B) the retention and protection of impor-1

tant structures such as large hardwoods, snags,2

and logs;3

(C) the reduction of overall stand den-4

sities through partial cutting in an effort5

(i) to reduce basal areas to desired6

levels, particularly in overstocked stands;7

(ii) to increase the mean stand di-8

ameter; and9

(iii) to shift the composition of10

stands to fire- and drought-tolerant spe-11

cies;12

(D) the restoration of spatial hetero-13

geneity through the variation of the treatment14

of stands, such as by leaving untreated patches,15

creating openings, and establishing tree clumps16

and isolated single trees;17

(E) the establishment of new tree cohorts18

of shade-intolerant species in created openings;19

(F) the harvesting of timber during the20

restoration process;21

(G) the maintenance of sustainable and22

fire-resilient conditions in perpetuity through23

both passive and active management of the dry24

forests in accordance with this subsection, in-25


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END14483 S.L.C.

cluding the treatment of activity fuels and other1

surface and ladder fuels and understory vegeta-2

tion using prescribed fire, natural fire or me-3

chanical activities;