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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. 201. Definitions.
Sec. 202. Conveyance.
Sec. 203. Map and legal description.
Sec. 204. Administration.
Sec. 205. Forest management.
Subtitle BCanyon Mountain Land Conveyance
Sec. 211. Definitions.
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. 311. Definitions.
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. 331. Definitions.
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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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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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
date of enactment of the Oregon and California13
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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(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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(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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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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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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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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(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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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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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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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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(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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(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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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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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
date of enactment of the Oregon and California14
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
final comprehensive environmental impact state-17
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
final comprehensive environmental impact state-5
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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(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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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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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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(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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(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
(A) IN GENERAL.The Secretary shall22
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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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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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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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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(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
(A) IN GENERAL.The Secretary shall7
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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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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(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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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;