CEL13C28 S.L.C.

113TH CONGRESS 1ST SESSION S. ll

To improve timber management on Oregon and California Railroad and Coos Bay Wagon Road grant land, and for other purposes.

IN THE SENATE OF THE UNITED STATES

llllllllll

Mr. WYDEN introduced the following bill; which was read twice and referred to the Committee on llllllllll

A BILL To improve timber management on Oregon and California

Railroad and Coos Bay Wagon Road grant land, and for other purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3

(a) SHORT TITLE.—This Act may be cited as the 4

‘‘Oregon and California Land Grant Act of 2013’’. 5

(b) TABLE OF CONTENTS.—The table of contents of 6

this Act is as follows: 7

Sec. 1. Short title; table of contents.

TITLE I—MANAGEMENT ON OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LAND

2

CEL13C28 S.L.C.

Sec. 101. Management on Oregon and California Railroad and Coos Bay Wagon Road grant land.

Sec. 102. Distribution of funds. Sec. 103. Wild and Scenic River designations.

TITLE II—TRIBAL LAND

Subtitle A—Oregon Coastal Land Conveyance

Sec. 201. Definitions. Sec. 202. Conveyance. Sec. 203. Map and legal description. Sec. 204. Administration. Sec. 205. Forest management. Sec. 206. Land reclassification.

Subtitle B—Canyon Mountain Land Conveyance

Sec. 211. Definitions. Sec. 212. Conveyance. Sec. 213. Map and legal description. Sec. 214. Administration. Sec. 215. Forest management. Sec. 216. Land reclassification.

Subtitle C—Amendments to Coquille Restoration Act

Sec. 221. Amendments to Coquille Restoration Act.

TITLE III—OREGON TREASURES

Subtitle A—Wild Rogue Wilderness Area

Sec. 301. Wild Rogue Wilderness Area.

Subtitle B—Devil’s Staircase Wilderness

Sec. 311. Definitions. Sec. 312. Devil’s Staircase Wilderness, Oregon. Sec. 313. Wild and Scenic River designations, Wasson Creek and Franklin

Creek, Oregon.

Subtitle C—Additional Wild and Scenic River Designations and Technical Corrections

Sec. 321. Designation of Wild and Scenic River segments, Molalla River, Or-egon.

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

3

CEL13C28 S.L.C.

TITLE I—MANAGEMENT ON OR-1EGON AND CALIFORNIA RAIL-2ROAD AND COOS BAY WAGON 3ROAD GRANT LAND 4

SEC. 101. MANAGEMENT ON OREGON AND CALIFORNIA 5

RAILROAD AND COOS BAY WAGON ROAD 6

GRANT LAND. 7

The Act of August 28, 1937 (43 U.S.C. 1181a et 8

seq.), is amended— 9

(1) by redesignating sections 2, 4, and 5 (43 10

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

and 121, respectively; and 12

(2) by striking the first section and inserting 13

the following: 14

‘‘SECTION 1. SHORT TITLE. 15

‘‘This Act may be cited as the ‘Oregon and California 16

Land Grant Act’. 17

‘‘SEC. 2. DEFINITIONS. 18

‘‘In this Act: 19

‘‘(1) ARCHEOLOGICAL SITE.—The term ‘archeo-20

logical site’ means any district, site, building, struc-21

ture, or object that is included in or eligible for in-22

clusion in the National Register under section 106 23

of the National Historic Preservation Act (16 U.S.C. 24

470f). 25

4

CEL13C28 S.L.C.

‘‘(2) CONSERVATION EMPHASIS AREA.—The 1

term ‘conservation emphasis area’ means covered 2

land that is devoted to conservation uses as des-3

ignated on the map under section 102(a)(2). 4

‘‘(3) COVERED LAND.—The term ‘covered land’ 5

means Oregon and California Railroad and Coos 6

Bay Wagon Road grant land described in section 7

101. 8

‘‘(4) DEPARTMENT.—The term ‘Department’ 9

means the Department of the Interior. 10

‘‘(5) DRY FOREST.—The term ‘dry forest’ 11

means— 12

‘‘(A) during the 10-year period beginning 13

on the date of enactment of the Oregon and 14

California Land Grant Act of 2013, land gen-15

erally depicted as dry forest on the map entitled 16

‘O&C Land Grant Act of 2013: Moist Forests 17

and Dry Forests’ and dated November 18, 18

2013, except that plant associations and plant 19

association groups may be used to adjust the 20

dry forest assignment in specific locations based 21

on an on-the-ground field examination by the 22

Secretary; and 23

5

CEL13C28 S.L.C.

‘‘(B) after the period described in subpara-1

graph (A), land designated as dry forest by the 2

Secretary under section 103(b). 3

‘‘(6) ECOLOGICAL FORESTRY.—The term ‘eco-4

logical forestry’ means forestry that— 5

‘‘(A) incorporates principles of natural for-6

est development (including the role of natural 7

disturbances) in the initiation, development, 8

and maintenance of stands and landscape mosa-9

ics; and 10

‘‘(B) is based on the application of the best 11

available ecological understanding of forest eco-12

systems in managing those ecosystems to 13

achieve integrated environmental, economic, and 14

cultural outcomes. 15

‘‘(7) FORESTRY EMPHASIS AREA.—The term 16

‘forestry emphasis area’ means covered land that is 17

primarily devoted to a sustained yield of timber har-18

vest over time, as designated on the map under sec-19

tion 102(a)(1). 20

‘‘(8) KEY WATERSHED.—The term ‘key water-21

shed’ means a watershed that— 22

‘‘(A) is critical to 1 or more populations of 23

native fish; 24

‘‘(B) provides high quality water; and 25

6

CEL13C28 S.L.C.

‘‘(C) is the same as 1 of the key water-1

sheds designated under the Northwest Forest 2

Plan. 3

‘‘(9) MOIST FOREST.—The term ‘moist forest’ 4

means— 5

‘‘(A) during the 10-year period beginning 6

on the date of enactment of the Oregon and 7

California Land Grant Act of 2013, land gen-8

erally depicted as moist forest on the map enti-9

tled ‘O&C Land Grant Act of 2013: Moist For-10

ests and Dry Forests’ and dated November 18, 11

2013, except that plant associations and plant 12

association groups may be used to adjust the 13

dry forest assignment in specific locations based 14

on an on-the-ground field examination by the 15

Secretary; and 16

‘‘(B) after the period described in subpara-17

graph (A), land designated as moist forest by 18

the Secretary under section 103(b). 19

‘‘(10) MONUMENT.—The term ‘Monument’ 20

means the Cascade-Siskiyou National Monument (as 21

defined in section 1401 of the Omnibus Public Land 22

Management Act of 2009(16 U.S.C. 431 note; Pub-23

lic Law 111–11)). 24

‘‘(11) NEST TREE.— 25

7

CEL13C28 S.L.C.

‘‘(A) IN GENERAL.—The term ‘nest tree’ 1

means a tree that— 2

‘‘(i) is currently in use by a northern 3

spotted owl for nesting; or 4

‘‘(ii) has been documented to have 5

been used by a northern spotted owl for 6

nesting during the previous 5-year period. 7

‘‘(B) EXCLUSION.—The term ‘nest tree’ 8

does not include a tree that has been used by 9

a northern spotted owl for nesting during the 10

previous 5-year period if the tree— 11

‘‘(i) is located in an area in which a 12

major disturbance (such as a crown fire, 13

tree defoliating insect or disease outbreak, 14

or blow down) has occurred during the pe-15

riod; and 16

‘‘(ii) is not currently being occupied 17

by a northern spotted owl. 18

‘‘(12) OLD GROWTH.—The term ‘old growth’ 19

means— 20

‘‘(A) in the case of a moist forest, trees 21

that are— 22

‘‘(i) greater than 150 years of age 23

measured at breast height; or 24

8

CEL13C28 S.L.C.

‘‘(ii)(I) in a stand of trees in which 1

the average stand age is 120 years or 2

greater as of the date of enactment of the 3

Oregon and California Land Grant Act of 4

2013; and 5

‘‘(II) generally depicted as old growth 6

stands on the map entitled ‘O&C Land 7

Grant Act of 2013: Legacy Old Growth 8

Protection Network’ and dated November 9

18, 2013; and 10

‘‘(B) in the case of a dry forest, trees that 11

are greater than 150 years of age measured at 12

breast height. 13

‘‘(13) OLDER TREES.—The term ‘older trees’ 14

means trees that are older than 100 years of age but 15

less than 150 years of age measured at breast height 16

as of the date of enactment of the Oregon and Cali-17

fornia Land Grant Act of 2013. 18

‘‘(14) RESIDENCE.—The term ‘residence’ 19

means a privately owned, permanent structure that 20

is— 21

‘‘(A) maintained for habitation as a dwell-22

ing or workplace; and 23

‘‘(B) located in an area with a density that 24

is greater than 1 structure per 20 acres. 25

9

CEL13C28 S.L.C.

‘‘(15) RIPARIAN RESERVE.—The term ‘riparian 1

reserve’ means an area that is— 2

‘‘(A) solely devoted to achieving the goals 3

for the aquatic conservation strategy described 4

in section 102(e); and 5

‘‘(B) generally located along a river, 6

stream, lake, wetland, or other hydrologic fea-7

ture or unstable or potentially unstable area for 8

which special standards and guidelines direct 9

land use. 10

‘‘(16) SALMON.— 11

‘‘(A) IN GENERAL.—The term ‘salmon’ 12

means any of the wild anadromous 13

Oncorhynchus species that occur in the State. 14

‘‘(B) INCLUSIONS.—The term ‘salmon’ in-15

cludes— 16

‘‘(i) chinook salmon (Oncorhynchus 17

tshawytscha); 18

‘‘(ii) coho salmon (Oncorhynchus 19

kisutch); 20

‘‘(iii) chum salmon (Oncorhynchus 21

keta); 22

‘‘(iv) steelhead trout (Oncorhynchus 23

mykiss); and 24

10

CEL13C28 S.L.C.

‘‘(v) coastal cutthroat trout 1

(Oncorhynchus clarkii clarkii). 2

‘‘(17) SECRETARY.—The term ‘Secretary’ 3

means the Secretary of the Interior, acting through 4

the Bureau of Land Management. 5

‘‘(18) SITE-POTENTIAL TREE HEIGHT.—The 6

term ‘site-potential tree height’ means the average 7

maximum height of the tallest dominant trees that 8

are 200 years of age for a given site class. 9

‘‘(19) STANDS LESS THAN OR EQUAL TO 80 10

YEARS OF AGE.—The term ‘stands less than or 11

equal to 80 years of age’ means stands of trees in 12

forestry emphasis areas that are less than or equal 13

to 80 years of age as generally depicted on the map 14

entitled ‘O&C Land Grant Act of 2013: Stands Less 15

Than or Equal to 80 Years of Age’ and dated No-16

vember 18, 2013. 17

‘‘(20) STATE.—The term ‘State’ means the 18

State of Oregon. 19

‘‘(21) SUSTAINED YIELD.—The term ‘sustained 20

yield’ means the timber yield that can be sustained 21

under a specific management intensity consistent 22

with multiple-use objectives on forestry emphasis 23

areas. 24

11

CEL13C28 S.L.C.

‘‘(22) TREE TIPPING.—The term ‘tree tipping’ 1

means the intentional felling and placement of trees 2

in a stream or on the forest floor during timber har-3

vest operations. 4

‘‘(23) WATERSHED ANALYSIS.—The term ‘wa-5

tershed analysis’ means an analysis of the geo-6

morphic and ecological processes in watersheds to 7

determine the ecological importance of streams and 8

riparian areas. 9

‘‘(24) WATERSHED PROTECTION.—The term 10

‘watershed protection’ means sustaining and enhanc-11

ing watershed functions that affect the plant, ani-12

mal, and human communities within a watershed 13

boundary. 14

‘‘(25) WATERSHED RESTORATION.—The term 15

‘watershed restoration’ means a comprehensive, 16

long-term restoration intended to restore watershed 17

health and an aquatic ecosystem, including the habi-18

tat supporting fish and other aquatic and riparian- 19

dependent organisms and the ecological processes 20

that create and maintain habitats. 21

12

CEL13C28 S.L.C.

‘‘TITLE I—MANAGEMENT ON OR-1EGON AND CALIFORNIA RAIL-2ROAD AND COOS BAY WAGON 3ROAD GRANT LAND 4

‘‘SEC. 101. LAND MANAGEMENT. 5

‘‘(a) IN GENERAL.—Notwithstanding the Act of June 6

9, 1916 (39 Stat. 218, chapter 137), and the Act of Feb-7

ruary 26, 1919 (40 Stat. 1179, chapter 47), such portions 8

of the revested Oregon and California Railroad and recon-9

veyed Coos Bay Wagon Road grant land as are under the 10

jurisdiction of the Department and are classified as 11

timberland or power-site land valuable for timber shall be 12

managed in accordance with this Act. 13

‘‘(b) EFFECT.—Except as specifically provided in this 14

Act, nothing in this Act modifies any designation or con-15

veyance of any portion of the covered area as in effect 16

on the day before the date of enactment of the Oregon 17

and California Land Grant Act of 2013. 18

‘‘SEC. 102. ALLOCATION AND MANAGEMENT OF COVERED 19

LAND. 20

‘‘(a) IN GENERAL.—As designated on the map enti-21

tled ‘O&C Land Grant Act of 2013: Forestry Emphasis 22

Areas and Conservation Emphasis Areas’ and dated No-23

vember 18, 2013, covered land shall be allocated into— 24

‘‘(1) forestry emphasis areas; and 25

13

CEL13C28 S.L.C.

‘‘(2) conservation emphasis areas. 1

‘‘(b) MANAGEMENT.—Covered land shall be managed 2

in a manner that is consistent with this Act and under 3

management strategies that— 4

‘‘(1) consider human and economic dimensions 5

of the management of covered land; 6

‘‘(2) protect the long-term health of forests, 7

wildlife, and waterways; 8

‘‘(3) are scientifically sound, ecologically cred-9

ible, and legally responsible; 10

‘‘(4) produce a predictable and sustainable level 11

of timber sales and nontimber resources that do not 12

significantly degrade the environment; and 13

‘‘(5) emphasize collaboration among the Federal 14

agencies responsible for management of covered 15

land. 16

‘‘(c) FORESTRY EMPHASIS AREAS.— 17

‘‘(1) IN GENERAL.—Forestry emphasis areas 18

shall be managed for permanent forest production. 19

‘‘(2) TIMBER.—Timber from forestry emphasis 20

areas shall be sold, cut, and removed in conformity 21

with the principle of sustained yield and ecological 22

forestry for the purposes of — 23

‘‘(A) providing a permanent source of tim-24

ber supply; 25

14

CEL13C28 S.L.C.

‘‘(B) protecting watersheds; 1

‘‘(C) regulating stream flow; 2

‘‘(D) contributing to the economic stability 3

of local communities and industries; and 4

‘‘(E) providing recreational facilities and 5

opportunities. 6

‘‘(d) OLD GROWTH TREES.— 7

‘‘(1) IN GENERAL.—Except as provided in para-8

graph (3), the Secretary shall prohibit the cutting or 9

removal of any old growth in a covered area. 10

‘‘(2) LEGACY OLD GROWTH PROTECTION NET-11

WORK.— 12

‘‘(A) IN GENERAL.—The stands depicted 13

on the map entitled ‘O&C Land Grant Act of 14

2013: Legacy Old Growth Protection Network’ 15

and dated November 18, 2013, shall be des-16

ignated as the Legacy Old Growth Protection 17

Network to provide for the protection, preserva-18

tion, and enhancement of ecological, scenic, cul-19

tural, watershed, and fish and wildlife values. 20

‘‘(B) MANAGEMENT.—The Secretary 21

shall— 22

‘‘(i) prohibit harvest of trees within 23

the areas designated under subparagraph 24

(A); and 25

15

CEL13C28 S.L.C.

‘‘(ii) only allow uses that are con-1

sistent with the purposes described in sub-2

paragraph (A). 3

‘‘(3) EXCEPTIONS.— 4

‘‘(A) IN GENERAL.—Paragraph (1) shall 5

not apply if the Secretary determines that there 6

is no reasonable alternative to the cutting or re-7

moval of an old growth tree for a purpose de-8

scribed in this paragraph. 9

‘‘(B) ADMINISTRATIVE PURPOSES.—An old 10

growth tree may be cut or removed for adminis-11

trative purposes to carry out a construction or 12

maintenance project if the project would cost 13

more than an additional $3,000 to complete to 14

meet the objectives of the project if the old 15

growth tree is not removed. 16

‘‘(C) PUBLIC SAFETY PURPOSES.—An old 17

growth tree may be cut or removed for public 18

safety purposes if— 19

‘‘(i) a federally employed forester or 20

certified arborist determines the old growth 21

tree is likely to fall within 1 year; and 22

‘‘(ii) the fall of the old growth tree 23

could— 24

16

CEL13C28 S.L.C.

‘‘(I) injure a member of the pub-1

lic or an employee of the Department 2

that regularly is in the vicinity of the 3

old growth tree; or 4

‘‘(II) cause property damage in 5

excess of $3,000. 6

‘‘(D) SCIENTIFIC PURPOSES.—An old 7

growth tree may be cut or removed for scientific 8

purposes as part of a research project if the Di-9

rector of the National Applied Resource 10

Sciences Center— 11

‘‘(i) approves the research project; 12

and 13

‘‘(ii) determines there is an advan-14

tageous reason to cut an old growth tree 15

on land on which the research project will 16

be carried out rather than on other land 17

managed by the Secretary. 18

‘‘(E) SPECIAL USE PURPOSES.— 19

‘‘(i) IN GENERAL.—An old growth 20

tree may be cut or removed for special use 21

purposes that are limited to— 22

‘‘(I) a utility right-of-way, if 23

there is no reasonable alternative; or 24

17

CEL13C28 S.L.C.

‘‘(II) a cultural use by a federally 1

recognized Indian tribe. 2

‘‘(ii) INFORMAL RULEMAKING.—Be-3

fore allowing a special use under this sub-4

paragraph, the Secretary shall conduct an 5

informal rulemaking with a 90-day public 6

comment period. 7

‘‘(F) ADMINISTRATION.—In carrying out 8

this paragraph, the Secretary shall— 9

‘‘(i) provide public notice of the loca-10

tion of the trees; 11

‘‘(ii) certify the reasons for allowing 12

the cutting or removal of old growth trees 13

under this paragraph; and 14

‘‘(iii) seek public comment on the cut-15

ting or removal for at least 7 days if more 16

than 5 trees will be cut or removed within 17

a 30-day period in the same 5-level hydro-18

logic unit code watershed. 19

‘‘(G) COMMERCIAL SALE.—Any tree cut or 20

removed under this paragraph may not be sold 21

commercially. 22

‘‘(4) OLD GROWTH IDENTIFICATION.—Not later 23

than 1 year after the date of enactment of the Or-24

egon and California Land Grant Act of 2013, the 25

18

CEL13C28 S.L.C.

Secretary shall develop protocols for identifying trees 1

greater than 150 years of age at breast height. 2

‘‘(e) WATER QUALITY PROTECTION.— 3

‘‘(1) IN GENERAL.—The primary focus of 4

aquatic and riparian protection in the covered area 5

shall be to protect, maintain, and restore natural ec-6

ological functions and processes beneficial to water 7

quality and quantity, including temperature and tur-8

bidity, native fish and wildlife, and watershed resil-9

ience, including the continued provision of ecosystem 10

services. 11

‘‘(2) AQUATIC CONSERVATION STRATEGY.— 12

‘‘(A) IN GENERAL.—The Secretary shall 13

carry out an aquatic conservation strategy to 14

promote the objectives described in paragraph 15

(1) and the resiliency of the aquatic ecosystems 16

consistent with the goals of the aquatic con-17

servation strategy. 18

‘‘(B) GOALS.—The goals of the aquatic 19

conservation strategy shall be— 20

‘‘(i) to protect, maintain, and restore 21

aquatic ecosystems and the associated eco-22

logical processes for fish, other aquatic or-23

ganisms, riparian-dependent species, and 24

human needs across a region; 25

19

CEL13C28 S.L.C.

‘‘(ii) to manage aquatic ecosystems in 1

a manner that recognizes that fish and 2

other aquatic organisms evolved within a 3

dynamic environment that is constantly in-4

fluenced and changed by geomorphic and 5

ecological disturbances; 6

‘‘(iii) to protect important drinking 7

water source areas and maintain and re-8

store water quality necessary to support 9

healthy riparian, aquatic, and wetland eco-10

systems; and 11

‘‘(iv) to protect, maintain, and restore 12

in-stream flows sufficient to create and 13

sustain riparian, aquatic, and wetland 14

habitats and to retain patterns of sedi-15

ment, nutrient, and wood routing. 16

‘‘(3) PROGRAM COMPONENTS.—The aquatic 17

conservation strategy shall incorporate the key com-18

ponents of the aquatic conservation strategy de-19

scribed in paragraph (2), which shall operate to 20

maintain and restore the productivity and resiliency 21

of riparian and aquatic ecosystems, including— 22

‘‘(A) riparian reserves; 23

‘‘(B) watershed analysis; 24

‘‘(C) key watersheds; and 25

20

CEL13C28 S.L.C.

‘‘(D) watershed restoration. 1

‘‘(4) RIPARIAN RESERVES.— 2

‘‘(A) IN GENERAL.—Riparian reserves 3

shall be established in the covered area to pro-4

tect, maintain, and restore ecosystem health at 5

watershed and landscape scales and to promote 6

the objectives described in paragraph (1), con-7

sistent with section 103(f) for the forestry em-8

phasis areas and section 105(c) for the con-9

servation emphasis areas. 10

‘‘(B) RIPARIAN RESERVE MANAGEMENT.— 11

‘‘(i) IN GENERAL.—Management and 12

restoration activities in riparian reserves 13

shall only be undertaken to protect, main-14

tain, or restore aquatic resources as pro-15

vided in this subsection. 16

‘‘(ii) TIMBER HARVEST.—Except as 17

provided in section 103(f), timber harvest 18

in riparian reserves shall only occur in 19

stands less than or equal to 80 years of 20

age. 21

‘‘(5) STANDARDS FOR KEY WATERSHEDS.— 22

‘‘(A) IN GENERAL.—Key watersheds, 23

drinking water emphasis areas, and drinking 24

water special management units established 25

21

CEL13C28 S.L.C.

under sections 108, 109, 110, and 111 shall 1

have the highest priority for watershed restora-2

tion and protection in the covered area. 3

‘‘(B) WATERSHED ANALYSES.—Watershed 4

analysis shall be required before timber har-5

vests occur in key watersheds, other than minor 6

activities that are categorically excluded under 7

the National Environmental Policy Act of 1969 8

(42 U.S.C. 4321 et seq.). 9

‘‘(C) COOPERATION ON PRIVATE LAND.— 10

The Secretary is encouraged to work with adja-11

cent private landowners who have agreed to co-12

operate with Secretary to further the purposes 13

of this section. 14

‘‘(6) ROADS RESTRICTIONS.— 15

‘‘(A) NO NET INCREASE IN ROADS.—The 16

total quantity of system and nonsystem roads 17

on covered land shall be less than or equal to 18

the total quantity of system and nonsystem 19

roads on covered land as of the date of enact-20

ment of the Oregon and California Land Grant 21

Act of 2013. 22

‘‘(B) TEMPORARY ROADS.—Not later than 23

the earlier of the date that is 1 year after the 24

vegetation management project is completed or 25

22

CEL13C28 S.L.C.

the date that is 2 years after the activities for 1

which a temporary road was constructed are 2

completed, temporary roads that are con-3

structed on covered land, if necessary, shall be 4

made benign by— 5

‘‘(i) closing the temporary roads; and 6

‘‘(ii)(I) decommissioning the tem-7

porary roads; or 8

‘‘(II) placing the temporary roads into 9

short-term storage. 10

‘‘(C) REDUCTION IN ROADS.—To the max-11

imum extent practicable and subject to the 12

availability of appropriations, the Secretary 13

shall reduce the total quantity of road miles for 14

system and nonsystem roads, with priority for 15

road reductions given to key watersheds. 16

‘‘(D) LIMITATIONS ON NEW ROADS.—The 17

Secretary shall prohibit the construction of any 18

new permanent system road in any portion of 19

the covered land within the key watersheds and 20

drinking water protection areas of the covered 21

land unless the construction contributes to 22

achieving the goals of the aquatic conservation 23

strategy. 24

23

CEL13C28 S.L.C.

‘‘(E) NO NEW ROADS IN ROADLESS 1

AREAS.—The Secretary shall prohibit the con-2

struction of any new road in any inventoried 3

roadless area on covered land in key water-4

sheds, drinking water emphasis areas, and con-5

servation emphasis areas. 6

‘‘(F) WATERSHED ANALYSIS.—In carrying 7

out a watershed analysis under this Act, the 8

Secretary shall identify roads that the Secretary 9

determines could be closed or decommissioned. 10

‘‘(7) WOODY DEBRIS AUGMENTATION.— 11

‘‘(A) IN GENERAL.—During periods of 12

timber harvesting, the Secretary shall carry out 13

tree tipping activities on riparian reserves on 14

covered land, as the Secretary determines nec-15

essary, to improve timber delivery to streams. 16

‘‘(B) FISH HABITAT.—The Secretary shall 17

annually use approximately $1,000,000 of 18

amounts made available under this Act to 19

transport and place large trees in streams on 20

Federal, State, or private land to improve the 21

quality of fish habitat, as the Secretary deter-22

mines necessary. 23

‘‘SEC. 103. MANAGEMENT OF FORESTRY EMPHASIS AREAS. 24

‘‘(a) MANAGEMENT ACTIONS.— 25

24

CEL13C28 S.L.C.

‘‘(1) IN GENERAL.—Silvicultural activities shall 1

be conducted in a forestry emphasis area, and the 2

forestry emphasis area shall be managed, in accord-3

ance with this section. 4

‘‘(2) MANAGEMENT ACTIONS.—Management ac-5

tions shall be considered in the environmental im-6

pact statement required under the National Environ-7

mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 8

and section 104(a). 9

‘‘(b) DETERMINATION OF MOIST FORESTS AND DRY 10

FORESTS.— 11

‘‘(1) IN GENERAL.—During the 10–year period 12

beginning on the date of enactment of the Oregon 13

and California Land Grant Act of 2013, the moist 14

and dry forests shall be determined as depicted on 15

the map entitled ‘O&C Land Grant Act of 2013: 16

Moist Forests and Dry Forests’, and dated Novem-17

ber 18, 2013, except that plant associations and 18

plant association groups may be used to adjust the 19

dry and moist forest assignments in specific loca-20

tions based on an on-the-ground field examination 21

by the Secretary. 22

‘‘(2) REDESIGNATION.—Not later than 10 years 23

after the date of enactment of the Oregon and Cali-24

fornia Land Grant Act of 2013 and every 10 years 25

25

CEL13C28 S.L.C.

thereafter, the Secretary shall reevaluate the initial 1

assignments of land areas in moist forest and dry 2

forest categories in forestry emphasis areas under 3

paragraph (1) based on— 4

‘‘(A) plant association groups; and 5

‘‘(B) the criteria described in this sub-6

section. 7

‘‘(3) MOIST FORESTS.—For purposes of this 8

subsection, moist forests generally— 9

‘‘(A) experience infrequent wildfires at in-10

tervals of 1 to several centuries, including ex-11

tensive areas in which fire severity results in 12

stand-replacement conditions; and 13

‘‘(B) include the following plant associa-14

tion groups: 15

‘‘(i) the Western Hemlock (Tsuga 16

heterophylla) series; 17

‘‘(ii) the Sitka Spruce (Picea 18

sitchensis) series; 19

‘‘(iii) the Western Redcedar (Thuja 20

plicata) series; 21

‘‘(iv) the Pacific Silver Fir (Abies 22

amabilis) series; 23

‘‘(v) the Mountain Hemlock (Tsuga 24

mertensiana) series; 25

26

CEL13C28 S.L.C.

‘‘(vi) the Subalpine Fir-Engelmann 1

Spruce (Abies lasiocarpa-Picea 2

engelmannii) series; 3

‘‘(vii) the Tanoak (Lithocarpus 4

densiflorus) series; 5

‘‘(viii) the Moist Grand Fir (Abies 6

grandis) plant association group; and 7

‘‘(ix) the Moist White Fir (Abies 8

concolor) plant association group. 9

‘‘(4) DRY FORESTS.—For purposes of this sub-10

section, dry forests generally— 11

‘‘(A) experience relatively frequent and 12

predominantly low- and mixed-severity fires; 13

and 14

‘‘(B) include the following plant associa-15

tion groups: 16

‘‘(i) the Moist Grand Fir (Abies 17

grandis) plant association group; 18

‘‘(ii) the Moist White Fir (Abies 19

concolor) plant association group; 20

‘‘(iii) the Ponderosa Pine (Pinus pon-21

derosa) series; 22

‘‘(iv) the Oregon White Oak (Quercus 23

garryana) series; 24

27

CEL13C28 S.L.C.

‘‘(v) the Douglas-fir (Pseudotsuga 1

menziesii) series; 2

‘‘(vi) the Jeffrey Pine (Pinus jeffreyi) 3

series; 4

‘‘(vii) the Dry Grand Fir (Abies 5

grandis) plant association group; and 6

‘‘(viii) the Dry White Fir (Abies 7

concolor) plant association group. 8

‘‘(5) MIXED FORESTS.— 9

‘‘(A) IN GENERAL.—For purposes of this 10

Act, a site characterized as a Moist Grand Fir 11

or a Moist White Fir plant association group 12

may be considered moist forest or dry forest 13

based on the condition of the land, landscape 14

context, and management goals. 15

‘‘(B) MIXED FORESTS.—On a site at which 16

dry and moist forests combine and are not 17

readily separated, management shall be based 18

on the dominant type in terms of area. 19

‘‘(6) ADMINISTRATION.—In carrying out this 20

subsection, the Secretary shall— 21

‘‘(A) provide the public a period of not less 22

than 60 days to comment on the redesignation 23

of moist forests and dry forests; and 24

28

CEL13C28 S.L.C.

‘‘(B) redesignate moist forests and dry for-1

ests once every 10 years. 2

‘‘(c) VEGETATION TREATMENTS.— 3

‘‘(1) IN GENERAL.—Vegetation treatments shall 4

be developed consistent with this subsection. 5

‘‘(2) NO SIGNIFICANT NEGATIVE EFFECTS.—A 6

vegetation treatment under this section shall be— 7

‘‘(A) considered in the environmental im-8

pact statement required under the National En-9

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

4321 et seq.) and section 104(a); and 11

‘‘(B) designed to produce no significant 12

negative effects on— 13

‘‘(i) cultural sites of federally recog-14

nized Indian tribes; 15

‘‘(ii) inventoried roadless areas; 16

‘‘(iii) the existing integrity of archeo-17

logical sites; 18

‘‘(iv) highly erodible land; 19

‘‘(v) wetland under the jurisdiction of 20

the Corps of Engineers or delineated by 21

the Natural Resources Conservation Serv-22

ice; and 23

‘‘(vi) species listed as endangered or 24

threatened species under the Endangered 25

29

CEL13C28 S.L.C.

Species Act of 1973 (16 U.S.C. 1531 et 1

seq.), unless incidental take statements 2

have been issued for the listed species. 3

‘‘(3) ATTAINING NO SIGNIFICANT NEGATIVE EF-4

FECTS.—A proposed silvicultural treatment on land 5

described in clauses (i) through (v) of paragraph 6

(2)(B) shall seek to produce no significant negative 7

impact primarily by— 8

‘‘(A) not harvesting trees, or operating 9

heavy equipment, on the sites; or 10

‘‘(B) mitigating the impact of the treat-11

ment through actions such as the capping of ar-12

cheological sites with wood chips, except that 13

relying on mitigation measures to achieve no 14

significant negative impact may only be used in-15

frequently for timber sales. 16

‘‘(4) NORTHERN SPOTTED OWLS.—A vegetation 17

treatment analyzed as part of the environmental im-18

pact statement or similar analysis required under 19

the National Environmental Policy Act of 1969 (42 20

U.S.C. 4321 et seq.) and section 104(a) for land 21

identified by the Secretary as part of northern spot-22

ted owl recovery plan Action 10 or 32 can only occur 23

if the Secretary, acting through the United States 24

30

CEL13C28 S.L.C.

Fish and Wildlife Service, releases an opinion that 1

the proposed vegetative treatment is— 2

‘‘(A) compatible with requirements under 3

the Endangered Species Act of 1973 (16 U.S.C. 4

1531 et seq.) for the northern spotted owl, con-5

sidered over the long-term; or 6

‘‘(B) necessary to address a severe threat 7

of disease, insects, or fire. 8

‘‘(5) WATER QUALITY.— 9

‘‘(A) IN GENERAL.—In addition to stand-10

ards under any applicable environmental law, a 11

vegetation treatment for a timber sale under 12

this section shall be designed so that the sale 13

does not result in measurable, significant nega-14

tive impacts on water quality. 15

‘‘(B) DETERMINATION POINTS.—For the 16

purposes of assessing potential negative impacts 17

on water quality under this section from vegeta-18

tion treatments, the Secretary shall only con-19

sider water quality— 20

‘‘(i) at the time of the determination 21

to determine the present condition; and 22

‘‘(ii) at a time that is 5 years after 23

the date of the initial determination and 24

31

CEL13C28 S.L.C.

that is at least 2 years after the date of 1

the timber sale. 2

‘‘(6) NEST TREES.— 3

‘‘(A) IN GENERAL.—No nest tree shall be 4

cut in a forestry emphasis area unless the nest 5

tree poses a repeated, imminent threat to the 6

safety of the public or employees of the Depart-7

ment. 8

‘‘(B) SURVEYS.— 9

‘‘(i) IN GENERAL.—Not earlier than 10

180 days before the date the Secretary 11

plans to offer a timber sale in a forestry 12

emphasis area, the Secretary shall survey 13

the timber sale area to locate potential 14

nest trees that the Secretary has not lo-15

cated. 16

‘‘(ii) DURATION.—The duration of the 17

survey shall be such that the Secretary 18

shall have an employee survey for nest 19

trees at a rate of 1 day for each 100 acres 20

of the timber sale. 21

‘‘(C) INFORMATION FROM PUBLIC.—Dur-22

ing the 14-day period beginning on the date a 23

consistency document required under section 24

104(d) is completed for a project, the Secretary 25

32

CEL13C28 S.L.C.

shall accept information from the public con-1

cerning the location of nest trees. 2

‘‘(D) PROTECTIONS.—The Secretary shall 3

ensure that the protections required under this 4

Act are provided for verified nest trees. 5

‘‘(7) MARBLED MURRELET HABITAT.—Con-6

sistent with the Endangered Species Act of 1973 (16 7

U.S.C. 1531 et seq.), if the harvest of timber within 8

a limited area of marbled murrelet habitat would 9

provide benefits to a forest ecosystem (including the 10

increased diversity of stand structure, composition, 11

and age and reducing the scarcity of early succes-12

sional habitat), the harvest may occur if the Sec-13

retary confers with the Director of the United States 14

Fish and Wildlife Service in selecting areas within 15

marbled murrelet habitat in which timber harvests 16

may occur. 17

‘‘(8) SUSTAINED YIELD.— 18

‘‘(A) IN GENERAL.—The Secretary shall, 19

to the maximum extent practicable, provide a 20

sustained yield of timber harvest, averaged over 21

a 10-year period, from the forestry emphasis 22

area, that is calculated assuming an ecological 23

forestry approach, unless the action will have a 24

33

CEL13C28 S.L.C.

severe adverse environmental, economic, or so-1

cial consequences. 2

‘‘(B) SUSTAINED YIELD CALCULATION.— 3

The Secretary shall calculate the sustained yield 4

for a 50-year period as part of the environ-5

mental impact statement required under the 6

National Environmental Policy Act of 1969 (42 7

U.S.C. 4321 et seq.) and section 104(a). 8

‘‘(C) RESERVED AREAS.—In calculating 9

the sustained yield from a forestry emphasis 10

area, the Secretary shall not include the volume 11

of timber that could be offered from reserved 12

areas, such as conservation emphasis areas. 13

‘‘(d) MANAGEMENT OF MOIST FORESTS.— 14

‘‘(1) IN GENERAL.—Forestry emphasis areas 15

that are designated as moist forests under this sec-16

tion shall be managed in accordance with the prin-17

ciples of ecological forestry (including principles re-18

lating to variable retention regeneration harvests) 19

described in paragraph (2). 20

‘‘(2) ECOLOGICAL FORESTRY PRINCIPLES FOR 21

MOIST FORESTS.—The ecological forestry principles 22

referred to in paragraph (1) include— 23

‘‘(A) the retention of old growth; 24

34

CEL13C28 S.L.C.

‘‘(B) the seeking of opportunities to retain 1

older trees if practicable; 2

‘‘(C) the acceleration of the development of 3

structural complexity, including spatial hetero-4

geneity, in younger stands, through the use of 5

diverse silvicultural approaches, such as vari-6

able density and clump-based prescriptions; 7

‘‘(D) the implementation of variable reten-8

tion regeneration harvesting activities that re-9

tain approximately 1⁄3 of the live basal area of 10

the forest within the harvest area, primarily in 11

aggregates, including riparian and other re-12

serves and dispersed individual and small clus-13

ters of conifers and hardwoods within the har-14

vest area unit, a portion of which may be used 15

for snag creation, except that old growth stands 16

shall not be considered as part of the 17

1⁄3 basal area retention; 18

‘‘(E) the development and maintenance of 19

early seral ecosystems with diverse species fol-20

lowing harvesting activities through the use of 21

less intense approaches to site preparation and 22

tree regeneration and nurturing of diverse early 23

seral ecosystems; 24

35

CEL13C28 S.L.C.

‘‘(F) the use of rotations of sufficient 1

length to allow stands to redevelop with levels 2

of structural complexity and biodiversity char-3

acteristics of late-successional stands, but when 4

the stands reach the rotation age of the stands, 5

the stands will be regenerated through variable- 6

retention harvesting; and 7

‘‘(G) the establishment of a silvicultural 8

system that includes the development and man-9

agement of multiaged, mixed-species stands on 10

harvest rotation periods of 80 to 120 years. 11

‘‘(3) VARIABLE RETENTION REGENERATION.— 12

‘‘(A) IN GENERAL.—The Secretary shall 13

designate not less than 8 percent and not more 14

than 12 percent of the moist forests described 15

in paragraph (1) as land on which the Sec-16

retary shall carry out variable retention regen-17

eration harvesting activities, consistent with 18

this section, during each 10-year period in a 19

manner consistent with the environmental im-20

pact statement required under the National En-21

vironmental Policy Act of 1969 (42 U.S.C. 22

4321 et seq.) and section 104(a). 23

‘‘(B) APPLICABILITY.—The moist forests 24

designated as variable retention regeneration 25

36

CEL13C28 S.L.C.

harvest land under subparagraph (A) shall not 1

be limited to stands that have generally reached 2

the culmination of mean annual increment. 3

‘‘(4) THINNING.— 4

‘‘(A) IN GENERAL.—The Secretary shall 5

carry out thinning activities in the moist forests 6

described in paragraph (1) to promote tree 7

growth and ecological health and variability. 8

‘‘(B) GOALS.—The goal of thinning activi-9

ties under this paragraph shall be to establish 10

spatially variable stand densities and complex 11

canopies using thinning regimes that enhance 12

the structural and compositional diversity of the 13

stand and individual tree development. 14

‘‘(C) LIMITATIONS.— 15

‘‘(i) IN GENERAL.—In carrying out 16

thinning activities under this paragraph, 17

the Secretary shall not reduce the total 18

basal area of the stand (as determined on 19

the date on which the thinning activities 20

commence) by more than 50 percent. 21

‘‘(ii) OLD GROWTH TREES.—The Sec-22

retary shall exclude old growth trees from 23

thinning activities under this paragraph. 24

‘‘(e) MANAGEMENT OF DRY FORESTS.— 25

37

CEL13C28 S.L.C.

‘‘(1) IN GENERAL.—Forestry emphasis areas 1

that are designated as dry forests under this section 2

shall be managed in accordance with ecological for-3

estry principles described in paragraph (2) and, as 4

determined necessary by the Secretary, with fire re-5

siliency needs, consistent with this subsection. 6

‘‘(2) ECOLOGICAL FORESTRY PRINCIPLES IN 7

DRY FORESTS.—The ecological forestry principles re-8

ferred to in paragraph (1) include— 9

‘‘(A) the retention and improvement of the 10

survivability of old growth trees through the re-11

duction of adjacent fuels and competing vegeta-12

tion to promote resilience against mortality 13

from insects, disease, and fire; 14

‘‘(B) the retention and protection of impor-15

tant structures such as large hardwoods, snags, 16

and logs; 17

‘‘(C) the reduction of overall stand den-18

sities through partial cutting in an effort to— 19

‘‘(i) reduce basal areas to desired lev-20

els, particularly in overstocked stands; 21

‘‘(ii) increase the mean stand diame-22

ter; 23

‘‘(iii) shift the composition of stands 24

to fire- and drought-tolerant species; and 25

38

CEL13C28 S.L.C.

‘‘(iv) retain older trees for replace-1

ment purposes; 2

‘‘(D) the restoration of spatial hetero-3

geneity through the variation of the treatment 4

of stands, such as by leaving untreated patches, 5

creating openings of not more than 2.5 acres, 6

and establishing tree clumps and isolated single 7

trees; 8

‘‘(E) the establishment of new tree cohorts 9

of shade-intolerant species in created openings, 10

generally varying in size between 0.2 and 2.5 11

acres; 12

‘‘(F) the harvesting of timber during the 13

restoration process; 14

‘‘(G) the maintenance of sustainable and 15

fire-resilient conditions in perpetuity through 16

active management of the dry forests in accord-17

ance with this subsection, including the treat-18

ment of activity fuels and the restoration of his-19

toric levels of surface fuels and understory vege-20

tation using prescribed fire and mechanical ac-21

tivities; 22

‘‘(H) the planning and implementation of 23

activities at the landscape level to maintain not 24

less than 1⁄3 of the dry forests as denser land-25

39

CEL13C28 S.L.C.

scape-scale patches to provide greater forest 1

density for endangered and threatened species 2

and their prey; and 3

‘‘(I) the retention of a basal area after a 4

partial cut that is not less than 35 percent of 5

the initial basal area of the sale area. 6

‘‘(3) FIRE RESILIENCY.— 7

‘‘(A) VEGETATION TREATMENT NEAR 8

RESIDENCES.— 9

‘‘(i) IN GENERAL.—For a forestry em-10

phasis area that is designated as a dry for-11

est under this section and located within 12

.25 miles of a residence, the primary pur-13

pose of any vegetation treatment carried 14

out by the Secretary on that land shall be 15

to manage fuel loadings to reduce the risk 16

to the residence posed by wildfire. 17

‘‘(ii) ADMINISTRATION.— 18

‘‘(I) IN GENERAL.—In carrying 19

out vegetation treatment activities on 20

land described in clause (i), the Sec-21

retary shall— 22

‘‘(aa) cut and remove trees 23

and brush to eliminate the 24

vertical continuity of vegetative 25

40

CEL13C28 S.L.C.

fuels and the horizontal con-1

tinuity of tree crowns for the 2

purpose of reducing flammable 3

materials and maintaining a 4

shaded fuelbreak to reduce fire 5

spread, duration, and intensity; 6

and 7

‘‘(bb) treat surface fuels (in-8

cluding activity fuels, low brush, 9

and deadwood) on that land that 10

could promote the spread of wild-11

fire in a manner designed to 12

achieve an average of a 4-foot 13

maximum flame length under av-14

erage severe fire weather condi-15

tions. 16

‘‘(II) TIMBER SALES.—If a tim-17

ber sale is planned within 1⁄2 mile of 18

a residence, the Secretary is encour-19

aged to carry out vegetation treat-20

ment activities on that Federal land 21

at the same time as the timber sale. 22

‘‘(III) COUNTY ACTIONS.—A 23

county may carry out a fuel reduction 24

project on the land described in clause 25

41

CEL13C28 S.L.C.

(i) in a manner consistent with sub-1

clause (I) if— 2

‘‘(aa) the county notifies the 3

Secretary of the intent of the 4

county to carry out the project, 5

including a description of the 6

project and duration of the 7

project; 8

‘‘(bb) the Secretary deter-9

mines the project is consistent 10

with this Act and is in the best 11

interest of the public; and 12

‘‘(cc) the county carries out 13

the project using county funds, 14

which may include amounts made 15

available to the county under this 16

Act. 17

‘‘(iii) PRIORITIZATION.—In 18

prioritizing fire resiliency projects under 19

this subparagraph, the Secretary or the 20

county may use project recommendations 21

received from a resource advisory council 22

or described in a community wildfire pro-23

tection plan. 24

42

CEL13C28 S.L.C.

‘‘(B) PRIVATE LANDOWNER ACTIONS ON 1

FEDERAL LAND.— 2

‘‘(i) IN GENERAL.—A person may 3

enter and treat any forestry emphasis area 4

that is designated as a dry forest under 5

this section that is located within 100 feet 6

of the residence of that person without a 7

permit from the Secretary if— 8

‘‘(I) the treatment is carried out 9

at the expense of the person; 10

‘‘(II) the person notifies the Sec-11

retary of the intent to treat that land; 12

and 13

‘‘(III) the person carries out the 14

treatment activities in accordance 15

with clause (iii). 16

‘‘(ii) NOTICE.— 17

‘‘(I) IN GENERAL.—Not less than 18

30 days before beginning to treat land 19

described in clause (i), the person 20

shall notify the Secretary of the inten-21

tion of that person to treat that land. 22

‘‘(II) COMMENCEMENT.—Not 23

less than 15 days before the date of 24

the commencement of treatment ac-25

43

CEL13C28 S.L.C.

tions, the person shall notify the Sec-1

retary before beginning the treatment. 2

‘‘(iii) APPLICABILITY.—A person 3

treating land described in clause (i) shall 4

carry out the treatment as follows: 5

‘‘(I) No dead tree, nest tree, old 6

growth, or tree greater than 24 inches 7

in diameter shall be cut. 8

‘‘(II) Any residual trees shall be 9

pruned— 10

‘‘(aa) to a height of the less-11

er of 10 feet or 50 percent of the 12

crown height of the tree; and 13

‘‘(bb) such that all parts of 14

the tree are at not less than 10 15

feet away from the residence. 16

‘‘(III) Vegetation shall be cut 17

such that— 18

‘‘(aa) less flammable species 19

are favored for retention; and 20

‘‘(bb) the adequate height 21

and spacing between bushes and 22

trees are maintained. 23

‘‘(IV) No herbicide or insecticide 24

application shall be used. 25

44

CEL13C28 S.L.C.

‘‘(V) All slash created from treat-1

ment activities under this subpara-2

graph shall be removed or treated not 3

later than 60 days after the date on 4

which the slash is created. 5

‘‘(f) WATER PROTECTION IN FORESTRY EMPHASIS 6

AREAS.— 7

‘‘(1) RIPARIAN RESERVE AND BUFFER SYS-8

TEM.— 9

‘‘(A) IN GENERAL.—In carrying out the 10

aquatic conservation strategy in forestry em-11

phasis areas, the Secretary shall establish ripar-12

ian reserves that— 13

‘‘(i) in the case of land located along 14

a fish-bearing stream, are 1 site-potential 15

tree height or 150 feet slope distance, 16

whichever is greater; 17

‘‘(ii) in the case of land located along 18

a permanently flowing nonfish-bearing 19

stream, are 1⁄2 of a site-potential tree 20

height or 75 feet slope distance, whichever 21

is greater; 22

‘‘(iii) in the case of land located along 23

a seasonally flowing or intermittent 24

stream, are whichever is greater among— 25

45

CEL13C28 S.L.C.

‘‘(I) the stream channel to the 1

top of the inner gorge and out to the 2

edge of the riparian vegetation; 3

‘‘(II) a distance of 1⁄2 of a site- 4

potential tree height; or 5

‘‘(III) 75–feet slope distance; 6

‘‘(iv) in the case of a wetland greater 7

than 1 acre, a lake, or a natural pond, are 8

whichever is greater among— 9

‘‘(I) the body of water and land 10

located along the wetland, lake, or 11

pond to the outer edges of riparian 12

vegetation; 13

‘‘(II) a distance of 2 site-poten-14

tial tree height; or 15

‘‘(III) 300-feet slope distance; 16

‘‘(v) in the case of a constructed pond 17

or a reservoir, are the area from the max-18

imum pool elevation to a distance equal to 19

the height of 1 site-potential tree or 150– 20

feet slope distance, whichever is greater; 21

and 22

‘‘(vi) in the case of a wetland that is 23

less than 1 acre or an unstable or poten-24

46

CEL13C28 S.L.C.

tially unstable area, are whichever is great-1

er among— 2

‘‘(I) the extent of the unstable 3

and potentially unstable area or the 4

wetland less than 1 acre, as applica-5

ble, to the outer edges of the riparian 6

vegetation; 7

‘‘(II) a distance of 1 site-poten-8

tial tree height; or 9

‘‘(III) 150-feet slope distance. 10

‘‘(B) NONFISH-BEARING STREAMS.— 11

‘‘(i) IN GENERAL.—For a nonfish- 12

bearing stream, the Secretary shall estab-13

lish a buffer of an additional 1⁄2 of a site- 14

potential tree height or 75 feet slope dis-15

tance, whichever is greater, which buffer 16

shall be available for timber management 17

using ecological forestry principles while 18

maintaining wood delivery to streams. 19

‘‘(ii) RESTRICTIONS.— 20

‘‘(I) IN GENERAL.—A timber 21

harvest on the buffer land described 22

in clause (i) shall be— 23

47

CEL13C28 S.L.C.

‘‘(aa) conducted in accord-1

ance with the principles of eco-2

logical forestry; and 3

‘‘(bb) be limited to stands 4

less than or equal to 80 years of 5

age. 6

‘‘(II) SPECIAL RULE FOR DRY 7

FORESTS.— 8

‘‘(aa) IN GENERAL.—Sub-9

ject to item (bb), in dry forests, 10

timber harvest may occur in a 11

stand that exceeds 80 years of 12

age if the harvest is carried out 13

for a compelling ecological rea-14

son, such as to protect the stand 15

from insect outbreak or destruc-16

tive wildfire. 17

‘‘(bb) OLD GROWTH 18

TREES.—An old growth tree shall 19

not be included in a timber har-20

vest under item (aa). 21

‘‘(2) WATERSHED ANALYSIS.— 22

‘‘(A) IN GENERAL.—Not later than 90 23

days after the date of enactment of the Oregon 24

and California Land Grant Act of 2013, a sci-25

48

CEL13C28 S.L.C.

entific committee established by the Secretary 1

shall develop criteria to be used in carrying out 2

a watershed analysis for forestry emphasis 3

areas. 4

‘‘(B) SCIENTIFIC COMMITTEE.— 5

‘‘(i) IN GENERAL.—The committee es-6

tablished under subparagraph (A) shall be 7

comprised of 5 individuals who— 8

‘‘(I) are not full-time employees 9

of the Bureau of Land Management; 10

and 11

‘‘(II) have expertise relating to 12

aquatic and riparian ecosystems. 13

‘‘(ii) ADMINISTRATION.—The Federal 14

Advisory Committee Act (5 U.S.C. App.) 15

shall not apply to the committee estab-16

lished under this paragraph. 17

‘‘(C) CRITERIA.—The criteria developed 18

under subparagraph (A) shall include at a min-19

imum— 20

‘‘(i) the importance of the streams to 21

salmon populations; 22

‘‘(ii) the impacts of thermal loading; 23

‘‘(iii) water quality; and 24

49

CEL13C28 S.L.C.

‘‘(iv) the potential for the delivery or 1

deposition of sediment and wood from 2

upslope sources. 3

‘‘(D) DEVELOPMENT OF WATERSHED 4

ANALYSIS.— 5

‘‘(i) IN GENERAL.—The Secretary 6

shall use the criteria established by the sci-7

entific committee to determine the ecologi-8

cal importance of fish-bearing streams and 9

nonfish-bearing streams. 10

‘‘(ii) PUBLIC INFORMATION.—The 11

Secretary shall make the determinations 12

described in clause (i) available to the pub-13

lic at the time the Secretary submits the 14

report to the scientific committee. 15

‘‘(E) REVIEW OF SCIENTIFIC COM-16

MITTEE.— 17

‘‘(i) IN GENERAL.—Not later than 18

210 days after the date of enactment of 19

the Oregon and California Land Grant Act 20

of 2013, the Secretary shall submit to the 21

scientific committee established under sub-22

paragraph (B) a watershed analysis that 23

includes the fish-bearing streams and 24

50

CEL13C28 S.L.C.

nonfish-bearing streams in key watersheds 1

categorized by ecological importance. 2

‘‘(ii) COMMENTS BY SCIENTIFIC COM-3

MITTEE.—Not later than 240 days after 4

the date of enactment of the Oregon and 5

California Land Grant Act of 2013, the 6

scientific committee shall submit comments 7

to the Secretary on the determinations 8

made by the Secretary of the ecological im-9

portance of the streams within the covered 10

area. 11

‘‘(iii) CRITERIA.—The scientific com-12

mittee shall use only the criteria estab-13

lished under subparagraph (C) to evaluate 14

the determinations made by the Secretary. 15

‘‘(iv) PUBLIC AVAILABILITY.—On re-16

ceipt by the Secretary, the comments sub-17

mitted by the scientific committee shall be 18

made publically available. 19

‘‘(F) INCLUSION IN THE DRAFT ENVIRON-20

MENTAL IMPACT STATEMENT.— 21

‘‘(i) IN GENERAL.—The Secretary 22

shall— 23

51

CEL13C28 S.L.C.

‘‘(I) revise the watershed anal-1

ysis, as the Secretary considers nec-2

essary; and 3

‘‘(II) consider the comments sub-4

mitted by the scientific committee. 5

‘‘(ii) REVISED WATERSHED ANAL-6

YSIS.—The revised watershed analysis 7

shall be used in preparing and included in 8

whole in each draft environmental impact 9

statement developed under section 10

104(a)(1). 11

‘‘(G) OTHER APPLICABILITY.—The results 12

of the watershed analysis shall be available for 13

use in conservation efforts on other Federal 14

land and on non-Federal land. 15

‘‘(3) REVISION OF RIPARIAN BUFFER SYS-16

TEM.— 17

‘‘(A) IN GENERAL.—In accordance with 18

the watershed analysis, the Secretary shall re-19

vise the riparian reserves on the forestry em-20

phasis areas. 21

‘‘(B) USE.—The revisions shall be re-22

flected in— 23

‘‘(i) the initial environmental impact 24

statements prepared under the National 25

52

CEL13C28 S.L.C.

Environmental Policy Act of 1969 (42 1

U.S.C. 4321 et seq.) and section 104(a); 2

and 3

‘‘(ii) each subsequent 10–year envi-4

ronmental impact statement. 5

‘‘(C) REVISIONS.—The Secretary shall re-6

vise the riparian buffer system as follows: 7

‘‘(i) For a riparian reserve located 8

along a fish-bearing stream, lake, or wet-9

land, that the Secretary determines, based 10

on the watershed analysis, to be of mini-11

mal ecological importance, the size of the 12

riparian reserve shall be 100 feet slope dis-13

tance. 14

‘‘(ii) For a riparian reserve located 15

along a nonfish-bearing stream, lake, or 16

wetland that the Secretary determines, 17

based on the watershed analysis, to be of 18

minimal ecological importance, the size of 19

the riparian reserve shall be 50 feet slope 20

distance. 21

‘‘(iii) For a riparian reserve located 22

along a fish-bearing or nonfish-bearing 23

stream, lake, or wetland that the Secretary 24

determines, based on the watershed anal-25

53

CEL13C28 S.L.C.

ysis, to be of significant ecological impor-1

tance, the size of the riparian reserve shall 2

be 1 site-potential tree height or 150 feet 3

slope distance, whichever is greater. 4

‘‘(iv) The total amount of riparian re-5

serves within each 5th-level hydrologic unit 6

code watershed in the forestry emphasis 7

areas shall equal at least 75 percent and 8

not more than 125 percent of the previous 9

riparian reserves established under para-10

graph (1). 11

‘‘(D) RIPARIAN BUFFERS FOR MANAGE-12

MENT.— 13

‘‘(i) IN GENERAL.—The Secretary 14

shall establish buffers for the riparian re-15

serves described in clauses (i) and (ii) of 16

subparagraph (C) that extend out to 1-site 17

potential tree. 18

‘‘(ii) MANAGEMENT.—The buffers 19

shall be managed in the same manner as 20

the buffers described in paragraph (1)(B). 21

‘‘(E) MANAGEMENT.—The Secretary shall 22

manage the revised riparian reserve areas de-23

scribed in subparagraph (D) in accordance with 24

the following standards: 25

54

CEL13C28 S.L.C.

‘‘(i) Timber harvest within riparian 1

reserves shall be restricted to thinning 2

stands less than or equal to 80 years of 3

age to achieve the goals of the aquatic con-4

servation strategy. 5

‘‘(ii) Timber harvest, roads, grazing, 6

mining, recreation, and all other activities 7

shall be compatible with achievement of 8

the goals of the aquatic conservation strat-9

egy in order to occur. 10

‘‘(iii) Riparian-dependent and stream 11

resources shall receive primary emphasis in 12

riparian reserve landscapes. 13

‘‘(4) EXCEPTION.—Forestry emphasis areas 14

designated as ‘Drinking Water Emphasis Area’ and 15

depicted as such on the maps entitled ‘O&C Land 16

Grant Act of 2013: McKenzie Drinking Water Area’, 17

‘O&C Land Grant Act of 2013: Hillsboro Drinking 18

Water Area’, ‘O&C Land Grant Act of 2013: 19

Clackamas Drinking Water Area’, and ‘O&C Land 20

Grant Act of 2013: Springfield Drinking Water 21

Area’ and dated November 18, 2013, and riparian 22

areas within key watersheds shall not be subject to 23

this subsection but shall instead be subject to section 24

105(c). 25

55

CEL13C28 S.L.C.

‘‘(g) PRIORITIZATION.— 1

‘‘(1) SELECTION OF AREAS TO TREAT IN THE 2

FIRST 10 YEARS.— 3

‘‘(A) IN GENERAL.—Not later than 150 4

days after the date of enactment of the Oregon 5

and California Land Grant Act of 2013, the 6

Secretary shall select locations in forestry em-7

phasis areas in which the Secretary intends to 8

harvest timber during— 9

‘‘(i) the 10 year-period covered by the 10

environmental impact statement prepared 11

under the requirements of the National 12

Environmental Policy Act of 1969 (42 13

U.S.C. 4321 et seq.) and 104(a); and 14

‘‘(ii) each subsequent 10–year period 15

covered by an environmental impact state-16

ment. 17

‘‘(B) PRIORITIZATION PLAN FOR FOR-18

ESTRY EMPHASIS AREAS.—The areas selected 19

under subparagraph (A) shall reflect a 20

prioritization plan and harvest levels, including 21

the sustained yield, identified in the environ-22

mental impact statement prepared under the re-23

quirements of the National Environmental Pol-24

56

CEL13C28 S.L.C.

icy Act of 1969 (42 U.S.C. 4321 et seq.) and 1

section 104(a). 2

‘‘(C) PUBLIC COMMENT.—The Secretary 3

shall seek public comments for 45 days on the 4

selection of the areas under subparagraph (A). 5

‘‘(D) INCLUSION IN THE DRAFT ENVIRON-6

MENTAL IMPACT STATEMENT.— 7

‘‘(i) IN GENERAL.—The Secretary 8

shall revise the prioritization plan for for-9

estry emphasis areas, as the Secretary con-10

siders necessary, based on the public com-11

ments received. 12

‘‘(ii) REVISED PRIORITIZATION 13

PLAN.—The revised prioritization plan for 14

forestry emphasis areas shall be used in 15

preparing and included in whole in each 16

draft environmental impact statement de-17

veloped under the National Environmental 18

Policy Act of 1969 (42 U.S.C. 4321 et 19

seq.) and section 104(a). 20

‘‘(2) LANDSCAPE PLANS.— 21

‘‘(A) IN GENERAL.—The Secretary shall 22

develop plans for the moist forest portions of 23

the forestry emphasis area and dry forest por-24

tions of the covered area. 25

57

CEL13C28 S.L.C.

‘‘(B) MOIST FOREST LANDSCAPE PLAN.— 1

The plans described in subparagraph (A) shall 2

include— 3

‘‘(i) landscape level plans showing the 4

areas of the moist forest landscapes that 5

will result in distribution of variable reten-6

tion regeneration harvests to ensure de-7

sired placement and the appropriate scale 8

of implementation; and 9

‘‘(ii) areas that will, in the case of a 10

moist forest site, accelerate development of 11

complex forest structure, including oppor-12

tunities to create spatial heterogeneity 13

(such as creating skips and gaps), in a 14

young stand that has a canopy that has— 15

‘‘(I) closed; and 16

‘‘(II) been simplified through 17

past management. 18

‘‘(C) DRY FOREST LANDSCAPE PLAN.— 19

‘‘(i) IN GENERAL.—The dry forest 20

plans described in subparagraph (A) shall 21

include— 22

‘‘(I) a landscape level plan show-23

ing the areas of any dry forest land-24

scape that will be left in a denser con-25

58

CEL13C28 S.L.C.

dition for the first 30 years after the 1

date of enactment of the Oregon and 2

California Land Grant Act of 2013; 3

‘‘(II) the areas of any dry forest 4

that may be considered for thinning 5

or restoration treatments beginning 6

on the date that is 30 years after the 7

date of enactment of the Oregon and 8

California Land Grant Act of 2013; 9

and 10

‘‘(III) areas that will, in the case 11

of a dry forest site— 12

‘‘(aa) minimize and reduce 13

the risk of unnaturally severe fire 14

and insect outbreaks, particularly 15

if critical components and values 16

are at risk, including— 17

‘‘(AA) communities in 18

the wildland-urban interface 19

(as defined in section 101 of 20

the Healthy Forests Res-21

toration Act of 2003 (16 22

U.S.C. 6511); and 23

‘‘(BB) valuable forest 24

structures, such as old 25

59

CEL13C28 S.L.C.

growth and oak savannas 1

that are in need of restora-2

tion or are in danger from 3

potential fire risk; or 4

‘‘(bb) restore historical 5

structure and composition and 6

improve fire resiliency. 7

‘‘(ii) REEVALUATION.—The areas de-8

scribed in clause (i)(I) shall be reevaluated 9

in the subsequent comprehensive environ-10

mental impact statements required under 11

section 104(a). 12

‘‘(D) COLLABORATION IN DEVELOPING 13

PLANS.—The Secretary shall develop the plans 14

described in subparagraph (A) in coordination 15

with the Director of the United States Fish and 16

Wildlife Service to ensure the plans comply with 17

the Endangered Species Act of 1973 (16 U.S.C. 18

1531 et seq.). 19

‘‘(E) DRAFT PLANS AVAILABLE FOR PUB-20

LIC COMMENT.—Not later than 150 days after 21

the date of enactment of the Oregon and Cali-22

fornia Land Grant Act of 2013, the Secretary 23

shall make a draft of the plans described in 24

60

CEL13C28 S.L.C.

subparagraph (A) available for public comment 1

for 45 days. 2

‘‘(F) INCLUSION IN THE DRAFT ENVIRON-3

MENTAL IMPACT STATEMENT.— 4

‘‘(i) IN GENERAL.—The Secretary 5

shall revise landscape plans, as the Sec-6

retary considers necessary, based on the 7

public comments received. 8

‘‘(ii) REVISED LANDSCAPE PLANS.— 9

The revised landscape plans shall be used 10

in preparing and included in whole in the 11

draft environmental impact statement de-12

veloped under the National Environmental 13

Policy Act of 1969 (42 U.S.C. 4321 et 14

seq.) and section 104(a). 15

‘‘SEC. 104. STREAMLINED PROCEDURES. 16

‘‘(a) COMPREHENSIVE ENVIRONMENTAL IMPACT 17

STATEMENT.— 18

‘‘(1) IN GENERAL.—Not later than 18 months 19

after the date of enactment of the Oregon and Cali-20

fornia Land Grant Act of 2013, the Secretary shall 21

complete— 22

‘‘(A) a large-scale comprehensive environ-23

mental impact statement in accordance with the 24

National Environmental Policy Act of 1969 (42 25

61

CEL13C28 S.L.C.

U.S.C. 4321 et seq.) for the moist forest in the 1

forestry emphasis area; and 2

‘‘(B) a large-scale comprehensive environ-3

mental impact statement in accordance with the 4

National Environmental Policy Act of 1969 (42 5

U.S.C. 4321 et seq.) for the dry forest in the 6

forestry emphasis area. 7

‘‘(2) PERIOD.—The environmental impact 8

statements required under paragraph (1) shall cover 9

the 10–year period beginning on the date on which 10

the record of decision for the environmental impact 11

statement is issued. 12

‘‘(3) INDIVIDUAL PROJECTS.—The final com-13

prehensive environmental impact statement shall be 14

used for individual projects during the 10–year pe-15

riod described in paragraph (2). 16

‘‘(4) ADDITIONAL ANALYSIS.—No additional 17

analysis under the National Environmental Policy 18

Act of 1969 (42 U.S.C. 4321 et seq.) shall be re-19

quired for individual projects under this Act unless 20

explicitly required by this Act or there exists clear 21

and convincing evidence regarding significant ad-22

verse environmental impacts of the project that were 23

not considered in the comprehensive environmental 24

impact statements. 25

62

CEL13C28 S.L.C.

‘‘(5) EFFECTIVE DATE OF EACH ENVIRON-1

MENTAL IMPACT STATEMENT.—After the initial 2

comprehensive environmental impact statement de-3

veloped under paragraph (1), each subsequent com-4

prehensive environmental impact statement shall be 5

prepared and be in effect for the 10-period begin-6

ning on the date on which the previous environ-7

mental impact statement expires. 8

‘‘(b) CRITERIA AND PARAMETERS OF THE ENVIRON-9

MENTAL IMPACT STATEMENT.— 10

‘‘(1) IN GENERAL.—Each environmental impact 11

statement developed under subsection (a) shall ana-12

lyze 3 alternatives, including— 13

‘‘(A) 1 no-action alternative; and 14

‘‘(B) 2 other alternatives that are con-15

sistent the management prescriptions and this 16

Act for the forest type. 17

‘‘(2) LIMITATIONS.— 18

‘‘(A) IN GENERAL.—The analysis of effects 19

of each environmental impact statement de-20

scribed in subsection (a)(1) shall be limited to 21

the effects of the actions authorized under sec-22

tion 103 that are consistent with the forest 23

type. 24

‘‘(B) ANALYSIS.— 25

63

CEL13C28 S.L.C.

‘‘(i) IN GENERAL.—The information 1

contained within the timber prioritization 2

plan, watershed analysis, dry forest land-3

scape plan, and moist forest landscape 4

plan shall— 5

‘‘(I) be used to develop an envi-6

ronmental impact statement described 7

in subsection (a)(1); but 8

‘‘(II) not be separately analyzed 9

in an environmental impact statement 10

described in subsection (a)(1). 11

‘‘(ii) ADDITIONAL ANALYSIS.—Not-12

withstanding the National Environmental 13

Policy Act of 1969 (42 U.S.C. 4321 et 14

seq.), no analysis that is in addition to the 15

environmental impact statement described 16

in subsection (a)(1) shall be required 17

under that Act for the timber prioritization 18

plan, watershed analysis, dry forest land-19

scape plan, and moist forest landscape 20

plan. 21

‘‘(3) AREA INCLUDED IN ENVIRONMENTAL IM-22

PACT STATEMENT.— 23

‘‘(A) IN GENERAL.—Each environmental 24

impact statement shall cover the area required 25

64

CEL13C28 S.L.C.

to be treated in section 103(d) for moist forests 1

and section 103(e) for dry forests. 2

‘‘(B) DISTRIBUTION.—The requirement 3

under subparagraph (A) shall be— 4

‘‘(i) distributed in a manner that is 5

approximately equal over the 10–year pe-6

riod; and 7

‘‘(ii) divided among the Bureau of 8

Land Management districts in a manner 9

that— 10

‘‘(I) is approximately propor-11

tional to the yield that can be pro-12

duced by those forests; and 13

‘‘(II) ensures that each Bureau 14

of Land Management district has ade-15

quate harvest and revenue to share 16

with affected counties. 17

‘‘(4) SPECIFIC ENVIRONMENTAL IMPACTS.— 18

Each environmental impact statement shall include, 19

in addition to other necessary analysis, the impacts 20

to— 21

‘‘(A) wetlands; 22

‘‘(B) municipal watersheds; 23

‘‘(C) inventoried roadless areas; 24

‘‘(D) Indian cultural sites; 25

65

CEL13C28 S.L.C.

‘‘(E) archeological sites; and 1

‘‘(F) nest trees. 2

‘‘(c) PUBLIC NOTICE AND COMMENT; CHAL-3

LENGES.— 4

‘‘(1) DEFINITIONS .—In this subsection: 5

‘‘(A) AGENCY ACTION .—The term ‘agency 6

action’ has the meaning given the term in sec-7

tion 551 of title 5, United States Code. 8

‘‘(B) COVERED AGENCY ACTION.—The 9

term ‘covered agency action’ means an agency 10

action by the Secretary relating to the manage-11

ment of the forestry emphasis areas. 12

‘‘(C) COVERED CIVIL ACTION.—The term 13

‘covered civil action’ means a civil action seek-14

ing judicial review of a covered agency action. 15

‘‘(2) PUBLIC NOTICE AND COMMENT.— 16

‘‘(A) NOTICE OF INTENT.— 17

‘‘(i) NOTICE OF INTENT.—Not later 18

than 7 days after the date of enactment of 19

the Oregon and California Land Grant Act 20

of 2013, the Secretary shall publish in the 21

Federal Register a notice of intent to pre-22

pare each of the following documents: 23

66

CEL13C28 S.L.C.

‘‘(I) Comprehensive environ-1

mental impact statement for the moist 2

forests. 3

‘‘(II) Comprehensive environ-4

mental impact statement for the dry 5

forests. 6

‘‘(III) Prioritization plan for the 7

forestry emphasis area. 8

‘‘(IV) Watershed analysis. 9

‘‘(V) Dry forest landscape plan. 10

‘‘(VI) Moist forest landscape 11

plan. 12

‘‘(ii) PUBLIC COMMENT.—During the 13

45-day period beginning on date on which 14

the notice of intent is published, the Sec-15

retary shall— 16

‘‘(I) provide an opportunity for 17

public comment for the scoping proc-18

ess; and 19

‘‘(II) solicit public comment on 20

topics to be analyzed in the draft envi-21

ronmental impact statement under 22

subparagraph (B). 23

‘‘(B) DRAFT ENVIRONMENTAL IMPACT 24

STATEMENTS.— 25

67

CEL13C28 S.L.C.

‘‘(i) IN GENERAL.—Not later than 1 1

year after the date of enactment of the Or-2

egon and California Land Grant Act of 3

2013, the Secretary shall issue the first 4

draft environmental impact statements de-5

scribed in subsection (a)(1). 6

‘‘(ii) PUBLIC COMMENT.—During the 7

60–day period beginning on the date on 8

which the draft environmental impact 9

statements are issued, the Secretary shall 10

provide an opportunity for public comment 11

on the draft environmental impact state-12

ments. 13

‘‘(iii) EXTENSIONS.—The Secretary 14

may not extend the period for public com-15

ment. 16

‘‘(iv) TOPICS.—During the period de-17

scribed in clause (ii), the public shall be 18

able to provide comment on the 19

prioritization plan, watershed analysis, dry 20

forest landscape plan, and moist forest 21

landscape plan included in the draft envi-22

ronmental impact statement. 23

‘‘(C) FINAL ENVIRONMENTAL IMPACT 24

STATEMENTS.— 25

68

CEL13C28 S.L.C.

‘‘(i) IN GENERAL.—The Secretary 1

shall issue the record of decision for the 2

final environmental impact statements— 3

‘‘(I) 45 days after the date on 4

which the final environmental impact 5

statements are issued or immediately 6

after the Secretary responds to an ob-7

jection filed under clause (ii); and 8

‘‘(II) not later than 18 months 9

after the date of enactment of the Or-10

egon and California Land Grant Act 11

of 2013. 12

‘‘(ii) OBJECTIONS.— 13

‘‘(I) IN GENERAL.—During the 14

first 30 days of the period established 15

under clause (i)(I), in lieu of any 16

other appeals that may be available, 17

any person may file an objection to 18

the final environmental impact state-19

ments in accordance with section 105 20

of the Healthy Forests Restoration 21

Act of 2003 (16 U.S.C. 6515). 22

‘‘(II) RESPONSE.—The Secretary 23

shall respond in writing to any objec-24

tion filed under subclause (I) not later 25

69

CEL13C28 S.L.C.

than 30 days after the date on which 1

the objection is filed. 2

‘‘(iii) EXCEPTION.—If the Secretary 3

determines than an objection filed under 4

clause (ii) requires a revision of the final 5

environmental impact statement, the Sec-6

retary shall— 7

‘‘(I) issue a revised final environ-8

mental impact statement as soon as 9

practicable; and 10

‘‘(II) issue a record of decision 11

not later than 30 days after the date 12

on which the revised final environ-13

mental impact statement is issued. 14

‘‘(3) JUDICIAL REVIEW.— 15

‘‘(A) VENUE.—A covered civil action may 16

only be brought in the United States District 17

Court for the District of Oregon or the United 18

States District Court for the District of Colum-19

bia. 20

‘‘(B) OBJECTIONS.—No objection to the 21

record of decision shall be considered by the 22

court that has not previously been raised in 23

writing during the agency administrative proc-24

ess. 25

70

CEL13C28 S.L.C.

‘‘(C) LIMITATION OF ACTIONS.—A covered 1

civil action shall not be maintained unless com-2

menced not later than 30 days after the date on 3

which the covered agency action to which the 4

covered civil action relates is final. 5

‘‘(D) EXPEDITED PROCEEDINGS.— 6

‘‘(i) DISCOVERY.—Discovery shall— 7

‘‘(I) commence immediately after 8

a covered civil action is commenced; 9

and 10

‘‘(II) conclude not later than 180 11

days after the date on which a covered 12

civil action is commenced. 13

‘‘(ii) TRIAL.—In any covered civil ac-14

tion, a trial shall commence not later than 15

180 days after the date on which the cov-16

ered civil action is commenced. 17

‘‘(iii) EXPEDITIOUS COMPLETION OF 18

JUDICIAL REVIEW.—Congress encourages a 19

court of competent jurisdiction to expedite, 20

to the maximum extent practicable, the 21

proceedings in a covered civil action with 22

the goal of rendering a final determination 23

on the merits of the covered civil action as 24

soon as practicable after the date on which 25

71

CEL13C28 S.L.C.

a complaint or appeal is filed to initiate 1

the action. 2

‘‘(E) APPLICABILITY OF APA.—Except as 3

provided in this section, judicial review of a cov-4

ered agency action shall be conducted in accord-5

ance with chapter 7 of title 5, United States 6

Code. 7

‘‘(F) INJUNCTIONS.— 8

‘‘(i) IN GENERAL.—Subject to clause 9

(ii), the length of any preliminary injunc-10

tion and any stay pending appeal regard-11

ing a covered agency action shall not ex-12

ceed 60 days. 13

‘‘(ii) RENEWALS.— 14

‘‘(I) IN GENERAL.—A court of 15

competent jurisdiction may issue 1 or 16

more renewals of any preliminary in-17

junction, or stay pending appeal, 18

granted under clause (i). 19

‘‘(II) UPDATES.—For each re-20

newal of an injunction under this 21

clause, the parties to the action shall 22

present the court with updated infor-23

mation on the status of the covered 24

72

CEL13C28 S.L.C.

agency action that is the basis of the 1

covered civil action. 2

‘‘(iii) BALANCING OF SHORT AND 3

LONG TERM EFFECTS.—As part of the 4

weighing of the equities while considering 5

any request for an injunction that applies 6

to the covered agency action, the court 7

shall balance the impact on the ecosystem 8

likely to be affected by the covered agency 9

action of— 10

‘‘(I) the short- and long-term ef-11

fects of undertaking the covered agen-12

cy action; and 13

‘‘(II) the short- and long-term ef-14

fects of not undertaking the covered 15

agency action. 16

‘‘(d) CONSISTENCY DOCUMENT.— 17

‘‘(1) IN GENERAL.—For each project imple-18

mented under an environmental impact statement, 19

the decision to proceed with the project shall be doc-20

umented in a consistency document, which shall in-21

clude, at a minimum— 22

‘‘(A) the record prepared, including the 23

names of interested people groups and agencies 24

contacted; 25

73

CEL13C28 S.L.C.

‘‘(B) a determination that no extraor-1

dinary circumstances exist; and 2

‘‘(C) a determination that the scope of 3

work of the project is consistent with the origi-4

nal analysis and assumptions in the record of 5

decision. 6

‘‘(2) TIME BEFORE IMPLEMENTING A 7

PROJECT.—The Secretary shall not implement a 8

project described in paragraph (1) earlier than the 9

date that is 30 days after the date on which a con-10

sistency document is made public. 11

‘‘(3) CAUSE OF ACTION.— 12

‘‘(A) IN GENERAL.—The only cause of ac-13

tion that may be brought challenging a consist-14

ency document shall be claims that the work to 15

be performed under the consistency document is 16

inconsistent with the record of decision or 17

causes adverse impacts to species not listed 18

under the Endangered Species Act of 1973 (16 19

U.S.C. 1531 et seq.) at the time the record of 20

decision was prepared but which have been list-21

ed subsequent to the record of decision. 22

‘‘(B) LIMITATION OF ACTIONS.—No cause 23

of action may be maintained under subpara-24

graph (A) unless commenced not later than 30 25

74

CEL13C28 S.L.C.

days after the date on which the consistency 1

document is issued. 2

‘‘(4) PROJECTS OUTSIDE SCOPE.—With respect 3

to work in the forestry emphasis areas that falls out-4

side the scope of the environmental impact state-5

ments prepared under this title— 6

‘‘(A) the work shall only be authorized 7

under this title for a project that does not ex-8

ceed 5,000 acres; and 9

‘‘(B) environmental analysis documents re-10

quired under the National Environmental Pol-11

icy Act of 1969 (42 U.S.C. 4321 et seq.) shall 12

be completed for that work. 13

‘‘(e) COORDINATION WITH OTHER AGENCIES; CON-14

SULTATION.— 15

‘‘(1) MULTIAGENCY COORDINATION.— 16

‘‘(A) UP-FRONT PLANNING AND CON-17

SULTATION.—Not later than 7 days after the 18

date of enactment of the Oregon and California 19

Land Grant Act of 2013, the Secretary shall in-20

vite the Director of the United States Fish and 21

Wildlife Service, the Administrator of the Na-22

tional Oceanic and Atmospheric Administration, 23

the Administrator of the Environmental Protec-24

tion Agency, the Governor of Oregon, the heads 25

75

CEL13C28 S.L.C.

or equivalent duly-elected tribal government 1

leaders of federally-recognized Indian tribes 2

with aboriginal land in the covered area, and 3

local governments in the covered area to partici-4

pate in— 5

‘‘(i) the development of any environ-6

mental impact statement necessary to 7

carry out this Act; and 8

‘‘(ii) subsequently, the revision of any 9

resource management plan necessary to 10

carry out this Act. 11

‘‘(B) ASSESSMENTS UNDER THE ENDAN-12

GERED SPECIES ACT OF 1973.— 13

‘‘(i) IN GENERAL.—Not later than 90 14

days after the date of enactment of the Or-15

egon and California Land Grant Act of 1