SECTION BY SECTION OF THE OREGON AND CALIFORNIA LAND GRANT ACT
TITLE I UNITED STATES INTERNATIONAL TRADE COMMISSION REPORT
ON WOOD AND RELATED PRODUCTS
Sec. 101. This section requires that not later than 12 months after the date of the enactment of this Act, the United States International Trade Commission shall submit to the Senate Committee on Finance and the House Committee on Ways and Means a report examining the conditions of competition in trade of wood and related products.
TITLE II TREE ACT
Sec. 201. This section includes S. 1544, the Timber Revitalization and Economic Enhancement Act of 2013. The provision provides a special tax rate of 20% for qualified timber capital gains for timber companies organized as C-corporations. The effect of this provision is to lower the top tax rate payable by a C corporation on qualified timber gain from 35% to 20%.
TITLE III MANAGEMENT ON OREGON AND CALIFORNIA RAILROAD AND COOS BAY WAGON ROAD GRANT LAND
Sec. 301. Management on Oregon and California Railroad and Coos Bay Wagon Road Grant Land.
Sec. 1. Short Title. Oregon and California Land Grant Act
Sec. 2. Definitions. This section contains definitions for this Act. Among them are: covered land : defined by map and consisting of the almost 2.4 million acres of the Oregon and California Railroad and Coos Bay Wagon Road Grant Lands managed by the Bureau of Land Management, as well as the approximately 250,000 acres of the Public Domain land managed by the Bureau of Land Management in Oregon within and adjacent to the boundaries of the Oregon and California Grant Lands old growth : a tree, alive or dead, greater than 150 years of age measured at breast height dry forestry emphasis area lands defined by map in the covered area with drier forests and intended to be managed with an emphasis on forest management moist forestry emphasis area lands defined by map in the covered area with moist forests and intended to be managed with an emphasis on forest management conservation emphasis area lands defined by map within the covered area and intended to be managed with an emphasis on conservation values
Sec. 3. Land Management. Under current law the lands enumerated above are managed under the O&C Lands Act of 1937, along with the Northwest Forest Management Plan and consistent with other environmental and land management statutes. This Act amends and replaces the O&C Lands Act of 1937, but the lands will still be managed to meet many of the original goals of the O&C Lands Act of 1937: providing for a permanent forest production; protecting watersheds and regulating stream flow; contributing to the economic stability of local communities and industries; and providing recreational facilities. Old growth trees are absolutely protected by this Act while forestry on the covered lands is directed to be implemented to protect the long-term health of the forests, wildlife, and aquatic resources using the most recent ecological forestry science based prescriptions. Nothing in this Act will modify the obligations to implement the Federal Land Policy and Management Act (FLPMA), Endangered Species Act (ESA), or the Clean Water Act (CWA). Sec. 4. Aquatic and Riparian Protection. This section requires the Secretary to carry out an aquatic conservation strategy, modeled on the successful approach undertaken in the Northwest Forest Plan. The section also establishes riparian reserves to protect the fish bearing and non- fish bearing streams on the covered lands by allowing some forestry practices but prohibiting those that would jeopardize these streams, tailored for the ecological importance of the streams in moist forestry emphasis areas, dry forestry emphasis areas and conservation emphasis areas. Sec. 5. Notice of Intent. This section makes it clear that 30 days after this bill is enacted the Secretary of the Department of the Interior shall publish a notice of his or her intent to prepare a Landscape Prioritization Plan and two draft Comprehensive Environmental Impact Statements for moist forestry, dry forestry and conservation emphasis areas. The notice of intent will receive public comment for 45 days; the preparation of these documents will be coordinated with whatever Resource Management Plan the BLM has or is developing for the covered lands and the Secretary shall sign a consultation agreement with the United States Fish and Wildlife Service, the National Oceanic and Atmospheric Administration and invite the following entities to be cooperating agencies or provide comment on the development of these documents: the Environmental Protection Agency, the State of Oregon, Federally-recognized Indian tribes with aboriginal land in the covered area, and affected local governments. Sec. 6. Landscape Prioritization Plan (LPP). This section defines the Landscape Prioritization Plan which will be made available to the public 270 days after this bill is signed into law and updated each 10 years thereafter.
The Landscape Prioritization Plan sets the framework for the projects that will be analyzed under National Environmental Policy Act (NEPA), and requires dialogue with the United States Fish and Wildlife Service and the National Oceanic and Atmospheric Administration in their development.
The subparts of the plan are divided into moist forestry emphasis areas, dry forestry emphasis areas and conservation emphasis areas as well as proposing the projects to be completed, though not in final detail, on the covered lands over the following ten years.
The public gets 60 days to comment on the LPP.
The Secretary of Interior is to incorporate the LPP into the Resource Management Plan completed under current law by the BLM.
Sec. 7. Environmental Compliance. NEPA analysis is required for projects to be performed on the covered land.
A year and a half (18 months) after this bill is signed into law the Secretary will publish two Draft (Comprehensive) Environmental Impact Statements one for the projects to occur in moist forestry emphasis areas and one for projects to occur in dry forestry emphasis areas, along with corresponding portions of the conservation emphasis areas that are near the moist or dry areas. Consultation will occur on those drafts. Each draft will analyze, at a minimum, the impacts of the proposed projects on a number of items, including the economy, aquatic resources, fish and wildlife, and recreation.
The public has 60 days to comment on the Draft.
The FINAL NEPA analysis is due two years and three months (27 months) after enactment.
The Record of Decision (ROD) for the projects is due 60 days (two months) after the Final NEPA analysis is published. However, the Secretary gets more time to publish the ROD if a pre- decisional objection is filed.
Throughout the 10 year life of the LPP, the Secretary has to give the public 30 days notice on implementation of each project but no new NEPA analysis will be required unless the project to be pursued is outside the scope of the NEPA analysis already completed.
After 5 years the Secretary shall review the NEPA analysis to ensure the projects are still in compliance with NEPA and the ESA, and amend the documents if necessary.
The NEPA analysis of projects shall be limited to 4 alternatives no action and 3 alternatives for each EIS.
Sec. 8. Objections, Claims and Judicial Review. A pre-decisional objection process is established to hear objections, in lieu of appeals, to the Final (Comprehensive) Environmental Impact Statement. Those must be filed during the 60 day period before the ROD is published and can only be filed by individuals that provided written comments to the Draft Environmental Impact Statement, which forms the basis of the Final Environmental Impact Statement. One can protest an individual project, based on limited grounds, during the 30 day notice period before the project proceeds.
Judicial review A person who filed a pre-decisional objection can file a civil action challenging agency actions relating to vegetation management work in the covered area. These can only be filed in the US District Court for Oregon or DC but only if it is filed within the 60 days following the finalization of the action being challenged. Language from the Healthy Forests Restoration Act is also included encouraging the courts to address the matter in a timely manner and balance the impacts of granting injunctions.
Sec. 9. Moist Forestry Emphasis Area. Implements principles of ecological forestry to incorporate sustainable forest management practices and, combined with management of other lands in the covered area, increase the timber produced from the covered area from the current yield of around 200 million board feet per year to approximately 300-375 million board feet per year.
Sec. 10. Dry Forestry Emphasis Area. Implements principles of ecological forestry to incorporate sustainable forest management practices and increase the timber produced from these areas while also reducing the likelihood of catastrophic forest fire.
Sec. 11. Conservation Emphasis Area. Designates areas for various conservation purposes. These include the Legacy Old Growth Protection Network, the Dry Area and Moist Area Conservation Networks, special management units, national recreation areas and other special management areas.
Sec. 12. Land Ownership Consolidations. In an effort to create more contiguous and more easily managed forest land ownership patterns, this section authorizes the Secretary to pursue federal land purchases, exchanges or sales consistent with the Federal Land Policy and Management Act of 1976 (FLPMA).
Sec. 13. Distribution of Funds. Receipts generated on covered lands will be deposited into a separate Treasury account of which $4 million each year will go to the Treasury General Fund. Of the funds remaining, they shall be used to administer this act, providing no more than 25% of receipts or $20,000,000 maximum to the Bureau of Land Management. 75% of receipts or funds exceeding Bureau of Land Managements share will be given to the counties that comprise the covered lands.
Sec. 14. Miscellaneous Provisions. A county may use any county funds to reduce fuel on O&C land within a half mile of residences if the project is consistent with this Act. A private landowner can treat any forestry emphasis land within 50 feet of their residence without a permit so long as he or she gives proper notice and the action is in accordance with this Act.
To improve the quality of fish habitat, stream improvement work is to be conducted in the covered area, including tree tipping and felling work that is to be carried out during harvest operations, and approximately $1 million annually is made available to transport and place large trees in streams.
Authorizes the Legacy Roads and Trails program for the covered lands in order to assist in road and trail repair, road decommissioning, and fish passage barrier removal. $5,000,000 is authorized for appropriation and priority for projects is to be given based on environmental sensitivity.
To discourage the cutting of old growth trees in violation of this Act, the Secretary is directed to establish a penalty system for such harvests, allowing for a de minimis harvest amount. However, if a tree over 250 years of age is cut in violation of this Act, the contractor shall pay the BLM three times the value of the tree.
At no less than 10 year intervals, the Secretary of Interior shall reevaluate and may redesignate lands that are moist or dry forests based on plant association groups that define those forest types.
Provides that nothing in this act affects exiting rights, private ownership interests, or the jurisdiction of the state regarding fish and wildlife management.
Pesticide use in the covered area must comply with requirements to ensure safe and limited use.
Creates an area of land within the covered area to be managed in consultation with Oregon State Univerity to perform scientific research and experimentation related to forest and aquatic management.
Sec. 15. Monitoring and Evaluation. Every 5 years the Secretary reviews the impacts of projects to the covered land. Every 10 years the Secretary shall prepare an adaptive management report that would submit to Congress suggestions for amending the act to reflect best available science. At least $1 million is made available for monitoring of forest health, water quality, and fish and wildlife habitat
Sec. 16. Transition. This section makes sure that existing timber contracts or restoration contracts are not disturbed by this new law.
Sec. 302. Wild and Scenic Rivers. Amends the wild and scenic rivers act to designate rivers within the O&C Lands and wild and scenic rivers.
TITLE IV TRIBAL LAND
Subtitle AOregon Coastal Land Conveyance
Sec. 401. Definitions. Provides the definitions used in this Subtitle, including: The definition of Federal land in this Subtitle means the approximately 14,804 acres of Federal land depicted on the map entitled Oregon Coastal Land Conveyance. The definition of Tribe in this Subtitle means the Confederate Tribes of Coos, Lower Umpqua, and Siuslaw Indians.
Sec. 402. Conveyance. Places the Federal land subject to this Subtitle (approximately 14,804 acres) into a trust held by the United States for the benefit of the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians, subject to valid existing rights, including rights-of-way and reciprocal rights-of-way. This section requires that the Secretary, not later than 180 days after enactment of this Act, complete a survey and establish the boundaries of the land taken into trust.
Sec. 403. Map and Legal Description. Directs that maps and legal descriptions be made for this Subtitle. The maps must be filed with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, and made available for public inspection
Sec. 404. Administration. Prohibits raw log exports according to Federal law and prohibits any use of the land for gaming.
Sec. 405. Forest Management. Requires commercial forestry activities on these lands to follow applicable federal laws including the National Indian Forest Resources Management Act. Also requires that the Tribe and the Secretary consult to develop agreements regarding access to the land taken into trust that provide for: honoring existing reciprocal right-of-way agreements; administrative access by the Bureau of Land Management; and the management of parcels acquired or developed under the Land and Water Conservation Fund Act of 1965.
The Federal land conveyed to the Tribe is not subject to the land use planning requirements of the Federal Land Policy and Management Act of 1976.
Subtitle BCanyon Mountain Land Conveyance
Sec. 411. Definitions. Provides the definitions used in this Subtitle, including: The definition of Federal land in this Subtitle means the approximately 17,826 acres of Federal land depicted on the map entitled Canyon Mountain Land Conveyance. The definition of Tribe in this Subtitle means the Cow Creek Band of Umpqua Tribe of Indians.
Sec. 412. Conveyance. Places the Federal land subject to this Subtitle (approximately 17,800 acres) into a trust held by the United States for the benefit of the Cow Creek Band of the Umpqua Tribe of Indians, subject to valid existing rights, including rights-of-way and reciprocal rights-of-way. This section requires that the Secretary, not later than 180 days after enactment of this Act, complete a survey and establish the boundaries of the land taken into trust.
Sec. 413. Map and Legal Description. Directs that maps and legal descriptions be made for this Subtitle. The maps must be filed with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, and made available for public inspection.
Sec. 414. Administration. Prohibits raw log exports according to Federal law and prohibits any use of the land for gaming. Declares that nothing in this Subtitle affects any timber sale contracts awarded as of the date of enactment of this Act.
Sec. 415. Forest Management. Requires commercial forestry activities on these lands to follow applicable federal laws including the National Indian Forest Resources Management Act.. Also requires that the Tribe and the Secretary consult to develop agreements regarding access to the land taken into trust that provide for: honoring existing reciprocal right-of-way agreements; and administrative access by the Bureau of Land Management.
The Federal land conveyed to the Tribe is not subject to the land use planning requirements of the Federal Land Policy and Management Act of 1976.
Subtitle CAmendments to Coquille Restoration Act
Sec.421. Amendments to Coquille Restoration Act. This subtitle amends the Coquille Restoration Act to clarify forestry management provisions of the tribes lands and make the laws regarding their management uniform with laws affecting other tribal forests.
TITLE V OREGON TREASURES
Subtitle AWild Rogue Wilderness Area
Sec. 501. Wild Rogue Wilderness Area. This subtitle expands the existing Wild Rogue Wilderness and adds 35 tributaries of the Rogue River to the Wild and Scenic Rivers Act.
Approximately 56,100 acres are added to the Wild Rogue Wilderness and nearly all of those acres will be managed by BLM, with the Forest Service managing roughly 100 acres. An additional 600 acres is set aside on the map as potential wilderness and is to be included as part of the Wild Rogue Wilderness as soon as the Secretary determines it is suitable for a wilderness designation. All land in this subtitle is withdrawn from mining and geothermal activities. The roughly 4,000 acres that are in the withdrawal area not in the wilderness or potential wilderness are also prohibited from the establishment of permanent roads, commercial activities, motor vehicle use, and temporary road construction. In addition to nearly 93 miles of Wild and Scenic Rivers Act designations, 20 river segments are withdrawn from hydroelectric, mining, and geothermal activities.
Subtitle BDevils Staircase Wilderness
Sec. 511. Definitions. Provides the definitions used in this Subtitle.
Sec. 512. Devils Staircase Wilderness, Oregon. This Section creates the Devils Staircase Wilderness on approximately 30,540 acres of Forest Service and Bureau of Land Management in the State of Oregon. 49 acres of administrative jurisdiction of BLM land is transferred to the Forest Service.
Sec. 513. Wild and Scenic River Designations. Wasson Creek and Franklin Creek, Oregon. This Section designates a total of 14.6 miles of river segments on the Franklin Creek and Wasson Creek as wild rivers under the Wild and Scenic Rivers Act.
Subtitle CAdditional Wild and Scenic River Designations and Technical Corrections Sec. 521. Designation of Wild and Scenic River Segments, Molalla River, Oregon. This Section Designates a 15.1 mile segment of the Molalla River and a 6.2 mile segment of the Table Rock Fork Molalla River as a recreational river under the Wild and Scenic Rivers Act. These segments are withdrawn from entry, appropriation, or disposal; mining activities; and mineral and geothermal leasing laws.
Sec. 522. Technical Corrections to the Wild and Scenic Rivers Act. This Section makes technical corrections to the existing wild and scenic river designations along the Chetco River. The wild segment increases from 25.5 miles to 27.5 miles. The scenic segment decreases from 8 miles to 7.5 miles. The recreational segment decreases from 11 to 9.5 miles. These segments are withdrawn from entry, appropriation, or disposal; mining activities; and mineral and geothermal leasing laws.