Legislation

Bill Introduced Description
H.Res.1613 Apr-18-13
STATUS: April 18, 2013.--Introduced. June 6, 2013.--Reported to House. Amended by the Committee on Natural Resources. H. Rept. 113-101, Part I. June 6, 2013.--Committee on Foreign Affairs discharged. June 6, 2013.--Committee on Financial Services discharged. June 27, 2013.--Passed House (256 - 171) (Roll no. 293). July 8, 2013.--Referred to Senate Committee on Energy and Natural Resources. October 1, 2013.--Full committee hearing held. H.R.1613 Outer Continental Shelf Transboundary Hydrocarbon Agreements Authorization Act (Referred in Senate - RFS) HR 1613 RFS 113th CONGRESS1st Session H. R. 1613IN THE SENATE OF THE UNITED STATESJuly 8, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To amend the Outer Continental Shelf Lands Act to provide for the proper Federal management and oversight of transboundary hydrocarbon reservoirs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Outer Continental Shelf Transboundary Hydrocarbon Agreements Authorization Act'. TITLE I--AMENDMENT TO THE OUTER CONTINENTAL SHELF LANDS ACT SEC. 101. AMENDMENT TO THE OUTER CONTINENTAL SHELF LANDS ACT. The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the following: `SEC. 32. TRANSBOUNDARY HYDROCARBON AGREEMENTS. `(a) Authorization- After the date of enactment of the Outer Continental Shelf Transboundary Hydrocarbon Agreements Authorization Act, the Secretary may implement the terms of any transboundary hydrocarbon agreement for the management of transboundary hydrocarbon reservoirs entered into by the President and approved by Congress. In implementing such an agreement, the Secretary shall protect the interests of the United States to promote domestic job creation and ensure the expeditious and orderly development and conservation of domestic mineral resources in accordance with all applicable United States laws governing the exploration, development, and production of hydrocarbon resources on the outer Continental Shelf. `(b) Submission to Congress- `(1) IN GENERAL- No later than 180 days after all parties to a transboundary hydrocarbon agreement have agreed to its terms, a transboundary hydrocarbon agreement that does not constitute a treaty in the judgment of the President shall be submitted by the Secretary to-- `(A) the Speaker of the House of Representatives; `(B) the Majority Leader of the Senate; `(C) the Chair of the Committee on Natural Resources of the House of Representatives; and `(D) the Chair of the Committee on Energy and Natural Resources of the Senate. `(2) CONTENTS OF SUBMISSION- The submission shall include-- `(A) any amendments to this Act or other Federal law necessary to implement the agreement; `(B) an analysis of the economic impacts such an agreement and any amendments necessitated by the agreement will have on domestic exploration, development, and production of hydrocarbon resources on the outer Continental Shelf; and `(C) a detailed description of any regulations expected to be issued by the Secretary to implement the agreement. `(c) Implementation of Specific Transboundary Agreement With Mexico- The Secretary may take actions as necessary to implement the terms of the Agreement between the United States of America and the United Mexican States Concerning Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico, signed at Los Cabos, February 20, 2012, including-- `(1) approving unitization agreements and related arrangements for the exploration, development, or production of oil and natural gas from transboundary reservoirs or geological structures; `(2) making available, in the limited manner necessary under the agreement and subject to the protections of confidentiality provided by the agreement, information relating to the exploration, development, and production of oil and natural gas from a transboundary reservoir or geological structure that may be considered confidential, privileged, or proprietary information under law; `(3) taking actions consistent with an expert determination under the agreement; and `(4) ensuring only appropriate inspection staff at the Bureau of Safety and Environmental Enforcement or other Federal agency personnel designated by the Bureau, the operator, or the lessee have authority to stop work on any installation or other device or vessel permanently or temporarily attached to the seabed of the United States, which may be erected thereon for the purpose of resource exploration, development or production activities as approved by the Secretary. `(d) Exemption From Resources Extraction Reporting Requirement- Actions taken by a public company in accordance with any transboundary hydrocarbon agreement shall not constitute the commercial development of oil, natural gas, or minerals for purposes of section 13(q) of the Securities Exchange Act of 1934 (157 U.S.C. 78m(q)). `(e) Savings Provisions- Nothing in this section shall be construed-- `(1) to authorize the Secretary to participate in any negotiations, conferences, or consultations with Cuba regarding exploration, development, or production of hydrocarbon resources in the Gulf of Mexico along the United States maritime border with Cuba or the area known by the Department of the Interior as the `Eastern Gap'; or `(2) as affecting the sovereign rights and the jurisdiction that the United States has under international law over the outer Continental Shelf which appertains to it.'. TITLE II--APPROVAL OF TRANSBOUNDARY HYDROCARBON AGREEMENT SEC. 201. APPROVAL OF AGREEMENT WITH MEXICO. The Agreement between the United States of America and the United Mexican States Concerning Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico, signed at Los Cabos, February 20, 2012, is hereby approved. Passed the House of Representatives June 27, 2013. Attest: KAREN L. HAAS, Clerk.
S.1605 Oct-29-13
STATUS: October 29, 2013.--Introduced. July 30, 2014.--Subcommittee hearing held. S.1605 For the relief of Michael G. Faber. (Introduced in Senate - IS) S 1605 IS 113th CONGRESS1st SessionS. 1605 For the relief of Michael G. Faber. IN THE SENATE OF THE UNITED STATESOctober 29, 2013 Ms. MURKOWSKI introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL For the relief of Michael G. Faber. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REINSTATEMENT TO SEALASKA CORPORATION. (a) Definitions- In this section: (1) AFFECTED INDIVIDUAL- The term `affected individual' means Michael G. Faber, who-- (A) is a former resident of the State of Alaska; and (B) was previously enrolled in Sealaska Corporation under roll number 13-752-39665-01. (2) SECRETARY- The term `Secretary' means the Secretary of the Interior. (b) Revocation of Membership in Metlakatla Indian Community- Effective on the date on which the affected individual submits written notice to the Metlakatla Indian Community revoking the membership of the affected individual in the Metlakatla Indian Community, the membership of the affected individual in the Metlakatla Indian Community shall be considered to be revoked. (c) Reinstatement- Notwithstanding any other provision of law, pursuant to section 5 of the Alaska Native Claims Settlement Act (43 U.S.C. 1604), the Secretary shall, immediately after the affected individual submits the notice under subsection (b)-- (1) reinstate the affected individual to the shareholder roll of Sealaska Corporation; and (2) ensure the provision to the affected individual of the number of shares originally allocated to the affected individual by Sealaska Corporation. (d) Effect of Section- Nothing in this section provides to the affected individual any retroactive benefit relating to membership in-- (1) Sealaska Corporation; or (2) the Metlakatla Indian Community.
S.1600 Oct-29-13
STATUS: October 29, 2013.--Introduced. November 6, 2013.--Mrs. McCaskill added as cosponsor. January 27, 2014.--Mr. Manchin added as cosponsor. January 28, 2014.--Hearing held. S.1600 Critical Minerals Policy Act of 2013 (Introduced in Senate - IS) S 1600 IS 113th CONGRESS1st SessionS. 1600 To facilitate the reestablishment of domestic, critical mineral designation, assessment, production, manufacturing, recycling, analysis, forecasting, workforce, education, research, and international capabilities in the United States, and for other purposes. IN THE SENATE OF THE UNITED STATESOctober 29, 2013 Ms. MURKOWSKI (for herself, Mr. WYDEN, Mr. UDALL of Colorado, Mr. HELLER, Mr. ENZI, Mrs. HAGAN, Mr. THUNE, Mr. COONS, Mr. HOEVEN, Ms. LANDRIEU, Mr. COATS, Mr. BEGICH, Mr. RISCH, Ms. KLOBUCHAR, Mr. BLUNT, Mr. FRANKEN, and Mr. CRAPO) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To facilitate the reestablishment of domestic, critical mineral designation, assessment, production, manufacturing, recycling, analysis, forecasting, workforce, education, research, and international capabilities in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title- This Act may be cited as the `Critical Minerals Policy Act of 2013'. (b) Table of Contents- The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--DESIGNATIONS AND POLICIES Sec. 101. Designations. Sec. 102. Policy. Sec. 103. Resource assessment. Sec. 104. Study. Sec. 105. Agency review and reports. Sec. 106. Recycling, efficiency, and supply. Sec. 107. Alternatives. Sec. 108. Analysis and forecasting. Sec. 109. Education and workforce. Sec. 110. International cooperation. TITLE II--MINERAL-SPECIFIC ACTIONS Sec. 201. Administration. Sec. 202. Cobalt. Sec. 203. Lead. Sec. 204. Lithium. Sec. 205. Thorium. Sec. 206. Nontraditional sources for rare earth elements. TITLE III--MISCELLANEOUS Sec. 301. Repeal; authorization offset. Sec. 302. Administration. Sec. 303. Authorization of appropriations. SEC. 2. DEFINITIONS. In this Act: (1) CRITICAL MINERAL- (A) IN GENERAL- The term `critical mineral' means any mineral or element designated as critical pursuant to section 101. (B) EXCLUSIONS- The term `critical mineral' does not include-- (i) fuel minerals, including oil, natural gas, or any other fossil fuels; or (ii) water, ice, or snow. (2) CRITICAL MINERAL MANUFACTURING- The term `critical mineral manufacturing' means-- (A) the production, processing, refining, alloying, separation, concentration, magnetic sintering, melting, or beneficiation of critical minerals within the United States; (B) the fabrication, assembly, or production, within the United States, of equipment, components, or other goods with energy technology-, defense-, agriculture-, consumer electronics-, or health care-related applications; or (C) any other value-added, manufacturing-related use of critical minerals undertaken within the United States. (3) INDIAN TRIBE- The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (4) MILITARY EQUIPMENT- The term `military equipment' means equipment used directly by the Armed Forces to carry out military operations. (5) RARE EARTH ELEMENT- (A) IN GENERAL- The term `rare earth element' means the chemical elements in the periodic table from lanthanum (atomic number 57) up to and including lutetium (atomic number 71). (B) INCLUSIONS- The term `rare earth element' includes the similar chemical elements yttrium (atomic number 39) and scandium (atomic number 21). (6) SECRETARY- (A) TITLE I- In title I, the term `Secretary' means the Secretary of the Interior. (B) TITLE II- In title II, the term `Secretary' means the Secretary of Energy. (7) STATE- The term `State' means-- (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; and (G) the United States Virgin Islands. TITLE I--DESIGNATIONS AND POLICIES SEC. 101. DESIGNATIONS. (a) Draft Methodology- Not later than 90 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register for public comment a draft methodology for determining which minerals qualify as critical minerals based on an assessment of whether the minerals are-- (1) subject to potential supply restrictions (including restrictions associated with foreign political risk, abrupt demand growth, military conflict, and anti-competitive or protectionist behaviors); and (2) important in use (including energy technology-, defense-, agriculture-, consumer electronics-, and health care-related applications). (b) Availability of Data- If available data is insufficient to provide a quantitative basis for the methodology developed under this section, qualitative evidence may be used to the extent necessary. (c) Final Methodology- After reviewing public comments on the draft methodology under subsection (a) and updating the draft methodology as appropriate, not later than 270 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register a description of the final methodology for determining which minerals qualify as critical minerals. (d) Designations- (1) IN GENERAL- For purposes of carrying out this title, the Secretary shall maintain a list of minerals and elements designated as critical, pursuant to the methodology under subsection (c), which shall not exceed 20 minerals and elements at any given time. (2) INITIAL LIST- Subject to paragraph (1), not later than 1 year after the date of enactment of this Act, the Secretary shall publish in the Federal Register an initial list of minerals designated as critical pursuant to the final methodology under subsection (c) for the purpose of carrying out this title. (e) Subsequent Review- (1) IN GENERAL- The Secretary shall review the methodology and designations under subsections (c) and (d) at least every 5 years, or more frequently if considered appropriate by the Secretary. (2) REVISIONS- Subject to subsection (d)(1), the Secretary may-- (A) revise the methodology described in this section; (B) determine that minerals previously determined to be critical minerals are no longer critical minerals; and (C) designate additional minerals as critical minerals. (f) Notice- On finalization of the methodology under subsection (c), the list under subsection (d), or any revision to the methodology or list under subsection (e), the Secretary shall submit to Congress written notice of the action. SEC. 102. POLICY. (a) In General- Section 3 of the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1602) is amended in the second sentence-- (1) by striking paragraph (3) and inserting the following: `(3) establish an analytical and forecasting capability for identifying critical mineral demand, supply, and other market dynamics relevant to policy formulation to allow informed actions to be taken to avoid supply shortages, mitigate price volatility, and prepare for demand growth and other market shifts;'; (2) in paragraph (6), by striking `and' after the semicolon at the end; (3) in paragraph (7), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: `(8) encourage Federal agencies to facilitate the availability, development, and environmentally responsible production of domestic resources to meet national critical material or mineral needs; `(9) avoid duplication of effort, prevent unnecessary paperwork, and minimize unnecessary delays in the administration of applicable laws (including regulations) and the issuance of permits and authorizations necessary to explore for, develop, and produce critical minerals and to construct critical mineral manufacturing facilities in accordance with applicable environmental and land management laws; `(10) strengthen educational and research capabilities and workforce training; `(11) bolster international cooperation through technology transfer, information sharing, and other means; `(12) promote the efficient production, use, and recycling of critical minerals; `(13) develop alternatives to critical minerals; and `(14) establish contingencies for the production of, or access to, critical minerals for which viable sources do not exist within the United States.'. (b) Conforming Amendment- Section 2(b) of the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1601(b)) is amended by striking `(b) As used in this Act, the term' and inserting the following: `(b) Definitions- In this Act: `(1) CRITICAL MINERAL- The term `critical mineral' means any mineral designated as a critical mineral pursuant to section 101 of the Critical Minerals Policy Act of 2013. `(2) MATERIALS- The term'. SEC. 103. RESOURCE ASSESSMENT. (a) In General- Not later than 4 years after the date of enactment of this Act, in consultation with applicable State (including geological surveys), local, academic, industry, and other entities, the Secretary shall complete, using established resource assessment methodologies and authorities of the United States Geological Survey, a comprehensive national assessment of each critical mineral that-- (1) identifies and quantifies known critical mineral resources, using all available public and private information and datasets, including exploration histories; (2) estimates the cost of production of the critical mineral resources identified and quantified under this section, using all available public and private information and datasets, including exploration histories; (3) provides a quantitative and qualitative assessment of undiscovered critical mineral resources throughout the United States on land available for mineral production, including probability estimates of tonnage and grade, using all available public and private information and datasets, including exploration histories; and (4) provides qualitative information on the environmental attributes of the critical mineral resources identified under this section. (b) Supplementary Information- In carrying out this section, the Secretary (acting through the Director of the United States Geological Survey) may carry out, consistent with applicable law, surveys necessary or appropriate to supplement existing information and datasets available for determining the existence of critical minerals in the United States. (c) Technical Assistance- At the request of the Governor of a State or the head of an Indian tribe, the Secretary may provide technical assistance to State governments and Indian tribes conducting critical mineral resource assessments on non-Federal land. (d) Prioritization- (1) IN GENERAL- The Secretary may sequence the completion of resource assessments for each critical mineral such that critical minerals considered to be most critical under the methodology established under section 101 are completed first. (2) REPORTING- During the period beginning not later than 1 year after the date of enactment of this Act and ending on date of the completion of all of the assessments required under this section, the Secretary shall submit to Congress on an annual basis an interim report that-- (A) identifies the sequence and schedule for completion of the assessments if the Secretary sequences the assessments; or (B) describes the progress of the assessments if the Secretary does not sequence the assessments. (e) Updates- The Secretary may periodically update the assessment conducted under this section based on-- (1) the generation of new information or datasets by the Federal Government; or (2) the receipt of new information or datasets from critical mineral producers, State geological surveys, academic institutions, trade associations, or other entities or individuals. SEC. 104. STUDY. The Secretary shall enter into an arrangement with the National Academy of Sciences (referred to in this section as the `Academy') under which the Academy shall provide an update of the 1999 report of the Academy entitled `Hardrock Mining on Federal Lands', prepared pursuant to section 120 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681-257), including an examination of-- (1) regulatory changes implemented since 1999 and the extent to which the changes address recommendations made in the report; (2) additional steps that can be taken-- (A) to improve the quality and timeliness of final decisions on applications, operating plans, leases, licenses, permits, and other use authorizations for hardrock mining activities on Federal land; (B) to prevent unnecessary or undue degradation of Federal land; and (C) to improve inspection and enforcement of hardrock mine and related sites on Federal land; and (3) the number and location of abandoned hardrock mines. SEC. 105. AGENCY REVIEW AND REPORTS. (a) Performance Improvements- To improve the quality and timeliness of decisions, the Secretary (acting through the Director of the Bureau of Land Management) and the Secretary of Agriculture (acting through the Chief of the Forest Service) (referred to in this section as the `Secretaries') shall, to the maximum extent practicable, with respect to critical mineral production on Federal land-- (1) ensure that Federal permitting and review processes inform decisionmakers and affected communities about the potential positive and negative impacts of proposed mining activities; (2) ensure that mining activities are carried out in a manner that is consistent with protecting the public health, welfare, safety, national security, and environment of the United States; and (3) execute Federal permitting and review processes, consistent with available resources, with maximum efficiency and effectiveness, while ensuring the health, safety, and security of communities and the environment and supporting vital economic growth, by-- (A) setting and adhering to timelines and schedules for completion of reviews and for inspection and enforcement activities; (B) setting clear permitting performance goals and tracking progress against those goals; (C) encouraging early collaboration among agencies, project sponsors, and affected stakeholders to incorporate and address their interests and minimize delays; (D) providing for transparency and accountability by using cost-effective information technology to collect and disseminate information about individual projects and agency performance; (E) achieving early and active consultation with State, local, and tribal governments to avoid conflicts or duplication of effort, resolve concerns, and allow for concurrent rather than sequential reviews; (F) providing demonstrable improvements in the performance of Federal permitting and review processes, including lower costs, more timely decisions, and a healthier and cleaner environment; (G) expanding and institutionalizing permitting and review process improvements that have proven effective; (H) developing mechanisms to better communicate priorities and resolve disputes among agencies at the national and regional levels; and (I) developing other practices, such as pre-application procedures. (b) Review and Report- Not later than 180 days after the date of receipt of the report of the study under section 104, the Secretaries shall submit to Congress a report that-- (1) describes the recommendations from the study under section 104 that the Secretaries have existing legal authority for and intend to implement, including estimated timelines for the implementation; (2) identifies additional measures (including regulatory and legislative proposals, as appropriate) that would-- (A) increase the effectiveness and operational efficiency of agency management of permitting activities for the exploration and development of domestic critical minerals; and (B) improve the effectiveness of environmental analysis and inspection and enforcement activities relating to critical mineral-related activities on Federal land; (3) identifies options (including cost recovery paid by applicants) for ensuring adequate staffing (including training programs) of Federal entities responsible for-- (A) the consideration of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land; and (B) environmental analysis and inspection and enforcement activities with respect to the critical mineral-related activities; (4) in coordination with the heads of other appropriate Federal agencies, assesses whether Federal laws (including regulations and tax provisions) or policies are adversely affecting or are enhancing the global competitiveness of, or investment in, the domestic critical minerals industry, including the critical minerals manufacturing industry; (5) quantifies the amount of time typically required to complete each step associated with the development and processing of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land; and (6) describes actions taken pursuant to subsection (a). (c) Annual Reports- Beginning with the first budget submission by the President under section 1105 of title 31, United States Code, after submission to Congress of the report under subsection (b), and for the next 10 annual budget submissions thereafter, the Secretaries shall submit to Congress a report on-- (1) the implementation of recommendations, measures, and options identified in paragraphs (1) through (3) of subsection (b); (2) achievement of, or progress towards, the target levels of performance developed under subsection (d); (3) actions taken under subsection (a); and (4) the quantity, type, and estimated value (by mineral type) of-- (A) critical minerals produced on Federal land; and (B) all hardrock minerals produced on Federal land. (d) Metrics of Agency Performance- (1) ESTABLISHMENT- Not later than 180 days after the date of the submission of the report under subsection (b), the Secretaries, after public notice and comment, shall develop and publish target levels of performance for agency management of activities associated with the exploration for and development of domestic critical minerals in accordance with applicable laws, against which actual achievement or progress can be compared, in-- (A) the timeliness of decisions, taking into consideration the evaluation described in subsection (b)(5); (B) cost savings; and (C) improved health and environmental performance. (2) INCORPORATION IN ANNUAL PERFORMANCE PLANS- The Secretaries shall use the target levels of performance under paragraph (1) as performance goals in the appropriate agency performance plans under section 1115 of title 31, United States Code. (e) Judicial Review- (1) IN GENERAL- Nothing in this section affects the judicial review of an agency action under any provision of law. (2) CONSTRUCTION- This section-- (A) is intended to improve the internal management of the Federal Government; and (B) does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States (including an agency, instrumentality, officer, or employee) or any other person. (f) Administration- Nothing in this section relieves the Secretary of the Interior or the Secretary of Agriculture of any obligation or duty under any other applicable law (including regulations). SEC. 106. RECYCLING, EFFICIENCY, AND SUPPLY. (a) Establishment- The Secretary of Energy shall conduct a program of research and development to promote the efficient production, use, and recycling of critical minerals throughout the supply chain. (b) Cooperation- In carrying out the program, the Secretary of Energy shall cooperate with appropriate-- (1) Federal agencies and National Laboratories; (2) critical mineral producers; (3) critical mineral processors; (4) critical mineral manufacturers; (5) trade associations; (6) academic institutions; (7) small businesses; and (8) other relevant entities or individuals. (c) Activities- Under the program, the Secretary of Energy shall carry out activities that include the identification and development of-- (1) advanced critical mineral extraction, production, separation, alloying, or processing technologies that decrease the energy consumption, environmental impact, and costs of those activities, including-- (A) efficient water and wastewater management strategies; (B) technologies and management strategies to control the environmental impacts of radionuclides in ore tailings; and (C) technologies for separation and processing; (2) technologies or process improvements that minimize the use, or lead to more efficient use, of critical minerals across the full supply chain; (3) technologies, process improvements, or design optimizations that facilitate the recycling of critical minerals, and options for improving the rates of collection of products and scrap containing critical minerals from post-consumer, industrial, or other waste streams; (4) commercial markets, advanced storage methods, energy applications, and other beneficial uses of critical minerals processing byproducts; and (5) alternative minerals, metals, and materials, particularly those available in abundance within the United States and not subject to potential supply restrictions, that lessen the need for critical minerals. (d) Report- Not later than 3 years after the date of enactment of this Act, the Secretary of Energy shall submit to Congress a report summarizing the activities, findings, and progress of the program. SEC. 107. ALTERNATIVES. (a) Establishment- The Secretary of Energy shall conduct a program of research, development, demonstration, and commercial application to promote the development of alternatives to critical minerals. (b) Cooperation- In carrying out the program, the Secretary of Energy shall cooperate with appropriate-- (1) Federal agencies (including National Laboratories); (2) critical mineral producers; (3) critical mineral manufacturers; (4) trade associations; (5) academic institutions; (6) small businesses; and (7) other relevant entities or individuals. (c) Activities- To lessen the need for critical minerals, the program under this section shall carry out activities that include the identification and development of-- (1) alternative minerals, metals, and minerals used in energy technologies, particularly those that are available in abundance in the United States and are not subject to potential supply restrictions; and (2) alternative energy technologies or alternative designs of existing energy technologies, particularly those that use minerals in abundance in the United States and are not subject to potential supply restrictions. (d) Report- Not later than 3 years after the date of enactment of this Act, the Secretary of Energy shall submit to Congress a report summarizing the activities, findings, and progress of the program under this section. SEC. 108. ANALYSIS AND FORECASTING. (a) Capabilities- In order to evaluate existing critical mineral policies and inform future actions that may be taken to avoid supply shortages, mitigate price volatility, and prepare for demand growth and other market shifts, the Secretary, in consultation with academic institutions, the Energy Information Administration, and others in order to maximize the application of existing competencies related to developing and maintaining computer-models and similar analytical tools, shall conduct and publish the results of an annual report that includes-- (1) as part of the annually published Mineral Commodity Summaries from the United States Geological Survey, a comprehensive review of critical mineral production, consumption, and recycling patterns, including-- (A) the quantity of each critical mineral domestically produced during the preceding year; (B) the quantity of each critical mineral domestically consumed during the preceding year; (C) market price data for each critical mineral; (D) an assessment of-- (i) critical mineral requirements to meet the national security, energy, economic, industrial, technological, and other needs of the United States during the preceding year; (ii) the reliance of the United States on foreign sources to meet those needs during the preceding year; and (iii) the implications of any supply shortages, restrictions, or disruptions during the preceding year; (E) the quantity of each critical mineral domestically recycled during the preceding year; (F) the market penetration during the preceding year of alternatives to each critical mineral; (G) a discussion of applicable international trends associated with the discovery, production, consumption, use, costs of production, prices, and recycling of each critical mineral as well as the development of alternatives to critical minerals; and (H) such other data, analyses, and evaluations as the Secretary finds are necessary to achieve the purposes of this section; and (2) a comprehensive forecast, entitled the `Annual Critical Minerals Outlook', of projected critical mineral production, consumption, and recycling patterns, including-- (A) the quantity of each critical mineral projected to be domestically produced over the subsequent 1-year, 5-year, and 10-year periods; (B) the quantity of each critical mineral projected to be domestically consumed over the subsequent 1-year, 5-year, and 10-year periods; (C) market price projections for each critical mineral, to the maximum extent practicable and based on the best available information; (D) an assessment of-- (i) critical mineral requirements to meet projected national security, energy, economic, industrial, technological, and other needs of the United States; (ii) the projected reliance of the United States on foreign sources to meet those needs; and (iii) the projected implications of potential supply shortages, restrictions, or disruptions; (E) the quantity of each critical mineral projected to be domestically recycled over the subsequent 1-year, 5-year, and 10-year periods; (F) the market penetration of alternatives to each critical mineral projected to take place over the subsequent 1-year, 5-year, and 10-year periods; (G) a discussion of reasonably foreseeable international trends associated with the discovery, production, consumption, use, costs of production, prices, and recycling of each critical mineral as well as the development of alternatives to critical minerals; and (H) such other projections relating to each critical mineral as the Secretary determines to be necessary to achieve the purposes of this section. (b) Proprietary Information- In preparing a report described in subsection (a), the Secretary shall ensure, consistent with section 5(f) of the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1604(f)), that-- (1) no person uses the information and data collected for the report for a purpose other than the development of or reporting of aggregate data in a manner such that the identity of the person who supplied the information is not discernible and is not material to the intended uses of the information; (2) no person discloses any information or data collected for the report unless the information or data has been transformed into a statistical or aggregate form that does not allow the identification of the person who supplied particular information; and (3) procedures are established to require the withholding of any information or data collected for the report if the Secretary determines that withholding is necessary to protect proprietary information, including any trade secrets or other confidential information. SEC. 109. EDUCATION AND WORKFORCE. (a) Workforce Assessment- Not later than 1 year and 300 days after the date of enactment of this Act, the Secretary of Labor (in consultation with the Secretary of the Interior, the Director of the National Science Foundation, and employers in the critical minerals sector) shall submit to Congress an assessment of the domestic availability of technically trained personnel necessary for critical mineral assessment, production, manufacturing, recycling, analysis, forecasting, education, and research, including an analysis of-- (1) skills that are in the shortest supply as of the date of the assessment; (2) skills that are projected to be in short supply in the future; (3) the demographics of the critical minerals industry and how the demographics will evolve under the influence of factors such as an aging workforce; (4) the effectiveness of training and education programs in addressing skills shortages; (5) opportunities to hire locally for new and existing critical mineral activities; (6) the sufficiency of personnel within relevant areas of the Federal Government for achieving the policies described in section 3 of the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1602); and (7) the potential need for new training programs to have a measurable effect on the supply of trained workers in the critical minerals industry. (b) Curriculum Study- (1) IN GENERAL- The Secretary and the Secretary of Labor shall jointly enter into an arrangement with the National Academy of Sciences and the National Academy of Engineering under which the Academies shall coordinate with the National Science Foundation on conducting a study-- (A) to design an interdisciplinary program on critical minerals that will support the critical mineral supply chain and improve the ability of the United States to increase domestic, critical mineral exploration, development, and manufacturing; (B) to address undergraduate and graduate education, especially to assist in the development of graduate level programs of research and instruction that lead to advanced degrees with an emphasis on the critical mineral supply chain or other positions that will increase domestic, critical mineral exploration, development, and manufacturing; (C) to develop guidelines for proposals from institutions of higher education with substantial capabilities in the required disciplines to improve the critical mineral supply chain and advance the capacity of the United States to increase domestic, critical mineral exploration, development, and manufacturing; and (D) to outline criteria for evaluating performance and recommendations for the amount of funding that will be necessary to establish and carry out the grant program described in subsection (c). (2) REPORT- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a description of the results of the study required under paragraph (1). (c) Grant Program- (1) ESTABLISHMENT- The Secretary and the National Science Foundation shall jointly conduct a competitive grant program under which institutions of higher education may apply for and receive 4-year grants for-- (A) startup costs for newly designated faculty positions in integrated critical mineral education, research, innovation, training, and workforce development programs consistent with subsection (b); (B) internships, scholarships, and fellowships for students enrolled in programs related to critical minerals; and (C) equipment necessary for integrated critical mineral innovation, training, and workforce development programs. (2) RENEWAL- A grant under this subsection shall be renewable for up to 2 additional 3-year terms based on performance criteria outlined under subsection (b)(1)(D). SEC. 110. INTERNATIONAL COOPERATION. (a) Establishment- The Secretary of State, in coordination with the Secretary and the Secretary of Energy, shall carry out a program to promote international cooperation on critical mineral supply chain issues with allies of the United States. (b) Activities- Under the program, the Secretary of State may work with allies of the United States-- (1) to increase the global, responsible production of critical minerals, if a determination is made by the Secretary of State that there is no viable production capacity for the critical minerals within the United States; (2) to improve the efficiency and environmental performance of extraction techniques; (3) to increase the recycling of, and deployment of alternatives to, critical minerals; (4) to assist in the development and transfer of critical mineral extraction, processing, and manufacturing technologies that would have a beneficial impact on world commodity markets and the environment; (5) to strengthen and maintain intellectual property protections; and (6) to facilitate the collection of information necessary for analyses and forecasts conducted pursuant to section 108. TITLE II--MINERAL-SPECIFIC ACTIONS SEC. 201. ADMINISTRATION. Nothing in this title or an amendment made by this title affects the methodology or designations established under section 101. SEC. 202. COBALT. (a) Authorization- The Secretary shall support research programs that focus on novel uses for cobalt (including energy technologies and super-alloys), including-- (1) use in energy technologies (including, for purposes of this section, rechargeable batteries, catalysts, photovoltaic cells, permanent magnets, and fuel cells); (2) use in alloys with military equipment, civil aviation, and electricity generation applications; and (3) use as coal-to-gas and coal-to-liquid catalysts. (b) Categories- Research under this section shall be conducted in-- (1) a fundamental category, including laboratory and literature research; and (2) an applied category, including plant and field research. (c) Report- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report describing-- (1) the research programs carried out under this section; (2) the findings of the programs; and (3) future research efforts planned. SEC. 203. LEAD. (a) In General- The Secretary shall support research programs that focus on advanced lead manufacturing processes, including programs that-- (1) contribute to the establishment of a secure, domestic supply of lead; (2) produce technologies that represent an environmental improvement compared to conventional production processes; or (3) produce technologies that attain a higher efficiency level compared to conventional production processes. (b) Coordination- In carrying out the programs under subsection (a), the Secretary shall coordinate with other entities to promote the development of environmentally responsible lead manufacturing, including-- (1) other Federal agencies; (2) States with affected interests; (3) manufacturers; (4) energy technology manufacturers, including producers of batteries and other energy storage technologies; and (5) any others considered appropriate by the Secretary. SEC. 204. LITHIUM. Subtitle E of title VI of the Energy Independence and Security Act of 2007 (42 U.S.C. 17241 et seq.) is amended by adding at the end the following: `SEC. 657. GRANTS FOR LITHIUM PRODUCTION RESEARCH AND DEVELOPMENT. `(a) Definition of Eligible Entity- In this section, the term `eligible entity' means-- `(1) a private partnership or other entity that is-- `(A) organized in accordance with Federal law; and `(B) engaged in lithium production for use in advanced battery technologies; `(2) a public entity, such as a State, tribal, or local governmental entity; or `(3) a consortium of entities described in paragraphs (1) and (2). `(b) Grants- The Secretary shall provide grants to eligible entities for research, development, demonstration, and commercial application of domestic industrial processes that are designed to enhance domestic lithium production for use in advanced battery technologies, as determined by the Secretary. `(c) Use- An eligible entity shall use a grant provided under this section to develop or enhance-- `(1) domestic industrial processes that increase lithium production, processing, or recycling for use in advanced lithium batteries; or `(2) industrial processes associated with new formulations of lithium feedstock for use in advanced lithium batteries.'. SEC. 205. THORIUM. (a) Study- The Secretary, in consultation with the Nuclear Regulatory Commission, shall conduct a study on the technical, economic, and policy issues (including nonproliferation) associated with establishing a licensing pathway for the complete thorium nuclear fuel cycle (including mining, milling, processing, fabrication, reactors, disposal, and decommissioning) that-- (1) identifies the gaps in the technical knowledge that could lead to a licensing pathway; and (2) considers technologies and applications for any thorium byproducts of critical mineral production or processing. (b) Cooperation- In conducting the study under subsection (a), the Secretary shall cooperate with appropriate-- (1) trade associations; (2) equipment manufacturers; (3) National Laboratories; (4) institutions of higher education; and (5) other applicable entities. (c) Report- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report summarizing the findings of the study. SEC. 206. NONTRADITIONAL SOURCES FOR RARE EARTH ELEMENTS. (a) In General- The Secretary shall conduct a program to identify, research, and develop rare earth elements from nontraditional sources that-- (1) identifies and assesses the technological feasibility of extracting rare earth elements from nontraditional sources; (2) develops advanced rare earth element processing technologies to increase the economic viability and improve the environmental impact of recovering rare earth elements from identified nontraditional sources; and (3) provides technical assistance to industrial partners to develop and demonstrate rare earth element recovery from identified nontraditional sources. (b) Report- Not later than 2 years after the date of enactment of this Act the Secretary shall submit to Congress a report summarizing the activities, findings, and progress of the program. TITLE III--MISCELLANEOUS SEC. 301. REPEAL; AUTHORIZATION OFFSET. (a) Repeal- (1) IN GENERAL- The National Critical Materials Act of 1984 (30 U.S.C. 1801 et seq.) is repealed. (2) CONFORMING AMENDMENT- Section 3(d) of the National Superconductivity and Competitiveness Act of 1988 (15 U.S.C. 5202(d)) is amended in the first sentence by striking `, with the assistance of the National Critical Materials Council as specified in the National Critical Materials Act of 1984 (30 U.S.C. 1801 et seq.),'. (b) Authorization Offset- Section 207(c) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17022(c)) is amended by inserting before the period at the end the following: `, except that the amount authorized to be appropriated to carry out this section not appropriated as of the date of enactment of the Critical Minerals Policy Act of 2013 shall be reduced by $60,000,000'. SEC. 302. ADMINISTRATION. Nothing in this Act or an amendment made by this Act modifies any requirement or authority provided by the matter under the heading `GEOLOGICAL SURVEY' of the first section of the Act of March 3, 1879 (43 U.S.C. 31(a)). SEC. 303. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act and the amendments made by this Act $60,000,000, of which-- (1) $2,000,000 may be used to carry out section 101, to remain available until expended; (2) $20,000,000 may be used to carry out the amendment made by section 103, to remain available until expended; (3) $2,000,000 may be used to carry out section 104, to remain available until expended; (4) $8,000,000 may be used to carry out section 105, to remain available until expended; (5) $1,5000,000 for each of fiscal years 2014 and 2015 may be used to carry out each of sections 106 and 107, to remain available until expended; (6) $4,000,000 for each of fiscal years 2014 and 2015 may be used to carry out section 108, to remain available until expended; (7) $2,000,000 for each of fiscal years 2014 and 2015 may be used to carry out section 109, to remain available until expended; (8) $500,000 for each of fiscal years 2014 and 2015 may be used to carry out section 110, to remain available until expended; (9) $1,000,000 for each of fiscal years 2014 and 2015 may be used to carry out each of sections 202, 203, 204, and 206 and the amendments made by those sections; and (10) $1,000,000 may be used to carry out section 205, to remain available until expended.
S.1572 Oct-15-13
STATUS: October 15, 2013.--Introduced. October 16, 2013.--Mr. Bennet and Mr. Udall of Colorado added as cosponsors. S.1572 Protecting States, Opening National Parks Act (Introduced in Senate - IS) S 1572 IS 113th CONGRESS1st SessionS. 1572 To direct the Secretary of the Treasury to reimburse States that use State funds to operate National Parks during the Federal Government shutdown, and for other purposes. IN THE SENATE OF THE UNITED STATESOctober 15, 2013 Mr. ALEXANDER (for himself and Mr. HATCH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To direct the Secretary of the Treasury to reimburse States that use State funds to operate National Parks during the Federal Government shutdown, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Protecting States, Opening National Parks Act'. SEC. 2. REIMBURSEMENT FOR COSTS TO STATES TO OPEN NATIONAL PARKS TO THE PUBLIC. (a) In General- Not later than 90 days after funds are made available, the Secretary of the Treasury, using funds in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of government for the fiscal year 2014, shall reimburse any State for activities described in subsection (b). (b) Activities Eligible for Reimbursement- The Secretary of the Treasury shall reimburse States under subsection (a) for State funds expended for activities that meet all of the following criteria: (1) The activity was conducted in fiscal year 2014 during a time when the Federal Government was not conducting that activity due to the partial shutdown of the Federal Government. (2) The activity was necessary to operate and open to the public a National Park located, in whole or in part, within the State. (3) The activity was authorized under Federal law. (4) The activity was conducted in a manner and at a level not substantially greater in scope or cost than how the activity would have been conducted by the Federal Government. (5) The activity is not a settlement of or defense against a claim of liability on the part of the State.
S.1563 Sep-30-13
STATUS: September 30, 2013.--Introduced. S.1563 Biofuels Market Expansion Act of 2013 (Introduced in Senate - IS) S 1563 IS 113th CONGRESS1st SessionS. 1563 To provide for the expansion of the biofuels market. IN THE SENATE OF THE UNITED STATESSeptember 30, 2013 Mr. HARKIN (for himself, Mr. FRANKEN, Mr. JOHNSON of South Dakota, and Ms. KLOBUCHAR) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the expansion of the biofuels market. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Biofuels Market Expansion Act of 2013'. SEC. 2. PROHIBITION ON RESTRICTION OF INSTALLATION OF RENEWABLE FUEL PUMPS. Section 107(a)(1) of the Petroleum Marketing Practices Act (15 U.S.C. 2807(a)(1)) is amended by striking subparagraph (A) and inserting the following: `(A) which is not less than 10 percent ethanol by volume; or'. SEC. 3. ENSURING THE AVAILABILITY OF DUAL FUELED AUTOMOBILES AND LIGHT DUTY TRUCKS. (a) In General- Chapter 329 of title 49, United States Code, is amended by inserting after section 32902 the following: `Sec. 32902A. Requirement to manufacture dual fueled automobiles and light duty trucks `(a) In General- For each model year listed in the following table, each manufacturer shall ensure that the percentage of automobiles and light duty trucks manufactured by the manufacturer for sale in the United States that are dual fueled automobiles and light duty trucks is not less than the percentage set forth for that model year in the following table: `Model yearPercentage Model years 2015 and 2016 --50 percent Model year 2017 and each subsequent model year --90 percent. `(b) Exception- Subsection (a) shall not apply to automobiles or light duty trucks that operate only on electricity.'. (b) Clerical Amendment- The table of sections for chapter 329 of title 49, United States Code, is amended by inserting after the item relating to section 32902 the following: `32902A. Requirement to manufacture dual fueled automobiles and light duty trucks.'. (c) Rulemaking- Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall prescribe regulations to carry out the amendments made by this Act. SEC. 4. BLENDER PUMP PROMOTION. (a) Blender Pump Grant Program- (1) DEFINITIONS- In this subsection: (A) BLENDER PUMP- The term `blender pump' means an automotive fuel dispensing pump capable of dispensing at least 3 different blends of gasoline and ethanol, as selected by the pump operator, including blends ranging from 0 percent ethanol to 85 percent denatured ethanol, as determined by the Secretary. (B) E-85 FUEL- The term `E-85 fuel' means a blend of gasoline approximately 85 percent of the content of which is ethanol. (C) ETHANOL FUEL BLEND- The term `ethanol fuel blend' means a blend of gasoline and ethanol, with a minimum of 0 percent and maximum of 85 percent of the content of which is denatured ethanol. (D) MAJOR FUEL DISTRIBUTOR- (i) IN GENERAL- The term `major fuel distributor' means any person that owns a refinery or directly markets the output of a refinery. (ii) EXCLUSION- The term `major fuel distributor' does not include any person that directly markets through less than 50 retail fueling stations. (E) SECRETARY- The term `Secretary' means the Secretary of Energy. (2) GRANTS- The Secretary shall make grants under this subsection to eligible facilities (as determined by the Secretary) to pay the Federal share of-- (A) installing blender pump fuel infrastructure, including infrastructure necessary for the direct retail sale of ethanol fuel blends (including E-85 fuel), including blender pumps and storage tanks; and (B) providing subgrants to direct retailers of ethanol fuel blends (including E-85 fuel) for the purpose of installing fuel infrastructure for the direct retail sale of ethanol fuel blends (including E-85 fuel), including blender pumps and storage tanks. (3) LIMITATION- A major fuel distributor shall not be eligible for a grant or subgrant under this subsection. (4) FEDERAL SHARE- The Federal share of the cost of a project carried out under this subsection shall be up to 50 percent of the total cost of the project. (5) REVERSION- If an eligible facility or retailer that receives a grant or subgrant under this subsection does not offer ethanol fuel blends for sale for at least 2 years during the 4-year period beginning on the date of installation of the blender pump, the eligible facility or retailer shall be required to repay to the Secretary an amount determined to be appropriate by the Secretary, but not more than the amount of the grant provided to the eligible facility or retailer under this subsection. (6) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary to carry out this subsection, to remain available until expended-- (A) $50,000,000 for fiscal year 2014; (B) $100,000,000 for fiscal year 2015; (C) $200,000,000 for fiscal year 2016; (D) $300,000,000 for fiscal year 2017; and (E) $350,000,000 for fiscal year 2018. (b) Installation of Blender Pumps by Major Fuel Distributors at Owned Stations and Branded Stations- Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended by adding at the end the following: `(13) INSTALLATION OF BLENDER PUMPS BY MAJOR FUEL DISTRIBUTORS AT OWNED STATIONS AND BRANDED STATIONS- `(A) DEFINITIONS- In this paragraph: `(i) E-85 FUEL- The term `E-85 fuel' means a blend of gasoline approximately 85 percent of the content of which is ethanol. `(ii) ETHANOL FUEL BLEND- The term `ethanol fuel blend' means a blend of gasoline and ethanol, with a minimum of 0 percent and maximum of 85 percent of the content of which is denatured ethanol. `(iii) MAJOR FUEL DISTRIBUTOR- `(I) IN GENERAL- The term `major fuel distributor' means any person that owns a refinery or directly markets the output of a refinery. `(II) EXCLUSION- The term `major fuel distributor' does not include any person that directly markets through less than 50 retail fueling stations. `(iv) SECRETARY- The term `Secretary' means the Secretary of Energy, acting in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Agriculture. `(B) REGULATIONS- The Secretary shall promulgate regulations to ensure that each major fuel distributor that sells or introduces gasoline into commerce in the United States through majority-owned stations or branded stations installs or otherwise makes available one or more blender pumps that dispense E-85 fuel and ethanol fuel blends (including any other equipment necessary, such as tanks, to ensure that the pumps function properly) for a period of not less than 5 years at not less than the applicable percentage of the majority-owned stations and the branded stations of the major fuel distributor specified in subparagraph (C). `(C) APPLICABLE PERCENTAGE- For the purpose of subparagraph (B), the applicable percentage of the majority-owned stations and the branded stations shall be determined in accordance with the following table: `Applicable percentage of majority-owned stations and branded stations Calendar year:Percent: 2016 --10 2018 --20 2020 --35 2022 and each calendar year thereafter --50. `(D) GEOGRAPHIC DISTRIBUTION- `(i) IN GENERAL- Subject to clause (ii), in promulgating regulations under subparagraph (B), the Secretary shall ensure that each major fuel distributor described in that subparagraph installs or otherwise makes available one or more blender pumps that dispense E-85 fuel and ethanol fuel blends at not less than a minimum percentage (specified in the regulations) of the majority-owned stations and the branded stations of the major fuel distributors in each State. `(ii) REQUIREMENT- In specifying the minimum percentage under clause (i), the Secretary shall ensure that each major fuel distributor installs or otherwise makes available one or more blender pumps described in that clause in each State in which the major fuel distributor operates. `(E) FINANCIAL RESPONSIBILITY- In promulgating regulations under subparagraph (B), the Secretary shall ensure that each major fuel distributor described in that subparagraph assumes full financial responsibility for the costs of installing or otherwise making available the blender pumps described in that subparagraph and any other equipment necessary (including tanks) to ensure that the pumps function properly. `(F) PRODUCTION CREDITS FOR EXCEEDING BLENDER PUMPS INSTALLATION REQUIREMENT- `(i) EARNING AND PERIOD FOR APPLYING CREDITS- If the percentage of the majority-owned stations and the branded stations of a major fuel distributor at which the major fuel distributor installs blender pumps in a particular calendar year exceeds the percentage required under subparagraph (C), the major fuel distributor shall earn credits under this paragraph, which may be applied to any of the 3 consecutive calendar years immediately after the calendar year for which the credits are earned. `(ii) TRADING CREDITS- Subject to clause (iii), a major fuel distributor that has earned credits under clause (i) may sell the credits to another major fuel distributor to enable the purchaser to meet the requirement under subparagraph (C). `(iii) EXCEPTION- A major fuel distributor may not use credits purchased under clause (ii) to fulfill the geographic distribution requirement in subparagraph (D).'. SEC. 5. LOAN GUARANTEES FOR PROJECTS TO CONSTRUCT RENEWABLE FUEL PIPELINES. (a) Definitions- Section 1701 of the Energy Policy Act of 2005 (42 U.S.C. 16511) is amended by adding at the end the following: `(6) RENEWABLE FUEL- The term `renewable fuel' has the meaning given the term in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), except that the term includes all types of ethanol and biodiesel. `(7) RENEWABLE FUEL PIPELINE- The term `renewable fuel pipeline' means a pipeline for transporting renewable fuel.'. (b) Amount- Section 1702(c) of the Energy Policy Act of 2005 (42 U.S.C. 16512(c)) is amended-- (1) by striking `(c) Amount- Unless' and inserting the following: `(c) Amount- `(1) IN GENERAL- Unless'; and (2) by adding at the end the following: `(2) RENEWABLE FUEL PIPELINES- A guarantee for a project described in section 1703(b)(11) shall be in an amount equal to 80 percent of the project cost of the facility that is the subject of the guarantee, as estimated at the time at which the guarantee is issued.'. (c) Renewable Fuel Pipeline Eligibility- Section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by adding at the end the following: `(11) Renewable fuel pipelines.'. (d) Rapid Deployment of Renewable Fuel Pipelines- Section 1705 of the Energy Policy Act of 2005 (42 U.S.C. 16516) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by inserting `, or, in the case of projects described in paragraph (4), September 30, 2012' before the colon at the end; and (B) by adding at the end the following: `(4) Installation of sufficient infrastructure to allow for the cost-effective deployment of clean energy technologies appropriate to each region of the United States, including the deployment of renewable fuel pipelines through loan guarantees in an amount equal to 80 percent of the cost.'; and (2) in subsection (e), by inserting `, or, in the case of projects described in subsection (a)(4), September 30, 2012' before the period at the end. (e) Regulations- Not later than 90 days after the date of enactment of this Act, the Secretary of Energy shall promulgate such regulations as are necessary to carry out the amendments made by this section.
S.1554 Sep-26-13
STATUS: September 26, 2013. Introduced. July 30, 2014.--Subcommittee hearing held. S.1554 HUNT Act (Introduced in Senate - IS) S 1554 IS 113th CONGRESS1st SessionS. 1554 To direct the heads of Federal public land management agencies to prepare reports on the availability of public access and egress to Federal public land for hunting, fishing, and other recreational purposes, to amend the Land and Water Conservation Fund Act of 1965 to provide funding for recreational public access to Federal land, and for other purposes. IN THE SENATE OF THE UNITED STATESSeptember 26, 2013 Mr. HEINRICH introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To direct the heads of Federal public land management agencies to prepare reports on the availability of public access and egress to Federal public land for hunting, fishing, and other recreational purposes, to amend the Land and Water Conservation Fund Act of 1965 to provide funding for recreational public access to Federal land, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Hunt Unrestricted on National Treasures Act' or the `HUNT Act'. SEC. 2. DEFINITIONS. In this Act: (1) FEDERAL PUBLIC LAND MANAGEMENT AGENCY- The term `Federal public land management agency' means any of the National Park Service, the United States Fish and Wildlife Service, the Forest Service, and the Bureau of Land Management. (2) TRAVEL MANAGEMENT PLAN- The term `travel management plan' means a plan for the management of travel-- (A) with respect to land under the jurisdiction of the National Park Service, on park roads and designated routes under section 4.10 of title 36, Code of Federal Regulations (or successor regulations); (B) with respect to land under the jurisdiction of the United States Fish and Wildlife Service, on the land under a comprehensive conservation plan prepared under section 4(e) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(e)); (C) with respect to land under the jurisdiction of the Forest Service, on National Forest System land under part 212 of title 36, Code of Federal Regulations (or successor regulations); and (D) with respect to land under the jurisdiction of the Bureau of Land Management, under a resource management plan developed under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). SEC. 3. REPORT ON PUBLIC ACCESS AND EGRESS TO FEDERAL PUBLIC LAND. (a) Report- Not later than 180 days after the date of enactment of this Act, and annually thereafter, each head of a Federal public land management agency shall make available to the public on the website of the Federal public land management agency a report that includes-- (1) a list of the location and acreage of land more than 640 acres in size under the jurisdiction of the Federal public land management agency on which the public is allowed, under Federal or State law, to hunt, fish, or use the land for other recreational purposes-- (A) to which there is no public access or egress; or (B) to which public access or egress to the legal boundaries of the land is significantly restricted (as determined by the head of the Federal public land management agency); (2) with respect to land described in paragraph (1), a list of the locations and acreage on the land that the head of the Federal public land management agency determines have significant potential for use for hunting, fishing, and other recreational purposes; and (3) with respect to land described in paragraph (2), a plan developed by the Federal public land management agency that-- (A) identifies how public access and egress could reasonably be provided to the legal boundaries of the land in a manner that minimizes the impact on wildlife habitat and water quality; (B) specifies the actions recommended to secure the access and egress, including acquiring an easement, right-of-way, or fee title from a willing owner of any land that abuts the land or the need to coordinate with State land management agencies or other Federal or State governmental entities to allow for such access and egress; and (C) is consistent with the travel management plan in effect on the land. (b) List of Public Access Routes for Certain Land- Not later than 1 year after the date of enactment of this Act, each head of a Federal public land management agency shall make available to the public on the website of the Federal public land management agency, and thereafter revise as the head of the Federal public land management agency determines appropriate, a list of roads or trails that provide the primary public access and egress to the legal boundaries of contiguous parcels of land equal to more than 640 acres in size under the jurisdiction of the Federal public land management agency on which the public is allowed, under Federal or State law, to hunt, fish, or use the land for other recreational purposes. (c) Means of Public Access and Egress Included- In considering public access and egress under subsections (a) and (b), the head of the applicable Federal public land management agency shall consider public access and egress to the legal boundaries of the land described in those subsections, including access and egress-- (1) by motorized or non-motorized vehicles; and (2) on foot or horseback. (d) Effect- (1) IN GENERAL- This Act shall have no effect on whether a particular recreational use shall be allowed on the land described in paragraphs (1) and (2) of subsection (a). (2) EFFECT OF ALLOWABLE USES ON AGENCY CONSIDERATION- In preparing the plan under subsection (a)(3), the head of the applicable Federal public land management agency shall only consider recreational uses that are allowed on the land at the time that the plan is prepared. SEC. 4. FUNDS FOR PUBLIC ACCESS TO FEDERAL LAND FOR RECREATIONAL PURPOSES. Section 7(a)(1) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460 l -9) is amended by adding at the end the following: `RECREATIONAL PUBLIC ACCESS TO FEDERAL LAND- In an amount not less than 1.5 percent of such moneys, for projects that secure public access to Federal land for hunting, fishing, and other recreational purposes through easements, rights-of-way, or fee title acquisitions from willing sellers.'.
H.Res.1526 Apr-12-13
STATUS: April 12, 2013.--Introduced in House September 17, 2013.--Reported by the Committee on Natural Resources. H. Rept. 113-213, Part I. September 20, 2013.--Passed in House. September 23, 2013.--Introduced to Senate Committee. H.R.1526 Restoring Healthy Forests for Healthy Communities Act (Referred in Senate - RFS) HR 1526 RFS 113th CONGRESS1st Session H. R. 1526IN THE SENATE OF THE UNITED STATESSeptember 23, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To restore employment and educational opportunities in, and improve the economic stability of, counties containing National Forest System land, while also reducing Forest Service management costs, by ensuring that such counties have a dependable source of revenue from National Forest System land, to provide a temporary extension of the Secure Rural Schools and Community Self-Determination Act of 2000, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title- This Act may be cited as the `Restoring Healthy Forests for Healthy Communities Act'. (b) Table of Contents- The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--RESTORING THE COMMITMENT TO RURAL COUNTIES AND SCHOOLS Sec. 101. Purposes. Sec. 102. Definitions. Sec. 103. Establishment of Forest Reserve Revenue Areas and annual volume requirements. Sec. 104. Management of Forest Reserve Revenue Areas. Sec. 105. Distribution of forest reserve revenues. Sec. 106. Annual report. TITLE II--HEALTHY FOREST MANAGEMENT AND CATASTROPHIC WILDFIRE PREVENTION Sec. 201. Purposes. Sec. 202. Definitions. Sec. 203. Hazardous fuel reduction projects and forest health projects in at-risk forests. Sec. 204. Environmental analysis. Sec. 205. State designation of high-risk areas of National Forest System and public lands. Sec. 206. Use of hazardous fuels reduction or forest health projects for high-risk areas. Sec. 207. Moratorium on use of prescribed fire in Mark Twain National Forest, Missouri, pending report. TITLE III--OREGON AND CALIFORNIA RAILROAD GRANT LANDS TRUST, CONSERVATION, AND JOBS Sec. 301. Short title. Sec. 302. Definitions. Subtitle A--Trust, Conservation, and Jobs Chapter 1--Creation and Terms of O&C Trust Sec. 311. Creation of O&C Trust and designation of O&C Trust lands. Sec. 312. Legal effect of O&C Trust and judicial review. Sec. 313. Board of Trustees. Sec. 314. Management of O&C Trust lands. Sec. 315. Distribution of revenues from O&C Trust lands. Sec. 316. Land exchange authority. Sec. 317. Payments to the United States Treasury. Chapter 2--Transfer of Certain Lands to Forest Service Sec. 321. Transfer of certain Oregon and California Railroad Grant lands to Forest Service. Sec. 322. Management of transferred lands by Forest Service. Sec. 323. Management efficiencies and expedited land exchanges. Sec. 324. Review panel and old growth protection. Sec. 325. Uniqueness of old growth protection on Oregon and California Railroad Grant lands. Chapter 3--Transition Sec. 331. Transition period and operations. Sec. 332. O&C Trust management capitalization. Sec. 333. Existing Bureau of Land Management and Forest Service contracts. Sec. 334. Protection of valid existing rights and access to non-Federal land. Sec. 335. Repeal of superseded law relating to Oregon and California Railroad Grant lands. Subtitle B--Coos Bay Wagon Roads Sec. 341. Transfer of management authority over certain Coos Bay Wagon Road Grant lands to Coos County, Oregon. Sec. 342. Transfer of certain Coos Bay Wagon Road Grant lands to Forest Service. Sec. 343. Land exchange authority. Subtitle C--Oregon Treasures Chapter 1--Wilderness Areas Sec. 351. Designation of Devil's Staircase Wilderness. Sec. 352. Expansion of Wild Rogue Wilderness Area. Chapter 2--Wild and Scenic River Designated and Related Protections Sec. 361. Wild and scenic river designations, Molalla River. Sec. 362. Wild and Scenic Rivers Act technical corrections related to Chetco River. Sec. 363. Wild and scenic river designations, Wasson Creek and Franklin Creek. Sec. 364. Wild and scenic river designations, Rogue River area. Sec. 365. Additional protections for Rogue River tributaries. Chapter 3--Additional Protections Sec. 371. Limitations on land acquisition. Sec. 372. Overflights. Sec. 373. Buffer zones. Sec. 374. Prevention of wildfires. Sec. 375. Limitation on designation of certain lands in Oregon. Chapter 4--Effective Date Sec. 381. Effective date. Subtitle D--Tribal Trust Lands Part 1--Council Creek Land Conveyance Sec. 391. Definitions. Sec. 392. Conveyance. Sec. 393. Map and legal description. Sec. 394. Administration. Part 2--Oregon Coastal Land Conveyance Sec. 395. Definitions. Sec. 396. Conveyance. Sec. 397. Map and legal description. Sec. 398. Administration. TITLE IV--COMMUNITY FOREST MANAGEMENT DEMONSTRATION Sec. 401. Purpose and definitions. Sec. 402. Establishment of community forest demonstration areas. Sec. 403. Advisory committee. Sec. 404. Management of community forest demonstration areas. Sec. 405. Distribution of funds from community forest demonstration area. Sec. 406. Initial funding authority. Sec. 407. Payments to United States Treasury. Sec. 408. Termination of community forest demonstration area. TITLE V--REAUTHORIZATION AND AMENDMENT OF EXISTING AUTHORITIES AND OTHER MATTERS Sec. 501. Extension of Secure Rural Schools and Community Self-Determination Act of 2000 pending full operation of Forest Reserve Revenue Areas. Sec. 502. Restoring original calculation method for 25-percent payments. Sec. 503. Forest Service and Bureau of Land Management good-neighbor cooperation with States to reduce wildfire risks. Sec. 504. Stewardship end result contracting project authority. Sec. 505. Clarification of National Forest Management Act of 1976 authority. Sec. 506. Treatment as supplemental funding. Sec. 507. Exception of certain forest projects and activities from Appeals Reform Act and other review. Sec. 508. Definition of fire suppression to include certain related activities. Sec. 509. Prohibition on certain actions regarding Forest Service roads and trails. TITLE I--RESTORING THE COMMITMENT TO RURAL COUNTIES AND SCHOOLS SEC. 101. PURPOSES. The purposes of this title are as follows: (1) To restore employment and educational opportunities in, and improve the economic stability of, counties containing National Forest System land. (2) To ensure that such counties have a dependable source of revenue from National Forest System land. (3) To reduce Forest Service management costs while also ensuring the protection of United States forests resources. SEC. 102. DEFINITIONS. In this title: (1) ANNUAL VOLUME REQUIREMENT- (A) IN GENERAL- The term `annual volume requirement', with respect to a Forest Reserve Revenue Area, means a volume of national forest materials no less than 50 percent of the sustained yield of the Forest Reserve Revenue Area. (B) EXCLUSIONS- In determining the volume of national forest materials or the sustained yield of a Forest Reserve Revenue Area, the Secretary may not include non-commercial post and pole sales and personal use firewood. (2) BENEFICIARY COUNTY- The term `beneficiary county' means a political subdivision of a State that, on account of containing National Forest System land, was eligible to receive payments through the State under title I of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7111 et seq.). (3) CATASTROPHIC EVENT- The term `catastrophic event' means an event (including severe fire, insect or disease infestations, windthrow, or other extreme weather or natural disaster) that the Secretary determines will cause or has caused substantial damage to National Forest System land or natural resources on National Forest System land. (4) COVERED FOREST RESERVE PROJECT- The terms `covered forest reserve project' and `covered project' mean a project involving the management or sale of national forest materials within a Forest Reserve Revenue Area to generate forest reserve revenues and achieve the annual volume requirement for the Forest Reserve Revenue Area. (5) FOREST RESERVE REVENUE AREA- (A) IN GENERAL- The term `Forest Reserve Revenue Area' means National Forest System land in a unit of the National Forest System designated for sustainable forest management for the production of national forest materials and forest reserve revenues. (B) INCLUSIONS- Subject to subparagraph (C), but otherwise notwithstanding any other provision of law, including executive orders and regulations, the Secretary shall include in Forest Reserve Revenue Areas not less than 50 percent of the National Forest System lands identified as commercial forest land capable of producing twenty cubic feet of timber per acre. (C) EXCLUSIONS- A Forest Reserve Revenue Area may not include National Forest System land-- (i) that is a component of the National Wilderness Preservation System; (ii) on which the removal of vegetation is specifically prohibited by Federal statute; or (iii) that is within a National Monument as of the date of the enactment of this Act. (6) FOREST RESERVE REVENUES- The term `forest reserve revenues' means revenues derived from the sale of national forest materials in a Forest Reserve Revenue Area. (7) NATIONAL FOREST MATERIALS- The term `national forest materials' has the meaning given that term in section 14(e)(1) of the National Forest Management Act of 1976 (16 U.S.C. 472a(e)(1)). (8) NATIONAL FOREST SYSTEM- The term `National Forest System' has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)), except that the term does not include the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010-1012). (9) SECRETARY- The term `Secretary' means the Secretary of Agriculture. (10) SUSTAINED YIELD- The term `sustained yield' means the maximum annual growth potential of the forest calculated on the basis of the culmination of mean annual increment using cubic measurement. (11) STATE- The term `State' includes the Commonwealth of Puerto Rico. (12) 25-percent PAYMENT- The term `25-percent payment' means the payment to States required by the sixth paragraph under the heading of `FOREST SERVICE' in the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500). SEC. 103. ESTABLISHMENT OF FOREST RESERVE REVENUE AREAS AND ANNUAL VOLUME REQUIREMENTS. (a) Establishment of Forest Reserve Revenue Areas- Notwithstanding any other provision of law, the Secretary shall establish one or more Forest Reserve Revenue Areas within each unit of the National Forest System. (b) Deadline for Establishment- The Secretary shall complete establishment of the Forest Reserve Revenue Areas not later than 60 days after the date of enactment of this Act, (c) Purpose- The purpose of a Forest Reserve Revenue Area is to provide a dependable source of 25-percent payments and economic activity through sustainable forest management for each beneficiary county containing National Forest System land. (d) Fiduciary Responsibility- The Secretary shall have a fiduciary responsibility to beneficiary counties to manage Forest Reserve Revenue Areas to satisfy the annual volume requirement. (e) Determination of Annual Volume Requirement- Not later than 30 days after the date of the establishment of a Forest Reserve Revenue Area, the Secretary shall determine the annual volume requirement for that Forest Reserve Revenue Area. (f) Limitation on Reduction of Forest Reserve Revenue Areas- Once a Forest Reserve Revenue Area is established under subsection (a), the Secretary may not reduce the number of acres of National Forest System land included in that Forest Reserve Revenue Area. (g) Map- The Secretary shall provide a map of all Forest Reserve Revenue Areas established under subsection (a) for each unit of the National Forest System-- (1) to the Committee on Agriculture and the Committee on Natural Resources of the House of Representatives; and (2) to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Energy and Natural Resources of the Senate. (h) Recognition of Valid and Existing Rights- Neither the establishment of Forest Reserve Revenue Areas under subsection (a) nor any other provision of this title shall be construed to limit or restrict-- (1) access to National Forest System land for hunting, fishing, recreation, and other related purposes; or (2) valid and existing rights regarding National Forest System land, including rights of any federally recognized Indian tribe. SEC. 104. MANAGEMENT OF FOREST RESERVE REVENUE AREAS. (a) Requirement To Achieve Annual Volume Requirement- Immediately upon the establishment of a Forest Reserve Revenue Area, the Secretary shall manage the Forest Reserve Revenue Area in the manner necessary to achieve the annual volume requirement for the Forest Reserve Revenue Area. The Secretary is authorized and encouraged to commence covered forest reserve projects as soon as practicable after the date of the enactment of this Act to begin generating forest reserve revenues. (b) Standards for Projects Within Forest Reserve Revenue Areas- The Secretary shall conduct covered forest reserve projects within Forest Reserve Revenue Areas in accordance with this section, which shall serve as the sole means by which the Secretary will comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) and other laws applicable to the covered projects. (c) Environmental Analysis Process for Projects in Forest Reserve Revenue Areas- (1) ENVIRONMENTAL ASSESSMENT- The Secretary shall give published notice and complete an environmental assessment pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for a covered forest reserve project proposed to be conducted within a Forest Reserve Revenue Area, except that the Secretary is not required to study, develop, or describe any alternative to the proposed agency action. (2) CUMULATIVE EFFECTS- The Secretary shall consider cumulative effects solely by evaluating the impacts of a proposed covered forest reserve project combined with the impacts of any other projects that were approved with a Decision Notice or Record of Decision before the date on which the Secretary published notice of the proposed covered project. The cumulative effects of past projects may be considered in the environmental assessment by using a description of the current environmental conditions. (3) LENGTH- The environmental assessment prepared for a proposed covered forest reserve project shall not exceed 100 pages in length. The Secretary may incorporate in the environmental assessment, by reference, any documents that the Secretary determines, in the sole discretion of the Secretary, are relevant to the assessment of the environmental effects of the covered project. (4) DEADLINE FOR COMPLETION- The Secretary shall complete the environmental assessment for a covered forest reserve project within 180 days after the date on which the Secretary published notice of the proposed covered project. (5) TREATMENT OF DECISION NOTICE- The decision notice for a covered forest reserve project shall be considered a final agency action and no additional analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) shall be required to implement any portion of the covered project. (6) CATEGORICAL EXCLUSION- A covered forest reserve project that is proposed in response to a catastrophic event, that covers an area of 10,000 acres or less, or an eligible hazardous fuel reduction or forest health project proposed under title II that involves the removal of insect-infected trees, dead or dying trees, trees presenting a threat to public safety, or other hazardous fuels within 500 feet of utility or telephone infrastructure, campgrounds, roadsides, heritage sites, recreation sites, schools, or other infrastructure, shall be categorically excluded from the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.). (d) Application of Land and Resource Management Plan- The Secretary may modify the standards and guidelines contained in the land and resource management plan for the unit of the National Forest System in which the covered forest reserve project will be carried out as necessary to achieve the requirements of this Act. Section 6(g)(3)(E)(iv) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(g)(3)(E)(iv)) shall not apply to a covered forest reserve project. (e) Compliance With Endangered Species Act- (1) NON-JEOPARDY ASSESSMENT- If the Secretary determines that a proposed covered forest reserve project may affect the continued existence of any species listed as endangered or threatened under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533), the Secretary shall issue a determination explaining the view of the Secretary that the proposed covered project is not likely to jeopardize the continued existence of the species. (2) SUBMISSION, REVIEW, AND RESPONSE- (A) SUBMISSION- The Secretary shall submit a determination issued by the Secretary under paragraph (1) to the Secretary of the Interior or the Secretary of Commerce, as appropriate. (B) REVIEW AND RESPONSE- Within 30 days after receiving a determination under subparagraph (A), the Secretary of the Interior or the Secretary of Commerce, as appropriate, shall provide a written response to the Secretary concurring in or rejecting the Secretary's determination. If the Secretary of the Interior or the Secretary of Commerce rejects the determination, the written response shall include recommendations for measures that-- (i) will avoid the likelihood of jeopardy to an endangered or threatened species; (ii) can be implemented in a manner consistent with the intended purpose of the covered forest reserve project; (iii) can be implemented consistent with the scope of the Secretary's legal authority and jurisdiction; and (iv) are economically and technologically feasible. (3) FORMAL CONSULTATION- If the Secretary of the Interior or the Secretary of Commerce rejects a determination issued by the Secretary under paragraph (1), the Secretary of the Interior or the Secretary of Commerce also is required to engage in formal consultation with the Secretary. The Secretaries shall complete such consultation pursuant to section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) within 90 days after the submission of the written response under paragraph (2). (f) Administrative and Judicial Review- (1) ADMINISTRATIVE REVIEW- Administrative review of a covered forest reserve project shall occur only in accordance with the special administrative review process established under section 105 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515). (2) JUDICIAL REVIEW- (A) IN GENERAL- Judicial review of a covered forest reserve project shall occur in accordance with section 106 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6516), except that a court of the United States may not issue a restraining order, preliminary injunction, or injunction pending appeal covering a covered forest reserve project in response to an allegation that the Secretary violated any procedural requirement applicable to how the project was selected, planned, or analyzed. (B) BOND REQUIRED- A plaintiff challenging a covered forest reserve project shall be required to post a bond or other security acceptable to the court for the reasonably estimated costs, expenses, and attorneys fees of the Secretary as defendant. All proceedings in the action shall be stayed until the security is given. If the plaintiff has not complied with the order to post such bond or other security within 90 days after the date of service of the order, then the action shall be dismissed with prejudice. (C) RECOVERY- If the Secretary prevails in the case, the Secretary shall submit to the court a motion for payment of all litigation expenses. (g) Use of All-Terrain Vehicles for Management Activities- The Secretary may allow the use of all-terrain vehicles within the Forest Reserve Revenue Areas for the purpose of activities associated with the sale of national forest materials in a Forest Reserve Revenue Area. SEC. 105. DISTRIBUTION OF FOREST RESERVE REVENUES. (a) 25-Percent Payments- The Secretary shall use forest reserve revenues generated by a covered forest reserve project to make 25-percent payments to States for the benefit of beneficiary counties. (b) Deposit in Knutson-Vandenberg and Salvage Sale Funds- After compliance with subsection (a), the Secretary shall use forest reserve revenues to make deposits into the fund established under section 3 of the Act of June 9, 1930 (16 U.S.C. 576b; commonly known as the Knutson-Vandenberg Fund) and the fund established under section 14(h) of the National Forest Management Act of 1976 (16 U.S.C. 472a(h); commonly known as the salvage sale fund) in contributions equal to the monies otherwise collected under those Acts for projects conducted on National Forest System land. (c) Deposit in General Fund of the Treasury- After compliance with subsections (a) and (b), the Secretary shall deposit remaining forest reserve revenues into the general fund of the Treasury. SEC. 106. ANNUAL REPORT. (a) Report Required- Not later than 60 days after the end of each fiscal year, the Secretary shall submit to Congress an annual report specifying the annual volume requirement in effect for that fiscal year for each Forest Reserve Revenue Area, the volume of board feet actually harvested for each Forest Reserve Revenue Area, the average cost of preparation for timber sales, the forest reserve revenues generated from such sales, and the amount of receipts distributed to each beneficiary county. (b) Form of Report- The information required by subsection (a) to be provided with respect to a Forest Reserve Revenue Area shall be presented on a single page. In addition to submitting each report to Congress, the Secretary shall also make the report available on the website of the Forest Service. TITLE II--HEALTHY FOREST MANAGEMENT AND CATASTROPHIC WILDFIRE PREVENTION SEC. 201. PURPOSES. The purposes of this title are as follows: (1) To provide the Secretary of Agriculture and the Secretary of the Interior with the tools necessary to reduce the potential for wildfires. (2) To expedite wildfire prevention projects to reduce the chances of wildfire on certain high-risk Federal lands. (3) To protect communities and forest habitat from uncharacteristic wildfires. (4) To enhance aquatic conditions and terrestrial wildlife habitat. (5) To restore diverse and resilient landscapes through improved forest conditions. SEC. 202. DEFINITIONS. In this title: (1) AT-RISK COMMUNITY- The term `at-risk community' has the meaning given that term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511). (2) AT-RISK FOREST- The term `at-risk forest' means-- (A) Federal land in condition class II or III, as those classes were developed by the Forest Service Rocky Mountain Research Station in the general technical report titled `Development of Coarse-Scale Spatial Data for Wildland Fire and Fuel Management' (RMRS-87) and dated April 2000 or any subsequent revision of the report; or (B) Federal land where there exists a high risk of losing an at-risk community, key ecosystem, water supply, wildlife, or wildlife habitat to wildfire, including catastrophic wildfire and post-fire disturbances, as designated by the Secretary concerned. (3) FEDERAL LAND- (A) COVERED LAND- The term `Federal land' means-- (i) land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))); or (ii) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)). (B) EXCLUDED LAND- The term does not include land-- (i) that is a component of the National Wilderness Preservation System; (ii) on which the removal of vegetation is specifically prohibited by Federal statute; or (iii) that is within a National Monument as of the date of the enactment of this Act. (4) HIGH-RISK AREA- The term `high-risk area' means an area of Federal land identified under section 205 as an area suffering from the bark beetle epidemic, drought, or deteriorating forest health conditions, with the resulting imminent risk of devastating wildfires, or otherwise at high risk for bark beetle infestation, drought, or wildfire. (5) SECRETARY CONCERNED- The term `Secretary concerned' means-- (A) the Secretary of Agriculture, in the case of National Forest System land; and (B) the Secretary of the Interior, in the case of public lands. (6) ELIGIBLE HAZARDOUS FUEL REDUCTION AND FOREST HEALTH PROJECTS- The terms `hazardous fuel reduction project' or `forest health project' mean the measures and methods developed for a project to be carried out on Federal land-- (A) in an at-risk forest under section 203 for hazardous fuels reduction, forest health, forest restoration, or watershed restoration, using ecological restoration principles consistent with the forest type where such project will occur; or (B) in a high-risk area under section 206. SEC. 203. HAZARDOUS FUEL REDUCTION PROJECTS AND FOREST HEALTH PROJECTS IN AT-RISK FORESTS. (a) Implementation- As soon as practicable after the date of the enactment of this Act, the Secretary concerned is authorized to implement a hazardous fuel reduction project or a forest health project in at-risk forests in a manner that focuses on surface, ladder, and canopy fuels reduction activities using ecological restoration principles consistent with the forest type in the location where such project will occur. (b) Authorized Practices- (1) INCLUSION OF LIVESTOCK GRAZING AND TIMBER HARVESTING- A hazardous fuel reduction project or a forest health project may include livestock grazing and timber harvest projects carried out for the purposes of hazardous fuels reduction, forest health, forest restoration, watershed restoration, or threatened and endangered species habitat protection or improvement, if the management action is consistent with achieving long-term ecological restoration of the forest type in the location where such project will occur. (2) GRAZING- Domestic livestock grazing may be used in a hazardous fuel reduction project or a forest health project to reduce surface fuel loads and to recover burned areas. Utilization standards shall not apply when domestic livestock grazing is used in such a project. (3) TIMBER HARVESTING AND THINNING- Timber harvesting and thinning, where the ecological restoration principles are consistent with the forest type in the location where such project will occur, may be used in a hazardous fuel reduction project or a forest health project to reduce ladder and canopy fuel loads to prevent unnatural fire. (c) Priority- The Secretary concerned shall give priority to hazardous fuel reduction projects and forest health projects submitted by the Governor of a State as provided in section 206(c) and to projects submitted under the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a). SEC. 204. ENVIRONMENTAL ANALYSIS. Subsections (b) through (f) of section 104 shall apply to the implementation of a hazardous fuel reduction project or a forest health project under this title. In addition, if the primary purpose of a hazardous fuel reduction project or a forest health project under this title is the salvage of dead, damaged, or down timber resulting from wildfire occurring in 2013, the hazardous fuel reduction project or forest health project, and any decision of the Secretary concerned in connection with the project, shall not be subject to judicial review or to any restraining order or injunction issued by a United States court. SEC. 205. STATE DESIGNATION OF HIGH-RISK AREAS OF NATIONAL FOREST SYSTEM AND PUBLIC LANDS. (a) Designation Authority- The Governor of a State may designate high-risk areas of Federal land in the State for the purposes of addressing-- (1) deteriorating forest health conditions in existence as of the date of the enactment of this Act due to the bark beetle epidemic or drought, with the resulting imminent risk of devastating wildfires; and (2) the future risk of insect infestations or disease outbreaks through preventative treatments to improve forest health conditions. (b) Consultation- In designating high-risk areas, the Governor of a State shall consult with county government from affected counties and with affected Indian tribes. (c) Exclusion of Certain Areas- The following Federal land may not be designated as a high-risk area: (1) A component of the National Wilderness Preservation System. (2) Federal land on which the removal of vegetation is specifically prohibited by Federal statute. (3) Federal land within a National Monument as of the date of the enactment of this Act. (d) Standards for Designation- Designation of high-risk areas shall be consistent with standards and guidelines contained in the land and resource management plan or land use plan for the unit of Federal land for which the designation is being made, except that the Secretary concerned may modify such standards and guidelines to correspond with a specific high-risk area designation. (e) Time for Initial Designations- The first high-risk areas should be designated not later than 60 days after the date of the enactment of this Act, but high-risk areas may be designated at any time consistent with subsection (a). (f) Duration of Designation- The designation of a high-risk area in a State shall expire 20 years after the date of the designation, unless earlier terminated by the Governor of the State. (g) Redesignation- The expiration of the 20-year period specified in subsection (f) does not prohibit the Governor from redesignating an area of Federal land as a high-risk area under this section if the Governor determines that the Federal land continues to be subject to the terms of this section. (h) Recognition of Valid and Existing Rights- The designation of a high-risk area shall not be construed to limit or restrict-- (1) access to Federal land included in the area for hunting, fishing, and other related purposes; or (2) valid and existing rights regarding the Federal land. SEC. 206. USE OF HAZARDOUS FUELS REDUCTION OR FOREST HEALTH PROJECTS FOR HIGH-RISK AREAS. (a) Project Proposals- (1) PROPOSALS AUTHORIZED- Upon designation of a high-risk area in a State, the Governor of the State may provide for the development of proposed hazardous fuel reduction projects or forest health projects for the high-risk area. (2) PROJECT CRITERIA- In preparing a proposed hazardous fuel reduction project or a forest health project, the Governor of a State and the Secretary concerned shall-- (A) take into account managing for rights of way, protection of watersheds, protection of wildlife and endangered species habitat, safe-guarding water resources, and protecting at-risk communities from wildfires; and (B) emphasize activities that thin the forest to provide the greatest health and longevity of the forest. (b) Consultation- In preparing a proposed hazardous fuel reduction project or a forest health project, the Governor of a State shall consult with county government from affected counties, and with affected Indian tribes. (c) Submission and Implementation- The Governor of a State shall submit proposed emergency hazardous fuel reduction projects and forest health projects to the Secretary concerned for implementation as provided in section 203. SEC. 207. MORATORIUM ON USE OF PRESCRIBED FIRE IN MARK TWAIN NATIONAL FOREST, MISSOURI, PENDING REPORT. (a) Moratorium- Except as provided in subsection (b), the Secretary of Agriculture may not conduct any prescribed fire in Mark Twain National Forest, Missouri, under the Collaborative Forest Landscape Restoration Project until the report required by subsection (c) is submitted to Congress. (b) Exception for Wildfire Suppression- Subsection (a) does not prohibit the use of prescribed fire as part of wildfire suppression activities. (c) Report Required- Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a report containing an evaluation of recent and current Forest Service management practices for Mark Twain National Forest, including lands in the National Forest enrolled, or under consideration for enrollment, in the Collaborative Forest Landscape Restoration Project to convert certain lands into shortleaf pine-oak woodlands, to determine the impact of such management practices on forest health and tree mortality. The report shall specifically address-- (1) the economic costs associated with the failure to utilize hardwoods cut as part of the Collaborative Forest Landscape Restoration Project and the subsequent loss of hardwood production from the treated lands in the long term; (2) the extent of increased tree mortality due to excessive heat generated by prescribed fires; (3) the impacts to water quality and rate of water run off due to erosion of the scorched earth left in the aftermath of the prescribed fires; and (4) a long-term plan for evaluation of the impacts of prescribed fires on lands previously burned within the Eleven Point Ranger District. TITLE III--OREGON AND CALIFORNIA RAILROAD GRANT LANDS TRUST, CONSERVATION, AND JOBS SEC. 301. SHORT TITLE. This title may be cited as the `O&C Trust, Conservation, and Jobs Act'. SEC. 302. DEFINITIONS. In this title: (1) AFFILIATES- The term `Affiliates' has the meaning given such term in part 121 of title 13, Code of Federal Regulations. (2) BOARD OF TRUSTEES- The term `Board of Trustees' means the Board of Trustees for the Oregon and California Railroad Grant Lands Trust appointed under section 313. (3) COOS BAY WAGON ROAD GRANT LANDS- The term `Coos Bay Wagon Road Grant lands' means the lands reconveyed to the United States pursuant to the first section of the Act of February 26, 1919 (40 Stat. 1179). (4) FISCAL YEAR- The term `fiscal year' means the Federal fiscal year, October 1 through the next September 30. (5) GOVERNOR- The term `Governor' means the Governor of the State of Oregon. (6) O&C REGION PUBLIC DOMAIN LANDS- The term `O&C Region Public Domain lands' means all the land managed by the Bureau of Land Management in the Salem District, Eugene District, Roseburg District, Coos Bay District, and Medford District in the State of Oregon, excluding the Oregon and California Railroad Grant lands and the Coos Bay Wagon Road Grant lands. (7) O&C TRUST- The terms `Oregon and California Railroad Grant Lands Trust' and `O&C Trust' mean the trust created by section 311, which has fiduciary responsibilities to act for the benefit of the O&C Trust counties in the management of O&C Trust lands. (8) O&C TRUST COUNTY- The term `O&C Trust county' means each of the 18 counties in the State of Oregon that contained a portion of the Oregon and California Railroad Grant lands as of January 1, 2013, each of which are beneficiaries of the O&C Trust. (9) O&C TRUST LANDS- The term `O&C Trust lands' means the surface estate of the lands over which management authority is transferred to the O&C Trust pursuant to section 311(c)(1). The term does not include any of the lands excluded from the O&C Trust pursuant to section 311(c)(2), transferred to the Forest Service under section 321, or Tribal lands transferred under subtitle D. (10) OREGON AND CALIFORNIA RAILROAD GRANT LANDS- The term `Oregon and California Railroad Grant lands' means the following lands: (A) All lands in the State of Oregon revested in the United States under the Act of June 9, 1916 (39 Stat. 218), regardless of whether the lands are-- (i) administered by the Secretary of the Interior, acting through the Bureau of Land Management, pursuant to the first section of the Act of August 28, 1937 (43 U.S.C. 1181a); or (ii) administered by the Secretary of Agriculture as part of the National Forest System pursuant to the first section of the Act of June 24, 1954 (43 U.S.C. 1181g). (B) All lands in the State obtained by the Secretary of the Interior pursuant to the land exchanges authorized and directed by section 2 of the Act of June 24, 1954 (43 U.S.C. 1181h). (C) All lands in the State acquired by the United States at any time and made subject to the provisions of title II of the Act of August 28, 1937 (43 U.S.C. 1181f). (11) RESERVE FUND- The term `Reserve Fund' means the reserve fund created by the Board of Trustees under section 315(b). (12) SECRETARY CONCERNED- The term `Secretary concerned' means-- (A) the Secretary of the Interior, with respect to Oregon and California Railroad Grant lands that are transferred to the management authority of the O&C Trust and, immediately before such transfer, were managed by the Bureau of Land Management; and (B) the Secretary of Agriculture, with respect to Oregon and California Railroad Grant lands that-- (i) are transferred to the management authority of the O&C Trust and, immediately before such transfer, were part of the National Forest System; or (ii) are transferred to the Forest Service under section 321. (13) STATE- The term `State' means the State of Oregon. (14) TRANSITION PERIOD- The term `transition period' means the three fiscal-year period specified in section 331 following the appointment of the Board of Trustees during which-- (A) the O&C Trust is created; and (B) interim funding of the O&C Trust is secured. (15) TRIBAL LANDS- The term `Tribal lands' means any of the lands transferred to the Cow Creek Band of the Umpqua Tribe of Indians or the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians under subtitle D. Subtitle A--Trust, Conservation, and Jobs CHAPTER 1--CREATION AND TERMS OF O&C TRUST SEC. 311. CREATION OF O&C TRUST AND DESIGNATION OF O&C TRUST LANDS. (a) Creation- The Oregon and California Railroad Grant Lands Trust is established effective on October 1 of the first fiscal year beginning after the appointment of the Board of Trustees. As management authority over the surface of estate of the O&C Trust lands is transferred to the O&C Trust during the transition period pursuant to section 331, the transferred lands shall be held in trust for the benefit of the O&C Trust counties. (b) Trust Purpose- The purpose of the O&C Trust is to produce annual maximum sustained revenues in perpetuity for O&C Trust counties by managing the timber resources on O&C Trust lands on a sustained-yield basis subject to the management requirements of section 314. (c) Designation of O&C Trust Lands- (1) LANDS INCLUDED- Except as provided in paragraph (2), the O&C Trust lands shall include all of the lands containing the stands of timber described in subsection (d) that are located, as of January 1, 2013, on Oregon and California Railroad Grant lands and O&C Region Public Domain lands. (2) LANDS EXCLUDED- O&C Trust lands shall not include any of the following Oregon and California Railroad Grant lands and O&C Region Public Domain lands (even if the lands are otherwise described in subsection (d)): (A) Federal lands within the National Landscape Conservation System as of January 1, 2013. (B) Federal lands designated as Areas of Critical Environmental Concern as of January 1, 2013. (C) Federal lands that were in the National Wilderness Preservation System as of January 1, 2013. (D) Federal lands included in the National Wild and Scenic Rivers System of January 1, 2013. (E) Federal lands within the boundaries of a national monument, park, or other developed recreation area as of January 1, 2013. (F) Oregon treasures addressed in subtitle C, any portion of which, as of January 1, 2013, consists of Oregon and California Railroad Grant lands or O&C Region Public Domain lands. (G) Tribal lands addressed in subtitle D. (d) Covered Stands of Timber- (1) DESCRIPTION- The O&C Trust lands consist of stands of timber that have previously been managed for timber production or that have been materially altered by natural disturbances since 1886. Most of these stands of timber are 80 years old or less, and all of such stands can be classified as having a predominant stand age of 125 years or less. (2) DELINEATION OF BOUNDARIES BY BUREAU OF LAND MANAGEMENT- The Oregon and California Railroad Grant lands and O&C Region Public Domain lands that, immediately before transfer to the O&C Trust, were managed by the Bureau of Land Management are timber stands that have predominant birth date attributes of 1886 or later, with boundaries that are defined by polygon spatial data layer in and electronic data compilation filed by the Bureau of Land Management pursuant to paragraph (4). Except as provided in paragraph (5), the boundaries of all timber stands constituting the O&C Trust lands are finally and conclusively determined for all purposes by coordinates in or derived by reference to the polygon spatial data layer prepared by the Bureau of Land Management and filed pursuant to paragraph (4), notwithstanding anomalies that might later be discovered on the ground. The boundary coordinates are locatable on the ground by use of global positioning system signals. In cases where the location of the stand boundary is disputed or is inconsistent with paragraph (1), the location of boundary coordinates on the ground shall be, except as otherwise provided in paragraph (5), finally and conclusively determined for all purposes by the direct or indirect use of global positioning system equipment with accuracy specification of one meter or less. (3) DELINEATION OF BOUNDARIES BY FOREST SERVICE- The O&C Trust lands that, immediately before transfer to the O&C Trust, were managed by the Forest Service are timber stands that can be classified as having predominant stand ages of 125 years old or less. Within 30 days after the date of the enactment of this Act, the Secretary of Agriculture shall commence identification of the boundaries of such stands, and the boundaries of all such stands shall be identified and made available to the Board of Trustees not later than 180 days following the creation of the O&C Trust pursuant to subsection (a). In identifying the stand boundaries, the Secretary may use geographic information system data, satellite imagery, cadastral survey coordinates, or any other means available within the time allowed. The boundaries shall be provided to the Board of Trustees within the time allowed in the form of a spatial data layer from which coordinates can be derived that are locatable on the ground by use of global positioning system signals. Except as provided in paragraph (5), the boundaries of all timber stands constituting the O&C Trust lands are finally and conclusively determined for all purposes by coordinates in or derived by reference to the data provided by the Secretary within the time provided by this paragraph, notwithstanding anomalies that might later be discovered on the ground. In cases where the location of the stand boundary is disputed or inconsistent with paragraph (1), the location of boundary coordinates on the ground shall be, except as otherwise provided in paragraph (5), finally and conclusively determined for all purposes by the boundary coordinates provided by the Secretary as they are located on the ground by the direct or indirect use of global positioning system equipment with accuracy specifications of one meter or less. All actions taken by the Secretary under this paragraph shall be deemed to not involve Federal agency action or Federal discretionary involvement or control. (4) DATA AND MAPS- Copies of the data containing boundary coordinates for the stands included in the O&C Trust lands, or from which such coordinates are derived, and maps generally depicting the stand locations shall be filed with the Committee on Energy and Natural Resources of the Senate, the Committee on Natural Resources of the House of Representatives, and the office of the Secretary concerned. The maps and data shall be filed-- (A) not later than 90 days after the date of the enactment of this Act, in the case of the lands identified pursuant to paragraph (2); and (B) not later than 180 days following the creation of the O&C Trust pursuant to subsection (a), in the case of lands identified pursuant to paragraph (3). (5) ADJUSTMENT AUTHORITY AND LIMITATIONS- (A) NO IMPACT ON DETERMINING TITLE OR PROPERTY OWNERSHIP BOUNDARIES- Stand boundaries identified under paragraph (2) or (3) shall not be relied upon for purposes of determining title or property ownership boundaries. If the boundary of a stand identified under paragraph (2) or (3) extends beyond the property ownership boundaries of Oregon and California Railroad Grant lands or O&C Region Public Domain lands, as such property boundaries exist on the date of enactment of this Act, then that stand boundary is deemed adjusted by this subparagraph to coincide with the property ownership boundary. (B) EFFECT OF DATA ERRORS OR INCONSISTENCIES- Data errors or inconsistencies may result in parcels of land along property ownership boundaries that are unintentionally omitted from the O&C Trust lands that are identified under paragraph (2) or (3). In order to correct such errors, any parcel of land that satisfies all of the following criteria is hereby deemed to be O&C Trust land: (i) The parcel is within the ownership boundaries of Oregon and California Railroad Grant lands or O&C Region Public Domain lands on the date of the enactment of this Act. (ii) The parcel satisfies the description in paragraph (1) on the date of enactment of this Act. (iii) The parcel is not excluded from the O&C Trust lands pursuant to subsection (c)(2). (C) NO IMPACT ON LAND EXCHANGE AUTHORITY- Nothing in this subsection is intended to limit the authority of the Trust and the Forest Service to engage in land exchanges between themselves or with owners of non-Federal land as provided elsewhere in this title. SEC. 312. LEGAL EFFECT OF O&C TRUST AND JUDICIAL REVIEW. (a) Legal Status of Trust Lands- Subject to the other provisions of this section, all right, title, and interest in and to the O&C Trust lands remain in the United States, except that-- (1) the Board of Trustees shall have all authority to manage the surface estate of the O&C Trust lands and the resources found thereon; (2) actions on the O&C Trust lands shall be deemed to involve no Federal agency action or Federal discretionary involvement or control and the laws of the State shall apply to the surface estate of the O&C Trust lands in the manner applicable to privately owned timberlands in the State; and (3) the O&C Trust shall be treated as the beneficial owner of the surface estate of the O&C Trust lands for purposes of all legal proceedings involving the O&C Trust lands. (b) Minerals- (1) IN GENERAL- Mineral and other subsurface rights in the O&C Trust lands are retained by the United States or other owner of such rights as of the date on which management authority over the surface estate of the lands are transferred to the O&C Trust. (2) ROCK AND GRAVEL- (A) USE AUTHORIZED; PURPOSE- For maintenance or construction on the road system under the control of the O&C Trust or for non-Federal lands intermingled with O&C Trust lands, the Board of Trustees may-- (i) utilize rock or gravel found within quarries in existence immediately before the date of the enactment of this Act on any Oregon and California Railroad Grant lands and O&C Region Public Domain lands, excluding those lands designated under subtitle C or transferred under subtitle D; and (ii) construct new quarries on O&C Trust lands, except that any quarry so constructed may not exceed 5 acres. (B) EXCEPTION- The Board of Trustees shall not construct new quarries on any of the lands transferred to the Forest Service under section 321 or lands designated under subtitle D. (c) Roads- (1) IN GENERAL- Except as provided in subsection (b), the Board of Trustees shall assume authority and responsibility over, and have authority to use, all roads and the road system specified in the following subparagraphs: (A) All roads and road systems on the Oregon and California Railroad and Grant lands and O&C Region Public Domain lands owned or administered by the Bureau of Land Management immediately before the date of the enactment of this Act, except that the Secretary of Agriculture shall assume the Secretary of Interior's obligations for pro-rata maintenance expense and road use fees under reciprocal right-of-way agreements for those lands transferred to the Forest Service under section 321. All of the lands transferred to the Forest Service under section 321 shall be considered as part of the tributary area used to calculate pro-rata maintenance expense and road use fees. (B) All roads and road systems owned or administered by the Forest Service immediately before the date of the enactment of this Act and subsequently included within the boundaries of the O&C Trust lands. (C) All roads later added to the road system for management of the O&C Trust lands. (2) LANDS TRANSFERRED TO FOREST SERVICE- The Secretary of Agriculture shall assume the obligations of the Secretary of Interior for pro-rata maintenance expense and road use fees under reciprocal rights-of-way agreements for those Oregon and California Railroad Grant lands or O&C Region Public Domain lands transferred to the Forest Service under section 321. (3) COMPLIANCE WITH CLEAN WATER ACT- All roads used, constructed, or reconstructed under the jurisdiction of the O&C Trust must comply with requirements of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) applicable to private lands through the use of Best Management Practices under the Oregon Forest Practices Act. (d) Public Access- (1) IN GENERAL- Subject to paragraph (2), public access to O&C Trust lands shall be preserved consistent with the policies of the Secretary concerned applicable to the O&C Trust lands as of the date on which management authority over the surface estate of the lands is transferred to the O&C Trust. (2) RESTRICTIONS- The Board of Trustees may limit or control public access for reasons of public safety or to protect the resources on the O&C Trust lands. (e) Limitations- The assets of the O&C Trust shall not be subject to the creditors of an O&C Trust county, or otherwise be distributed in an unprotected manner or be subject to anticipation, encumbrance, or expenditure other than for a purpose for which the O&C Trust was created. (f) Remedy- An O&C Trust county shall have all of the rights and remedies that would normally accrue to a beneficiary of a trust. An O&C Trust county shall provide the Board of Trustees, the Secretary concerned, and the Attorney General with not less than 60 days notice of an intent to sue to enforce the O&C Trust county's rights under the O&C Trust. (g) Judicial Review- (1) IN GENERAL- Except as provided in paragraph (2), judicial review of any provision of this title shall be sought in the United States Court of Appeals for the District of Columbia Circuit. Parties seeking judicial review of the validity of any provision of this title must file suit within 90 days after the date of the enactment of this Act and no preliminary injunctive relief or stays pending appeal will be permitted. If multiple cases are filed under this paragraph, the Court shall consolidate the cases. The Court must rule on any action brought under this paragraph within 180 days. (2) DECISIONS OF BOARD OF TRUSTEES- Decisions made by the Board of Trustees shall be subject to judicial review only in an action brought by an O&C County, except that nothing in this title precludes bringing a legal claim against the Board of Trustees that could be brought against a private landowner for the same action. SEC. 313. BOARD OF TRUSTEES. (a) Appointment Authorization- Subject to the conditions on appointment imposed by this section, the Governor is authorized to appoint the Board of Trustees to administer the O&C Trust and O&C Trust lands. Appointments by the Governor shall be made within 60 days after the date of the enactment of this Act. (b) Members and Eligibility- (1) NUMBER- Subject to subsection (c), the Board of Trustees shall consist of seven members. (2) RESIDENCY REQUIREMENT- Members of the Board of Trustees must reside within an O&C Trust county. (3) GEOGRAPHICAL REPRESENTATION- To the extent practicable, the Governor shall ensure broad geographic representation among the O&C Trust counties in appointing members to the Board of Trustees. (c) Composition- The Board of Trustees shall include the following members: (1)(A) Two forestry and wood products representatives, consisting of-- (i) one member who represents the commercial timber, wood products, or milling industries and who represents an Oregon-based company with more than 500 employees, taking into account its affiliates, that has submitted a bid for a timber sale on the Oregon and California Railroad Grant lands, O&C Region Public Domain lands, Coos Bay Wagon Road Grant lands, or O&C Trust lands in the preceding five years; and (ii) one member who represents the commercial wood products or milling industries and who represents an Oregon-based company with 500 or fewer employees, taking into account its affiliates, that has submitted a bid for a timber sale on the Oregon and California Railroad Grant lands, O&C Region Public Domain lands, Coos Bay Wagon Road Grant lands, or O&C Trust lands in the preceding five years. (B) At least one of the two representatives selected in this paragraph must own commercial forest land that is adjacent to the O&C Trust lands and from which the representative has not exported unprocessed timber in the preceding five years. (2) One representative of the general public who has professional experience in one or more of the following fields: (A) Business management. (B) Law. (C) Accounting. (D) Banking. (E) Labor management. (F) Transportation. (G) Engineering. (H) Public policy. (3) One representative of the science community who, at a minimum, holds a Doctor of Philosophy degree in wildlife biology, forestry, ecology, or related field and has published peer-reviewed academic articles in the representative's field of expertise. (4) Three governmental representatives, consisting of-- (A) two members who are serving county commissioners of an O&C Trust county and who are nominated by the governing bodies of a majority of the O&C Trust counties and approved by the Governor, except that the two representatives may not be from the same county; and (B) one member who holds State-wide elected office (or is a designee of such a person) or who represents a federally recognized Indian tribe or tribes within one or more O&C Trust counties. (d) Term, Initial Appointment, Vacancies- (1) TERM- Except in the case of initial appointments, members of the Board of Trustees shall serve for five-year terms and may be reappointed for one consecutive term. (2) INITIAL APPOINTMENTS- In making the first appointments to the Board of Trustees, the Governor shall stagger initial appointment lengths so that two members have three-year terms, two members have four-year terms, and three members have a full five-year term. (3) VACANCIES- Any vacancy on the Board of Trustees shall be filled within 45 days by the Governor for the unexpired term of the departing member. (4) BOARD OF TRUSTEES MANAGEMENT COSTS- Members of the Board of Trustees may receive annual compensation from the O&C Trust at a rate not to exceed 50 percent of the average annual salary for commissioners of the O&C Trust counties for that year. (e) Chairperson and Operations- (1) CHAIRPERSON- A majority of the Board of Trustees shall select the chairperson for the Board of Trustees each year. (2) MEETINGS- The Board of Trustees shall establish proceedings to carry out its duties. The Board shall meet at least quarterly. Except for meetings substantially involving personnel and contractual decisions, all meetings of the Board shall comply with the public meetings law of the State. (f) Quorum and Decision-Making- (1) QUORUM- A quorum shall consist of five members of the Board of Trustees. The presence of a quorum is required to constitute an official meeting of the board of trustees to satisfy the meeting requirement under subsection (e)(2). (2) DECISIONS- All actions and decisions by the Board of Trustees shall require approval by a majority of members. (g) Annual Audit- Financial statements regarding operation of the O&C Trust shall be independently prepared and audited annually for review by the O&C Trust counties, Congress, and the State. SEC. 314. MANAGEMENT OF O&C TRUST LANDS. (a) In General- Except as otherwise provided in this title, the O&C Trust lands will be managed by the Board of Trustees in compliance with all Federal and State laws in the same manner as such laws apply to private forest lands. (b) Timber Sale Plans- The Board of Trustees shall approve and periodically update management and sale plans for the O&C Trust lands consistent with the purpose specified in section 311(b). The Board of Trustees may defer sale plans during periods of depressed timber markets if the Board of Trustees, in its discretion, determines that such delay until markets improve is financially prudent and in keeping with its fiduciary obligation to the O&C Trust counties. (c) Stand Rotation- (1) 100-120 YEAR ROTATION- The Board of Trustees shall manage not less than 50 percent of the harvestable acres of the O&C Trust lands on a 100-120 year rotation. The acreage subject to 100-120 year management shall be geographically dispersed across the O&C Trust lands in a manner that the Board of Trustees, in its discretion, determines will contribute to aquatic and terrestrial ecosystem values. (2) BALANCE- The balance of the harvestable acreage of the O&C Trust lands shall be managed on any rotation age the Board of Trustees, in its discretion and in compliance with applicable State law, determines will best satisfy its fiduciary obligation to provide revenue to the O&C Trust counties. (3) THINNING- Nothing in this subsection is intended to limit the ability of the Board of Trustees to decide, in its discretion, to thin stands of timber on O&C Trust lands. (d) Sale Terms- (1) IN GENERAL- Subject to paragraphs (2) and (3), the Board of Trustees is authorized to establish the terms for sale contracts of timber or other forest products from O&C Trust lands. (2) SET ASIDE- The Board of Trustees shall establish a program consistent with the program of the Bureau of Land Management under a March 10, 1959 Memorandum of Understanding, as amended, regarding calculation of shares and sale of timber set aside for purchase by business entities with 500 or fewer employees and consistent with the regulations in part 121 of title 13, Code of Federal Regulations applicable to timber sale set asides, except that existing shares in effect on the date of enactment of this Act shall apply until the next scheduled recomputation of shares. In implementing its program that is consistent with such Memorandum of Understanding, the Board of Trustees shall utilize the Timber Sale Procedure Handbook and other applicable procedures of the Bureau of Land Management, including the Operating Procedures for Conducting the Five-Year Recomputation of Small Business Share Percentages in effect on January 1, 2013. (3) COMPETITIVE BIDDING- The Board of Trustees must sell timber on a competitive bid basis. No less than 50 percent of the total volume of timber sold by the Board of Trustees each year shall be sold by oral bidding consistent with practices of the Bureau of Land Management as of January 1, 2013. (e) Prohibition on Export- (1) IN GENERAL- As a condition on the sale of timber or other forest products from O&C Trust lands, unprocessed timber harvested from O&C Trust lands may not be exported. (2) VIOLATIONS- Any person who knowingly exports unprocessed timber harvested from O&C Trust lands, who knowingly provides such unprocessed timber for export by another person, or knowingly sells timber harvested from O&C Trust lands to a person who is disqualified from purchasing timber from such lands pursuant to this section shall be disqualified from purchasing timber or other forest products from O&C Trust lands or from Federal lands administered under this subtitle. Any person who uses unprocessed timber harvested from O&C Trust lands in substitution for exported unprocessed timber originating from private lands shall be disqualified from purchasing timber or other forest products from O&C Trust lands or from Federal lands administered under this subtitle. (3) UNPROCESSED TIMBER DEFINED- In this subsection, the term `unprocessed timber' has the meaning given such term in section 493(9) of the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620e(9)). (f) Integrated Pest, Disease, and Weed Management Plan- The Board of Trustees shall develop an integrated pest and vegetation management plan to assist forest managers in prioritizing and minimizing the use of pesticides and herbicides approved by the Environmental Protection Agency and used in compliance with the Oregon Forest Practices Act. The plan shall optimize the ability of the O&C Trust to re-establish forest stands after harvest in compliance with the Oregon Forest Practices Act and to create diverse early seral stage forests. The plan shall allow for the eradication, containment and suppression of disease, pests, weeds and noxious plants, and invasive species as found on the State Noxious Weed List and prioritize ground application of herbicides and pesticides to the greatest extent practicable. The plan shall be completed before the start of the second year of the transition period. The planning process shall be open to the public and the Board of Trustees shall hold not less than two public hearings on the proposed plan before final adoption. (g) Access to Lands Transferred to Forest Service- Persons acting on behalf of the O&C Trust shall have a right of timely access over lands transferred to the Forest Service under section 321 and Tribal lands transferred under subtitle D as is reasonably necessary for the Board of Trustees to carry out its management activities with regard to the O&C Trust lands and the O&C Trust to satisfy its fiduciary duties to O&C counties. (h) Harvest Area Tree and Retention Requirements- (1) IN GENERAL- The O&C Trust lands shall include harvest area tree and retention requirements consistent with State law. (2) USE OF OLD GROWTH DEFINITION- To the greatest extent practicable, and at the discretion of the Board of Trustees, old growth, as defined by the Old Growth Review Panel created by section 324, shall be used to meet the retention requirements applicable under paragraph (1). (i) Riparian Area Management- (1) IN GENERAL- The O&C Trust lands shall be managed with timber harvesting limited in riparian areas as follows: (A) STREAMS- For all fish bearing streams and all perennial non-fish-bearing streams, there shall be no removal of timber within a distance equal to the height of one site potential tree on both sides of the stream channel. For intermittent, non-fish-bearing streams, there shall be no removal of timber within a distance equal to one-half the height of a site potential tree on both sides of the stream channel. For purposes of this subparagraph, the stream channel boundaries are the lines of ordinary high water. (B) LARGER LAKES, PONDS AND RESERVOIRS- For all lakes, ponds, and reservoirs with surface area larger than one quarter of one acre, there shall be no removal of timber within a distance equal to the height of one site potential tree from the line of ordinary high water of the water body. (C) SMALL PONDS AND NATURAL WETLANDS, SPRINGS AND SEEPS- For all ponds with surface area one quarter acre or less, and for all natural wetlands, springs and seeps, there shall be no removal of timber within the area dominated by riparian vegetation. (2) MEASUREMENTS- For purposes of paragraph (1), all distances shall be measured along slopes, and all site potential tree heights shall be average height at maturity of the dominant species of conifer determined at a scale no finer than the applicable fifth field watershed. (3) RULES OF CONSTRUCTION- Nothing in paragraph (1) shall be construed-- (A) to prohibit the falling or placement of timber into streams to create large woody debris for the benefit of aquatic ecosystems; or (B) to prohibit the falling of trees within riparian areas as may be reasonably necessary for safety or operational reasons in areas adjacent to the riparian areas, or for road construction or maintenance pursuant to section 312(c)(3). (j) Fire Protection and Emergency Response- (1) RECIPROCAL FIRE PROTECTION AGREEMENTS- (A) CONTINUATION OF AGREEMENTS- Subject to subparagraphs (B), (C), and (D), any reciprocal fire protection agreement between the State or any other entity and the Secretary concerned with regard to Oregon and California Railroad Grant lands and O&C Region Public Domain lands in effect on the date of the enactment of this Act shall remain in place for a period of ten years after such date unless earlier terminated by the State or other entity. (B) ASSUMPTION OF BLM RIGHTS AND DUTIES- The Board of Trustees shall exercise the rights and duties of the Bureau of Land Management under the agreements described in subparagraph (A), except as such rights and duties might apply to Tribal lands under subtitle D. (C) EFFECT OF EXPIRATION OF PERIOD- Following the expiration of the ten-year period under subparagraph (A), the Board of Trustees shall continue to provide for fire protection of the Oregon and California Railroad Grant lands and O&C Region Public Domain lands, including those transferred to the Forest Service under section 331, through continuation of the reciprocal fire protection agreements, new cooperative agreements, or by any means otherwise permitted by law. The means selected shall be based on the review by the Board of Trustees of whether the reciprocal fire protection agreements were effective in protecting the lands from fire. (D) EMERGENCY RESPONSE- Nothing in this paragraph shall prevent the Secretary of Agriculture from an emergency response to a fire on the O&C Trust lands or lands transferred to the Forest Service under section 321. (2) EMERGENCY RESPONSE TO FIRE- Subject to paragraph (1), if the Secretary of Agriculture determines that fire on any of the lands transferred under section 321 is burning uncontrolled or the Secretary, the Board of Trustees, or contracted party does not have readily and immediately available personnel and equipment to control or extinguish the fire, the Secretary, or any forest protective association or agency under contract or agreement with the Secretary or the Board of Trustees for the protection of forestland against fire, shall summarily and aggressively abate the nuisance thus controlling and extinguishing the fire. (k) Northern Spotted Owl- So long as the O&C Trust maintains the 100-120 year rotation on 50 percent of the harvestable acres required in subsection (c), the section 321 lands representing the best quality habitat for the owl are transferred to the Forest Service, and the O&C Trust protects currently occupied northern spotted owl nest sites consistent with the forest practices in the Oregon Forest Practices Act, management of the O&C Trust land by the Board of Trustees shall be considered to comply with section 9 of Public Law 93-205 (16 U.S.C. 1538) for the northern spotted owl. A currently occupied northern spotted owl nest site shall be considered abandoned if there are no northern spotted owl responses following three consecutive years of surveys using the Protocol for Surveying Management Activities that May Impact Northern Spotted Owls dated February 2, 2013. SEC. 315. DISTRIBUTION OF REVENUES FROM O&C TRUST LANDS. (a) Annual Distribution of Revenues- (1) TIME FOR DISTRIBUTION; USE- Payments to each O&C Trust county shall be made available to the general fund of the O&C Trust county as soon as practicable following the end of each fiscal year, to be used as are other unrestricted county funds. (2) AMOUNT- The amount paid to an O&C Trust county in relation to the total distributed to all O&C Trust counties for a fiscal year shall be based on the proportion that the total assessed value of the Oregon and California Railroad Grant lands in each of the O&C Trust counties for fiscal year 1915 bears to the total assessed value of all of the Oregon and California Railroad Grant lands in the State for that same fiscal year. However, for the purposes of this subsection the portion of the revested Oregon and California Railroad Grant lands in each of the O&C Trust counties that was not assessed for fiscal year 1915 shall be deemed to have been assessed at the average assessed value of the Oregon and California Railroad Grant lands in the county. (3) LIMITATION- After the fifth payment made under this subsection, the payment to an O&C Trust county for a fiscal year shall not exceed 110 percent of the previous year's payment to the O&C Trust county, adjusted for inflation based on the consumer price index applicable to the geographic area in which the O&C Trust counties are located. (b) Reserve Fund- (1) ESTABLISHMENT OF RESERVE FUND- The Board of Trustees shall generate and maintain a reserve fund. (2) DEPOSITS TO RESERVE FUND- Within 10 years after creation of the O&C Trust or as soon thereafter as is practicable, the Board of Trustees shall establish and seek to maintain an annual balance of $125,000,000 in the Reserve Fund, to be derived from revenues generated from management activities involving O&C Trust lands. All annual revenues generated in excess of operating costs and payments to O&C Trust counties required by subsection (a) and payments into the Conservation Fund as provided in subsection (c) shall be deposited in the Reserve Fund. (3) EXPENDITURES FROM RESERVE FUND- The Board of Trustees shall use amounts in the Reserve Fund only-- (A) to pay management and administrative expenses or capital improvement costs on O&C Trust lands; and (B) to make payments to O&C Trust counties when payments to the counties under subsection (a) are projected to be 90 percent or less of the previous year's payments. (c) O&C Trust Conservation Fund- (1) ESTABLISHMENT OF CONSERVATION FUND- The Board of Trustees shall use a portion of revenues generated from activity on the O&C Trust lands, consistent with paragraph (2), to establish and maintain a O&C Trust Conservation Fund. The O&C Trust Conservation Fund shall include no Federal appropriations. (2) REVENUES- Following the transition period, five percent of the O&C Trust's annual net operating revenue, after deduction of all management costs and expenses, including the payment required under section 317, shall be deposited to the O&C Trust Conservation Fund. (3) EXPENDITURES FROM CONSERVATION FUND- The Board of Trustees shall use amounts from the O&C Trust Conservation Fund only-- (A) to fund the voluntary acquisition of conservation easements from willing private landowners in the State; (B) to fund watershed restoration, remediation and enhancement projects within the State; or (C) to contribute to balancing values in a land exchange with willing private landowners proposed under section 323(b), if the land exchange will result in a net increase in ecosystem benefits for fish, wildlife, or rare native plants. SEC. 316. LAND EXCHANGE AUTHORITY. (a) Authority- Subject to approval by the Secretary concerned, the Board of Trustees may negotiate proposals for land exchanges with owners of lands adjacent to O&C Trust lands in order to create larger contiguous blocks of land under management by the O&C Trust to facilitate resource management, to improve conservation value of such lands, or to improve the efficiency of management of such lands. (b) Approval Required; Criteria- The Secretary concerned may approve a land exchange proposed by the Board of Trustees administratively if the exchange meets the following criteria: (1) The non-Federal lands are completely within the State. (2) The non-Federal lands have high timber production value, or are necessary for more efficient or effective management of adjacent or nearby O&C Trust lands. (3) The non-Federal lands have equal or greater value to the O&C Trust lands proposed for exchange. (4) The proposed exchange is reasonably likely to increase the net income to the O&C Trust counties over the next 20 years and not decrease the net income to the O&C Trust counties over the next 10 years. (c) Acreage Limitation- The Secretary concerned shall not approve land exchanges under this section that, taken together with all previous exchanges involving the O&C Trust lands, have the effect of reducing the total acreage of the O&C Trust lands by more than five percent from the total acreage to be designated as O&C Trust land under section 311(c)(1). (d) Inapplicability of Certain Laws- Section 3 of the Oregon Public Lands Transfer and Protection Act of 1998 (Public Law 105-321; 112 Stat. 3022), the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et. seq.), including the amendments made by the Federal Land Exchange Facilitation Act of 1988 (Public Law 100-409; 102 Stat. 1086), the Act of March 20, 1922 (16 U.S.C. 485, 486), and the Act of March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480 et seq.) shall not apply to the land exchange authority provided by this section. (e) Exchanges With Forest Service- (1) EXCHANGES AUTHORIZED- The Board of Trustees is authorized to engage in land exchanges with the Forest Service if approved by the Secretary pursuant to section 323(c). (2) MANAGEMENT OF EXCHANGED LANDS- Following completion of a land exchange under paragraph (1), the management requirements applicable to the newly acquired lands by the O&C Trust or the Forest Service shall be the same requirements under this subtitle applicable to the other lands that are managed by the O&C Board or the Forest Service. SEC. 317. PAYMENTS TO THE UNITED STATES TREASURY. As soon as practicable after the end of the third fiscal year of the transition period and in each of the subsequent seven fiscal years, the O&C Trust shall submit a payment of $10,000,000 to the United States Treasury. CHAPTER 2--TRANSFER OF CERTAIN LANDS TO FOREST SERVICE SEC. 321. TRANSFER OF CERTAIN OREGON AND CALIFORNIA RAILROAD GRANT LANDS TO FOREST SERVICE. (a) Transfer Required- The Secretary of the Interior shall transfer administrative jurisdiction over all Oregon and California Railroad Grant lands and O&C Region Public Domain lands not designated as O&C Trust lands by subparagraphs (A) through (F) of section 311(c)(1), including those lands excluded by section 311(c)(2), to the Secretary of Agriculture for inclusion in the National Forest System and administration by the Forest Service as provided in section 322. (b) Exception- This section does not apply to Tribal lands transferred under subtitle D. SEC. 322. MANAGEMENT OF TRANSFERRED LANDS BY FOREST SERVICE. (a) Assignment to Existing National Forests- To the greatest extent practicable, management responsibilities for the lands transferred under section 321 shall be assigned to the unit of the National Forest System geographically closest to the transferred lands. The Secretary of Agriculture shall have ultimate decision-making authority, but shall assign the transferred lands to a unit not later than the applicable transfer date provided in the transition period. (b) Application of Northwest Forest Plan- (1) IN GENERAL- Except as provided in paragraph (2), the lands transferred under section 321 shall be managed under the Northwest Forest Plan and shall retain Northwest Forest Plan land use designations until or unless changed in the manner provided by Federal laws applicable to the administration and management of the National Forest System. (2) EXCEPTION FOR CERTAIN DESIGNATED LANDS- The lands excluded from the O&C Trust by subparagraphs (A) through (F) of section 311(c)(2) and transferred to the Forest Service under section 321 shall be managed as provided by Federal laws applicable to the lands. (c) Protection of Old Growth- Old growth, as defined by the Old Growth Review Panel pursuant to rulemaking conducted in accordance with section 553 of title 5, United States Code, shall not be harvested by the Forest Service on lands transferred under section 321. (d) Emergency Response to Fire- Subject to section 314(i), if the Secretary of Agriculture determines that fire on any of the lands transferred under section 321 is burning uncontrolled or the Secretary or contracted party does not have readily and immediately available personnel and equipment to control or extinguish the fire, the Secretary, or any forest protective association or agency under contract or agreement with the Secretary for the protection of forestland against fire, and within whose protection area the fire exists, shall summarily and aggressively abate the nuisance thus controlling and extinguishing the fire. SEC. 323. MANAGEMENT EFFICIENCIES AND EXPEDITED LAND EXCHANGES. (a) Land Exchange Authority- The Secretary of Agriculture may conduct land exchanges involving lands transferred under section 321, other than the lands excluded from the O&C Trust by subparagraphs (A) through (F) of section 311(c)(2), in order create larger contiguous blocks of land under management of the Secretary to facilitate resource management, to improve conservation value of such lands, or to improve the efficiency of management of such lands. (b) Criteria for Exchanges With Non-Federal Owners- The Secretary of Agriculture may conduct a land exchange administratively under this section with a non-Federal owner (other than the O&C Trust) if the land exchange meets the following criteria: (1) The non-Federal lands are completely within the State. (2) The non-Federal lands have high wildlife conservation or recreation value or the exchange is necessary to increase management efficiencies of lands administered by the Forest Service for the purposes of the National Forest System. (3) The non-Federal lands have equal or greater value to the Federal lands purposed for exchange or a balance of values can be achieved-- (A) with a grant of funds provided by the O&C Trust pursuant to section 315(c); or (B) from other sources. (c) Criteria for Exchanges With O&C Trust- The Secretary of Agriculture may conduct land exchanges with the Board of Trustees administratively under this subsection, and such an exchange shall be deemed to not involve any Federal action or Federal discretionary involvement or control if the land exchange with the O&C Trust meets the following criteria: (1) The O&C Trust lands to be exchanged have high wildlife value or ecological value or the exchange would facilitate resource management or otherwise contribute to the management efficiency of the lands administered by the Forest Service. (2) The exchange is requested or approved by the Board of Trustees for the O&C Trust and will not impair the ability of the Board of Trustees to meet its fiduciary responsibilities. (3) The lands to be exchanged by the Forest Service do not contain stands of timber meeting the definition of old growth established by the Old Growth Review Panel pursuant to section 324. (4) The lands to be exchanged are equal in acreage. (d) Acreage Limitation- The Secretary of Agriculture shall not approve land exchanges under this section that, taken together with all previous exchanges involving the lands described in subsection (a), have the effect of reducing the total acreage of such lands by more than five percent from the total acreage originally transferred to the Secretary. (e) Inapplicability of Certain Laws- Section 3 of the Oregon Public Lands Transfer and Protection Act of 1998 (Public Law 105-321; 112 Stat. 3022), the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et. seq.), including the amendments made by the Federal Land Exchange Facilitation Act of 1988 (Public Law 100-409; 102 Stat. 1086), the Act of March 20, 1922 (16 U.S.C. 485, 486), and the Act of March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480 et seq.) shall not apply to the land exchange authority provided by this section. SEC. 324. REVIEW PANEL AND OLD GROWTH PROTECTION. (a) Appointment; Members- Within 60 days after the date of the enactment of this Act the Secretary of Agriculture shall appoint an Old Growth Review Panel consisting of five members. At a minimum, the members must hold a Doctor of Philosophy degree in wildlife biology, forestry, ecology, or related field and published peer-reviewed academic articles in their field of expertise. (b) Purpose of Review- Members of the Old Growth Review Panel shall review existing, published, peer-reviewed articles in relevant academic journals and establish a definition or definitions of old growth as it applies to the ecologically, geographically and climatologically unique Oregon and California Railroad Grant lands and O&C Region Public Domain lands managed by the O&C Trust or the Forest Service only. The definition or definitions shall bear no legal force, shall not be used as a precedent for, and shall not apply to any lands other than the Oregon and California Railroad Grant lands and O&C Region Public Domain lands managed by the O&C Trust or the Forest Service in western Oregon. The definition or definitions shall not apply to Tribal lands. (c) Submission of Results- The definition or definitions for old growth in western Oregon established under subsection (b), if approved by at least four members of the Old Growth Review Panel, shall be submitted to the Secretary of Agriculture within six months after the date of the enactment of this Act. SEC. 325. UNIQUENESS OF OLD GROWTH PROTECTION ON OREGON AND CALIFORNIA RAILROAD GRANT LANDS. All sections of this subtitle referring to the term `old growth' are uniquely suited to resolve management issues for the lands covered by this subtitle only, and shall not be construed as precedent for any other situation involving management of other Federal, State, Tribal, or private lands. CHAPTER 3--TRANSITION SEC. 331. TRANSITION PERIOD AND OPERATIONS. (a) Transition Period- (1) COMMENCEMENT; DURATION- Effective on October 1 of the first fiscal year beginning after the appointment of the Board of Trustees under section 313, a transition period of three fiscal years shall commence. (2) EXCEPTIONS- Unless specifically stated in the following subsections, any action under this section shall be deemed not to involve Federal agency action or Federal discretionary involvement or control. (b) Year One- (1) APPLICABILITY- During the first fiscal year of the transition period, the activities described in this subsection shall occur. (2) BOARD OF TRUSTEES ACTIVITIES- The Board of Trustees shall employ sufficient staff or contractors to prepare for beginning management of O&C Trust lands and O&C Region Public Domain lands in the second fiscal year of the transition period, including preparation of management plans and a harvest schedule for the lands over which management authority is transferred to the O&C Trust in the second fiscal year. (3) FOREST SERVICE ACTIVITIES- The Forest Service shall begin preparing to assume management authority of all Oregon and California Railroad Grant lands and O&C Region Public Domain lands transferred under section 321 in the second fiscal year. (4) SECRETARY CONCERNED ACTIVITIES- The Secretary concerned shall continue to exercise management authority over all Oregon and California Railroad Grant lands and O&C Region Public Domain lands under all existing Federal laws. (5) INFORMATION SHARING- Upon written request from the Board of Trustees, the Secretary of the Interior shall provide copies of any documents or data, however stored or maintained, that includes the requested information concerning O&C Trust lands. The copies shall be provided as soon as practicable and to the greatest extent possible, but in no event later than 30 days following the date of the request. (6) EXCEPTION- This subsection does not apply to Tribal lands transferred under subtitle D. (c) Year Two- (1) APPLICABILITY- During the second fiscal year of the transition period, the activities described in this subsection shall occur. (2) TRANSFER OF O&C TRUST LANDS- Effective on October 1 of the second fiscal year of the transition period, management authority over the O&C Trust lands shall be transferred to the O&C Trust. (3) TRANSFER OF LANDS TO FOREST SERVICE- The transfers required by section 321 shall occur. (4) INFORMATION SHARING- The Secretary of Agriculture shall obtain and manage, as soon as practicable, all documents and data relating to the Oregon and California Railroad Grant lands, O&C Region Public Domain lands, and Coos Bay Wagon Road lands previously managed by the Bureau of Land Management. Upon written request from the Board of Trustees, the Secretary of Agriculture shall provide copies of any documents or data, however stored or maintained, that includes the requested information concerning O&C Trust lands. The copies shall be provided as soon as practicable and to the greatest extent possible, but in no event later than 30 days following the date of the request. (5) IMPLEMENTATION OF MANAGEMENT PLAN- The Board of Trustees shall begin implementing its management plan for the O&C Trust lands and revise the plan as necessary. Distribution of revenues generated from all activities on the O&C Trust lands shall be subject to section 315. (d) Year Three and Subsequent Years- (1) APPLICABILITY- During the third fiscal year of the transition period and all subsequent fiscal years, the activities described in this subsection shall occur. (2) BOARD OF TRUSTEES MANAGEMENT- The Board of Trustees shall manage the O&C Trust lands pursuant to subtitle A. SEC. 332. O&C TRUST MANAGEMENT CAPITALIZATION. (a) Borrowing Authority- The Board of Trustees is authorized to borrow from any available private sources and non-Federal, public sources in order to provide for the costs of organization, administration, and management of the O&C Trust during the three-year transition period provided in section 331. (b) Support- Notwithstanding any other provision of law, O&C Trust counties are authorized to loan to the O&C Trust, and the Board of Trustees is authorized to borrow from willing O&C Trust counties, amounts held on account by such counties that are required to be expended in accordance with the Act of May 23,1908 (35 Stat. 260; 16 U.S.C. 500) and section 13 of the Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500), except that, upon repayment by the O&C Trust, the obligation of such counties to expend the funds in accordance with such Acts shall continue to apply. SEC. 333. EXISTING BUREAU OF LAND MANAGEMENT AND FOREST SERVICE CONTRACTS. (a) Treatment of Existing Contracts- Any work or timber contracts sold or awarded by the Bureau of Land Management or Forest Service on or with respect to Oregon and California Railroad Grant lands or O&C Region Public Domain lands before the transfer of the lands to the O&C Trust or the Forest Service, or Tribal lands transferred under subtitle D, shall remain binding and effective according to the terms of the contracts after the transfer of the lands. The Board of Trustees and Secretary concerned shall make such accommodations as are necessary to avoid interfering in any way with the performance of the contracts. (b) Treatment of Payments Under Contracts- Payments made pursuant to the contracts described in subsection (a), if any, shall be made as provided in those contracts and not made to the O&C Trust. SEC. 334. PROTECTION OF VALID EXISTING RIGHTS AND ACCESS TO NON-FEDERAL LAND. (a) Valid Rights- Nothing in this title, or any amendment made by this title, shall be construed as terminating any valid lease, permit, patent, right-of-way, agreement, or other right of authorization existing on the date of the enactment of this Act with regard to Oregon and California Railroad Grant lands or O&C Region Public Domain lands, including O&C Trust lands over which management authority is transferred to the O&C Trust pursuant to section 311(c)(1), lands transferred to the Forest Service under section 321, and Tribal lands transferred under subtitle D. (b) Access to Lands- (1) EXISTING ACCESS RIGHTS- The Secretary concerned shall preserve all rights of access and use, including (but not limited to) reciprocal right-of-way agreements, tail hold agreements, or other right-of-way or easement obligations existing on the date of the enactment of this Act, and such rights shall remain applicable to lands covered by this subtitle in the same manner and to the same extent as such rights applied before the date of the enactment of this Act. (2) NEW ACCESS RIGHTS- If a current or future landowner of land intermingled with Oregon and California Railroad Grant lands or O&C Region Public Domain lands does not have an existing access agreement related to the lands covered by this subtitle, the Secretary concerned shall enter into an access agreement, including appurtenant lands, to secure the landowner the reasonable use and enjoyment of the landowner's land, including the harvest and hauling of timber. (c) Management Cooperation- The Board of Trustees and the Secretary concerned shall provide current and future landowners of land intermingled with Oregon and California Railroad Grant lands or O&C Region Public Domain lands the permission needed to manage their lands, including to locate tail holds, tramways, and logging wedges, to purchase guylines, and to cost-share property lines surveys to the lands covered by this subtitle, within 30 days after receiving notification of the landowner's plan of operation. (d) Judicial Review- Notwithstanding section 312(g)(2), a private landowner may obtain judicial review of a decision of the Board of Trustees to deny-- (1) the landowner the rights provided by subsection (b) regarding access to the landowner's land; or (2) the landowner the reasonable use and enjoyment of the landowner's land. SEC. 335. REPEAL OF SUPERSEDED LAW RELATING TO OREGON AND CALIFORNIA RAILROAD GRANT LANDS. (a) Repeal- Except as provided in subsection (b), the Act of August 28, 1937 (43 U.S.C. 1181a et seq.) is repealed effective on October 1 of the first fiscal year beginning after the appointment of the Board of Trustees. (b) Effect of Certain Court Rulings- If, as a result of judicial review authorized by section 312, any provision of this subtitle is held to be invalid and implementation of the provision or any activity conducted under the provision is then enjoined, the Act of August 28, 1937 (43 U.S.C. 1181a et seq.), as in effect immediately before its repeal by subsection (a), shall be restored to full legal force and effect as if the repeal had not taken effect. Subtitle B--Coos Bay Wagon Roads SEC. 341. TRANSFER OF MANAGEMENT AUTHORITY OVER CERTAIN COOS BAY WAGON ROAD GRANT LANDS TO COOS COUNTY, OREGON. (a) Transfer Required- Except in the case of the lands described in subsection (b), the Secretary of the Interior shall transfer management authority over the Coos Bay Wagon Road Grant lands reconveyed to the United States pursuant to the first section of the Act of February 26, 1919 (40 Stat. 1179), and the surface resources thereon, to the Coos County government. The transfer shall be completed not later than one year after the date of the enactment of this Act. (b) Lands Excluded- The transfer under subsection (a) shall not include any of the following Coos Bay Wagon Road Grant lands: (1) Federal lands within the National Landscape Conservation System as of January 1, 2013. (2) Federal lands designated as Areas of Critical Environmental Concern as of January 1, 2013. (3) Federal lands that were in the National Wilderness Preservation System as of January 1, 2013. (4) Federal lands included in the National Wild and Scenic Rivers System of January 1, 2013. (5) Federal lands within the boundaries of a national monument, park, or other developed recreation area as of January 1, 2013. (6) All stands of timber generally older than 125 years old, as of January 1, 2011, which shall be conclusively determined by reference to the polygon spatial data layer in the electronic data compilation filed by the Bureau of Land Management based on the predominant birth-date attribute, and the boundaries of such stands shall be conclusively determined for all purposes by the global positioning system coordinates for such stands. (7) Tribal lands addressed in subtitle D. (c) Management- (1) IN GENERAL- Coos County shall manage the Coos Bay Wagon Road Grant lands over which management authority is transferred under subsection (a) consistent with section 314, and for purposes of applying such section, `Board of Trustees' shall be deemed to mean `Coos County' and `O&C Trust lands' shall be deemed to mean the transferred lands. (2) RESPONSIBILITY FOR MANAGEMENT COSTS- Coos County shall be responsible for all management and administrative costs of the Coos Bay Wagon Road Grant lands over which management authority is transferred under subsection (a). (3) MANAGEMENT CONTRACTS- Coos County may contract, if competitively bid, with one or more public, private, or tribal entities, including (but not limited to) the Coquille Indian Tribe, if such entities are substantially based in Coos or Douglas Counties, Oregon, to manage and administer the lands. (d) Treatment of Revenues- (1) IN GENERAL- All revenues generated from the Coos Bay Wagon Road Grant lands over which management authority is transferred under subsection (a) shall be deposited in the general fund of the Coos County treasury to be used as are other unrestricted county funds. (2) TREASURY- As soon as practicable after the end of the third fiscal year of the transition period and in each of the subsequent seven fiscal years, Coos County shall submit a payment of $400,000 to the United States Treasury. (3) DOUGLAS COUNTY- Beginning with the first fiscal year for which management of the Coos Bay Wagon Road Grant lands over which management authority is transferred under subsection (a) generates net positive revenues, and for all subsequent fiscal years, Coos County shall transmit a payment to the general fund of the Douglas County treasury from the net revenues generated from the lands. The payment shall be made as soon as practicable following the end of each fiscal year and the amount of the payment shall bear the same proportion to total net revenues for the fiscal year as the proportion of the Coos Bay Wagon Road Grant lands in Douglas County in relation to all Coos Bay Wagon Road Grant lands in Coos and Douglas Counties as of January 1, 2013. SEC. 342. TRANSFER OF CERTAIN COOS BAY WAGON ROAD GRANT LANDS TO FOREST SERVICE. The Secretary of the Interior shall transfer administrative jurisdiction over the Coos Bay Wagon Road Grant lands excluded by paragraphs (1) through (6) of section 341(b) to the Secretary of Agriculture for inclusion in the National Forest System and administration by the Forest Service as provided in section 322. SEC. 343. LAND EXCHANGE AUTHORITY. Coos County may recommend land exchanges to the Secretary of Agriculture and carry out such land exchanges in the manner provided in section 316. Subtitle C--Oregon Treasures CHAPTER 1--WILDERNESS AREAS SEC. 351. DESIGNATION OF DEVIL'S STAIRCASE WILDERNESS. (a) Designation- In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the Federal land in the State of Oregon administered by the Forest Service and the Bureau of Land Management, comprising approximately 30,520 acres, as generally depicted on the map titled `Devil's Staircase Wilderness Proposal', dated October 26, 2009, are designated as a wilderness area for inclusion in the National Wilderness Preservation System and to be known as the `Devil's Staircase Wilderness'. (b) Map and Legal Description- As soon as practicable after the date of the enactment of this Act, the Secretary shall file with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of wilderness area designated by subsection (a). The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and description. In the case of any discrepancy between the acreage specified in subsection (a) and the map, the map shall control. The map and legal description shall be on file and available for public inspection in the Office of the Chief of the Forest Service. (c) Administration- (1) IN GENERAL- Subject to valid existing rights, the Devil's Staircase Wilderness Area shall be administered by the Secretaries of Agriculture and the Interior, in accordance with the Wilderness Act and the Oregon Wilderness Act of 1984, except that, with respect to the wilderness area, any reference in the Wilderness Act to the effective date of that Act shall be deemed to be a reference to the date of the enactment of this Act. (2) FOREST SERVICE ROADS- As provided in section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary of Agriculture shall-- (A) decommission any National Forest System road within the wilderness boundaries; and (B) convert Forest Service Road 4100 within the wilderness boundary to a trail for primitive recreational use. (d) Incorporation of Acquired Land and Interests- Any land within the boundary of the wilderness area designated by this section that is acquired by the United States shall-- (1) become part of the Devil's Staircase Wilderness Area; and (2) be managed in accordance with this section and any other applicable law. (e) Fish and Wildlife- Nothing in this section shall be construed as affecting the jurisdiction or responsibilities of the State of Oregon with respect to wildlife and fish in the national forests. (f) Withdrawal- Subject to valid rights in existence on the date of enactment of this Act, the Federal land designated as wilderness area by this section is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (g) Protection of Tribal Rights- Nothing in this section shall be construed to diminish-- (1) the existing rights of any Indian tribe; or (2) tribal rights regarding access to Federal lands for tribal activities, including spiritual, cultural, and traditional food gathering activities. SEC. 352. EXPANSION OF WILD ROGUE WILDERNESS AREA. (a) Expansion- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land managed by the Bureau of Land Management, comprising approximately 58,100 acres, as generally depicted on the map entitled `Wild Rogue', dated September 16, 2010, are hereby included in the Wild Rogue Wilderness, a component of the National Wilderness Preservation System. (b) Maps and Legal Descriptions- (1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall file a map and a legal description of the wilderness area designated by this section, with-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) FORCE OF LAW- The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the maps and legal descriptions. (3) PUBLIC AVAILABILITY- Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (c) Administration- Subject to valid existing rights, the area designated as wilderness by this section shall be administered by the Secretary of Agriculture in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.). (d) Withdrawal- Subject to valid rights in existence on the date of enactment of this Act, the Federal land designated as wilderness by this section is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. CHAPTER 2--WILD AND SCENIC RIVER DESIGNATED AND RELATED PROTECTIONS SEC. 361. WILD AND SCENIC RIVER DESIGNATIONS, MOLALLA RIVER. (a) Designations- Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: `( XX ) MOLALLA RIVER, OREGON- The following segments in the State of Oregon, to be administered by the Secretary of the Interior as a recreational river: `(A) The approximately 15.1-mile segment from the southern boundary line of T. 7 S., R. 4 E., sec. 19, downstream to the edge of the Bureau of Land Management boundary in T. 6 S., R. 3 E., sec. 7. `(B) The approximately 6.2-mile segment from the easternmost Bureau of Land Management boundary line in the NE 1/4 sec. 4, T. 7 S., R. 4 E., downstream to the confluence with the Molalla River.'. (b) Technical Corrections- Section 3(a)(102) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(102)) is amended-- (1) in the heading, by striking `Squaw Creek' and inserting `Whychus Creek'; (2) in the matter preceding subparagraph (A), by striking `McAllister Ditch, including the Soap Fork Squaw Creek, the North Fork, the South Fork, the East and West Forks of Park Creek, and Park Creek Fork' and inserting `Plainview Ditch, including the Soap Creek, the North and South Forks of Whychus Creek, the East and West Forks of Park Creek, and Park Creek'; and (3) in subparagraph (B), by striking `McAllister Ditch' and inserting `Plainview Ditch'. SEC. 362. WILD AND SCENIC RIVERS ACT TECHNICAL CORRECTIONS RELATED TO CHETCO RIVER. Section 3(a)(69) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(69)) is amended-- (1) by inserting before the `The 44.5-mile' the following: `(A) DESIGNATIONS- '; (2) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively (and by moving the margins 2 ems to the right); (3) in clause (i), as redesignated-- (A) by striking `25.5-mile' and inserting `27.5-mile'; and (B) by striking `Boulder Creek at the Kalmiopsis Wilderness boundary' and inserting `Mislatnah Creek'; (4) in clause (ii), as redesignated-- (A) by striking `8' and inserting `7.5'; (B) by striking `Boulder Creek' and inserting `Mislatnah Creek'; and (C) by striking `Steel Bridge' and inserting `Eagle Creek'; (5) in clause (iii), as redesignated-- (A) by striking `11' and inserting `9.5'; and (B) by striking `Steel Bridge' and inserting `Eagle Creek'; and (6) by adding at the end the following: `(B) WITHDRAWAL- Subject to valid rights, the Federal land within the boundaries of the river segments designated by subparagraph (A), is withdrawn from all forms of-- `(i) entry, appropriation, or disposal under the public land laws; `(ii) location, entry, and patent under the mining laws; and `(iii) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.'. SEC. 363. WILD AND SCENIC RIVER DESIGNATIONS, WASSON CREEK AND FRANKLIN CREEK. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: `( XX ) FRANKLIN CREEK, OREGON- The 4.5-mile segment from the headwaters to the private land boundary in section 8 to be administered by the Secretary of Agriculture as a wild river. `( XX ) WASSON CREEK, OREGON- `(A) The 4.2-mile segment from the eastern edge of section 17 downstream to the boundary of sections 11 and 12 to be administered by the Secretary of Interior as a wild river. `(B) The 5.9-mile segment downstream from the boundary of sections 11 and 12 to the private land boundary in section 22 to be administered by the Secretary of Agriculture as a wild river.'. SEC. 364. WILD AND SCENIC RIVER DESIGNATIONS, ROGUE RIVER AREA. (a) Designations- Section 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (relating to the Rogue River, Oregon) is amended by adding at the end the following: `In addition to the segment described in the previous sentence, the following segments in the Rogue River area are designated: `(A) KELSEY CREEK- The approximately 4.8 miles of Kelsey Creek from east section line of T32S, R9W, sec. 34, W.M. to the confluence with the Rogue River as a wild river. `(B) EAST FORK KELSEY CREEK- The approximately 4.6 miles of East Fork Kelsey Creek from the Wild Rogue Wilderness boundary in T33S, R8W, sec. 5, W.M. to the confluence with Kelsey Creek as a wild river. `(C) WHISKY CREEK- `(i) The approximately 0.6 miles of Whisky Creek from the confluence of the East Fork and West Fork to 0.1 miles downstream from road 33-8-23 as a recreational river. `(ii) The approximately 1.9 miles of Whisky Creek from 0.1 miles downstream from road 33-8-23 to the confluence with the Rogue River as a wild river. `(D) EAST FORK WHISKY CREEK- `(i) The approximately 2.8 miles of East Fork Whisky Creek from the Wild Rogue Wilderness boundary in T33S, R8W, sec. 11, W.M. to 0.1 miles downstream of road 33-8-26 crossing as a wild river. `(ii) The approximately .3 miles of East Fork Whisky Creek from 0.1 miles downstream of road 33-8-26 to the confluence with Whisky Creek as a recreational river. `(E) WEST FORK WHISKY CREEK- The approximately 4.8 miles of West Fork Whisky Creek from its headwaters to the confluence with Whisky Creek as a wild river. `(F) BIG WINDY CREEK- `(i) The approximately 1.5 miles of Big Windy Creek from its headwaters to 0.1 miles downstream from road 34-9-17.1 as a scenic river. `(ii) The approximately 5.8 miles of Big Windy Creek from 0.1 miles downstream from road 34-9-17.1 to the confluence with the Rogue River as a wild river. `(G) EAST FORK BIG WINDY CREEK- `(i) The approximately 0.2 miles of East Fork Big Windy Creek from its headwaters to 0.1 miles downstream from road 34-8-36 as a scenic river. `(ii) The approximately 3.7 miles of East Fork Big Windy Creek from 0.1 miles downstream from road 34-8-36 to the confluence with Big Windy Creek as a wild river. `(H) LITTLE WINDY CREEK- The approximately 1.9 miles of Little Windy Creek from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue River as a wild river. `(I) HOWARD CREEK- `(i) The approximately 0.3 miles of Howard Creek from its headwaters to 0.1 miles downstream of road 34-9-34 as a scenic river. `(ii) The approximately 6.9 miles of Howard Creek from 0.1 miles downstream of road 34-9-34 to the confluence with the Rogue River as a wild river. `(J) MULE CREEK- The approximately 6.3 miles of Mule Creek from east section line of T32S, R10W, sec. 25, W.M. to the confluence with the Rogue River as a wild river. `(K) ANNA CREEK- The approximately 3.5-mile section of Anna Creek from its headwaters to the confluence with Howard Creek as a wild river. `(L) MISSOURI CREEK- The approximately 1.6 miles of Missouri Creek from the Wild Rogue Wilderness boundary in T33S, R10W, sec. 24, W.M. to the confluence with the Rogue River as a wild river. `(M) JENNY CREEK- The approximately 1.8 miles of Jenny Creek from the Wild Rogue Wilderness boundary in T33S, R9W, sec. 28, W.M. to the confluence with the Rogue River as a wild river. `(N) RUM CREEK- The approximately 2.2 miles of Rum Creek from the Wild Rogue Wilderness boundary in T34S, R8W, sec. 9, W.M. to the confluence with the Rogue River as a wild river. `(O) EAST FORK RUM CREEK- The approximately 1.5 miles of East Rum Creek from the Wild Rogue Wilderness boundary in T34S, R8W, sec. 10, W.M. to the confluence with Rum Creek as a wild river. `(P) WILDCAT CREEK- The approximately 1.7-mile section of Wildcat Creek from its headwaters downstream to the confluence with the Rogue River as a wild river. `(Q) MONTGOMERY CREEK- The approximately 1.8-mile section of Montgomery Creek from its headwaters downstream to the confluence with the Rogue River as a wild river. `(R) HEWITT CREEK- The approximately 1.2 miles of Hewitt Creek from the Wild Rogue Wilderness boundary in T33S, R9W, sec. 19, W.M. to the confluence with the Rogue River as a wild river. `(S) BUNKER CREEK- The approximately 6.6 miles of Bunker Creek from its headwaters to the confluence with the Rogue River as a wild river. `(T) DULOG CREEK- `(i) The approximately 0.8 miles of Dulog Creek from its headwaters to 0.1 miles downstream of road 34-8-36 as a scenic river. `(ii) The approximately 1.0 miles of Dulog Creek from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue River as a wild river. `(U) QUAIL CREEK- The approximately 1.7 miles of Quail Creek from the Wild Rogue Wilderness boundary in T33S, R10W, sec. 1, W.M. to the confluence with the Rogue River as a wild river. `(V) MEADOW CREEK- The approximately 4.1 miles of Meadow Creek from its headwaters to the confluence with the Rogue River as a wild river. `(W) RUSSIAN CREEK- The approximately 2.5 miles of Russian Creek from the Wild Rogue Wilderness boundary in T33S, R8W, sec. 20, W.M. to the confluence with the Rogue River as a wild river. `(X) ALDER CREEK- The approximately 1.2 miles of Alder Creek from its headwaters to the confluence with the Rogue River as a wild river. `(Y) BOOZE CREEK- The approximately 1.5 miles of Booze Creek from its headwaters to the confluence with the Rogue River as a wild river. `(Z) BRONCO CREEK- The approximately 1.8 miles of Bronco Creek from its headwaters to the confluence with the Rogue River as a wild river. `(AA) COPSEY CREEK- The approximately 1.5 miles of Copsey Creek from its headwaters to the confluence with the Rogue River as a wild river. `(BB) CORRAL CREEK- The approximately 0.5 miles of Corral Creek from its headwaters to the confluence with the Rogue River as a wild river. `(CC) COWLEY CREEK- The approximately 0.9 miles of Cowley Creek from its headwaters to the confluence with the Rogue River as a wild river. `(DD) DITCH CREEK- The approximately 1.8 miles of Ditch Creek from the Wild Rogue Wilderness boundary in T33S, R9W, sec. 5, W.M. to its confluence with the Rogue River as a wild river. `(EE) FRANCIS CREEK- The approximately 0.9 miles of Francis Creek from its headwaters to the confluence with the Rogue River as a wild river. `(FF) LONG GULCH- The approximately 1.1 miles of Long Gulch from the Wild Rogue Wilderness boundary in T33S, R10W, sec. 23, W.M. to the confluence with the Rogue River as a wild river. `(GG) BAILEY CREEK- The approximately 1.7 miles of Bailey Creek from the west section line of T34S, R8W, sec. 14, W.M. to the confluence of the Rogue River as a wild river. `(HH) SHADY CREEK- The approximately 0.7 miles of Shady Creek from its headwaters to the confluence with the Rogue River as a wild river. `(II) SLIDE CREEK- `(i) The approximately 0.5-mile section of Slide Creek from its headwaters to 0.1 miles downstream from road 33-9-6 as a scenic river. `(ii) The approximately 0.7-mile section of Slide Creek from 0.1 miles downstream of road 33-9-6 to the confluence with the Rogue River as a wild river.'. (b) Management- All wild, scenic, and recreation classified segments designated by the amendment made by subsection (a) shall be managed as part of the Rogue Wild and Scenic River. (c) Withdrawal- Subject to valid rights, the Federal land within the boundaries of the river segments designated by the amendment made by subsection (a) is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. SEC. 365. ADDITIONAL PROTECTIONS FOR ROGUE RIVER TRIBUTARIES. (a) Withdrawal- Subject to valid rights, the Federal land within a quarter-mile on each side of the streams listed in subsection (b) is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (b) Stream Segments- Subsection (a) applies the following tributaries of the Rogue River: (1) KELSEY CREEK- The approximately 4.5 miles of Kelsey Creek from its headwaters to the east section line of 32S 9W sec. 34. (2) EAST FORK KELSEY CREEK- The approximately .2 miles of East Fork Kelsey Creek from its headwaters to the Wild Rogue Wilderness boundary in 33S 8W sec. 5. (3) EAST FORK WHISKY CREEK- The approximately .7 miles of East Fork Whisky Creek from its headwaters to the Wild Rogue Wilderness boundary in 33S 8W section 11. (4) LITTLE WINDY CREEK- The approximately 1.2 miles of Little Windy Creek from its headwaters to west section line of 33S 9W sec. 34. (5) MULE CREEK- The approximately 5.1 miles of Mule Creek from its headwaters to east section line of 32S 10W sec. 25. (6) MISSOURI CREEK- The approximately 3.1 miles of Missouri Creek from its headwaters to the Wild Rogue Wilderness boundary in 33S 10W sec. 24. (7) JENNY CREEK- The approximately 3.1 miles of Jenny Creek from its headwaters to the Wild Rogue Wilderness boundary in 33S 9W sec. 28. (8) RUM CREEK- The approximately 2.2 miles of Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in 34S 8W sec. 9. (9) EAST FORK RUM CREEK- The approximately .5 miles of East Fork Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in 34S 8W sec. 10. (10) HEWITT CREEK- The approximately 1.4 miles of Hewitt Creek from its headwaters to the Wild Rogue Wilderness boundary in 33S 9W sec. 19. (11) QUAIL CREEK- The approximately .8 miles of Quail Creek from its headwaters to the Wild Rogue Wilderness boundary in 33S 10W sec. 1. (12) RUSSIAN CREEK- The approximately .1 miles of Russian Creek from its headwaters to the Wild Rogue Wilderness boundary in 33S 8W sec. 20. (13) DITCH CREEK- The approximately .7 miles of Ditch Creek from its headwaters to the Wild Rogue Wilderness boundary in 33S 9W sec. 5. (14) LONG GULCH- The approximately 1.4 miles of Long Gulch from its headwaters to the Wild Rogue Wilderness boundary in 33S 10W sec. 23. (15) BAILEY CREEK- The approximately 1.4 miles of Bailey Creek from its headwaters to west section line of 34S 8W sec. 14. (16) QUARTZ CREEK- The approximately 3.3 miles of Quartz Creek from its headwaters to its confluence with the North Fork Galice Creek. (17) NORTH FORK GALICE CREEK- The approximately 5.7 miles of the North Fork Galice Creek from its headwaters to its confluence with Galice Creek. (18) GRAVE CREEK- The approximately 10.2 mile section of Grave Creek from the confluence of Wolf Creek downstream to the confluence with the Rogue River. (19) CENTENNIAL GULCH- The approximately 2.2 miles of Centennial Gulch from its headwaters to its confluence with the Rogue River. CHAPTER 3--ADDITIONAL PROTECTIONS SEC. 371. LIMITATIONS ON LAND ACQUISITION. (a) Prohibition on Use of Condemnation- The Secretary of the Interior or the Secretary of Agriculture may not acquire by condemnation any land or interest within the boundaries of the river segments or wilderness designated by this subtitle. (b) Landowner Consent Required- Private or non-Federal public property shall not be included within the boundaries of the river segments or wilderness designated by this subtitle unless the owner of the property has consented in writing to having that property included in such boundaries. SEC. 372. OVERFLIGHTS. (a) In General- Nothing in this subtitle or the Wilderness Act shall preclude low-level overflights and operations of military aircraft, helicopters, missiles, or unmanned aerial vehicles over the wilderness designated by this subtitle, including military overflights and operations that can be seen or heard within the wilderness. (b) Special Use Airspace and Training Routes- Nothing in this subtitle or the Wilderness Act shall preclude the designation of new units of special use airspace, the expansion of existing units of special use airspace, or the use or establishment of military training routes over wilderness designated by this subtitle. SEC. 373. BUFFER ZONES. Nothing in this subtitle-- (1) establishes or authorizes the establishment of a protective perimeter or buffer zone around the boundaries of the river segments or wilderness designated by this subtitle; or (2) precludes, limits, or restricts an activity from being conducted outside such boundaries, including an activity that can be seen or heard from within such boundaries. SEC. 374. PREVENTION OF WILDFIRES. The designation of a river segment or wilderness by this subtitle or the withdrawal of the Federal land under this subtitle shall not be construed to interfere with the authority of the Secretary of the Interior or the Secretary of Agriculture to authorize mechanical thinning of trees or underbrush to prevent or control the spread of wildfires, or conditions creating the risk of wildfire that threatens areas outside the boundary of the wilderness, or the use of mechanized equipment for wildfire pre-suppression and suppression. SEC. 375. LIMITATION ON DESIGNATION OF CERTAIN LANDS IN OREGON. A national monument designation under the Act of June 8, 1906 (commonly known as the Antiquities Act; 16 U.S.C. 431 et seq.) within or on any portion of the Oregon and California Railroad Grant Lands or the O&C Region Public Domain lands, regardless of whether management authority over the lands are transferred to the O&C Trust pursuant to section 311(c)(1), the lands are excluded from the O&C Trust pursuant to section 311(c)(2), or the lands are transferred to the Forest Service under section 321, shall only be made pursuant to Congressional approval in an Act of Congress. CHAPTER 4--EFFECTIVE DATE SEC. 381. EFFECTIVE DATE. (a) In General- This subtitle and the amendments made by this subtitle shall take effect on October 1 of the second fiscal year of the transition period. (b) Exception- If, as a result of judicial review authorized by section 312, any provision of subtitle A is held to be invalid and implementation of the provision or any activity conducted under the provision is enjoined, this subtitle and the amendments made by this subtitle shall not take effect, or if the effective date specified in subsection (a) has already occurred, this subtitle shall have no force and effect and the amendments made by this subtitle are repealed. Subtitle D--Tribal Trust Lands PART 1--COUNCIL CREEK LAND CONVEYANCE SEC. 391. DEFINITIONS. In this part: (1) COUNCIL CREEK LAND- The term `Council Creek land' means the approximately 17,519 acres of land, as generally depicted on the map entitled `Canyon Mountain Land Conveyance' and dated June 27, 2013. (2) TRIBE- The term `Tribe' means the Cow Creek Band of Umpqua Tribe of Indians. SEC. 392. CONVEYANCE. (a) In General- Subject to valid existing rights, including rights-of-way, all right, title, and interest of the United States in and to the Council Creek land, including any improvements located on the land, appurtenances to the land, and minerals on or in the land, including oil and gas, shall be-- (1) held in trust by the United States for the benefit of the Tribe; and (2) part of the reservation of the Tribe. (b) Survey- Not later than one year after the date of enactment of this Act, the Secretary of the Interior shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). SEC. 393. MAP AND LEGAL DESCRIPTION. (a) In General- As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall file a map and legal description of the Council Creek land with-- (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (b) Force and Effect- The map and legal description filed under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct any clerical or typographical errors in the map or legal description. (c) Public Availability- The map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary of the Interior. SEC. 394. ADMINISTRATION. (a) In General- Unless expressly provided in this part, nothing in this part affects any right or claim of the Tribe existing on the date of enactment of this Act to any land or interest in land. (b) Prohibitions- (1) EXPORTS OF UNPROCESSED LOGS- Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Council Creek land. (2) NON-PERMISSIBLE USE OF LAND- Any real property taken into trust under section 392 shall not be eligible, or used, for any gaming activity carried out under Public Law 100-497 (25 U.S.C. 2701 et seq.). (c) Forest Management- Any forest management activity that is carried out on the Council Creek land shall be managed in accordance with all applicable Federal laws. PART 2--OREGON COASTAL LAND CONVEYANCE SEC. 395. DEFINITIONS. In this part: (1) OREGON COASTAL LAND- The term `Oregon Coastal land' means the approximately 14,804 acres of land, as generally depicted on the map entitled `Oregon Coastal Land Conveyance' and dated March 5, 2013. (2) CONFEDERATED TRIBES- The term `Confederated Tribes' means the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians. SEC. 396. CONVEYANCE. (a) In General- Subject to valid existing rights, including rights-of-way, all right, title, and interest of the United States in and to the Oregon Coastal land, including any improvements located on the land, appurtenances to the land, and minerals on or in the land, including oil and gas, shall be-- (1) held in trust by the United States for the benefit of the Confederated Tribes; and (2) part of the reservation of the Confederated Tribes. (b) Survey- Not later than one year after the date of enactment of this Act, the Secretary of the Interior shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). SEC. 397. MAP AND LEGAL DESCRIPTION. (a) In General- As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall file a map and legal description of the Oregon Coastal land with-- (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (b) Force and Effect- The map and legal description filed under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct any clerical or typographical errors in the map or legal description. (c) Public Availability- The map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary of the Interior. SEC. 398. ADMINISTRATION. (a) In General- Unless expressly provided in this part, nothing in this part affects any right or claim of the Consolidated Tribes existing on the date of enactment of this Act to any land or interest in land. (b) Prohibitions- (1) EXPORTS OF UNPROCESSED LOGS- Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Oregon Coastal land. (2) NON-PERMISSIBLE USE OF LAND- Any real property taken into trust under section 396 shall not be eligible, or used, for any gaming activity carried out under Public Law 100-497 (25 U.S.C. 2701 et seq.). (c) Forest Management- Any forest management activity that is carried out on the Oregon Coastal land shall be managed in accordance with all applicable Federal laws. TITLE IV--COMMUNITY FOREST MANAGEMENT DEMONSTRATION SEC. 401. PURPOSE AND DEFINITIONS. (a) Purpose- The purpose of this title is to generate dependable economic activity for counties and local governments by establishing a demonstration program for local, sustainable forest management. (b) Definitions- In this title: (1) ADVISORY COMMITTEE- The term `Advisory Committee' means the Advisory Committee appointed by the Governor of a State for the community forest demonstration area established for the State. (2) COMMUNITY FOREST DEMONSTRATION AREA- The term `community forest demonstration area' means a community forest demonstration area established for a State under section 402. (3) NATIONAL FOREST SYSTEM- The term `National Forest System' has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)), except that the term does not include the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010-1012). (4) SECRETARY- The term `Secretary' means the Secretary of Agriculture or the designee of the Secretary of Agriculture. (5) STATE- The term `State' includes the Commonwealth of Puerto Rico. SEC. 402. ESTABLISHMENT OF COMMUNITY FOREST DEMONSTRATION AREAS. (a) Establishment Required; Time for Establishment- Subject to subsection (c) and not later than one year after the date of the enactment of this Act, the Secretary of Agriculture shall establish a community forest demonstration area at the request of the Advisory Committee appointed to manage community forest demonstration area land in that State. (b) Covered Land- (1) INCLUSION OF NATIONAL FOREST SYSTEM LAND- The community forest demonstration areas of a State shall consist of the National Forest System land in the State identified for inclusion by the Advisory Committee of that State. (2) EXCLUSION OF CERTAIN LAND- A community forest demonstration area shall not include National Forest System land-- (A) that is a component of the National Wilderness Preservation System; (B) on which the removal of vegetation is specifically prohibited by Federal statute; (C) National Monuments; or (D) over which administration jurisdiction was first assumed by the Forest Service under title III. (c) Conditions on Establishment- (1) ACREAGE REQUIREMENT- A community forest demonstration area must include at least 200,000 acres of National Forest System land. If the unit of the National Forest System in which a community forest demonstration area is being established contains more than 5,000,000 acres, the community forest demonstration area may include 900,000 or more acres of National Forest System land. (2) MANAGEMENT LAW OR BEST MANAGEMENT PRACTICES REQUIREMENT- A community forest demonstration area may be established in a State only if the State-- (A) has a forest practices law applicable to State or privately owned forest land in the State; or (B) has established silvicultural best management practices or other regulations for forest management practices related to clean water, soil quality, wildlife or forest health. (3) REVENUE SHARING REQUIREMENT- As a condition of the inclusion in a community forest demonstration area of National Forest System land located in a particular county in a State, the county must enter into an agreement with the Governor of the State that requires that, in utilizing revenues received by the county under section 406(b), the county shall continue to meet any obligations under applicable State law as provided under title I of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7111 et seq.) or as provided in the sixth paragraph under the heading `FOREST SERVICE' in the Act of May 23, 1908 (16 U.S.C. 500) and section 13 of the Act of March 1, 1911 (16 U.S.C. 500). (d) Treatment Under Certain Other Laws- National Forest System land included in a community forest demonstration area shall not be considered Federal land for purposes of-- (1) making payments to counties under the sixth paragraph under the heading `FOREST SERVICE' in the Act of May 23, 1908 (16 U.S.C. 500) and section 13 of the Act of March 1, 1911 (16 U.S.C. 500); or (2) title I. (e) Acreage Limitation- Not more than a total of 4,000,000 acres of National Forest System land may be established as community forest demonstration areas. (f) Recognition of Valid and Existing Rights- Nothing in this title shall be construed to limit or restrict-- (1) access to National Forest System land included in a community forest demonstration area for hunting, fishing, and other related purposes; or (2) valid and existing rights regarding such National Forest System land, including rights of any federally recognized Indian tribe. SEC. 403. ADVISORY COMMITTEE. (a) Appointment- A community forest demonstration area for a State shall be managed by an Advisory Committee appointed by the Governor of the State. (b) Composition- The Advisory Committee for a community forest demonstration area in a State shall include, but is not limited to, the following members: (1) One member who holds county or local elected office, appointed from each county or local governmental unit in the State containing community forest demonstration area land. (2) One member who represents the commercial timber, wood products, or milling industry. (3) One member who represents persons holding Federal grazing or other land use permits. (4) One member who represents recreational users of National Forest System land. (c) Terms- (1) IN GENERAL- Except in the case of certain initial appointments required by paragraph (2), members of an Advisory Committee shall serve for a term of three years. (2) INITIAL APPOINTMENTS- In making initial appointments to an Advisory Committee, the Governor making the appointments shall stagger terms so that at least one-third of the members will be replaced every three years. (d) Compensation- Members of a Advisory Committee shall serve without pay, but may be reimbursed from the funds made available for the management of a community forest demonstration area for the actual and necessary travel and subsistence expenses incurred by members in the performance of their duties. SEC. 404. MANAGEMENT OF COMMUNITY FOREST DEMONSTRATION AREAS. (a) Assumption of Management- (1) CONFIRMATION- The Advisory Committee appointed for a community forest demonstration area shall assume all management authority with regard to the community forest demonstration area as soon as the Secretary confirms that-- (A) the National Forest System land to be included in the community forest demonstration area meets the requirements of subsections (b) and (c) of section 402; (B) the Advisory Committee has been duly appointed under section 403 and is able to conduct business; and (C) provision has been made for essential management services for the community forest demonstration area. (2) SCOPE AND TIME FOR CONFIRMATION- The determination of the Secretary under paragraph (1) is limited to confirming whether the conditions specified in subparagraphs (A) and (B) of such paragraph have been satisfied. The Secretary shall make the determination not later than 60 days after the date of the appointment of the Advisory Committee. (3) EFFECT OF FAILURE TO CONFIRM- If the Secretary determines that either or both conditions specified in subparagraphs (A) and (B) of paragraph (1) are not satisfied for confirmation of an Advisory Committee, the Secretary shall-- (A) promptly notify the Governor of the affected State and the Advisory Committee of the reasons preventing confirmation; and (B) make a new determination under paragraph (2) within 60 days after receiving a new request from the Advisory Committee that addresses the reasons that previously prevented confirmation. (b) Management Responsibilities- Upon assumption of management of a community forest demonstration area, the Advisory Committee for the community forest demonstration area shall manage the land and resources of the community forest demonstration area and the occupancy and use thereof in conformity with this title, and to the extent not in conflict with this title, the laws and regulations applicable to management of State or privately-owned forest lands in the State in which the community forest demonstration area is located. (c) Applicability of Other Federal Laws- (1) IN GENERAL- The administration and management of a community forest demonstration area, including implementing actions, shall not be considered Federal action and shall be subject to the following only to the extent that such laws apply to the State or private administration and management of forest lands in the State in which the community forest demonstration area is located: (A) The Federal Water Pollution Control Act (33 U.S.C. 1251 note). (B) The Clean Air Act (42 U.S.C. 7401 et seq.). (C) The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (D) Federal laws and regulations governing procurement by Federal agencies. (E) Except as provided in paragraph (2), other Federal laws. (2) APPLICABILITY OF NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT- Notwithstanding the assumption by an Advisory Committee of management of a community forest demonstration area, the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) shall continue to apply to the National Forest System land included in the community forest demonstration area. (d) Consultation- (1) WITH INDIAN TRIBES- The Advisory Committee for a community forest demonstration area shall cooperate and consult with Indian tribes on management policies and practices for the community forest demonstration area that may affect the Indian tribes. The Advisory Committee shall take into consideration the use of lands within the community forest demonstration area for religious and cultural uses by Native Americans. (2) WITH COLLABORATIVE GROUPS- The Advisory Committee for a community forest demonstration area shall consult with any applicable forest collaborative group. (e) Recreation- Nothing in this section shall affect public use and recreation within a community forest demonstration area. (f) Fire Management- The Secretary shall provide fire presuppression, suppression, and rehabilitation services on and with respect to a community forest demonstration area to the same extent generally authorized in other units of the National Forest System. (g) Prohibition on Export- As a condition on the sale of timber or other forest products from a community forest demonstration area, unprocessed timber harvested from a community forest demonstration area may not be exported in accordance with subpart F of part 223 of title 36, Code of Federal Regulations. SEC. 405. DISTRIBUTION OF FUNDS FROM COMMUNITY FOREST DEMONSTRATION AREA. (a) Retention of Funds for Management- The Advisory Committee appointed for a community forest demonstration area may retain such sums as the Advisory Committee considers to be necessary from amounts generated from that community forest demonstration area to fund the management, administration, restoration, operation and maintenance, improvement, repair, and related expenses incurred with respect to the community forest demonstration area. (b) Funds to Counties or Local Governmental Units- Subject to subsection (a) and section 407, the Advisory Committee for a community forest demonstration area in a State shall distribute funds generated from that community forest demonstration area to each county or local governmental unit in the State in an amount proportional to the funds received by the county or local governmental unit under title I of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7111 et seq.). SEC. 406. INITIAL FUNDING AUTHORITY. (a) Funding Source- Counties may use such sum as the counties consider to be necessary from the amounts made available to the counties under section 501 to provide initial funding for the management of community forest demonstration areas. (b) No Restriction on Use of Non-Federal Funds- Nothing in this title restricts the Advisory Committee of a community forest demonstration area from seeking non-Federal loans or other non-Federal funds for management of the community forest demonstration area. SEC. 407. PAYMENTS TO UNITED STATES TREASURY. (a) Payment Requirement- As soon as practicable after the end of the fiscal year in which a community forest demonstration area is established and as soon as practicable after the end of each subsequent fiscal year, the Advisory Committee for a community forest demonstration area shall make a payment to the United States Treasury. (b) Payment Amount- The payment for a fiscal year under subsection (a) with respect to a community forest demonstration area shall be equal to 75 percent of the quotient obtained by dividing-- (1) the number obtained by multiplying the number of acres of land in the community forest demonstration area by the average annual receipts generated over the preceding 10-fiscal year period from the unit or units of the National Forest System containing that community forest demonstration area; by (2) the total acres of National Forest System land in that unit or units of the National Forest System. SEC. 408. TERMINATION OF COMMUNITY FOREST DEMONSTRATION AREA. (a) Termination Authority- Subject to approval by the Governor of the State, the Advisory Committee for a community forest demonstration area may terminate the community forest demonstration area by a unanimous vote. (b) Effect of Termination- Upon termination of a community forest demonstration area, the Secretary shall immediately resume management of the National Forest System land that had been included in the community forest demonstration area, and the Advisory Committee shall be dissolved. (c) Treatment of Undistributed Funds- Any revenues from the terminated area that remain undistributed under section 405 more than 30 days after the date of termination shall be deposited in the general fund of the Treasury for use by the Forest Service in such amounts as may be provided in advance in appropriation Acts. TITLE V--REAUTHORIZATION AND AMENDMENT OF EXISTING AUTHORITIES AND OTHER MATTERS SEC. 501. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT OF 2000 PENDING FULL OPERATION OF FOREST RESERVE REVENUE AREAS. (a) Beneficiary Counties- During the month of February 2015, the Secretary of Agriculture shall distribute to each beneficiary county (as defined in section 102(2)) a payment equal to the amount distributed to the beneficiary county for fiscal year 2010 under section 102(c)(1) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112(c)(1)). (b) Counties That Were Eligible for Direct County Payments- (1) TOTAL AMOUNT AVAILABLE FOR PAYMENTS- During the month of February 2015, the Secretary of the Interior shall distribute to all counties that received a payment for fiscal year 2010 under subsection (a)(2) of section 102 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112) payments in a total amount equal to the difference between-- (A) the total amount distributed to all such counties for fiscal year 2010 under subsection (c)(1) of such section; and (B) $27,000,000. (2) COUNTY SHARE- From the total amount determined under paragraph (1), each county described in such paragraph shall receive, during the month of February 2015, an amount that bears the same proportion to the total amount made available under such paragraph as that county's payment for fiscal year 2010 under subsection (c)(1) of section 102 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112) bears to the total amount distributed to all such counties for fiscal year 2010 under such subsection. (c) Effect on 25-percent and 50-percent Payments- A county that receives a payment made under subsection (a) or (b) may not receive a 25-percent payment or 50-percent payment (as those terms are defined in section 3 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7102)) for fiscal year 2015. SEC. 502. RESTORING ORIGINAL CALCULATION METHOD FOR 25-PERCENT PAYMENTS. (a) Amendment of Act of May 23, 1908- The sixth paragraph under the heading `FOREST SERVICE' in the Act of May 23, 1908 (16 U.S.C. 500) is amended in the first sentence-- (1) by striking `the annual average of 25 percent of all amounts received for the applicable fiscal year and each of the preceding 6 fiscal years' and inserting `25 percent of all amounts received for the applicable fiscal year'; (2) by striking `said reserve' both places it appears and inserting `the national forest'; and (3) by striking `forest reserve' both places it appears and inserting `national forest'. (b) Conforming Amendment to Weeks Law- Section 13 of the Act of March 1, 1911 (commonly known as the Weeks Law; 16 U.S.C. 500) is amended in the first sentence by striking `the annual average of 25 percent of all amounts received for the applicable fiscal year and each of the preceding 6 fiscal years' and inserting `25 percent of all amounts received for the applicable fiscal year'. SEC. 503. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT GOOD-NEIGHBOR COOPERATION WITH STATES TO REDUCE WILDFIRE RISKS. (a) Definitions- In this section: (1) ELIGIBLE STATE- The term `eligible State' means a State that contains National Forest System land or land under the jurisdiction of the Bureau of Land Management. (2) SECRETARY- The term `Secretary' means-- (A) the Secretary of Agriculture, with respect to National Forest System land; or (B) the Secretary of the Interior, with respect to land under the jurisdiction of the Bureau of Land Management. (3) STATE FORESTER- The term `State forester' means the head of a State agency with jurisdiction over State forestry programs in an eligible State. (b) Cooperative Agreements and Contracts Authorized- The Secretary may enter into a cooperative agreement or contract (including a sole source contract) with a State forester to authorize the State forester to provide the forest, rangeland, and watershed restoration, management, and protection services described in subsection (c) on National Forest System land or land under the jurisdiction of the Bureau of Land Management, as applicable, in the eligible State. (c) Authorized Services- The forest, rangeland, and watershed restoration, management, and protection services referred to in subsection (b) include the conduct of-- (1) activities to treat insect infected forests; (2) activities to reduce hazardous fuels; (3) activities involving commercial harvesting or other mechanical vegetative treatments; or (4) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. (d) State as Agent- Except as provided in subsection (g), a cooperative agreement or contract entered into under subsection (b) may authorize the State forester to serve as the agent for the Secretary in providing the restoration, management, and protection services authorized under subsection (b). (e) Subcontracts- In accordance with applicable contract procedures for the eligible State, a State forester may enter into subcontracts to provide the restoration, management, and protection services authorized under a cooperative agreement or contract entered into under subsection (b). (f) Timber Sales- Subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply to services performed under a cooperative agreement or contract entered into under subsection (b). (g) Retention of NEPA Responsibilities- Any decision required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any restoration, management, or protection services to be provided under this section by a State forester on National Forest System land or Bureau of Land Management land, as applicable, shall not be delegated to a State forester or any other officer or employee of the eligible State. (h) Applicable Law- The restoration, management, and protection services to be provided under this section shall be carried out on a project-to-project basis under existing authorities of the Forest Service or Bureau of Land Management, as applicable. SEC. 504. STEWARDSHIP END RESULT CONTRACTING PROJECT AUTHORITY. (a) Extension of Authority- Effective October 1, 2014, section 347(a) of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105-277; 16 U.S.C. 2104 note) is amended by striking `2013' and inserting `2017'. (b) Duration of Contracts- Section 347(c)(2) of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105-277; 16 U.S.C. 2104 note) is amended by striking `10 years' and inserting `20 years'. (c) Cancellation Ceiling- Section 347(c) of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105-277; 16 U.S.C. 2104 note) is amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (6) and (7), respectively; and (2) by inserting after paragraph (3) the following new paragraph (4): `(4) CANCELLATION CEILING- `(A) AUTHORITY- The Chief of the Forest Service and the Director of the Bureau of Land Management may obligate funds to cover any potential cancellation or termination costs for an agreement or contract under subsection (a) in stages that are economically or programmatically viable. `(B) NOTICE TO CONGRESS- Not later than 30 days before entering into a multiyear agreement or contract under subsection (a) that includes a cancellation ceiling in excess of $25,000,000, but does not include proposed funding for the costs of cancelling the agreement or contract up to the cancellation ceiling established in the agreement or contract, the Chief or the Director, as the case may be, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a written notice that includes-- `(i) the cancellation ceiling amounts proposed for each program year in the agreement or contract and the reasons for such cancellation ceiling amounts; `(ii) the extent to which the costs of contract cancellation are not included in the budget for the agreement or contract; and `(iii) an assessment of the financial risk of not including budgeting for the costs of agreement or contract cancellation. `(C) NOTICE TO OMB- At least 14 days before the date on which the Chief or Director enters into an agreement or contract under subsection (a), the Chief or Director shall transmit to the Director of the Office of Management and Budget a copy of any written notice submitted under subparagraph (B) with regard to such agreement or contract.'. (d) Fire Liability- Section 347(c) of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105-277; 16 U.S.C. 2104 note) is amended by inserting after paragraph (4), as added by subsection (c) of this section, the following new paragraph: `(5) FIRE LIABILITY PROVISIONS- Not later than 90 days after the date of enactment of this paragraph, the Chief of the Forest Service and the Director of the Bureau of Land Management shall issue, for use in all contracts and agreements under subsection (a), fire liability provisions that are in substantially the same form as the fire liability provisions contained in-- `(A) integrated resource timber contracts, as described in the Forest Service contract numbered 2400-13, part H, section H.4; and `(B) timber sale contracts conducted pursuant to section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a).'. SEC. 505. CLARIFICATION OF NATIONAL FOREST MANAGEMENT ACT OF 1976 AUTHORITY. Section 14(g) of the National Forest Management Act of 1976 (16 U.S.C. 472a(g)) is amended by striking `Designation, marking when necessary,' and inserting `Designation, including marking when necessary, or designation by description or by prescription,'. SEC. 506. TREATMENT AS SUPPLEMENTAL FUNDING. None of the funds made available to a beneficiary county (as defined in section 102(2)) or other political subdivision of a State under this Act shall be used in lieu of or to otherwise offset State funding sources for local schools, facilities, or educational purposes. SEC. 507. EXCEPTION OF CERTAIN FOREST PROJECTS AND ACTIVITIES FROM APPEALS REFORM ACT AND OTHER REVIEW. Section 322 of the Department of the Interior and Related Agencies Appropriations Act, 1993 (Public Law 102-381; 16 U.S.C. 1612 note) and section 428 of Division E of the Consolidated Appropriations Act, 2012 (Public Law 112-74; 125 Stat. 1046; 16 U.S.C. 6515 note) shall not apply to any project or activity implementing a land and resource management plan developed under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604) that is categorically excluded from documentation in an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 508. DEFINITION OF FIRE SUPPRESSION TO INCLUDE CERTAIN RELATED ACTIVITIES. For purposes of utilizing amounts made available to the Secretary of Agriculture or the Secretary of the Interior for fire suppression activities, including funds made available from the FLAME Fund, the term `fire suppression' includes reforestation, site rehabilitation, salvage operations, and replanting occurring following fire damage on lands under the jurisdiction of the Secretary concerned or following fire suppression efforts on such lands by the Secretary concerned. SEC. 509. PROHIBITION ON CERTAIN ACTIONS REGARDING FOREST SERVICE ROADS AND TRAILS. The Forest Service shall not remove or otherwise eliminate or obliterate any legally created road or trail unless there has been a specific decision, which included adequate and appropriate public involvement, to decommission the specific road or trail in question. The fact that any road or trail is a not a Forest System road or trail, or does not appear on a Motor Vehicle Use Map, shall not constitute a decision. Passed the House of Representatives September 20, 2013. Attest: KAREN L. HAAS, Clerk.
S.1520 Sep-18-13
STATUS: September 18, 2013.--Introduced. July 23, 2014.--HEaring by subcommittee. (56) S.1520 York River Wild and Scenic River Study Act of 2013 (Introduced in Senate - IS) S 1520 IS 113th CONGRESS1st SessionS. 1520 To amend the Wild and Scenic Rivers Act to designate segments of the York River and associated tributaries for study for potential inclusion in the National Wild and Scenic Rivers System. IN THE SENATE OF THE UNITED STATESSeptember 18, 2013 Mr. KING introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate segments of the York River and associated tributaries for study for potential inclusion in the National Wild and Scenic Rivers System. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `York River Wild and Scenic River Study Act of 2013'. SEC. 2. YORK RIVER STUDY. (a) Designation for Study- Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following: `(141) YORK RIVER, MAINE- The segment of the York River that flows 11.25 miles from the headwaters of the York River at York Pond to the mouth of the river at York Harbor, and any associated tributaries.'. (b) Study and Report- Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following: `(20) YORK RIVER, MAINE- `(A) IN GENERAL- Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall-- `(i) complete the study of York River, Maine, described in subsection (a)(141); and `(ii) submit to the appropriate committees of Congress a report that describes the results of the study. `(B) REQUIREMENTS- In conducting the study referred to in subparagraph (A)(i), the Secretary of the Interior shall-- `(i) determine the effect of the designation on-- `(I) existing commercial and recreational activities, such as hunting, fishing, trapping, recreational shooting, motor boat use, and bridge construction; `(II) the authorization, construction, operation, maintenance, or improvement of energy production and transmission infrastructure; and `(III) the authority of State and local governments to manage the activities described in subclause (I); and `(ii) identify-- `(I) any authorities that would authorize or require the Secretary of the Interior-- `(aa) to influence local land use decisions, such as zoning; or `(bb) to place restrictions on non-Federal land if designated under this Act; `(II) any authorities that the Secretary of the Interior may use to condemn property; and `(III) any private property located in the area studied under subsection (a)(141).'.
S.1501 Sep-12-13
STATUS: September 12, 2013.--Introduced. S.1501 Job Creation through Energy Efficient Manufacturing Act (Introduced in Senate - IS) S 1501 IS 113th CONGRESS1st SessionS. 1501 To establish a Financing Energy Efficient Manufacturing Program in the Department of Energy to provide financial assistance to promote energy efficiency and onsite renewable technologies in manufacturing and industrial facilities. IN THE SENATE OF THE UNITED STATESSeptember 12, 2013 Mr. MERKLEY introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish a Financing Energy Efficient Manufacturing Program in the Department of Energy to provide financial assistance to promote energy efficiency and onsite renewable technologies in manufacturing and industrial facilities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Job Creation through Energy Efficient Manufacturing Act'. SEC. 2. PURPOSE. The purpose of this Act is to encourage widespread deployment of energy efficiency and onsite renewable energy technologies in manufacturing and industrial facilities throughout the United States through the establishment of a Financing Energy Efficient Manufacturing Program that would-- (1) encourage the widespread availability of financial products and programs with attractive rates and terms that significantly reduce or eliminate upfront expenses to allow manufacturing and industrial businesses to invest in energy efficiency measures, onsite clean and renewable energy systems, smart grid systems, and alternative vehicle fleets by providing credit support, credit enhancement, secondary markets, and other support to originators of the financial products and sponsors of the financing programs; and (2) help building owners to invest in measures and systems that reduce energy costs, in many cases creating a net cost savings that can be realized in the short-term, and may also allow manufacturing and industrial businesses owners to defer capital expenditures, save money to hire new workers, and increase the value, comfort, and sustainability of the property of the owners. SEC. 3. DEFINITIONS. In this Act: (1) COVERED PROGRAM- The term `covered program' means a program to finance energy efficiency retrofit, onsite clean and renewable energy, smart grid, and alternative vehicle fleet projects for industrial businesses. (2) SECRETARY- The term `Secretary' means the Secretary of Energy. (3) STATE- The term `State' means-- (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. SEC. 4. FINANCING ENERGY EFFICIENT MANUFACTURING PROGRAM. (a) Establishment- The Secretary shall establish a program, to be known as the `Financing Energy Efficient Manufacturing Program', under which the Secretary shall provide grants to States to establish or expand covered programs. (b) Applications- (1) IN GENERAL- A State may apply to the Secretary for a grant under subsection (a) to establish or expand covered programs. (2) EVALUATION- The Secretary shall evaluate applications submitted by States under paragraph (1) on the basis of-- (A) the likelihood that the covered program would-- (i) be established or expanded; and (ii) increase the total investment and energy savings of retrofit projects to be supported; (B) in the case of industrial business efficiency financing initiatives conducted under subsection (c), evidence of multistate cooperation and coordination with lenders, financiers, and owners; and (C) other factors that would advance the purposes of this Act, as determined by the Secretary. (c) Multistate Facilitation- The Secretary shall consult with States and relevant stakeholders with applicable expertise to establish a process to identify financing opportunities for manufacturing and industrial business with asset portfolios across multiple States. (d) Administration- A State receiving a grant under subsection (a) shall give a higher priority to covered programs that-- (1) leverage private and non-Federal sources of funding; and (2) aim explicitly to expand the use of energy efficiency project financing using private sources of funding. (e) Davis-Bacon Compliance- (1) IN GENERAL- All laborers and mechanics employed on projects funded directly by or assisted in whole or in part by this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the `Davis-Bacon Act'). (2) AUTHORITY- With respect to the labor standards specified in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (f) Reports- (1) IN GENERAL- Not later than 2 years after the date of receipt of a grant under this Act, a State shall submit to the Secretary, the Committee on Energy and Natural Resources of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report that describes the performance of covered programs carried out using the grant funds. (2) DATA- (A) IN GENERAL- A State receiving a grant under this Act, in cooperation with the Secretary, shall-- (i) collect and share data resulting from covered programs carried out under this Act; and (ii) include in the report submitted under paragraph (1) any data collected under clause (i). (B) DEPARTMENT DATABASES- The Secretary shall incorporate data described in subparagraph (A) into appropriate databases of the Department of Energy, with provisions for the protection of confidential business data. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General- There is authorized to be appropriated to carry out this Act $250,000,000, to remain available until expended. (b) State Energy Offices- Funds provided to a State under this Act shall be provided to the office within the State that is responsible for developing the State energy plan for the State under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.).
H.Res.1501 Apr-11-13
STATUS: April 11, 2013.--Introduced. April 1, 2014.--Reported (Amended) by the Committee on Natural Resources. H. Rept. 113-392 April 28, 2014.--Passed in House by voice vote. April 29, 2014.--Referred to Senate. July 23, 2014.--Hearing by subcommittee held. H.R.1501 To direct the Secretary of the Interior to study the suitability and feasibility of designating the Prison Ship Martyrs' Monument in Fort Greene Park, in the New York City borough of... (Engrossed in House [Passed House] - EH) HR 1501 EH 113th CONGRESS2d Session H. R. 1501AN ACT To direct the Secretary of the Interior to study the suitability and feasibility of designating the Prison Ship Martyrs' Monument in Fort Greene Park, in the New York City borough of Brooklyn, as a unit of the National Park System. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PRISON SHIP MARTYRS' MONUMENT STUDY; REPORT. (a) Short Title- This section may be cited as the `Prison Ship Martyrs' Monument Preservation Act'. (b) Study- (1) IN GENERAL- The Secretary of the Interior shall complete a study to determine the suitability and feasibility of designating the Prison Ship Martyrs' Monument in Fort Greene Park, in the New York City borough of Brooklyn, as a unit of the National Park System. (2) APPLICABLE LAW- The study required under this subsection shall be conducted in accordance with section 8(c) of the National Park System General Authorities Act (16 U.S.C. 1a-5(c)). (3) CONTENT OF STUDY- The study shall include-- (A) an analysis of operational issues that should be considered if the Prison Ship Martyrs' Monument were to be designated as a unit of the National Park System; (B) an analysis of the feasibility of administering the Prison Ships Martyrs' Monument, considering its size, configuration, and other factors, including an annual cost estimate; (C) an analysis of the economic, educational, and other impacts of the designation of the Prison Ship Martyrs' Monument as a unit of the National Park System; (D) an analysis of the effect of the designation of the Prison Ship Martyrs' Monument as a unit of the National Park System on-- (i) existing commercial and recreational activities, and on the authorization, construction, operation, maintenance, or improvement of energy production and transmission infrastructure; and (ii) the authority of State and local governments to manage those activities; and (E) an identification of any authorities, including condemnation, that will compel or permit the Secretary of the Interior to influence or participate in local land use decisions (such as zoning) or place restrictions on non-Federal lands if the Prison Ship Martyrs' Monument is designated as a unit of the National Park System. (c) Notification of Private Property Owners- Upon commencement of the study, owners of private property in or adjacent to the Prison Ship Martyrs' Monument shall be notified of the study's commencement and scope. (d) Report- Not later than one year after the date of the enactment of this Act, the Secretary of the Interior shall transmit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing the conclusions of the study required by subsection (b). Passed the House of Representatives April 28, 2014. Attest: Clerk. 113th CONGRESS2d SessionH. R. 1501AN ACT To direct the Secretary of the Interior to study the suitability and feasibility of designating the Prison Ship Martyrs' Monument in Fort Greene Park, in the New York City borough of Brooklyn, as a unit of the National Park System.
S.1491 Sep-10-13
STATUS: September 10, 2013.--Introduced. December 12, 2013.--Mr. Heinrich added as cosponsor. December 19, 2013.--Ordered to be reported with amendments favorably. December 19, 2013.--Reported by Senator Wyden with amendments. Placed on Senate Legislative Calendar Calendar No. 278. December 20, 2013.--Mr. Coons added as cosponsor. S.1491 To amend the Energy Independence and Security Act of 2007 to improve United States-Israel energy cooperation, and for other purposes. (Introduced in Senate - IS) S 1491 IS 113th CONGRESS1st SessionS. 1491 To amend the Energy Independence and Security Act of 2007 to improve United States-Israel energy cooperation, and for other purposes. IN THE SENATE OF THE UNITED STATESSeptember 10, 2013 Ms. LANDRIEU (for herself, Mr. WYDEN, and Ms. MURKOWSKI) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Energy Independence and Security Act of 2007 to improve United States-Israel energy cooperation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. UNITED STATES-ISRAEL ENERGY COOPERATION. (a) Findings- Section 917(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337(a)) is amended-- (1) in paragraph (1), by striking `renewable' and inserting `covered'; (2) in paragraph (4)-- (A) by striking `possible many' and inserting `possible-- `(A) many'; (B) by inserting `and' after the semicolon at the end; and (C) by adding at the end the following: `(B) significant contributions to the development of renewable energy and energy efficiency through the established programs of the United States-Israel Binational Industrial Research and Development Foundation and the United States-Israel Binational Science Foundation;'; (3) in paragraph (6)-- (A) by striking `renewable' and inserting `covered'; and (B) by striking `and' after the semicolon at the end; (4) in paragraph (7)-- (A) by striking `renewable' and inserting `covered'; and (B) by striking the period at the end and inserting a semicolon; and (5) by adding at the end the following: `(8) United States-Israel energy cooperation, and the development of natural resources by Israel, are strategic interests of the United States; `(9) Israel is a strategic partner of the United States in water technology; `(10) the United States can play a role in assisting Israel with regional safety and security issues; `(11) the National Science Foundation of the United States should collaborate with the Israel Science Foundation; `(12) the United States and Israel should strive to develop more robust academic cooperation in energy innovation technology and engineering, water science, technology transfer, and analysis of geopolitical implications of new natural resource development and associated areas; `(13) the United States supports the goals of the Alternative Fuels Administration of Israel; `(14) the United States strongly urges open dialogue and continued mechanisms for regular engagement and encourages further cooperation between applicable departments, agencies, ministries, institutions of higher education, and the private sector of the United States and Israel on energy security issues, including-- `(A) identifying policy priorities associated with the development of natural resources of Israel; `(B) discussing best practices to secure cyber energy infrastructure; `(C) best practice sharing; `(D) leveraging natural gas to positively impact regional stability; `(E) improving energy efficiency and the overall performance of water technologies through research and development in water desalination, wastewater treatment and reclamation, and other water treatment refiners; `(F) technical and environmental management of deep-water exploration and production; `(G) coastal protection and restoration; `(H) academic outreach and engagement; `(I) private sector and business development engagement; `(J) regulatory consultations; `(K) leveraging alternative transportation fuels and technologies; and `(L) any other areas determined appropriate by United States and Israel; and `(15) the United States acknowledges the achievements and importance of the Binational Industrial Research and Development Foundation (BIRD) and the United States-Israel Binational Science Foundation (BSF) and supports continued multiyear funding to ensure the continuity of the programs of the Foundations.'. (b) Types of Energy- Section 917(b)(2) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337(b)(2)) is amended-- (1) in subparagraph (F), by striking `and' after the semicolon at the end; (2) in subparagraph (G), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: `(H) natural gas energy, including natural gas projects conducted by or in conjunction with the United States-Israel Binational Science Foundation; `(I) improvement of energy efficiency and the overall performance of water technologies through research and development in water desalination, wastewater treatment and reclamation, and other water treatment refiners; and `(J) conventional and unconventional oil and gas technologies.'. (c) Eligible Applicants- Section 917(b)(3) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337(b)(3)) is amended by striking `energy efficiency or renewable' and inserting `covered'. (d) Authorization of Appropriations; International Partnerships- Section 917 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337) is amended-- (1) by striking subsection (d); (2) by redesignating subsection (c) as subsection (e); and (3) by inserting after subsection (b) the following: `(c) International Partnerships- `(1) IN GENERAL- The Secretary may, subject to appropriations, enter into cooperative agreements supporting and enhancing dialogue and planning involving international partnerships between the Department, including National Laboratories of the Department, and the Government of Israel and its ministries, offices, and institutions. `(2) FEDERAL SHARE- The Secretary may not pay more than 50 percent of Federal share of the costs described in paragraph (1). `(3) ANNUAL REPORTS- The Secretary may submit to the appropriate committees of Congress an annual report that describes-- `(A) actions taken to carry out this subsection; and `(B) any projects under this subsection for which the Secretary requests funding. `(d) United States-Israel Center- The Secretary may establish a joint United States-Israel Center based in an area of the United States with the experience, knowledge, and expertise in offshore energy development to further dialogue and collaboration to develop more robust academic cooperation in energy innovation technology and engineering, water science, technology transfer, and analysis of geopolitical implications of new natural resource development and associated areas.'. (e) Termination- Subsection (e) of section 917 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337) (as redesignated by subsection (d)(2)) is amended by striking `the date that is 7 years after the date of enactment of this Act' and inserting `September 30, 2024'.