6:16 PM EDT

Doc Hastings, R-WA 4th

Mr. HASTINGS of Washington. Mr. Chairman, I yield myself such time as I may consume.

Over the last few months, deadly wildfires, especially in California, Arizona, and Colorado, and wildfires in [Page: H5722]

other western States, have highlighted the growing problem with our current Federal forest management plans.

Like all public lands, our national forests should, unless otherwise designated, be open for multiple use, for everything from recreation to job-creating economic activities; but instead, Federal regulations and lawsuits have effectively shut down our national forests. Timber harvests have dropped by 80 percent over the last 30 years in our national forests.

While the Forest Service once received $2 for every $1 spent, it now spends $2 for every $1 it produces. Our Federal forests are being badly managed, and there have been devastating consequences to that management.

First, rural communities are struggling to survive and no longer have stable funding to pay for vital services. The Federal Government made a promise over a century ago to actively manage our forests for the benefit of rural schools and communities. Under a Federal law passed in 1908, the U.S. Forest Service has historically shared 25 percent of all timber revenues with rural counties containing national forestland. Since the Federal Government doesn't pay local taxes, those counties depended

on this revenue to help fund essential needs like schools and local infrastructure.

But as timber sales declined, Mr. Chairman, so did the revenue to those counties. Counties struggled to find the resources needed to keep teachers in the classroom and police on the streets. Congress provided a short-term solution in 2000 by passing the Secure Rural Schools Act, which continued to provide funding as timber sales declined. SRS was created to provide ``transition payments'' over a 6-year period while these counties diversified their economies. But the fact is, Mr. Chairman, their

economies are built on natural resources--in this case, timber.

With a national debt measuring in the trillions of dollars, it is becoming increasingly difficult to finance this program that costs several hundred million dollars annually, especially when it fails to address the fundamental problem of declining forest management. A new approach is needed now.

The Federal Government's lack of forest management has cost tens of thousands of American jobs. These forests are the backbone of these communities' economy. From the logging to the mill work to the truck drivers, our forests put thousands of people to work. I should say had put thousands of people to work.

Additionally, as I have mentioned, the lack of active forest management has caused a significant degradation of forest health and made them increasingly susceptible to bug infestations and catastrophic wildfires.

Mr. Chairman, this is an interesting statistic. Last year--just last year--9.3 million acres of national forests burned in wildfires. By comparison, only 200,000 acres were harvested by the U.S. Forest Service. That means that 44 times more acres burned compared to those acres that were responsibly harvested. We cannot continue to sit idly by while wildfires rage, homes are destroyed, and lives are lost.

H.R. 1526, the Restoring Healthy Forests for Healthy Communities Act, is a long-term solution to put Americans back to work to restore our forest health and help prevent catastrophic wildfires by renewing our Federal Government's commitment to actively manage our national forests.

The bill requires responsible timber production on at least half of our Federal Forest Service's commercial timberlands. These lands, by the way, Mr. Chairman, were specifically identified by the Forest Service for timber harvest.

By helping to restore active forest management, this bill is estimated to create over 200,000 direct jobs and would provide nearly $400 million in savings over 10 years.

As required by law in 1908, H.R. 1526 would again share 25 percent of the revenue from the timber sales with the counties containing this national forestland.

The bill will also allow us a short-term extension of the Secure Rural School payments to provide funding to counties as the Forest Service transitions back into active management.

H.R. 1526 would also help prevent deadly and catastrophic wildfires by focusing on hazardous fuels reduction and empowering States to take a more active role in reducing those wildlife risks.

Finally, this bill recognizes that States and counties are often better at managing forestlands than the Federal Government. States have shown that they are able to produce more revenue from timberlands than the Federal Government.

Let me give you an example in my home State of Washington. Washington State is able to harvest seven times more timber and generate 200 times more revenue on one-fourth of the land compared to what the Forest Service has. They do that by better management.

This bill would allow counties to actively manage portions of national forestland through the creation of Community Forest Demonstration Areas.

H.R. 1526 has broad support. Over 140 local and national organizations, including 68 counties in 17 different States, have endorsed this vital, commonsense legislation to restore active forest management that will protect American jobs and livelihoods. These communities, their families, and their businesses deserve better than the status quo and the current failure of our forest management plans today.

With that, Mr. Chairman, I reserve the balance of my time.

6:35 PM EDT

Kurt Schrader, D-OR 5th

Mr. SCHRADER. I would like to thank the chairman and ranking member for bringing a bipartisan and actual job-creating piece of legislation to the Chamber in these highly divisive times. This is the type of legislation we should be talking about.

Mr. Chairman, rural counties across America, not just in my home State of Oregon, are dying. Unemployment is still in the double digits as you've heard. Schools are closing. Infrastructure is deteriorating, and crime is increasing. There is really no recovery in rural America. The dwindling amount of county funding from our national forests and Secure Rural Schools system has left local governments unable to afford even the basic services that every American should have. They are making our communities

unhealthy and unsafe. In Oregon, we currently have two counties going bankrupt while we stand idly by. The status quo is no longer acceptable. Moreover, due to the lack of proper active management, our forests are diseased, dying, and overstocked, leaving them susceptible to the catastrophic wildfires we have been seeing on TV every night this past summer and fall.

In this year alone, the U.S. Forest Service has spent over $1 billion in fighting forest fires. These wildfires not only burn millions of acres of public and private forests every year, but they cause serious harm to the environment--water, air quality--and to our public health. The Biscuit Fire in Oregon in 2002 alone produced as much as one-third of all the carbon released through fossil fuel burning in Oregon annually. That cannot continue.

Title III of H.R. 1526 is a bipartisan solution to a unique set of Oregon forestlands that was drafted by me and my colleagues, Congressmen DEFAZIO and WALDEN. The Oregon and California Railroad lands, commonly known as the O&C lands, have a unique mandate which differs from other BLM and Forest Service lands. It requires them to generate revenue for 18 Oregon counties from sustainable timber harvest. However, due to tedious and continued litigation, harvest levels are now 90 percent

below what they were in the nineties. No one is asking to go back to the seventies or eighties, folks. That's not the issue despite what you'll hear. These are lands that are meant to produce timber in a sustainable way. The Federal law requires it, actually, and the legislation we wrote does it in an environmentally sound manner.

Along with a reliable amount of timber and revenue for our counties, I would like to remind everyone that title III also designates 90,000 acres of new wilderness protections and 150 miles of Wild and Scenic Rivers. The bill places over 1 million acres of old growth into protection and creates a conservation fund to help take care of it. The underlying bill also extends a lot of the popular forestry programs like stewardship, contracting, and good neighbor authority.

You're going to hear a lot of misinformation about this bill and outright falsehoods. Contrary to what our opponents claim, title III guarantees ESA and clean water protections, which have worked for decades on Oregon's State and private forestlands. It has extensive riparian protections, and it restricts pesticide use. Most importantly, it protects our most green and renewable natural resource for generations to come, and it puts certainty back into the woods for our rural communities and job

creators.

Title III of this bill would create over 15,000 direct and indirect jobs by itself. The underlying bill would create over 200,000 jobs nationwide. When folks are still struggling to find jobs and to put food on the table, we cannot deny them this opportunity to work. The families and their communities depend on it.

I am also very encouraged to know that Senator Wyden, the chairman of the Senate Energy and Natural Resources Committee, is also working on a parallel plan to help fix our broken rural economies and revive our unhealthy forests. We plan to work in a bicameral and a bipartisan fashion to come to a final solution that will provide revenue for our counties, clean up our unhealthy forests, and get people back to work in the woods.

COLUMBIA COUNTY

BOARD OF COMMISSIONERS,

St. Helens, OR, September 16, 2013.

Hon. PETER DEFAZIO.

Hon. GREG WALDEN.

Hon. EARL BLUMENAUER.

Hon. KURT SCHRADER.

Hon. SUZANNE BONAMICI.

DEAR MEMBERS OF OREGON'S HOUSE OF REPRESENTATIVES: We are writing to request your support for HR 1526, the Restoring Healthy Forests for Healthy Communities Act, and ask that you vote in favor of this bill when the opportunity arises. HR 1526 would renew the commitment to manage federal forests for the benefit of counties impacted by federal forestland, improve forest health and help prevent catastrophic wildfires.

Oregon continues to lose infrastructure and jobs due to federal policies that have strangled sustainable management of a renewable resource. We are harvesting less than five percent of the annual growth in federal forests, resulting in overstocked stands and conditions ripe for wildfire. HR 1526 would permit responsible, limited timber production on Forest Service lands, would allow significant state and local involvement, and would separately address management of the unique O&C Lands by incorporating

the bipartisan solution crafted by Representatives DeFazio, Schrader and Walden. The bill also would allow cooperative state and federal fire mitigation projects in areas that cross ownership boundaries.

The expiration of the Secure Rural Schools (SRS) program in 2012 has resulted in drastic budget shortfalls in our Counties. HR 1526 provides one year of bridge funding at the SRS 2010 level, allowing transition to more active forest management and a return to shared revenues from forest management. These revenues would provide schools with substantial funding and support public safety, road maintenance, and social service programs. Improved management and restoration of the nation's forests will

generate tremendous environmental and social benefits and create desperately needed jobs and revenue for rural economies.

Thank you for your support of Oregon counties and schools and for your consideration of this request.

Henry Heimuller,

Chair.

Anthony Hyde,

Commissioner.

Earl Fisher,

Commissioner.

Jeff Dickerson,

Sheriff.

Steve Atchinson,

District Attorney. [Page: H5727]

--

POLK COUNTY

BOARD OF COMMISSIONERS,

Dallas, OR, September 16, 2013.

Hon. PETER DEFAZIO.

Hon. GREG WALDEN.

Hon. EARL BLUMENAUER.

Hon. KURT SCHRADER.

Hon. SUZANNE BONAMICI.

DEAR MEMBERS OF OREGON'S HOUSE OF REPRESENTATIVES: We are writing to request your support for H.R. 1526, the Restoring Healthy Forests for Healthy Communities Act, and ask that you vote in favor of this bill when the opportunity arises. H.R. 1526 would renew the commitment to manage federal forests for the benefit of counties impacted by federal forestland, improve forest health and help prevent catastrophic wildfires.

Oregon continues to lose infrastructure and jobs due to federal policies that have strangled sustainable management of a renewable resource. We are harvesting less than five percent of the annual growth in federal forests, resulting in overstocked stands and conditions ripe for wildfire. H.R. 1526 would permit responsible, limited timber production on Forest Service lands, would allow significant state and local involvement, and would separately address management of the unique O&C Lands by incorporating

the bipartisan solution crafted by Representatives DeFazio, Schrader and Walden. The bill also would allow cooperative state and federal fire mitigation projects in areas that cross ownership boundaries.

The expiration of the Secure Rural Schools (SRS) program in 2012 has resulted in drastic budget shortfalls in our Counties. H.R. 1526 provides one year of bridge funding at the SRS 2010 level, allowing transition to more active forest management and a return to shared revenues from forest management. These revenues would provide schools with substantial funding and support public safety, road maintenance, and social service programs. Improved management and restoration of the nation's forests

will generate tremendous environmental and social benefits and create desperately needed jobs and revenue for rural economies.

Thank you for your support of Oregon counties and schools and for your consideration of this request.

Sincerely,

CRAIG POPE,

Commissioner.

AARON FELTON,

District Attorney.

ROBERT WOLFE,

Sheriff.

DOUG SCHMIDT,

Assessor.

--

TILLAMOOK COUNTY

BOARD OF COMMISSIONERS,

Tillamook, OR, August 28, 2013.

Re Support H.R. 1526.

Congressman Doc Hastings,

Chairman, Natural Resources Committee,

Washington DC.

Congressman Peter DeFazio,

Ranking Member, Natural Resources Committee, Washington DC.

DEAR CHAIRMAN HASTINGS AND RANKING MEMBER DEFAZIO: A phrase such as ``money does not grow on trees'' is quite often overused. However in America's national forests, money and jobs do grow on trees. Unfortunately, a failed Federal Forest management system has led to the loss of thousands of family wage jobs and has left out rural forested counties with a myriad of social and economic problems we do not deserve and that need to be addressed. For most of our counties, that can only be done

by returning to a sustainable harvest level that absolutely will provide family wage jobs and allow for a solid tax base to support badly needed services.

From our perspective there are at least three reoccurring themes hindering sustainable forest management; first is funding to prepare sales, second is the environmental analysis and review time for management activities, and third is litigation that stalls or totally stops much of the harvest that badly needs to be done.

An increase in sustainable forest management is essential if we are to ever provide the healthy forests envisioned by President Theodore Roosevelt. The forest mortality we are facing now is destroying habitat for wildlife, creating catastrophic wildfires that destroy everything in their path and leaving millions of acres of forests susceptible to massive bug and insect infestation.

H.R 1526 addresses all of these issues. It provides a common sense approach for returning to sustainable forest management where the planned harvest can occur in a reasonable amount of time. We do appreciate that the legislation allows for a temporary extension of the Secure Rural Schools and Community Self Determination Act.

However, for long term social and financial health of rural forested communities we must have the family wage jobs that are provided by a healthy forest products industry.

We know you are fully supporting H.R. 1526 and do appreciate your work and vote on this bill.

Sincerely,

Mark Labhart,

Chairperson.

Bill Baertlein,

Vice Chairperson.

Tim Josi,

Commissioner.

--

CLACKAMAS COUNTY

BOARD OF COUNTY COMMISSIONERS

,

Oregon City, OR, August 27, 2013.

Hon. Doc Hastings,

Chairman, Committee on Natural Resources, House of Representatives.

Hon. Peter DeFazio,

Ranking Member, Committee on Natural Resources, House of Representatives.

Dear Representatives Hastings and DeFazio: The Clackamas County Board of Commissioners wishes to express our support for the Secure Rural Schools and the Oregon and California (O&C) Lands provisions contained within H.R. 1526, the Restoring Healthy Forests for Healthy Communities Act. We believe these provisions are a common sense and balanced approach to federal forest management that will support family wage jobs and provide counties with certain and predictable revenue streams for

critical county services.

Clackamas County is a western Oregon county with considerable urban and rural populations spread across a diverse landscape of more than 1.2 million acres. Approximately 52% of this land is federally owned and managed by the U.S. Forest Service and Bureau of Land Management, with roughly 75,000 acres designated as O&C Lands. The responsible management of these federal forestlands is critical to providing predictable, long-term revenue for the county road and general funds that enhances the quality

of life of county residents. Responsible federal management also would greatly enhance the economic wellbeing of our local wood products industry.

Regrettably, the impasse to meet federal forest management and timber sale volume goals, as prescribed by the Northwest Forest Plan and the O&C Act of 1937, has substantially reduced timber revenue and forced the County to reduce vital services for public safety, education, health, and other programs. At the same time, we have seen devastating economic losses in our rural communities and wood products industry--going from 12 operating mills in the County to just two. In light of this fiscal crisis,

we urgently require a new approach to federal forest management that creates jobs, stabilizes Oregon's rural communities, and restores forest function and health. Absent a long-term solution, vital county services and our vast natural resource systems will be severely impacted or disappear altogether.

From our perspective, three major themes hinder sustainable forest management--funding to prepare timber sales, environmental analysis and review time for management activities, and litigation that stalls or completely stops harvest. H.R. 1526 correctly addresses these issues by allowing planned harvests to occur on forestlands prescribed for timber production, with reasonable time for environmental review and protection from unreasonable litigation. The bill also temporarily extends the Secure

Rural Schools Act, which will help to sustain vital county services until the law begins to generate new revenues.

Thank you for your work on this critical issue. We support your continued efforts to bring this important legislation to the House floor for a vote.

Sincerely,

John Ludlow,

Chair.

Jim Bernard,

Commissioner.

Paul Savas,

Commissioner.

Martha Schrader,

Commissioner.

Tootie Smith,

Commissioner.

--

MARION COUNTY

BOARD OF COMMISSIONERS,

September 16, 2013.

Hon. PETER DEFAZIO.

Hon. GREG WALDEN.

Hon. EARL BLUMENAUER.

Hon. KURT SCHRADER.

Hon. SUZANNE BONAMICI.

DEAR MEMBERS OF OREGON'S HOUSE OF REPRESENTATIVES: We are writing to request your support for HR 1526, the Restoring Healthy Forests for Healthy Communities Act, and ask that you vote in favor of this bill when the opportunity arises. HR 1526 would renew the commitment to manage federal forests for the benefit of counties impacted by federal forestland, improve forest health and help prevent catastrophic wildfires.

Oregon continues to lose infrastructure and jobs due to federal policies that have strangled sustainable management of a renewable resource. We are harvesting less than five percent of the annual growth in federal forests, resulting in overstocked stands and conditions ripe for wildfire. HR 1526 would permit responsible, limited timber production on Forest Service lands, would allow significant state and local involvement, and would separately address management of the unique O&C Lands by incorporating

the bipartisan solution crafted by Representatives DeFazio, Schrader and Walden. The bill also would allow cooperative state and federal fire mitigation projects in areas that cross ownership boundaries.

The expiration of the Secure Rural Schools (SRS) program in 2012 has resulted in drastic budget shortfalls in our Counties. HR 1526 provides one year of bridge funding at the SRS 2010 level, allowing transition to more active forest management and a return to shared revenues from forest management. These revenues would provide schools with [Page: H5728]

substantial funding and support public safety, road maintenance, and social service programs. Improved management

and restoration of the nation's forests will generate tremendous environmental and social benefits and create desperately needed jobs and revenue for rural economies.

Thank you for your support of Oregon counties and schools and for your consideration of this request.

Sincerely,

Janet Carlson,

Chair, Commissioner.

Samuel A. Brentano,

Vice Chair, Commissioner.

Patricia Milne,

Commissioner.

Jason Myers,

Sheriff.

Walt Beglau,

District Attorney.

Tom Rohlfing,

Assessor.

6:40 PM EDT

Paul Gosar, R-AZ 4th

Mr. GOSAR. Mr. Chairman, I thank Chairman Hastings for the time, for his leadership on our committee, and for including my bipartisan wildfire legislation--the Catastrophic Wildfire Prevention Act--in this forest health package.

Mr. Chairman, we have a forest health crisis in this country, and this bill will go a long way toward restoring the environment, improving public safety, and putting thousands of people back to work.

Due to redistricting, I have represented nearly all of rural Arizona in Congress--nearly 48,000 square miles of U.S. Forest Service land. These areas have been some of the communities most devastated by recent wildfire. In my first year, the Wallow Fire, now the largest fire in Arizona's State history, ravaged half a million acres of our treasured Ponderosa Pine Country in just a few weeks; and this year, our State was struck by the recent loss of 19 firefighters in the Yarnell Hill Fire. That

fire was one of many to burn over 103,000 acres this year.

We must come together, change the status quo, and facilitate conditions that minimize the chance that fires start, and we must reduce their size and intensity once they burn. The bill before us today does a few important things to achieve that goal:

First, it prioritizes responsible timber production, and it ensures a reliable revenue stream for local governments. The Feds made a promise to our forest communities, and it must uphold that promise. Secure Rural School dollars ensure our counties can provide essential services, such as public safety and education to our constituents. H.R. 1526 would not only provide certainty in the program, but it would increase timber revenues threefold;

Secondly, it implements my bill, the Catastrophic Wildfire Prevention Act. These provisions, parts of title II and title V of the act, reduce red tape and provide the land management agencies a variety of tools, specifically stewardship contracting and good neighbor authority, to conduct smaller projects in high-risk areas that need immediate attention.

While long-term, active forest management will protect our communities in the long run, we have to protect our people and our assets today. These provide an expedited arrangement to streamline thinning and grazing projects needed in immediate, at-risk areas like our forest communities, critical water delivery and electrical infrastructures, and our schools.

The solutions in our bill are supported by nearly every county in my rural district, in particular Yavapai and Gila Counties, and many affected stakeholders, including the Cattlemen, the Natural Resources Conservation Districts, and the Farm Bureau. This bill has commonsense solutions to our forest health crisis that should garner the entire support of this body.

You may look at this bill and think it's not perfect, but it will do a lot to prevent the suffering that communities like the ones I represent have been experiencing. I would welcome any Member of this body to come down to my district and meet with the families who have lost their homes, their fathers, their mothers, their husbands and wives, their kids, and their livelihoods. I think you will see why we have to act.

6:43 PM EDT

Doc Hastings, R-WA 4th

Mr. HASTINGS of Washington. Mr. Chairman, I yield 3 minutes to the gentleman from Colorado (Mr. Tipton), another member of the Natural Resources Committee.

6:43 PM EDT

Scott Tipton, R-CO 3rd

Mr. TIPTON. Thank you, Chairman Hastings. I appreciate the opportunity to address emergencies in our forests in the West.

Mr. Chairman, over the past decade, we've seen an increase in the number of catastrophic wildfires burning in the western U.S., resulting in a tragic loss of life, significant property damage, the loss of critical habitats, and the pollution of vital watersheds.

According to the National Interagency Fire Center, there have been over 38,119 different fires in the United States in 2013 alone. The Black Forest fire, which ravaged Colorado in June of this year, is believed to be the most destructive fire in Colorado's history, destroying more than 486 homes and with an estimated cost in excess of $85 million. The West Fork Complex fire burned approximately 110,000 acres in southwest Colorado this summer, and the incident commanders in charge of the suppression

efforts on the fire told me that the behavior of the fire was unprecedented. Because of all the beetle-killed timber, unnaturally dense forest, and dry conditions, the fire has acted in a way that defied computer models.

[Time: 18:45]

Unfortunately this news was made worse last week in my home State, as Colorado was struck with another natural disaster in what many believe was the worst flood in Colorado history. Parts of at least 18 different cities and towns in my home State were severely flooded, and damage to roads, bridges, homes, and other infrastructure is already estimated to exceed a billion dollars. While little could be done to prepare for the staggering rainfall the State received over such a widespread area, in

parts of Colorado where fires in recent years stripped the landscape of vegetation, the severity of the flood damage was worsened by intense runoff, erosion, and mud slides.

Threats to wildlife and property resulting from the wildfires are becoming increasingly costly, and by 2030 the number of acres of forest in Colorado that contain residential housing and commercial development is expected to exceed 2 million acres, representing an enormous potential hazard if fuel reduction projects and other proactive managements are not initiated.

Instead of ramping up forest management efforts and addressing hazardous conditions of the Western forests, the Interior Department has proposed a 48 percent cut agency-wide for hazardous fuels reduction for 2014, and the Forest Service has proposed reducing this proactive management by 24 percent. In 2012, the Forest Service spent only $296 million on hazardous fuels treatment nationwide, while spending close to $2 billion on wildfire suppression during that same time.

It is far more efficient and cost effective to proactively manage our forests. I've said it before, but the old adage of ``an ounce of prevention is worth a pound of cure'' rings especially true when we're talking about reducing the occurrence and severity of wildfires in our forests. Despite this, we've seen a decrease in timber harvesting of 80 percent over the past three decades. It is no coincidence that during this time the severity of fires and the number of acres burned has increased steadily.

From 2000 to 2012, over 90 million acres burned in the U.S., nearly as many as the previous three decades combined.

Mr. Chairman, I appreciate the time and your support for this, and I urge passage of this legislation.

6:43 PM EDT

Scott Tipton, R-CO 3rd

Mr. TIPTON. Thank you, Chairman Hastings. I appreciate the opportunity to address emergencies in our forests in the West.

Mr. Chairman, over the past decade, we've seen an increase in the number of catastrophic wildfires burning in the western U.S., resulting in a tragic loss of life, significant property damage, the loss of critical habitats, and the pollution of vital watersheds.

According to the National Interagency Fire Center, there have been over 38,119 different fires in the United States in 2013 alone. The Black Forest fire, which ravaged Colorado in June of this year, is believed to be the most destructive fire in Colorado's history, destroying more than 486 homes and with an estimated cost in excess of $85 million. The West Fork Complex fire burned approximately 110,000 acres in southwest Colorado this summer, and the incident commanders in charge of the suppression

efforts on the fire told me that the behavior of the fire was unprecedented. Because of all the beetle-killed timber, unnaturally dense forest, and dry conditions, the fire has acted in a way that defied computer models.

[Time: 18:45]

Unfortunately this news was made worse last week in my home State, as Colorado was struck with another natural disaster in what many believe was the worst flood in Colorado history. Parts of at least 18 different cities and towns in my home State were severely flooded, and damage to roads, bridges, homes, and other infrastructure is already estimated to exceed a billion dollars. While little could be done to prepare for the staggering rainfall the State received over such a widespread area, in

parts of Colorado where fires in recent years stripped the landscape of vegetation, the severity of the flood damage was worsened by intense runoff, erosion, and mud slides.

Threats to wildlife and property resulting from the wildfires are becoming increasingly costly, and by 2030 the number of acres of forest in Colorado that contain residential housing and commercial development is expected to exceed 2 million acres, representing an enormous potential hazard if fuel reduction projects and other proactive managements are not initiated.

Instead of ramping up forest management efforts and addressing hazardous conditions of the Western forests, the Interior Department has proposed a 48 percent cut agency-wide for hazardous fuels reduction for 2014, and the Forest Service has proposed reducing this proactive management by 24 percent. In 2012, the Forest Service spent only $296 million on hazardous fuels treatment nationwide, while spending close to $2 billion on wildfire suppression during that same time.

It is far more efficient and cost effective to proactively manage our forests. I've said it before, but the old adage of ``an ounce of prevention is worth a pound of cure'' rings especially true when we're talking about reducing the occurrence and severity of wildfires in our forests. Despite this, we've seen a decrease in timber harvesting of 80 percent over the past three decades. It is no coincidence that during this time the severity of fires and the number of acres burned has increased steadily.

From 2000 to 2012, over 90 million acres burned in the U.S., nearly as many as the previous three decades combined.

Mr. Chairman, I appreciate the time and your support for this, and I urge passage of this legislation.

6:47 PM EDT

Tom McClintock, R-CA 4th

Mr. McCLINTOCK. Mr. Chairman, on behalf of the communities of the Sierra Nevada, I want to thank Chairman Hastings for this long overdue legislation. If anyone doubts the necessity of this bill, let them come to my district where the Yosemite Rim fire has just incinerated 400 square miles of our precious forests. [Page: H5729]

For years, foresters have been screaming this warning at us, that the excess timber is going to come out of the forest one way or another. It will either be carried out or it will be burned out, but it will come out. In the days when we carried it out, we had healthier forests and a thriving economy.

But Federal regulations have driven our timber harvests down 80 percent nationally--more like 90 percent in the Sierras--and now the timber that we once carried out is being burned out, and there's nothing subtle about the numbers. As the board feet harvested out of these forests has declined, the acreage incinerated by forest fires has increased proportionately and contemporaneously. The human cost has been devastating: dozens of mills closed, thousands of families out of work, local tax bases

eviscerated.

Some of the mountain communities in my district now suffer Detroit-levels of unemployment, and the environmental cost has been just as devastating: overcrowded forests, overdrawn watersheds, and now catastrophic fires. There is nothing more environmentally devastating to a forest than a forest fire.

This measure restores the sound forest management practices that we foolishly abandoned to the detriment of our environment and our economy. This bill marks, at long last, a return to common sense for the management of our national forests.

6:49 PM EDT

Peter A. DeFazio, D-OR 4th

Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume.

Mr. Chairman, I'd like to spend a little bit of time directly addressing the concerns and questions of some constituents back in Oregon regarding the O&C plan in this bill. As Representative Schrader said, there is an extraordinary amount of disinformation and obfuscation out there.

This is the bottom plan. It provides everyone at the table with something that they don't currently have. For failing counties in western Oregon--and Representative Schrader did a great job talking about that, as did Representative Walden--it means $1 billion over 10 years to help pay for basic government services like law enforcement, public health, and education. It means putting sheriffs back on the roads, keeping violent criminals behind bars, having better public health,

and rebuilding our infrastructure. All of those things are good jobs, necessary jobs, and things that enhance the quality of life for Oregonians and all Americans.

For forested communities and local economies, this plan means sustaining or creating thousands of good-paying jobs. I have counties that have chronic unemployment in the double digits. I've taken to telling some people I represent the new Appalachia. When you go and visit these depressed communities, when the last mill closes in one of my counties, I talk to the owners of the mill and they said, If your bill had passed, we'd be hiring 100 people, instead of firing 100 people, in a community where

100 would be the largest employer. This means keeping those mills open, or maybe adding shifts. This plan will keep the raw logs here at home, rather than exporting our timber to places like China.

For the environmental community, many of whom have totally disregarded or created propaganda about this bill, it means the first-ever legislative protection for mature and old growth forests in western Oregon. They are not legislatively protected now. In fact, if the

Clinton forest plan, the Northwest forest plan, is ordered fully implemented, in pending litigation in a court here in D.C., that old growth will be some of the first to be harvested. Since I've come to Congress, I've been attempting to preserve the old growth. This would do it. There would be 1.2 million acres of old growth preserved, habitat that is fabulous. It is a carbon sink. It has the best areas to recreate.

The bill also increases wilderness protection on the O&C lands by 250 percent, doubling the size of the Rouge Wilderness, adding Devil's Staircase, and it also will add 130 miles of wild and scenic designation. There will be more river protection on the O&C lands in one plan than in the previous 50 years combined, and we will quadruple the watershed protection compared with Oregon State standards. They keep saying this is just the way Oregon private forestry is done. No. We're going to have four

times the riparian protection, and in terms of herbicides and pesticides, we're going to require the development of an integrated pest-management plan through a public process for these lands. This is not Oregon forest practices as we know it, and as they are picturing in ads. If they have concerns about Oregon forest practices, they ought to go to their Governor and State legislature, because this bill is not that.

Of the 2.8 million acres, 1.2 million acres of old growth will be preserved. That is 300,000 acres of additional riparian reserve to protect our water quality for consumption and for fisheries and other values. There will be 1.3 million--less than half--that will be managed. Areas that have been previously managed, many of which need thinning and they need restoration work, half of those 1.3 million managed will be managed on a rotation of over 100 years, providing, again, tremendous environmental

benefits.

Here's what the plan doesn't do. It doesn't privatize or sell any Federal lands. In fact, these lands will remain in Federal ownership, and we will pay the Federal Government $10 million a year to manage these lands, and the Federal Government will save tens of millions of dollars every year because of the management being done by a board, which would be appointed by our Governor and would actually govern these forests and manage these forests through an open public process under the Oregon open-meetings

law.

It will not return to the unsustainable levels that occurred during the watch of my predecessor. There were 1.6 million board feet the year I ran for Congress on these lands. That was not sustainable, and they would tell people we're going back to that. No, we're not. I ran against that, and we're not going back there. It looks like the best estimates are we would probably get to about one-third of that level on these lands with a environmentally responsible plan. It does not eliminate national

environmental laws. They would still apply.

This plan is about trying to restore balance and predictability to western Oregon. I was pretty surprised at the statement, better known as a SAP, that claimed this proposal would create more legal uncertainty. I don't know how it's possible to create more legal uncertainty on the O&C lands. The BLM is in the current of a multiyear, multimillion dollar process to rewrite the management plan for these lands. The new plan is intended to replace the old plan, which resulted from a lawsuit. The old

plan was litigated and withdrawn. Their new plan was withdrawn by this administration because they said they couldn't defend it in a lawsuit. Now they're developing yet another new plan at the cost of tens of millions of dollars, which will certainly be litigated. And just recently, a decision in Federal court has confirmed that the O&C Act means what it says, ``permanent, sustainable timber production.'' This decision throws the status quo further into an uncertain area.

Now the BLM is required to offer for sale the allowable sale quantity every year. It hasn't been doing that. There's another lawsuit that would make this decision retroactive. That would be over a billion board feet of timber. Yet, another lawsuit pending seeks to return the O&C logging levels back to the 1970s and 1980s. This says nothing of the pending lawsuits on individual timber sales. That's not certainty; that's chaos. I'm pushing a balanced O&C plan that does three things: provides predictable

payments to failing counties; creates jobs and sustains the existing infrastructure; and legislatively protects the environment and public health.

This is the first beginning, on either side of Capitol Hill, of a long legislative process, the first step toward getting a bipartisan bill finally negotiated and sent to the President hopefully not too distant from now.

I reserve the balance of my time.

6:57 PM EDT

Cynthia Lummis, R-WY

Mrs. LUMMIS. Mr. Chairman, I rise in support of the act because it will save forests in Wyoming and the West. These are fabulous natural resources enjoyed by people and wildlife, but across the West they are burning or [Page: H5730]

dying after decades of Federal mismanagement.

This photograph is from the Black Hills National Forest. Right here, you see a very lush green area in the forest. Adjacent to that, you have brown areas with dead or dying trees that have been ravaged by the mountain pine beetle. Where you find that healthy wildlife habitat, that healthy soil that's resistant to erosion, the healthy rivers and streams, the safe area to camp and hike and recreate, is because you have a healthy forest that was actively managed.

This green area was logged. It was thinned. The thinning is selective, it's measured, and designed to maintain a healthy and strong mix of trees. The brown area wasn't thinned. Bureaucratic delays, litigation, and endless appeals prevented conservation logging in this area. When you don't manage a forest, the entire ecosystem suffers from the trees down to the wildlife, the soil, and the streams. It's dangerous to camp or hike in the brown area because of the dead or falling trees. The dead trees

are now fuel for fires, and we've seen them all over the West in the last 3 years, including this summer. This picture is replicated throughout the West, dead or burning Federal forests right next to healthy State or tribal forests, because the State and tribal forests are actively managed.

Our forests don't have to look like this. They can look like this. This act will get the Forest Service back to work on conservation logging, create jobs in the forest-products industry, create revenue for Federal and local governments, and prevent the astronomical costs of responding to wildfires and infestations.

[Time: 19:00]

It also gives State and local government a voice in forest management within their borders. Through good neighbor authority and community forest demonstration areas, we're involving the people who actually live near those forests who depend on that beautiful place to live.

Mr. Chair, this is one of the most commonsense bills I've had the privilege of helping with. I urge its passage.

BEFORE THE COUNTY COMMISSION OF THE STATE OF OREGON FOR THE COUNTY OF JEFFERSON

RESOLUTION NO. R-015-13

In The Matter of a Resolution Supporting H.R. 1526, Restoring Healthy Forests for Healthy Communities Act

Now, the Jefferson County Board of Commissioners recognize that Oregonians in our forested communities are facing extreme poverty, systemic unemployment, and thousands of children on free and reduced lunch.

Whereas, Jefferson County currently faces 10.8% unemployment; and

Whereas, 81.3% of school children in Jefferson County are eligible for Free or Reduced lunch programs; and

Whereas, Jefferson County's poverty rate is 20.2%; and

Whereas, these negative economic conditions can be attributed to the reduction in timber harvests in our National Forests (80% reduction over the past 30 years) and corresponding mill closures; and

Whereas, Jefferson County cannot afford for any more mills to close and desire to recover our lost mill capacity; and

Whereas, H.R. 1526 is a bipartisan effort that aims to put people back to work in the woods, reduce litigation, provide certainty for counties so that they can provide essential services, lift families out of poverty, and prevent catastrophic wildfires that we have been experiencing; Now therefore be it

Resolved that the Jefferson County Board of Commissioners hereby support H.R. 1526, Restoring Healthy Forests for Healthy Communities Act, and urge all members of the U.S. House of Representatives to support the passage and implementation of this important legislation.

Dated this 25th day of September, 2013.

Board of Commissioners:

Wayne Fording,

Chair.

John Hatfield,

Commissioner.

Mike Ahern,

Commissioner.

--

THE BOARD OF COMMISSIONERS OF UMATILLA COUNTY STATE OF OREGON

ORDER NO. BCC2013-077

In the matter of Support for Restoring Forest for Healthy Communities Act (H.R. 1526)

Whereas, the Umatilla County Board of Commissioners recognize that Oregonians in our forested communities are facing extreme poverty, systemic unemployment, and thousands of children on free and reduced lunch;

Whereas Umatilla County's poverty rate is 14.8%; and

Whereas Umatilla County currently faces 8.4% unemployment; and

Whereas 59.5% of school children in Umatilla County are eligible for Free or Reduced lunch programs; and

Whereas these negative economic conditions can be attributed in part to the reduction in timber harvests in our National Forests (79% reduction over the past 30 years) and corresponding mill closure; and

Whereas Umatilla County cannot afford for any more mills to close and desires to recover our lost mill capacity; and

Whereas H.R. 1526 is a bipartisan effort that aims to put people back to work in the woods, reduce litigation, provide certainty for counties so that they can provide essential services, lift families out of poverty, and prevent catastrophic wildfires that we have been experiencing; Now therefore, the Umatilla County Board of Commissioners adds its support to H.R. 1526, Restoring Healthy Forests For Healthy Communities Act, and urges all members of the U.S. House of Representatives to support

the passage and the implementation of this important legislation.

Dated this 18th day of September, 2013.

Umatilla County Board of Commissioners:

W. Lawrence Givens,

Chair.

William J. Elfering,

Commissioner.

George L. Murdock,

Commissioner.

Attest: Office of County Records: Betty Lesko,

Records Officer.

--

BEFORE THE BOARD OF COMMISSIONERS IN AND FOR THE COUNTY OF WALLOWA IN AND OF THE STATE OF OREGON

RESOLUTION 2013-005

In the matter of a Resolution Supporting H.R. 1526, Restoring Healthy Forests for Healthy Communities Act

Now; The Wallowa County Board of Commissioners recognize that Oregonians in our forested communities are facing extreme poverty, systemic unemployment, and thousands of children on free and reduced lunch programs.

Whereas; Wallowa County currently faces a seasonal unemployment rate of 14%; and

Whereas; 54.8% of school children in Wallowa County are eligible for free or reduced lunch programs; and

Whereas; Wallowa County's youth poverty rate is 26%; and

Whereas; these negative economic conditions can be attributed to the reduction in timber harvests in our National Forests (80% reduction over the past 30 years) and corresponding mill closures; and

Whereas: Wallowa County cannot afford for any more businesses to close and desire to recover our lost mill capacity; and.

Whereas; H.R. 1526 is a bipartisan effort that aims to put people back to work in the woods, reduce litigation, provide certainty for counties so that they can provide essential services, lift families out of poverty, and prevent catastrophic wildfires that we have been experiencing; Now Therefore; the Wallowa County Board of Commissioners hereby

Resolve to support H.R. 1526, Restoring Healthy Forests for Healthy Communities Act, and urge our representatives in Washington D.C. to support its passage and implementation.

Dated this 16th day of September, 2013.

Wallowa County Board of Commissioners:

Chairman Mike Hayward.

Commissioner Paul Castilleja.

Commissioner Susan Roberts.

Attest:

Sandy Lathrop,

Exec. Assistant.

--

In Said County and State, when were present: The Honorable Mark D. Davidson, Chairman; Steve McClure, Commissioner; William D. Rosholt, Commissioner.

When, on Wednesday the 18th day of September 2013, among others the following proceedings were had to wit:

RESOLUTION 2013-11

In The Matter of a Resolution Supporting H.R. 1526, Restoring Healthy Forests for Healthy Communities Act

Now, the Union County Board of Commissioners recognize that Oregonians in our forested communities are facing extreme poverty, systemic unemployment, and thousands of children on free and reduced lunch.

Whereas, Union County currently faces 8.3% unemployment; and

Whereas, 53% of school children in Union County are eligible for Free or Reduced lunch programs; and

Whereas, Union County's poverty rate is 16.6%; and

Whereas, these negative economic conditions can be attributed to the reduction in timber harvests in our National Forests (80% reduction over the past 30 years) and corresponding mill closures; and

Whereas, Union County cannot afford for any more mills to close and desire to recover our lost mill capacity; and

Whereas H.R. 1526 is a bipartisan effort that aims to put people back to work in the woods, reduce litigation, provide certainty for counties so that they can provide essential services, lift families out of poverty, and prevent catastrophic wildfires that we have been experiencing, Now therefore the Union County Board of Commissioners Hereby Resolve to support H.R. 1526, Restoring Healthy Forests For Healthy Communities Act, and urge all members of the U.S. House of Representatives to support

the passage and implementation of this important legislation.

Dated this 18th day of September, 2013.

Mark D. Davidson,

Chairman.

Steve McClure,

Commissioner.

7:00 PM EDT

Raúl Rafael Labrador, R-ID 1st

Mr. LABRADOR. Mr. Chairman, I rise today in support of H.R. 1526. I want to thank Chairman Hastings and the ranking member for all of the work that they have done on this bill. And today I specifically rise in support of title IV of H.R. 1526, which I originally introduced as H.R. 1294, the Self-Sufficient Community Lands Act. I thank Chairman Hastings for recognizing the importance of this issue and including it in the bill.

In Idaho and much of the West, the economies of rural communities once relied upon the timber industry for job creation and tax revenues. Over the last several decades, extreme environmentalists have hindered the ability to develop timber from our public lands through litigation. In fact, timber harvests have declined more than 80 percent over the last 30 years. Counties that were once dependent on timber receipts to fund schools, roads, and daily operations find themselves desolate and broke.

In 2000, when the Federal Government operated with a budget surplus, and in order to compensate for the decline in timber receipts, as everybody knows, Congress passed the Secure Rural Schools and Communities Self-Determination Act. These payments were supposed to be phased out over time to allow counties to diversify their local economies. However, last year alone, 35 of Idaho's 44 counties received SRS payments totaling over $26 million. While Congress has continually reauthorized this funding,

we are still fighting the same issues about multiple use on public land while leaving our counties in limbo.

To solve this problem, I introduced H.R. 1294. This legislation empowers counties to generate much needed revenue by turning over management of Federal forests to local and State officials who are best equipped to make these important management decisions rather than bureaucrats in Washington.

It is time to permanently provide our counties with a solution which would create jobs, generate tax receipts for the counties, and improve forest health. In a time of record deficits, it is time that we stopped kicking the can down the road and started working toward a solution.

The Acting CHAIR (Mr. Collins of Georgia). The time of the gentleman has expired.

7:02 PM EDT

Raúl Rafael Labrador, R-ID 1st

Mr. LABRADOR. Mr. Chairman, our country continues to spend billions of dollars on this program instead of fixing the program.

Traditional rural timber communities have been operating in an environment of uncertainty for decades, and many public lands in Western States have been inaccessible due to Federal policies and litigation. It is time we find a long-term solution to help our counties. I urge my colleagues to support H.R. 1526.

7:03 PM EDT

Steve Pearce, R-NM 2nd

Mr. PEARCE. Mr. Chairman, I appreciate the opportunity to speak on this bipartisan bill that brings commonsense management back to our forests.

Since Tom Tidwell took over the Forest Service, he said that he would like to reintroduce fire into the wild. Well, he's done that. This year, almost 10 million acres, more than twice the size of New Jersey. In the years since 2009 when he took over, larger than Ohio, 27 million acres have burned in our national forests.

Instead, this bill creates jobs--jobs in places like Cibola County in New Mexico where Matt Allen used to have a thriving mill but now survives on cutting one-by-four timber, one-by-four boards out of the logs he is able to take out of the forest.

Our streams are choked with mud. Habitat is devastated. A 75-foot deep lake near Ruidoso, New Mexico, that provides drinking water to the city of Alamogordo has 50 feet of fill in that 70-foot lake. Our fish are dead. Our streams are dead, choked with mud because the head of the U.S. Forest Service says, Let it burn instead of cut it. Common sense says cut it. This bill ensures that.

7:04 PM EDT

Doc Hastings, R-WA 4th

Mr. HASTINGS of Washington. Mr. Chairman, I will advise my friend that I have no further requests for time, and I am prepared to close if the gentleman is prepared to close.

7:05 PM EDT

Peter A. DeFazio, D-OR 4th

Mr. DeFAZIO. Mr. Chairman, I yield myself such time as I may consume.

As I stated earlier, this is an imperfect vehicle. I have major concerns about three of the titles in this bill, but this is the beginning of a legislative process. It's almost become pretty rare here in Washington, D.C. We put something forward. We send it to the Senate. The Senate takes up that or a similar legislation. We go to a conference committee. We work things out. And we solve problems. It was that for most of the first 25 years I was here. That's a rare thing these days.

This holds promise to enter into the real legislative process, a real beginning. Now, if we fail to act, we just reinforce the status quo; and I've got to tell you, the status quo is totally unacceptable. There are some who would prefer that. They think they win with the current paralysis. Well, if you want permanent protection of our old growth, if you want additional wilderness on the Rogue River, if you want the Devil's Staircase wilderness, and if you want better forest health, the status

quo won't get you there. If that's what you really care about, it won't get you there.

Now, my counties can't wait. The status quo, I have two counties who are experimenting, essentially, with how does a county go bankrupt. It's something that's never happened before and isn't provided for in Oregon statute. And I have others who are not too far behind.

My rural communities are in desperate need of real jobs. They can't wait either. So we cannot fail to act. We move forward tonight or tomorrow with a vote, and then it will be time for the Senate to come up with its version. Then we can go to a conference committee. We can work out final legislation and take it to the President.

With that, I yield back the balance of my time.

7:07 PM EDT

Doc Hastings, R-WA 4th

Mr. HASTINGS of Washington. I yield myself the balance of my time.

First of all, Mr. Chairman, I want to thank Chairman Lucas of the Agriculture Committee for his cooperation in expediting this bill to the floor. We have immortalized our agreement in an exchange of letters.

And I want to thank the ranking member because I think in his closing remarks, he made exactly the right statement, and that is that we in the House will have our position. The Senate is obligated to do the same, and it may be entirely different, and that's fine. But we work out the differences. And I also want to thank the ranking member and his two colleagues from Oregon because I understand the uniqueness of what they are looking for and, frankly, their approach to their unique--this was very

similar to what I and others were thinking should be applied elsewhere. So that's what is embodied in this bill.

But I want to just make one point here because sometimes we lose sight of this fact. What is multiple use in timber, when we talk about timber? Multiple use means, from a commercial standpoint, of thinning and harvesting the timber. Where we get caught up in the differences, we look at timber entirely different from any other crop.

I represent a very diversified agricultural area in central Washington, and the crops are on a yearly basis. It's as diverse as apples to wheat. But when farmers plant these crops, then they use various chemicals at various times of year in order to manage whatever may happen so that they can harvest a good crop at the end of the year.

Well, timber is exactly the same, except depending on the type of timber, the harvest period is from 30 to 40 years. But if you have a problem with pine beetles, as we've had throughout the West, and this is a crop in a multiple-use area, you ought to manage that. You manage that by using the chemicals that are available. [Page: H5732]

So the only difference when we talk about managing timber from a 1-year management of yearly crops is the time span. But it should be managed in a responsible way in that regard, and that's what we provide for in this bill, to set targets and properly manage.

So I think this is a good bill. I certainly hope that my colleagues will support this when we have the vote tomorrow so that we can continue the process of negotiating with the Senate when they, hopefully, pass a bill.

Mr. Chairman, I yield back the balance of my time.

BOARD OF COUNTY COMMISSIONER,

WASHINGTON COUNTY OREGON,

Hillsboro, OR.

Senator RON WYDEN,

Senator JEFF MERKLEY,

U.S. Senate.

Congressman PETER DEFAZIO,

Congressman EARL BLUMENAUER,

Congressman GREG WALDEN,

Congressman KURT SCHRADER,

Congresswoman SUZANNE BONAMICI,

House of Representatives.

DEAR OREGON CONGRESSIONAL DELEGATION: As Chair of Washington County Board of County Commissioners I am writing to offer my support for H.R. 1526. This legislation provides a real solution to timber dependent counties in Oregon that have suffered from a history of lost opportunities.

H.R. 1526 creates an important template for restoring a promise made over a century ago to actively manage federal forests. I believe had federal agencies actively managed public lands over the last twenty years we would not be seeing the loss of resources and lives from a horrible summer of wildfires throughout the western U.S.

Washington County has been fortunate to see economic growth throughout the recession. That growth however, did not occur by luck, but was instead the result of decisions made by local governments, communities and business over the last fifty years. My colleagues in more rural Oregon counties don't have the same ability to make decisions because of the federal government dominance in landownership. H.R. 1526 provides an important role for local decision making.

It is important to maintain a proper balance of resource protection so water quality, critical habitat, and recreational opportunities are addressed in a future forest plan. I believe H.R. 1526 creates a pathway to achieve this balance.

H.R 1526 provides a common sense approach for returning to sustainable forest management where the planned harvest is stable, resources are protected and communities start the rebuilding process. For long term social and financial health of rural communities it is important to re-establish a healthy forest products industry and create a healthy forest environment.

Sincerely,

Andy Duyck,

Chair,

Washington County Board of Commissioners.

--

IN THE COUNTY COURT FOR THE STATE OF OREGON FOR THE COUNTY OF HARNEY

RESOLUTION 2013-24

In the Matter of a Resolution Supporting H.R. 1526, Restoring Healthy Forests for Healthy Communities Act

Now, the Harney County Court recognizes that Oregonians in our forested communities are facing extreme poverty, systemic unemployment, and thousands of children on free and reduced lunch; and,

Whereas, Harney County currently faces 12.9% unemployment; and

Whereas, 66% of school children in Harney County are eligible for Free or Reduced lunch programs; and

Whereas, these negative economic conditions can be attributed to the reduction in timber harvests in our National Forests (80% reduction over the past 30 years) and corresponding mill closures; and

Whereas, Harney County cannot afford for any more mills to close and desire to recover our lost mill capacity; and

Whereas H.R. 1526 is a bipartisan effort that aims to put people back to work in the woods, reduce litigation, provide certainty for counties so that they can provide essential services, lift families out of poverty, and prevent catastrophic wildfires that we have been experiencing.

Now therefore, the Harney County Court hereby

Resolves to support H.R. 1526, Restoring Healthy Forests For Healthy Communities Act, and urge all members of the U.S. House of Representatives to support the passage and implementation of this important legislation.

Dated this 18th day of September, 2013.

Harney County Court:

Steven E. Grasty,

Judge.

Dan Nichols,

Commissioner.

Pete Runnels,

Commissioner.

--

IN THE COUNTY COURT OF THE STATE OF OREGON IN AND FOR WHEELER COUNTY

RESOLUTION 2013-19

In the Matter of a Resolution Supporting H.R. 1526, Restoring Healthy Forests For Healthy Communities Act

Now, the Wheeler County Court recognizes that Oregonians in our forested communities are facing extreme poverty, systemic unemployment, and thousands of children on free and reduced lunch.

Whereas, Wheeler County faces 6.4% unemployment; and

Whereas, 67% of school children in Wheeler County are eligible for Free or Reduced lunch programs; and

Whereas, Wheeler County's poverty rate is 12.6%; and

Whereas, the funding for maintenance of county road infrastructure is imperative to public safety, access for school busses, and to support access to federal forest lands and national monument visitor sites; and

Whereas, these negative economic conditions can be attributed to the reduction in timber harvests in our National Forests (80% reduction over the past 30 years) and corresponding mill closures; and

Whereas, H.R. 1526 is a bipartisan effort that aims to put people back to work in the woods, reduce litigation, provide certainty for counties so that they can provide essential services, lift families out of poverty, and prevent catastrophic wildfires that we have been experiencing;

Now, therefore, the Wheeler County Court hereby

Resolves to support H.R. 1526, Restoring Healthy Forests For Healthy Communities Act, and urges all members of the U.S. House of Representatives to support the passage and implementation of this important legislation.

Dated this 18 day of September, 2013.

Patrick C. Perry,

Wheeler County Judge.

Robert L. Ordway,

County Commissioner.

Anne C. Mitchell,

County Commissioner.

--

BOARD OF COMMISSIONERS,

JACKSON COUNTY OREGON,

Medford, OR, September 16, 2013.

Hon. Peter DeFazio,

Hon. Greg Walden,

Hon. Earl Blumenauer,

Hon. Kurt Schrader,

Hon. Suzanne Bonamici.

Dear Members of Oregon's House of Representatives: I am writing to request your support for H.R. 1526, the Restoring Healthy Forests for Healthy Communities Act, and ask that you vote in favor of this bill when the opportunity arises. H.R. 1526 would renew the commitment to manage federal forests for the benefit of counties impacted by federal forestland, improve forest health and help prevent catastrophic wildfires.

Oregon continues to lose infrastructure and jobs due to federal policies that have strangled sustainable management of a renewable resource. We are harvesting less than five percent of the annual growth in federal forests, resulting in overstocked stands and conditions ripe for wildfire. H.R. 1526 would permit responsible, limited timber production on Forest Service lands, would allow significant state and local involvement, and would separately address management of the unique O&C Lands by incorporating

the bipartisan solution crafted by Representatives DeFazio, Schrader and Walden. The bill also would allow cooperative state and federal fire mitigation projects in areas that cross ownership boundaries.

The expiration of the Secure Rural Schools (SRS) program in 2012 has resulted in drastic budget shortfalls in our Counties. H.R. 1526 provides one year of bridge funding at the SRS 2010 level, allowing transition to more active forest management and a return to shared revenues from forest management. These revenues would provide schools with substantial funding and support public safety, road maintenance, and social service programs. Improved management and restoration of the nation's forests

will generate tremendous environmental and social benefits and create desperately needed jobs and revenue for rural economies.

Thank you for your support of Oregon counties and schools and for your consideration of this request.

Sincerely,

John Rachor,

County Commissioner.

--

HOUSE OF REPRESENTATIVES,

COMMITTEE ON AGRICULTURE,

Washington, DC, September 10, 2013.

Hon. DOC HASTINGS,

Chairman, Committee on Natural Resources, Washington, DC.

DEAR CHAIRMAN HASTINGS: Thank you for the opportunity to review the relevant provisions of the text of H.R. 1526, the Restoring Healthy Forests for Healthy Communities Act. As you are aware, the bill was primarily referred to the Committee on Natural Resources, while the Agriculture Committee received an additional referral.

I recognize and appreciate your desire to bring this legislation before the House in an expeditious manner and, accordingly, I agree to discharge H.R. 1526 from further consideration by the Committee on Agriculture. I do so with the understanding that by discharging the bill, the Committee on Agriculture does not waive any future jurisdictional claim on this or similar matters. Further, the Committee on Agriculture reserves the right to seek the appointment of conferees, if it should become necessary.

I ask that you insert a copy of our exchange of letters into the Congressional Record during consideration of this measure on the House floor. [Page: H5733]

Thank you for your courtesy in this matter and I look forward to continued cooperation between our respective committees.

Sincerely,

FRANK D. LUCAS,

Chairman.

--

HOUSE OF REPRESENTATIVES,

COMMITTEE ON NATURAL RESOURCES,

Washington, DC, September 11, 2013.

Hon. FRANK D. LUCAS,

Chairman, Committee on Agriculture, Washington, DC.

DEAR MR. CHAIRMAN: Thank you for your letter regarding H.R. 1526, the Restoring Healthy Forests for Healthy Communities Act. As you know, the Committee on Natural Resources ordered reported the bill, as amended, on July 31, 2013. I appreciate your support in bringing this legislation before the House of Representatives, and accordingly, understand that the Committee on Agriculture will forego action on the bill.

The Committee on Natural Resources concurs with the mutual understanding that by foregoing consideration of H.R. 1526 at this time, the Committee on Agriculture does not waive any jurisdiction over the subject matter contained in this or similar legislation. In addition, should a conference on the bill be necessary, I would support your request to have the Committee on Agriculture represented on the conference committee. Finally, I would be pleased to include your letter and this response in

the bill report filed by the Committee on Natural Resources, as well as in the Congressional Record during floor consideration, to memorialize our understanding.

Thank you for your cooperation.

Sincerely,

DOC HASTINGS,

Chairman.

The Acting CHAIR. All time for general debate has expired.

Pursuant to the rule, the bill shall be considered for amendment under the 5-minute rule.

In lieu of the amendment in the nature of a substitute recommended by the Committee on Natural Resources, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 113-21, modified by the amendment printed in part B of House Report 113-215, is adopted. The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the 5-minute rule and shall be considered as read.

The text of the bill, as amended, is as follows:

H.R. 1526

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.

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.

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.

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. [Page: H5734]

(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.-- [Page: H5735]

(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).

(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.

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.

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: [Page: H5736]

(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.

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. [Page: H5737]

(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, [Page: H5738]

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) BOAR