[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4 Engrossed in House (EH)]
113th CONGRESS
2d Session
H. R. 4
_______________________________________________________________________
AN ACT
To make revisions to Federal law to improve the conditions necessary
for economic growth and job creation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jobs for America Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. PAYGO scorecard.
DIVISION I--WAYS AND MEANS
TITLE I--SAVE AMERICAN WORKERS
Sec. 101. Short title.
Sec. 102. Repeal of 30-hour threshold for classification as full-time
employee for purposes of the employer
mandate in the Patient Protection and
Affordable Care Act and replacement with 40
hours.
TITLE II--HIRE MORE HEROES
Sec. 201. Short title.
Sec. 202. Employees with health coverage under TRICARE or the Veterans
Administration may be exempted from
employer mandate under Patient Protection
and Affordable Care Act.
TITLE III--AMERICAN RESEARCH AND COMPETITIVENESS
Sec. 301. Short title.
Sec. 302. Research credit simplified and made permanent.
Sec. 303. PAYGO Scorecard.
TITLE IV--AMERICA'S SMALL BUSINESS TAX RELIEF
Sec. 401. Short title.
Sec. 402. Expensing certain depreciable business assets for small
business.
Sec. 403. Budgetary effects.
TITLE V--S CORPORATION PERMANENT TAX RELIEF
Sec. 501. Short title.
Sec. 502. Reduced recognition period for built-in gains of S
corporations made permanent.
Sec. 503. Permanent rule regarding basis adjustment to stock of S
corporations making charitable
contributions of property.
Sec. 504. Budgetary effects.
TITLE VI--BONUS DEPRECIATION MODIFIED AND MADE PERMANENT
Sec. 601. Bonus depreciation modified and made permanent.
Sec. 602. Budgetary effects.
TITLE VII--REPEAL OF MEDICAL DEVICE EXCISE TAX
Sec. 701. Repeal of medical device excise tax.
Sec. 702. Budgetary effects.
DIVISION II--FINANCIAL SERVICES
TITLE I--SMALL BUSINESS CAPITAL ACCESS AND JOB PRESERVATION
Sec. 101. Short title.
Sec. 102. Registration and reporting exemptions relating to private
equity funds advisors.
TITLE II--SMALL BUSINESS MERGERS, ACQUISITIONS, SALES, AND BROKERAGE
SIMPLIFICATION
Sec. 201. Short title.
Sec. 202. Registration exemption for merger and acquisition brokers.
Sec. 203. Effective date.
DIVISION III--OVERSIGHT
Subdivision A--Unfunded Mandates Information and Transparency
Sec. 101. Short title.
Sec. 102. Purpose.
Sec. 103. Providing for Congressional Budget Office studies on policies
involving changes in conditions of grant
aid.
Sec. 104. Clarifying the definition of direct costs to reflect
Congressional Budget Office practice.
Sec. 105. Expanding the scope of reporting requirements to include
regulations imposed by independent
regulatory agencies.
Sec. 106. Amendments to replace Office of Management and Budget with
Office of Information and Regulatory
Affairs.
Sec. 107. Applying substantive point of order to private sector
mandates.
Sec. 108. Regulatory process and principles.
Sec. 109. Expanding the scope of statements to accompany significant
regulatory actions.
Sec. 110. Enhanced stakeholder consultation.
Sec. 111. New authorities and responsibilities for Office of
Information and Regulatory Affairs.
Sec. 112. Retrospective analysis of existing Federal regulations.
Sec. 113. Expansion of judicial review.
Subdivision B--Achieving Less Excess in Regulation and Requiring
Transparency
Sec. 100. Short title; table of contents.
TITLE I--ALL ECONOMIC REGULATIONS ARE TRANSPARENT ACT
Sec. 101. Short title.
Sec. 102. Office of Information and Regulatory Affairs publication of
information relating to rules.
TITLE II--REGULATORY ACCOUNTABILITY ACT
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Rule making.
Sec. 204. Agency guidance; procedures to issue major guidance;
presidential authority to issue guidelines
for issuance of guidance.
Sec. 205. Hearings; presiding employees; powers and duties; burden of
proof; evidence; record as basis of
decision.
Sec. 206. Actions reviewable.
Sec. 207. Scope of review.
Sec. 208. Added definition.
Sec. 209. Effective date.
TITLE III--REGULATORY FLEXIBILITY IMPROVEMENTS ACT
Sec. 301. Short title.
Sec. 302. Clarification and expansion of rules covered by the
Regulatory Flexibility Act.
Sec. 303. Expansion of report of regulatory agenda.
Sec. 304. Requirements providing for more detailed analyses.
Sec. 305. Repeal of waiver and delay authority; additional powers of
the Chief Counsel for Advocacy.
Sec. 306. Procedures for gathering comments.
Sec. 307. Periodic review of rules.
Sec. 308. Judicial review of compliance with the requirements of the
Regulatory Flexibility Act available after
publication of the final rule.
Sec. 309. Jurisdiction of court of appeals over rules implementing the
Regulatory Flexibility Act.
Sec. 310. Establishment and approval of small business concern size
standards by Chief Counsel for Advocacy.
Sec. 311. Clerical amendments.
Sec. 312. Agency preparation of guides.
Sec. 313. Comptroller General report.
TITLE IV--SUNSHINE FOR REGULATORY DECREES AND SETTLEMENTS ACT
Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Consent decree and settlement reform.
Sec. 404. Motions to modify consent decrees.
Sec. 405. Effective date.
DIVISION IV--JUDICIARY
TITLE I--REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY
Sec. 101. Short title.
Sec. 102. Purpose.
Sec. 103. Congressional review of agency rulemaking.
Sec. 104. Budgetary effects of rules subject to section 802 of title 5,
United States Code.
Sec. 105. Government Accountability Office study of rules.
TITLE II--PERMANENT INTERNET TAX FREEDOM
Sec. 201. Short title.
Sec. 202. Permanent moratorium on Internet access taxes and multiple
and discriminatory taxes on electronic
commerce.
DIVISION V--NATURAL RESOURCES
Subdivision A--Restoring Healthy Forests for Healthy Communities
Sec. 100. Short title.
TITLE I--RESTORING THE COMMITMENT TO RURAL COUNTIES AND SCHOOLS
Sec. 101. Purposes.
Sec. 102. Definitions.
Sec. 103. Establishment of Forest Reserve Revenue Areas and annual
volume requirements.
Sec. 104. Management of Forest Reserve Revenue Areas.
Sec. 105. Distribution of forest reserve revenues.
Sec. 106. Annual report.
TITLE II--HEALTHY FOREST MANAGEMENT AND CATASTROPHIC WILDFIRE
PREVENTION
Sec. 201. Purposes.
Sec. 202. Definitions.
Sec. 203. Hazardous fuel reduction projects and forest health projects
in at-risk forests.
Sec. 204. Environmental analysis.
Sec. 205. State designation of high-risk areas of National Forest
System and public lands.
Sec. 206. Use of hazardous fuels reduction or forest health projects
for high-risk areas.
Sec. 207. Moratorium on use of prescribed fire in Mark Twain National
Forest, Missouri, pending report.
TITLE III--OREGON AND CALIFORNIA RAILROAD GRANT LANDS TRUST,
CONSERVATION, AND JOBS
Sec. 301. Short title.
Sec. 302. Definitions.
Subtitle A--Trust, Conservation, and Jobs
Chapter 1--Creation and Terms of O&C Trust
Sec. 311. Creation of O&C Trust and designation of O&C Trust lands.
Sec. 312. Legal effect of O&C Trust and judicial review.
Sec. 313. Board of Trustees.
Sec. 314. Management of O&C Trust lands.
Sec. 315. Distribution of revenues from O&C Trust lands.
Sec. 316. Land exchange authority.
Sec. 317. Payments to the United States Treasury.
Chapter 2--Transfer of Certain Lands to Forest Service
Sec. 321. Transfer of certain Oregon and California Railroad Grant
lands to Forest Service.
Sec. 322. Management of transferred lands by Forest Service.
Sec. 323. Management efficiencies and expedited land exchanges.
Sec. 324. Review panel and old growth protection.
Sec. 325. Uniqueness of old growth protection on Oregon and California
Railroad Grant lands.
Chapter 3--Transition
Sec. 331. Transition period and operations.
Sec. 332. O&C Trust management capitalization.
Sec. 333. Existing Bureau of Land Management and Forest Service
contracts.
Sec. 334. Protection of valid existing rights and access to non-Federal
land.
Sec. 335. Repeal of superseded law relating to Oregon and California
Railroad Grant lands.
Subtitle B--Coos Bay Wagon Roads
Sec. 341. Transfer of management authority over certain Coos Bay Wagon
Road Grant lands to Coos County, Oregon.
Sec. 342. Transfer of certain Coos Bay Wagon Road Grant lands to Forest
Service.
Sec. 343. Land exchange authority.
Subtitle C--Oregon Treasures
Chapter 1--Wilderness Areas
Sec. 351. Designation of Devil's Staircase Wilderness.
Sec. 352. Expansion of Wild Rogue Wilderness Area.
Chapter 2--Wild and Scenic River Designated and Related Protections
Sec. 361. Wild and scenic river designations, Molalla River.
Sec. 362. Wild and Scenic Rivers Act technical corrections related to
Chetco River.
Sec. 363. Wild and scenic river designations, Wasson Creek and Franklin
Creek.
Sec. 364. Wild and scenic river designations, Rogue River area.
Sec. 365. Additional protections for Rogue River tributaries.
Chapter 3--Additional Protections
Sec. 371. Limitations on land acquisition.
Sec. 372. Overflights.
Sec. 373. Buffer zones.
Sec. 374. Prevention of wildfires.
Sec. 375. Limitation on designation of certain lands in Oregon.
Chapter 4--Effective Date
Sec. 381. Effective date.
Subtitle D--Tribal Trust Lands
Part 1--Council Creek Land Conveyance
Sec. 391. Definitions.
Sec. 392. Conveyance.
Sec. 393. Map and legal description.
Sec. 394. Administration.
Part 2--Oregon Coastal Land Conveyance
Sec. 395. Definitions.
Sec. 396. Conveyance.
Sec. 397. Map and legal description.
Sec. 398. Administration.
TITLE IV--COMMUNITY FOREST MANAGEMENT DEMONSTRATION
Sec. 401. Purpose and definitions.
Sec. 402. Establishment of community forest demonstration areas.
Sec. 403. Advisory committee.
Sec. 404. Management of community forest demonstration areas.
Sec. 405. Distribution of funds from community forest demonstration
area.
Sec. 406. Initial funding authority.
Sec. 407. Payments to United States Treasury.
Sec. 408. Termination of community forest demonstration area.
TITLE V--REAUTHORIZATION AND AMENDMENT OF EXISTING AUTHORITIES AND
OTHER MATTERS
Sec. 501. Extension of Secure Rural Schools and Community Self-
Determination Act of 2000 pending full
operation of Forest Reserve Revenue Areas.
Sec. 502. Restoring original calculation method for 25-percent
payments.
Sec. 503. Forest Service and Bureau of Land Management good-neighbor
cooperation with States to reduce wildfire
risks.
Sec. 504. Treatment as supplemental funding.
Sec. 505. Definition of fire suppression to include certain related
activities.
Sec. 506. Prohibition on certain actions regarding Forest Service roads
and trails.
Subdivision B--National Strategic and Critical Minerals Production
Sec. 100. Short title.
Sec. 100A. Findings.
Sec. 100B. Definitions.
TITLE I--DEVELOPMENT OF DOMESTIC SOURCES OF STRATEGIC AND CRITICAL
MINERALS
Sec. 101. Improving development of strategic and critical minerals.
Sec. 102. Responsibilities of the lead agency.
Sec. 103. Conservation of the resource.
Sec. 104. Federal register process for mineral exploration and mining
projects.
TITLE II--JUDICIAL REVIEW OF AGENCY ACTIONS RELATING TO EXPLORATION AND
MINE PERMITS
Sec. 201. Definitions for title.
Sec. 202. Timely filings.
Sec. 203. Right to intervene.
Sec. 204. Expedition in hearing and determining the action.
Sec. 205. Limitation on prospective relief.
Sec. 206. Limitation on attorneys' fees.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Secretarial order not affected.
SEC. 3. PAYGO SCORECARD.
The budgetary effects of this Act shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
Pay-As-You-Go Act of 2010.
DIVISION I--WAYS AND MEANS
TITLE I--SAVE AMERICAN WORKERS
SEC. 101. SHORT TITLE.
This title may be cited as the ``Save American Workers Act of
2014''.
SEC. 102. REPEAL OF 30-HOUR THRESHOLD FOR CLASSIFICATION AS FULL-TIME
EMPLOYEE FOR PURPOSES OF THE EMPLOYER MANDATE IN THE
PATIENT PROTECTION AND AFFORDABLE CARE ACT AND
REPLACEMENT WITH 40 HOURS.
(a) Full-Time Equivalents.--Paragraph (2) of section 4980H(c) of
the Internal Revenue Code of 1986 is amended--
(1) by repealing subparagraph (E), and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) Full-time equivalents treated as full-time
employees.--Solely for purposes of determining whether
an employer is an applicable large employer under this
paragraph, an employer shall, in addition to the number
of full-time employees for any month otherwise
determined, include for such month a number of full-
time employees determined by dividing the aggregate
number of hours of service of employees who are not
full-time employees for the month by 174.''.
(b) Full-Time Employees.--Paragraph (4) of section 4980H(c) of the
Internal Revenue Code of 1986 is amended--
(1) by repealing subparagraph (A), and
(2) by inserting before subparagraph (B) the following new
subparagraph:
``(A) In general.--The term `full-time employee'
means, with respect to any month, an employee who is
employed on average at least 40 hours of service per
week.''.
(c) Effective Date.--The amendments made by this section shall
apply to months beginning after December 31, 2013.
TITLE II--HIRE MORE HEROES
SEC. 201. SHORT TITLE.
This title may be cited as the ``Hire More Heroes Act of 2014''.
SEC. 202. EMPLOYEES WITH HEALTH COVERAGE UNDER TRICARE OR THE VETERANS
ADMINISTRATION MAY BE EXEMPTED FROM EMPLOYER MANDATE
UNDER PATIENT PROTECTION AND AFFORDABLE CARE ACT.
(a) In General.--Section 4980H(c)(2) of the Internal Revenue Code
of 1986 is amended by adding at the end the following:
``(F) Exemption for health coverage under tricare
or the veterans administration.--Solely for purposes of
determining whether an employer is an applicable large
employer under this paragraph for any month, an
employer may elect not to take into account for a month
as an employee any individual who, for such month, has
medical coverage under--
``(i) chapter 55 of title 10, United States
Code, including coverage under the TRICARE
program, or
``(ii) under a health care program under
chapter 17 or 18 of title 38, United States
Code, as determined by the Secretary of
Veterans Affairs, in coordination with the
Secretary of Health and Human Services and the
Secretary.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to months beginning after December 31, 2013.
TITLE III--AMERICAN RESEARCH AND COMPETITIVENESS
SEC. 301. SHORT TITLE.
This title may be cited as the ``American Research and
Competitiveness Act of 2014''.
SEC. 302. RESEARCH CREDIT SIMPLIFIED AND MADE PERMANENT.
(a) In General.--Subsection (a) of section 41 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(a) In General.--For purposes of section 38, the research credit
determined under this section for the taxable year shall be an amount
equal to the sum of--
``(1) 20 percent of so much of the qualified research
expenses for the taxable year as exceeds 50 percent of the
average qualified research expenses for the 3 taxable years
preceding the taxable year for which the credit is being
determined,
``(2) 20 percent of so much of the basic research payments
for the taxable year as exceeds 50 percent of the average basic
research payments for the 3 taxable years preceding the taxable
year for which the credit is being determined, plus
``(3) 20 percent of the amounts paid or incurred by the
taxpayer in carrying on any trade or business of the taxpayer
during the taxable year (including as contributions) to an
energy research consortium for energy research.''.
(b) Repeal of Termination.--Section 41 of such Code is amended by
striking subsection (h).
(c) Conforming Amendments.--
(1) Subsection (c) of section 41 of such Code is amended to
read as follows:
``(c) Determination of Average Research Expenses for Prior Years.--
``(1) Special rule in case of no qualified research
expenditures in any of 3 preceding taxable years.--In any case
in which the taxpayer has no qualified research expenses in any
one of the 3 taxable years preceding the taxable year for which
the credit is being determined, the amount determined under
subsection (a)(1) for such taxable year shall be equal to 10
percent of the qualified research expenses for the taxable
year.
``(2) Consistent treatment of expenses.--
``(A) In general.--Notwithstanding whether the
period for filing a claim for credit or refund has
expired for any taxable year taken into account in
determining the average qualified research expenses, or
average basic research payments, taken into account
under subsection (a), the qualified research expenses
and basic research payments taken into account in
determining such averages shall be determined on a
basis consistent with the determination of qualified
research expenses and basic research payments,
respectively, for the credit year.
``(B) Prevention of distortions.--The Secretary may
prescribe regulations to prevent distortions in
calculating a taxpayer's qualified research expenses or
basic research payments caused by a change in
accounting methods used by such taxpayer between the
current year and a year taken into account in
determining the average qualified research expenses or
average basic research payments taken into account
under subsection (a).''.
(2) Section 41(e) of such Code is amended--
(A) by striking all that precedes paragraph (6) and
inserting the following:
``(e) Basic Research Payments.--For purposes of this section--
``(1) In general.--The term `basic research payment' means,
with respect to any taxable year, any amount paid in cash
during such taxable year by a corporation to any qualified
organization for basic research but only if--
``(A) such payment is pursuant to a written
agreement between such corporation and such qualified
organization, and
``(B) such basic research is to be performed by
such qualified organization.
``(2) Exception to requirement that research be performed
by the organization.--In the case of a qualified organization
described in subparagraph (C) or (D) of paragraph (3),
subparagraph (B) of paragraph (1) shall not apply.'',
(B) by redesignating paragraphs (6) and (7) as
paragraphs (3) and (4), respectively, and
(C) in paragraph (4) as so redesignated, by
striking subparagraphs (B) and (C) and by redesignating
subparagraphs (D) and (E) as subparagraphs (B) and (C),
respectively.
(3) Section 41(f)(3) of such Code is amended--
(A)(i) by striking ``, and the gross receipts'' in
subparagraph (A)(i) and all that follows through
``determined under clause (iii)'',
(ii) by striking clause (iii) of subparagraph (A)
and redesignating clauses (iv), (v), and (vi), thereof,
as clauses (iii), (iv), and (v), respectively,
(iii) by striking ``and (iv)'' each place it
appears in subparagraph (A)(iv) (as so redesignated)
and inserting ``and (iii)'',
(iv) by striking subclause (IV) of subparagraph
(A)(iv) (as so redesignated), by striking ``, and'' at
the end of subparagraph (A)(iv)(III) (as so
redesignated) and inserting a period, and by adding
``and'' at the end of subparagraph (A)(iv)(II) (as so
redesignated),
(v) by striking ``(A)(vi)'' in subparagraph (B) and
inserting ``(A)(v)'', and
(vi) by striking ``(A)(iv)(II)'' in subparagraph
(B)(i)(II) and inserting ``(A)(iii)(II)'',
(B) by striking ``, and the gross receipts of the
predecessor,'' in subparagraph (A)(iv)(II) (as so
redesignated),
(C) by striking ``, and the gross receipts of,'' in
subparagraph (B),
(D) by striking ``, or gross receipts of,'' in
subparagraph (B)(i)(I), and
(E) by striking subparagraph (C).
(4) Section 45C(b)(1) of such Code is amended by striking
subparagraph (D).
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2013.
(2) Subsection (b).--The amendment made by subsection (b)
shall apply to amounts paid or incurred after December 31,
2013.
SEC. 303. PAYGO SCORECARD.
(a) Paygo Scorecard.--The budgetary effects of this title shall not
be entered on either PAYGO scorecard maintained pursuant to section
4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b) Senate Paygo Scorecard.--The budgetary effects of this title
shall not be entered on any PAYGO scorecard maintained for purposes of
section 201 of S. Con. Res. 21 (110th Congress).
TITLE IV--AMERICA'S SMALL BUSINESS TAX RELIEF
SEC. 401. SHORT TITLE.
This title may be cited as the ``America's Small Business Tax
Relief Act of 2014''.
SEC. 402. EXPENSING CERTAIN DEPRECIABLE BUSINESS ASSETS FOR SMALL
BUSINESS.
(a) In General.--
(1) Dollar limitation.--Paragraph (1) of section 179(b) of
the Internal Revenue Code of 1986 is amended by striking
``shall not exceed--'' and all that follows and inserting
``shall not exceed $500,000.''.
(2) Reduction in limitation.--Paragraph (2) of section
179(b) of such Code is amended by striking ``exceeds--'' and
all that follows and inserting ``exceeds $2,000,000.''.
(b) Computer Software.--Clause (ii) of section 179(d)(1)(A) of such
Code is amended by striking ``, to which section 167 applies, and which
is placed in service in a taxable year beginning after 2002 and before
2014'' and inserting ``and to which section 167 applies''.
(c) Election.--Paragraph (2) of section 179(c) of such Code is
amended--
(1) by striking ``may not be revoked'' and all that follows
through ``and before 2014'', and
(2) by striking ``irrevocable'' in the heading thereof.
(d) Air Conditioning and Heating Units.--Paragraph (1) of section
179(d) of such Code is amended by striking ``and shall not include air
conditioning or heating units''.
(e) Qualified Real Property.--Subsection (f) of section 179 of such
Code is amended--
(1) by striking ``beginning in 2010, 2011, 2012, or 2013''
in paragraph (1), and
(2) by striking paragraphs (3) and (4).
(f) Inflation Adjustment.--Subsection (b) of section 179 of such
Code is amended by adding at the end the following new paragraph:
``(6) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning after 2014, the dollar amounts in paragraphs
(1) and (2) shall each be increased by an amount equal
to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which such taxable year
begins, determined by substituting `calendar
year 2013' for `calendar year 1992' in
subparagraph (B) thereof.
``(B) Rounding.--The amount of any increase under
subparagraph (A) shall be rounded to the nearest
multiple of $10,000.''.
(g) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2013.
SEC. 403. BUDGETARY EFFECTS.
(a) Statutory Pay-As-You-Go Scorecards.--The budgetary effects of
this title shall not be entered on either PAYGO scorecard maintained
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this title
shall not be entered on any PAYGO scorecard maintained for purposes of
section 201 of S. Con. Res. 21 (110th Congress).
TITLE V--S CORPORATION PERMANENT TAX RELIEF
SEC. 501. SHORT TITLE.
This title may be cited as the ``S Corporation Permanent Tax Relief
Act of 2014''.
SEC. 502. REDUCED RECOGNITION PERIOD FOR BUILT-IN GAINS OF S
CORPORATIONS MADE PERMANENT.
(a) In General.--Paragraph (7) of section 1374(d) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(7) Recognition period.--
``(A) In general.--The term `recognition period'
means the 5-year period beginning with the 1st day of
the 1st taxable year for which the corporation was an S
corporation. For purposes of applying this section to
any amount includible in income by reason of
distributions to shareholders pursuant to section
593(e), the preceding sentence shall be applied without
regard to the phrase `5-year'.
``(B) Installment sales.--If an S corporation sells
an asset and reports the income from the sale using the
installment method under section 453, the treatment of
all payments received shall be governed by the
provisions of this paragraph applicable to the taxable
year in which such sale was made.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2013.
SEC. 503. PERMANENT RULE REGARDING BASIS ADJUSTMENT TO STOCK OF S
CORPORATIONS MAKING CHARITABLE CONTRIBUTIONS OF PROPERTY.
(a) In General.--Section 1367(a)(2) of the Internal Revenue Code of
1986 is amended by striking the last sentence.
(b) Effective Date.--The amendment made by this section shall apply
to contributions made in taxable years beginning after December 31,
2013.
SEC. 504. BUDGETARY EFFECTS.
(a) Statutory Pay-As-You-Go Scorecards.--The budgetary effects of
this title shall not be entered on either PAYGO scorecard maintained
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this title
shall not be entered on any PAYGO scorecard maintained for purposes of
section 201 of S. Con. Res. 21 (110th Congress).
TITLE VI--BONUS DEPRECIATION MODIFIED AND MADE PERMANENT
SEC. 601. BONUS DEPRECIATION MODIFIED AND MADE PERMANENT.
(a) Made Permanent; Inclusion of Qualified Retail Improvement
Property.--Section 168(k)(2) of the Internal Revenue Code of 1986 is
amended to read as follows:
``(2) Qualified property.--For purposes of this
subsection--
``(A) In general.--The term `qualified property'
means property--
``(i)(I) to which this section applies
which has a recovery period of 20 years or
less,
``(II) which is computer software (as
defined in section 167(f)(1)(B)) for which a
deduction is allowable under section 167(a)
without regard to this subsection,
``(III) which is water utility property,
``(IV) which is qualified leasehold
improvement property, or
``(V) which is qualified retail improvement
property, and
``(ii) the original use of which commences
with the taxpayer.
``(B) Exception for alternative depreciation
property.--The term `qualified property' shall not
include any property to which the alternative
depreciation system under subsection (g) applies,
determined--
``(i) without regard to paragraph (7) of
subsection (g) (relating to election to have
system apply), and
``(ii) after application of section 280F(b)
(relating to listed property with limited
business use).
``(C) Special rules.--
``(i) Sale-leasebacks.--For purposes of
clause (ii) and subparagraph (A)(ii), if
property is--
``(I) originally placed in service
by a person, and
``(II) sold and leased back by such
person within 3 months after the date
such property was originally placed in
service,
such property shall be treated as originally
placed in service not earlier than the date on
which such property is used under the leaseback
referred to in subclause (II).
``(ii) Syndication.--For purposes of
subparagraph (A)(ii), if--
``(I) property is originally placed
in service by the lessor of such
property,
``(II) such property is sold by
such lessor or any subsequent purchaser
within 3 months after the date such
property was originally placed in
service (or, in the case of multiple
units of property subject to the same
lease, within 3 months after the date
the final unit is placed in service, so
long as the period between the time the
first unit is placed in service and the
time the last unit is placed in service
does not exceed 12 months), and
``(III) the user of such property
after the last sale during such 3-month
period remains the same as when such
property was originally placed in
service,
such property shall be treated as originally
placed in service not earlier than the date of
such last sale.
``(D) Coordination with section 280f.--For purposes
of section 280F--
``(i) Automobiles.--In the case of a
passenger automobile (as defined in section
280F(d)(5)) which is qualified property, the
Secretary shall increase the limitation under
section 280F(a)(1)(A)(i) by $8,000.
``(ii) Listed property.--The deduction
allowable under paragraph (1) shall be taken
into account in computing any recapture amount
under section 280F(b)(2).
``(iii) Inflation adjustment.--In the case
of any taxable year beginning in a calendar
year after 2014, the $8,000 amount in clause
(i) shall be increased by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the automobile price
inflation adjustment determined under
section 280F(d)(7)(B)(i) for the
calendar year in which such taxable
year begins by substituting `2013' for
`1987' in subclause (II) thereof.
If any increase under the preceding sentence is
not a multiple of $100, such increase shall be
rounded to the nearest multiple of $100.
``(E) Deduction allowed in computing minimum tax.--
For purposes of determining alternative minimum taxable
income under section 55, the deduction under section
167 for qualified property shall be determined without
regard to any adjustment under section 56.''.
(b) Expansion of Election to Accelerate Amt Credits in Lieu of
Bonus Depreciation.--Section 168(k)(4) of such Code is amended to read
as follows:
``(4) Election to accelerate amt credits in lieu of bonus
depreciation.--
``(A) In general.--If a corporation elects to have
this paragraph apply for any taxable year--
``(i) paragraphs (1)(A), (2)(D)(i), and
(5)(A)(i) shall not apply for such taxable
year,
``(ii) the applicable depreciation method
used under this section with respect to any
qualified property shall be the straight line
method, and
``(iii) the limitation imposed by section
53(c) for such taxable year shall be increased
by the bonus depreciation amount which is
determined for such taxable year under
subparagraph (B).
``(B) Bonus depreciation amount.--For purposes of
this paragraph--
``(i) In general.--The bonus depreciation
amount for any taxable year is an amount equal
to 20 percent of the excess (if any) of--
``(I) the aggregate amount of
depreciation which would be allowed
under this section for qualified
property placed in service by the
taxpayer during such taxable year if
paragraph (1) applied to all such
property, over
``(II) the aggregate amount of
depreciation which would be allowed
under this section for qualified
property placed in service by the
taxpayer during such taxable year if
paragraph (1) did not apply to any such
property.
The aggregate amounts determined under
subclauses (I) and (II) shall be determined
without regard to any election made under
subsection (b)(2)(D), (b)(3)(D), or (g)(7) and
without regard to subparagraph (A)(ii).
``(ii) Limitation.--The bonus depreciation
amount for any taxable year shall not exceed
the lesser of--
``(I) 50 percent of the minimum tax
credit under section 53(b) for the
first taxable year ending after
December 31, 2013, or
``(II) the minimum tax credit under
section 53(b) for such taxable year
determined by taking into account only
the adjusted net minimum tax for
taxable years ending before January 1,
2014 (determined by treating credits as
allowed on a first-in, first-out
basis).
``(iii) Aggregation rule.--All corporations
which are treated as a single employer under
section 52(a) shall be treated--
``(I) as 1 taxpayer for purposes of
this paragraph, and
``(II) as having elected the
application of this paragraph if any
such corporation so elects.
``(C) Credit refundable.--For purposes of section
6401(b), the aggregate increase in the credits
allowable under part IV of subchapter A for any taxable
year resulting from the application of this paragraph
shall be treated as allowed under subpart C of such
part (and not any other subpart).
``(D) Other rules.--
``(i) Election.--Any election under this
paragraph may be revoked only with the consent
of the Secretary.
``(ii) Partnerships with electing
partners.--In the case of a corporation which
is a partner in a partnership and which makes
an election under subparagraph (A) for the
taxable year, for purposes of determining such
corporation's distributive share of partnership
items under section 702 for such taxable year--
``(I) paragraphs (1)(A), (2)(D)(i),
and (5)(A)(i) shall not apply, and
``(II) the applicable depreciation
method used under this section with
respect to any qualified property shall
be the straight line method.
``(iii) Certain partnerships.--In the case
of a partnership in which more than 50 percent
of the capital and profits interests are owned
(directly or indirectly) at all times during
the taxable year by 1 corporation (or by
corporations treated as 1 taxpayer under
subparagraph (B)(iii)), each partner shall
compute its bonus depreciation amount under
clause (i) of subparagraph (B) by taking into
account its distributive share of the amounts
determined by the partnership under subclauses
(I) and (II) of such clause for the taxable
year of the partnership ending with or within
the taxable year of the partner.''.
(c) Special Rules for Trees and Vines Bearing Fruits and Nuts.--
Section 168(k) of such Code is amended--
(1) by striking paragraph (5), and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) Special rules for trees and vines bearing fruits and
nuts.--
``(A) In general.--In the case of any tree or vine
bearing fruits or nuts which is planted, or is grafted
to a plant that has already been planted, by the
taxpayer in the ordinary course of the taxpayer's
farming business (as defined in section 263A(e)(4))--
``(i) a depreciation deduction equal to 50
percent of the adjusted basis of such tree or
vine shall be allowed under section 167(a) for
the taxable year in which such tree or vine is
so planted or grafted, and
``(ii) the adjusted basis of such tree or
vine shall be reduced by the amount of such
deduction.
``(B) Election out.--If a taxpayer makes an
election under this subparagraph for any taxable year,
this paragraph shall not apply to any tree or vine
planted or grafted during such taxable year. An
election under this subparagraph may be revoked only
with the consent of the Secretary.
``(C) Additional depreciation may be claimed only
once.--If this paragraph applies to any tree or vine,
such tree or vine shall not be treated as qualified
property in the taxable year in which placed in
service.
``(D) Coordination with election to accelerate amt
credits.--If a corporation makes an election under
paragraph (4) for any taxable year, the amount under
paragraph (4)(B)(i)(I) for such taxable year shall be
increased by the amount determined under subparagraph
(A)(i) for such taxable year.
``(E) Deduction allowed in computing minimum tax.--
Rules similar to the rules of paragraph (2)(E) shall
apply for purposes of this paragraph.''.
(d) Conforming Amendments.--
(1) Section 168(e)(8) of such Code is amended by striking
subparagraph (D).
(2) Section 168(k) of such Code is amended by adding at the
end the following new paragraph:
``(6) Election out.--If a taxpayer makes an election under
this paragraph with respect to any class of property for any
taxable year, this subsection shall not apply to all property
in such class placed in service (or, in the case of paragraph
(5), planted or grafted) during such taxable year. An election
under this paragraph may be revoked only with the consent of
the Secretary.''.
(3) Section 168(l)(5) of such Code is amended by striking
``section 168(k)(2)(G)'' and inserting ``section
168(k)(2)(E)''.
(4) Section 263A(c) of such Code is amended by adding at
the end the following new paragraph:
``(7) Coordination with section 168(k)(5).--This section
shall not apply to any amount allowable as a deduction by
reason of section 168(k)(5) (relating to special rules for
trees and vines bearing fruits and nuts).''.
(5) Section 460(c)(6)(B) of such Code is amended by
striking ``which--'' and all that follows and inserting ``which
has a recovery period of 7 years or less.''.
(6) Section 168(k) of such Code is amended by striking
``Acquired After December 31, 2007, and Before January 1,
2014'' in the heading thereof.
(e) Effective Dates.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
property placed in service after December 31, 2013.
(2) Expansion of election to accelerate amt credits in lieu
of bonus depreciation.--
(A) In general.--The amendment made by subsection
(b) (other than so much of such amendment as relates to
section 168(k)(4)(D)(iii) of such Code, as added by
such amendment) shall apply to taxable years ending
after December 31, 2013.
(B) Transitional rule.--In the case of a taxable
year beginning before January 1, 2014, and ending after
December 31, 2013, the bonus depreciation amount
determined under section 168(k)(4) of such Code for
such year shall be the sum of--
(i) such amount determined without regard
to the amendments made by this section and--
(I) by taking into account only
property placed in service before
January 1, 2014, and
(II) by multiplying the limitation
under section 168(k)(4)(C)(ii) of such
Code (determined without regard to the
amendments made by this section) by a
fraction the numerator of which is the
number of days in the taxable year
before January 1, 2014, and the
denominator of which is the number of
days in the taxable year, and
(ii) such amount determined after taking
into account the amendments made by this
section and--
(I) by taking into account only
property placed in service after
December 31, 2013, and
(II) by multiplying the limitation
under section 168(k)(4)(B)(ii) of such
Code (as amended by this section) by a
fraction the numerator of which is the
number of days in the taxable year
after December 31, 2013, and the
denominator of which is the number of
days in the taxable year.
(3) Special rules for certain trees and vines.--The
amendment made by subsection (c)(2) shall apply to trees and
vines planted or grafted after December 31, 2013.
SEC. 602. BUDGETARY EFFECTS.
(a) Statutory Pay-As-You-Go Scorecards.--The budgetary effects of
this title shall not be entered on either PAYGO scorecard maintained
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this title
shall not be entered on any PAYGO scorecard maintained for purposes of
section 201 of S. Con. Res. 21 (110th Congress).
TITLE VII--REPEAL OF MEDICAL DEVICE EXCISE TAX
SEC. 701. REPEAL OF MEDICAL DEVICE EXCISE TAX.
(a) In General.--Chapter 32 of the Internal Revenue Code of 1986 is
amended by striking subchapter E.
(b) Conforming Amendments.--
(1) Subsection (a) of section 4221 of such Code is amended
by striking the last sentence.
(2) Paragraph (2) of section 6416(b) of such Code is
amended by striking the last sentence.
(3) The table of subchapters for chapter 32 of such Code is
amended by striking the item relating to subchapter E.
(c) Effective Date.--The amendments made by this section shall
apply to sales after December 31, 2012.
SEC. 702. BUDGETARY EFFECTS.
(a) Statutory Pay-As-You-Go Scorecards.--The budgetary effects of
this title shall not be entered on either PAYGO scorecard maintained
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this title
shall not be entered on any PAYGO scorecard maintained for purposes of
section 201 of S. Con. Res. 21 (110th Congress).
DIVISION II--FINANCIAL SERVICES
TITLE I--SMALL BUSINESS CAPITAL ACCESS AND JOB PRESERVATION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Small Business Capital Access and
Job Preservation Act''.
SEC. 102. REGISTRATION AND REPORTING EXEMPTIONS RELATING TO PRIVATE
EQUITY FUNDS ADVISORS.
Section 203 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
3) is amended by adding at the end the following:
``(o) Exemption of and Reporting Requirements by Private Equity
Funds Advisors.--
``(1) In general.--Except as provided in this subsection,
no investment adviser shall be subject to the registration or
reporting requirements of this title with respect to the
provision of investment advice relating to a private equity
fund or funds, provided that each such fund has not borrowed
and does not have outstanding a principal amount in excess of
twice its invested capital commitments.
``(2) Maintenance of records and access by commission.--Not
later than 6 months after the date of enactment of this
subsection, the Commission shall issue final rules--
``(A) to require investment advisers described in
paragraph (1) to maintain such records and provide to
the Commission such annual or other reports as the
Commission may require taking into account fund size,
governance, investment strategy, risk, and other
factors, as the Commission determines necessary and
appropriate in the public interest and for the
protection of investors; and
``(B) to define the term `private equity fund' for
purposes of this subsection.''.
TITLE II--SMALL BUSINESS MERGERS, ACQUISITIONS, SALES, AND BROKERAGE
SIMPLIFICATION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Small Business Mergers,
Acquisitions, Sales, and Brokerage Simplification Act of 2014''.
SEC. 202. REGISTRATION EXEMPTION FOR MERGER AND ACQUISITION BROKERS.
Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C.
78o(b)) is amended by adding at the end the following:
``(13) Registration exemption for merger and acquisition
brokers.--
``(A) In general.--Except as provided in
subparagraph (B), an M&A broker shall be exempt from
registration under this section.
``(B) Excluded activities.--An M&A broker is not
exempt from registration under this paragraph if such
broker does any of the following:
``(i) Directly or indirectly, in connection
with the transfer of ownership of an eligible
privately held company, receives, holds,
transmits, or has custody of the funds or
securities to be exchanged by the parties to
the transaction.
``(ii) Engages on behalf of an issuer in a
public offering of any class of securities that
is registered, or is required to be registered,
with the Commission under section 12 or with
respect to which the issuer files, or is
required to file, periodic information,
documents, and reports under subsection (d).
``(C) Rule of construction.--Nothing in this
paragraph shall be construed to limit any other
authority of the Commission to exempt any person, or
any class of persons, from any provision of this title,
or from any provision of any rule or regulation
thereunder.
``(D) Definitions.--In this paragraph:
``(i) Control.--The term `control' means
the power, directly or indirectly, to direct
the management or policies of a company,
whether through ownership of securities, by
contract, or otherwise. There is a presumption
of control for any person who--
``(I) is a director, general
partner, member or manager of a limited
liability company, or officer
exercising executive responsibility (or
has similar status or functions);
``(II) has the right to vote 20
percent or more of a class of voting
securities or the power to sell or
direct the sale of 20 percent or more
of a class of voting securities; or
``(III) in the case of a
partnership or limited liability
company, has the right to receive upon
dissolution, or has contributed, 20
percent or more of the capital.
``(ii) Eligible privately held company.--
The term `eligible privately held company'
means a company that meets both of the
following conditions:
``(I) The company does not have any
class of securities registered, or
required to be registered, with the
Commission under section 12 or with
respect to which the company files, or
is required to file, periodic
information, documents, and reports
under subsection (d).
``(II) In the fiscal year ending
immediately before the fiscal year in
which the services of the M&A broker
are initially engaged with respect to
the securities transaction, the company
meets either or both of the following
conditions (determined in accordance
with the historical financial
accounting records of the company):
``(aa) The earnings of the
company before interest, taxes,
depreciation, and amortization
are less than $25,000,000.
``(bb) The gross revenues
of the company are less than
$250,000,000.
``(iii) M&A broker.--The term `M&A broker'
means a broker, and any person associated with
a broker, engaged in the business of effecting
securities transactions solely in connection
with the transfer of ownership of an eligible
privately held company, regardless of whether
the broker acts on behalf of a seller or buyer,
through the purchase, sale, exchange, issuance,
repurchase, or redemption of, or a business
combination involving, securities or assets of
the eligible privately held company, if the
broker reasonably believes that--
``(I) upon consummation of the
transaction, any person acquiring
securities or assets of the eligible
privately held company, acting alone or
in concert, will control and, directly
or indirectly, will be active in the
management of the eligible privately
held company or the business conducted
with the assets of the eligible
privately held company; and
``(II) if any person is offered
securities in exchange for securities
or assets of the eligible privately
held company, such person will, prior
to becoming legally bound to consummate
the transaction, receive or have
reasonable access to the most recent
year-end balance sheet, income
statement, statement of changes in
financial position, and statement of
owner's equity of the issuer of the
securities offered in exchange, and, if
the financial statements of the issuer
are audited, the related report of the
independent auditor, a balance sheet
dated not more than 120 days before the
date of the offer, and information
pertaining to the management, business,
results of operations for the period
covered by the foregoing financial
statements, and material loss
contingencies of the issuer.
``(E) Inflation adjustment.--
``(i) In general.--On the date that is 5
years after the date of the enactment of the
Small Business Mergers, Acquisitions, Sales,
and Brokerage Simplification Act of 2014, and
every 5 years thereafter, each dollar amount in
subparagraph (D)(ii)(II) shall be adjusted by--
``(I) dividing the annual value of
the Employment Cost Index For Wages and
Salaries, Private Industry Workers (or
any successor index), as published by
the Bureau of Labor Statistics, for the
calendar year preceding the calendar
year in which the adjustment is being
made by the annual value of such index
(or successor) for the calendar year
ending December 31, 2012; and
``(II) multiplying such dollar
amount by the quotient obtained under
subclause (I).
``(ii) Rounding.--Each dollar amount
determined under clause (i) shall be rounded to
the nearest multiple of $100,000.''.
SEC. 203. EFFECTIVE DATE.
This title and any amendment made by this title shall take effect
on the date that is 90 days after the date of the enactment of this
Act.
DIVISION III--OVERSIGHT
SUBDIVISION A--UNFUNDED MANDATES INFORMATION AND TRANSPARENCY
SEC. 101. SHORT TITLE.
This subdivision may be cited as the ``Unfunded Mandates
Information and Transparency Act of 2014''.
SEC. 102. PURPOSE.
The purpose of this title is--
(1) to improve the quality of the deliberations of Congress
with respect to proposed Federal mandates by--
(A) providing Congress and the public with more
complete information about the effects of such
mandates; and
(B) ensuring that Congress acts on such mandates
only after focused deliberation on their effects; and
(2) to enhance the ability of Congress and the public to
identify Federal mandates that may impose undue harm on
consumers, workers, employers, small businesses, and State,
local, and tribal governments.
SEC. 103. PROVIDING FOR CONGRESSIONAL BUDGET OFFICE STUDIES ON POLICIES
INVOLVING CHANGES IN CONDITIONS OF GRANT AID.
Section 202(g) of the Congressional Budget Act of 1974 (2 U.S.C.
602(g)) is amended by adding at the end the following new paragraph:
``(3) Additional studies.--At the request of any Chairman
or ranking member of the minority of a Committee of the Senate
or the House of Representatives, the Director shall conduct an
assessment comparing the authorized level of funding in a bill
or resolution to the prospective costs of carrying out any
changes to a condition of Federal assistance being imposed on
State, local, or tribal governments participating in the
Federal assistance program concerned or, in the case of a bill
or joint resolution that authorizes such sums as are necessary,
an assessment of an estimated level of funding compared to such
costs.''.
SEC. 104. CLARIFYING THE DEFINITION OF DIRECT COSTS TO REFLECT
CONGRESSIONAL BUDGET OFFICE PRACTICE.
Section 421(3) of the Congressional Budget Act of 1974 (2 U.S.C.
658(3)(A)(i)) is amended--
(1) in subparagraph (A)(i), by inserting ``incur or''
before ``be required''; and
(2) in subparagraph (B), by inserting after ``to spend''
the following: ``or could forgo in profits, including costs
passed on to consumers or other entities taking into account,
to the extent practicable, behavioral changes,''.
SEC. 105. EXPANDING THE SCOPE OF REPORTING REQUIREMENTS TO INCLUDE
REGULATIONS IMPOSED BY INDEPENDENT REGULATORY AGENCIES.
Paragraph (1) of section 421 of the Congressional Budget Act of
1974 (2 U.S.C. 658) is amended by striking ``, but does not include
independent regulatory agencies'' and inserting ``, except it does not
include the Board of Governors of the Federal Reserve System or the
Federal Open Market Committee''.
SEC. 106. AMENDMENTS TO REPLACE OFFICE OF MANAGEMENT AND BUDGET WITH
OFFICE OF INFORMATION AND REGULATORY AFFAIRS.
The Unfunded Mandates Reform Act of 1995 (Public Law 104-4; 2
U.S.C. 1511 et seq.) is amended--
(1) in section 103(c) (2 U.S.C. 1511(c))--
(A) in the subsection heading, by striking ``Office
of Management and Budget'' and inserting ``Office of
Information and Regulatory Affairs''; and
(B) by striking ``Director of the Office of
Management and Budget'' and inserting ``Administrator
of the Office of Information and Regulatory Affairs'';
(2) in section 205(c) (2 U.S.C. 1535(c))--
(A) in the subsection heading, by striking ``OMB'';
and
(B) by striking ``Director of the Office of
Management and Budget'' and inserting ``Administrator
of the Office of Information and Regulatory Affairs'';
and
(3) in section 206 (2 U.S.C. 1536), by striking ``Director
of the Office of Management and Budget'' and inserting
``Administrator of the Office of Information and Regulatory
Affairs''.
SEC. 107. APPLYING SUBSTANTIVE POINT OF ORDER TO PRIVATE SECTOR
MANDATES.
Section 425(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C.
658d(a)(2)) is amended--
(1) by striking ``Federal intergovernmental mandates'' and
inserting ``Federal mandates''; and
(2) by inserting ``or 424(b)(1)'' after ``section
424(a)(1)''.
SEC. 108. REGULATORY PROCESS AND PRINCIPLES.
Section 201 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531) is amended to read as follows:
``SEC. 201. REGULATORY PROCESS AND PRINCIPLES.
``(a) In General.--Each agency shall, unless otherwise expressly
prohibited by law, assess the effects of Federal regulatory actions on
State, local, and tribal governments and the private sector (other than
to the extent that such regulatory actions incorporate requirements
specifically set forth in law) in accordance with the following
principles:
``(1) Each agency shall identify the problem that it
intends to address (including, if applicable, the failures of
private markets or public institutions that warrant new agency
action) as well as assess the significance of that problem.
``(2) Each agency shall examine whether existing
regulations (or other law) have created, or contributed to, the
problem that a new regulation is intended to correct and
whether those regulations (or other law) should be modified to
achieve the intended goal of regulation more effectively.
``(3) Each agency shall identify and assess available
alternatives to direct regulation, including providing economic
incentives to encourage the desired behavior, such as user fees
or marketable permits, or providing information upon which
choices can be made by the public.
``(4) If an agency determines that a regulation is the best
available method of achieving the regulatory objective, it
shall design its regulations in the most cost-effective manner
to achieve the regulatory objective. In doing so, each agency
shall consider incentives for innovation, consistency,
predictability, the costs of enforcement and compliance (to the
government, regulated entities, and the public), flexibility,
distributive impacts, and equity.
``(5) Each agency shall assess both the costs and the
benefits of the intended regulation and, recognizing that some
costs and benefits are difficult to quantify, propose or adopt
a regulation, unless expressly prohibited by law, only upon a
reasoned determination that the benefits of the intended
regulation justify its costs.
``(6) Each agency shall base its decisions on the best
reasonably obtainable scientific, technical, economic, and
other information concerning the need for, and consequences of,
the intended regulation.
``(7) Each agency shall identify and assess alternative
forms of regulation and shall, to the extent feasible, specify
performance objectives, rather than specifying the behavior or
manner of compliance that regulated entities must adopt.
``(8) Each agency shall avoid regulations that are
inconsistent, incompatible, or duplicative with its other
regulations or those of other Federal agencies.
``(9) Each agency shall tailor its regulations to minimize
the costs of the cumulative impact of regulations.
``(10) Each agency shall draft its regulations to be simple
and easy to understand, with the goal of minimizing the
potential for uncertainty and litigation arising from such
uncertainty.
``(b) Regulatory Action Defined.--In this section, the term
`regulatory action' means any substantive action by an agency (normally
published in the Federal Register) that promulgates or is expected to
lead to the promulgation of a final rule or regulation, including
advance notices of proposed rulemaking and notices of proposed
rulemaking.''.
SEC. 109. EXPANDING THE SCOPE OF STATEMENTS TO ACCOMPANY SIGNIFICANT
REGULATORY ACTIONS.
(a) In General.--Subsection (a) of section 202 of the Unfunded
Mandates Reform Act of 1995 (2 U.S.C. 1532) is amended to read as
follows:
``(a) In General.--Unless otherwise expressly prohibited by law,
before promulgating any general notice of proposed rulemaking or any
final rule, or within six months after promulgating any final rule that
was not preceded by a general notice of proposed rulemaking, if the
proposed rulemaking or final rule includes a Federal mandate that may
result in an annual effect on State, local, or tribal governments, or
to the private sector, in the aggregate of $100,000,000 or more in any
1 year, the agency shall prepare a written statement containing the
following:
``(1) The text of the draft proposed rulemaking or final
rule, together with a reasonably detailed description of the
need for the proposed rulemaking or final rule and an
explanation of how the proposed rulemaking or final rule will
meet that need.
``(2) An assessment of the potential costs and benefits of
the proposed rulemaking or final rule, including an explanation
of the manner in which the proposed rulemaking or final rule is
consistent with a statutory requirement and avoids undue
interference with State, local, and tribal governments in the
exercise of their governmental functions.
``(3) A qualitative and quantitative assessment, including
the underlying analysis, of benefits anticipated from the
proposed rulemaking or final rule (such as the promotion of the
efficient functioning of the economy and private markets, the
enhancement of health and safety, the protection of the natural
environment, and the elimination or reduction of discrimination
or bias).
``(4) A qualitative and quantitative assessment, including
the underlying analysis, of costs anticipated from the proposed
rulemaking or final rule (such as the direct costs both to the
Government in administering the final rule and to businesses
and others in complying with the final rule, and any adverse
effects on the efficient functioning of the economy, private
markets (including productivity, employment, and international
competitiveness), health, safety, and the natural environment).
``(5) Estimates by the agency, if and to the extent that
the agency determines that accurate estimates are reasonably
feasible, of--
``(A) the future compliance costs of the Federal
mandate; and
``(B) any disproportionate budgetary effects of the
Federal mandate upon any particular regions of the
Nation or particular State, local, or tribal
governments, urban or rural or other types of
communities, or particular segments of the private
sector.
``(6)(A) A detailed description of the extent of the
agency's prior consultation with the private sector and elected
representatives (under section 204) of the affected State,
local, and tribal governments.
``(B) A detailed summary of the comments and concerns that
were presented by the private sector and State, local, or
tribal governments either orally or in writing to the agency.
``(C) A detailed summary of the agency's evaluation of
those comments and concerns.
``(7) A detailed summary of how the agency complied with
each of the regulatory principles described in section 201.''.
(b) Requirement for Detailed Summary.--Subsection (b) of section
202 of such Act is amended by inserting ``detailed'' before
``summary''.
SEC. 110. ENHANCED STAKEHOLDER CONSULTATION.
Section 204 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1534) is amended--
(1) in the section heading, by inserting ``and private
sector'' before ``input'';
(2) in subsection (a)--
(A) by inserting ``, and impacted parties within
the private sector (including small business),'' after
``on their behalf)'';
(B) by striking ``Federal intergovernmental
mandates'' and inserting ``Federal mandates''; and
(3) by amending subsection (c) to read as follows:
``(c) Guidelines.--For appropriate implementation of subsections
(a) and (b) consistent with applicable laws and regulations, the
following guidelines shall be followed:
``(1) Consultations shall take place as early as possible,
before issuance of a notice of proposed rulemaking, continue
through the final rule stage, and be integrated explicitly into
the rulemaking process.
``(2) Agencies shall consult with a wide variety of State,
local, and tribal officials and impacted parties within the
private sector (including small businesses). Geographic,
political, and other factors that may differentiate varying
points of view should be considered.
``(3) Agencies should estimate benefits and costs to assist
with these consultations. The scope of the consultation should
reflect the cost and significance of the Federal mandate being
considered.
``(4) Agencies shall, to the extent practicable--
``(A) seek out the views of State, local, and
tribal governments, and impacted parties within the
private sector (including small business), on costs,
benefits, and risks; and
``(B) solicit ideas about alternative methods of
compliance and potential flexibilities, and input on
whether the Federal regulation will harmonize with and
not duplicate similar laws in other levels of
government.
``(5) Consultations shall address the cumulative impact of
regulations on the affected entities.
``(6) Agencies may accept electronic submissions of
comments by relevant parties but may not use those comments as
the sole method of satisfying the guidelines in this
subsection.''.
SEC. 111. NEW AUTHORITIES AND RESPONSIBILITIES FOR OFFICE OF
INFORMATION AND REGULATORY AFFAIRS.
Section 208 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1538) is amended to read as follows:
``SEC. 208. OFFICE OF INFORMATION AND REGULATORY AFFAIRS
RESPONSIBILITIES.
``(a) In General.--The Administrator of the Office of Information
and Regulatory Affairs shall provide meaningful guidance and oversight
so that each agency's regulations for which a written statement is
required under section 202 are consistent with the principles and
requirements of this title, as well as other applicable laws, and do
not conflict with the policies or actions of another agency. If the
Administrator determines that an agency's regulations for which a
written statement is required under section 202 do not comply with such
principles and requirements, are not consistent with other applicable
laws, or conflict with the policies or actions of another agency, the
Administrator shall identify areas of non-compliance, notify the
agency, and request that the agency comply before the agency finalizes
the regulation concerned.
``(b) Annual Statements to Congress on Agency Compliance.--The
Director of the Office of Information and Regulatory Affairs annually
shall submit to Congress, including the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on Oversight
and Government Reform of the House of Representatives, a written report
detailing compliance by each agency with the requirements of this title
that relate to regulations for which a written statement is required by
section 202, including activities undertaken at the request of the
Director to improve compliance, during the preceding reporting period.
The report shall also contain an appendix detailing compliance by each
agency with section 204.''.
SEC. 112. RETROSPECTIVE ANALYSIS OF EXISTING FEDERAL REGULATIONS.
The Unfunded Mandates Reform Act of 1995 (Public Law 104-4; 2
U.S.C. 1511 et seq.) is amended--
(1) by redesignating section 209 as section 210; and
(2) by inserting after section 208 the following new
section 209:
``SEC. 209. RETROSPECTIVE ANALYSIS OF EXISTING FEDERAL REGULATIONS.
``(a) Requirement.--At the request of the chairman or ranking
minority member of a standing or select committee of the House of
Representatives or the Senate, an agency shall conduct a retrospective
analysis of an existing Federal regulation promulgated by an agency.
``(b) Report.--Each agency conducting a retrospective analysis of
existing Federal regulations pursuant to subsection (a) shall submit to
the chairman of the relevant committee, Congress, and the Comptroller
General a report containing, with respect to each Federal regulation
covered by the analysis--
``(1) a copy of the Federal regulation;
``(2) the continued need for the Federal regulation;
``(3) the nature of comments or complaints received
concerning the Federal regulation from the public since the
Federal regulation was promulgated;
``(4) the extent to which the Federal regulation overlaps,
duplicates, or conflicts with other Federal regulations, and,
to the extent feasible, with State and local governmental
rules;
``(5) the degree to which technology, economic conditions,
or other factors have changed in the area affected by the
Federal regulation;
``(6) a complete analysis of the retrospective direct costs
and benefits of the Federal regulation that considers studies
done outside the Federal Government (if any) estimating such
costs or benefits; and
``(7) any litigation history challenging the Federal
regulation.''.
SEC. 113. EXPANSION OF JUDICIAL REVIEW.
Section 401(a) of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1571(a)) is amended--
(1) in paragraphs (1) and (2)(A)--
(A) by striking ``sections 202 and 203(a)(1) and
(2)'' each place it appears and inserting ``sections
201, 202, 203(a)(1) and (2), and 205(a) and (b)''; and
(B) by striking ``only'' each place it appears;
(2) in paragraph (2)(B), by striking ``section 202'' and
all that follows through the period at the end and inserting
the following: ``section 202, prepare the written plan under
section 203(a)(1) and (2), or comply with section 205(a) and
(b), a court may compel the agency to prepare such written
statement, prepare such written plan, or comply with such
section.''; and
(3) in paragraph (3), by striking ``written statement or
plan is required'' and all that follows through ``shall not''
and inserting the following: ``written statement under section
202, a written plan under section 203(a)(1) and (2), or
compliance with sections 201 and 205(a) and (b) is required,
the inadequacy or failure to prepare such statement (including
the inadequacy or failure to prepare any estimate, analysis,
statement, or description), to prepare such written plan, or to
comply with such section may''.
SUBDIVISION B--ACHIEVING LESS EXCESS IN REGULATION AND REQUIRING
TRANSPARENCY
SEC. 100. SHORT TITLE; TABLE OF CONTENTS.
This subdivision may be cited as the ``Achieving Less Excess in
Regulation and Requiring Transparency Act of 2014'' or as the ``ALERRT
Act of 2014''.
TITLE I--ALL ECONOMIC REGULATIONS ARE TRANSPARENT ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``All Economic Regulations are
Transparent Act of 2014'' or the ``ALERT Act of 2014''.
SEC. 102. OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATION OF
INFORMATION RELATING TO RULES.
(a) Amendment.--Title 5, United States Code, is amended by
inserting after chapter 6, the following new chapter:
``CHAPTER 6A--OFFICE OF INFORMATION AND REGULATORY AFFAIRS PUBLICATION
OF INFORMATION RELATING TO RULES
``Sec.
``651. Agency monthly submission to Office of Information and
Regulatory Affairs.
``652. Office of Information and Regulatory Affairs Publications.
``653. Requirement for rules to appear in agency-specific monthly
publication.
``654. Definitions.
``Sec. 651. Agency monthly submission to Office of Information and
Regulatory Affairs
``On a monthly basis, the head of each agency shall submit to the
Administrator of the Office of Information and Regulatory Affairs
(referred to in this chapter as the `Administrator'), in such a manner
as the Administrator may reasonably require, the following information:
``(1) For each rule that the agency expects to propose or
finalize during the following year:
``(A) A summary of the nature of the rule,
including the regulation identifier number and the
docket number for the rule.
``(B) The objectives of and legal basis for the
issuance of the rule, including--
``(i) any statutory or judicial deadline;
and
``(ii) whether the legal basis restricts or
precludes the agency from conducting an
analysis of the costs or benefits of the rule
during the rule making, and if not, whether the
agency plans to conduct an analysis of the
costs or benefits of the rule during the rule
making.
``(C) Whether the agency plans to claim an
exemption from the requirements of section 553 pursuant
to section 553(b)(B).
``(D) The stage of the rule making as of the date
of submission.
``(E) Whether the rule is subject to review under
section 610.
``(2) For any rule for which the agency expects to finalize
during the following year and has issued a general notice of
proposed rule making--
``(A) an approximate schedule for completing action
on the rule;
``(B) an estimate of whether the rule will cost--
``(i) less than $50,000,000;
``(ii) $50,000,000 or more but less than
$100,000,000;
``(iii) $100,000,000 or more but less than
$500,000,000;
``(iv) $500,000,000 or more but less than
$1,000,000,000;
``(v) $1,000,000,000 or more but less than
$5,000,000,000;
``(vi) $5,000,000,000 or more but less than
$10,000,000,000; or
``(vii) $10,000,000,000 or more; and
``(C) any estimate of the economic effects of the
rule, including any estimate of the net effect that the
rule will have on the number of jobs in the United
States, that was considered in drafting the rule. If
such estimate is not available, a statement affirming
that no information on the economic effects, including
the effect on the number of jobs, of the rule has been
considered.
``Sec. 652. Office of Information and Regulatory Affairs Publications
``(a) Agency-Specific Information Published Monthly.--Not later
than 30 days after the submission of information pursuant to section
651, the Administrator shall make such information publicly available
on the Internet.
``(b) Cumulative Assessment of Agency Rule Making Published
Annually.--
``(1) Publication in the federal register.--Not later than
October 1 of each year, the Administrator shall publish in the
Federal Register, for the previous year the following:
``(A) The information that the Administrator
received from the head of each agency under section
651.
``(B) The number of rules and a list of each such
rule--
``(i) that was proposed by each agency,
including, for each such rule, an indication of
whether the issuing agency conducted an
analysis of the costs or benefits of the rule;
and
``(ii) that was finalized by each agency,
including for each such rule an indication of
whether--
``(I) the issuing agency conducted
an analysis of the costs or benefits of
the rule;
``(II) the agency claimed an
exemption from the procedures under
section 553 pursuant to section
553(b)(B); and
``(III) the rule was issued
pursuant to a statutory mandate or the
rule making is committed to agency
discretion by law.
``(C) The number of agency actions and a list of
each such action taken by each agency that--
``(i) repealed a rule;
``(ii) reduced the scope of a rule;
``(iii) reduced the cost of a rule; or
``(iv) accelerated the expiration date of a
rule.
``(D) The total cost (without reducing the cost by
any offsetting benefits) of all rules proposed or
finalized, and the number of rules for which an
estimate of the cost of the rule was not available.
``(2) Publication on the internet.--Not later than October
1 of each year, the Administrator shall make publicly available
on the Internet the following:
``(A) The analysis of the costs or benefits, if
conducted, for each proposed rule or final rule issued
by an agency for the previous year.
``(B) The docket number and regulation identifier
number for each proposed or final rule issued by an
agency for the previous year.
``(C) The number of rules and a list of each such
rule reviewed by the Director of the Office of
Management and Budget for the previous year, and the
authority under which each such review was conducted.
``(D) The number of rules and a list of each such
rule for which the head of an agency completed a review
under section 610 for the previous year.
``(E) The number of rules and a list of each such
rule submitted to the Comptroller General under section
801.
``(F) The number of rules and a list of each such
rule for which a resolution of disapproval was
introduced in either the House of Representatives or
the Senate under section 802.
``Sec. 653. Requirement for rules to appear in agency-specific monthly
publication
``(a) In General.--Subject to subsection (b), a rule may not take
effect until the information required to be made publicly available on
the Internet regarding such rule pursuant to section 652(a) has been so
available for not less than 6 months.
``(b) Exceptions.--The requirement of subsection (a) shall not
apply in the case of a rule--
``(1) for which the agency issuing the rule claims an
exception under section 553(b)(B); or
``(2) which the President determines by Executive order
should take effect because the rule is--
``(A) necessary because of an imminent threat to
health or safety or other emergency;
``(B) necessary for the enforcement of criminal
laws;
``(C) necessary for national security; or
``(D) issued pursuant to any statute implementing
an international trade agreement.
``Sec. 654. Definitions
``In this chapter, the terms `agency', `agency action', `rule', and
`rule making' have the meanings given those terms in section 551.''.
(b) Technical and Conforming Amendment.--The table of chapters for
part I of title 5, United States Code, is amended by inserting after
the item relating to chapter 5, the following:
``6. The Analysis of Regulatory Functions.................. 601
``6A. Office of Information and Regulatory Affairs 651''.
Publication of Information
Relating to Rules.
(c) Effective Dates.--
(1) Agency monthly submission to the office of information
and regulatory affairs.--The first submission required pursuant
to section 651 of title 5, United States Code, as added by
subsection (a), shall be submitted not later than 30 days after
the date of the enactment of this title, and monthly
thereafter.
(2) Cumulative assessment of agency rule making.--
(A) In general.--Subsection (b) of section 652 of
title 5, United States Code, as added by subsection
(a), shall take effect on the date that is 60 days
after the date of the enactment of this title.
(B) Deadline.--The first requirement to publish or
make available, as the case may be, under subsection
(b) of section 652 of title 5, United States Code, as
added by subsection (a), shall be the first October 1
after the effective date of such subsection.
(C) First publication.--The requirement under
section 652(b)(2)(A) of title 5, United States Code, as
added by subsection (a), shall include for the first
publication, any analysis of the costs or benefits
conducted for a proposed or final rule, for the 10
years before the date of the enactment of this title.
(3) Requirement for rules to appear in agency-specific
monthly publication.--Section 653 of title 5, United States
Code, as added by subsection (a), shall take effect on the date
that is 8 months after the date of the enactment of this title.
TITLE II--REGULATORY ACCOUNTABILITY ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Regulatory Accountability Act of
2014''.
SEC. 202. DEFINITIONS.
Section 551 of title 5, United States Code, is amended--
(1) in paragraph (13), by striking ``and'' at the end;
(2) in paragraph (14), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(15) `major rule' means any rule that the Administrator
of the Office of Information and Regulatory Affairs determines
is likely to impose--
``(A) an annual cost on the economy of $100,000,000
or more, adjusted annually for inflation;
``(B) a major increase in costs or prices for
consumers, individual industries, Federal, State,
local, or tribal government agencies, or geographic
regions;
``(C) significant adverse effects on competition,
employment, investment, productivity, innovation, or on
the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and
export markets; or
``(D) significant impacts on multiple sectors of
the economy;
``(16) `high-impact rule' means any rule that the
Administrator of the Office of Information and Regulatory
Affairs determines is likely to impose an annual cost on the
economy of $1,000,000,000 or more, adjusted annually for
inflation;
``(17) `negative-impact on jobs and wages rule' means any
rule that the agency that made the rule or the Administrator of
the Office of Information and Regulatory Affairs determines is
likely to--
``(A) in one or more sectors of the economy that
has a 6-digit code under the North American Industry
Classification System, reduce employment not related to
new regulatory compliance by 1 percent or more annually
during the 1-year, 5-year, or 10-year period after
implementation;
``(B) in one or more sectors of the economy that
has a 6-digit code under the North American Industry
Classification System, reduce average weekly wages for
employment not related to new regulatory compliance by
1 percent or more annually during the 1-year, 5-year,
or 10-year period after implementation;
``(C) in any industry area (as such term is defined
in the Current Population Survey conducted by the
Bureau of Labor Statistics) in which the most recent
annual unemployment rate for the industry area is
greater than 5 percent, as determined by the Bureau of
Labor Statistics in the Current Population Survey,
reduce employment not related to new regulatory
compliance during the first year after implementation;
or
``(D) in any industry area in which the Bureau of
Labor Statistics projects in the Occupational
Employment Statistics program that the employment level
will decrease by 1 percent or more, further reduce
employment not related to new regulatory compliance
during the first year after implementation;
``(18) `guidance' means an agency statement of general
applicability and future effect, other than a regulatory
action, that sets forth a policy on a statutory, regulatory or
technical issue or an interpretation of a statutory or
regulatory issue;
``(19) `major guidance' means guidance that the
Administrator of the Office of Information and Regulatory
Affairs finds is likely to lead to--
``(A) an annual cost on the economy of $100,000,000
or more, adjusted annually for inflation;
``(B) a major increase in costs or prices for
consumers, individual industries, Federal, State, local
or tribal government agencies, or geographic regions;
``(C) significant adverse effects on competition,
employment, investment, productivity, innovation, or on
the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and
export markets; or
``(D) significant impacts on multiple sectors of
the economy;
``(20) the `Information Quality Act' means section 515 of
Public Law 106-554, the Treasury and General Government
Appropriations Act for Fiscal Year 2001, and guidelines issued
by the Administrator of the Office of Information and
Regulatory Affairs or other agencies pursuant to the Act; and
``(21) the `Office of Information and Regulatory Affairs'
means the office established under section 3503 of chapter 35
of title 44 and any successor to that office.''.
SEC. 203. RULE MAKING.
(a) Section 553(a) of title 5, United States Code, is amended by
striking ``(a) This section applies'' and inserting ``(a)
Applicability.--This section applies''.
(b) Section 553 of title 5, United States Code, is amended by
striking subsections (b) through (e) and inserting the following:
``(b) Rule Making Considerations.--In a rule making, an agency
shall make all preliminary and final factual determinations based on
evidence and consider, in addition to other applicable considerations,
the following:
``(1) The legal authority under which a rule may be
proposed, including whether a rule making is required by
statute, and if so, whether by a specific date, or whether the
agency has discretion to commence a rule making.
``(2) Other statutory considerations applicable to whether
the agency can or should propose a rule or undertake other
agency action.
``(3) The specific nature and significance of the problem
the agency may address with a rule (including the degree and
nature of risks the problem poses and the priority of
addressing those risks compared to other matters or activities
within the agency's jurisdiction), whether the problem warrants
new agency action, and the countervailing risks that may be
posed by alternatives for new agency action.
``(4) Whether existing rules have created or contributed to
the problem the agency may address with a rule and whether
those rules could be amended or rescinded to address the
problem in whole or part.
``(5) Any reasonable alternatives for a new rule or other
response identified by the agency or interested persons,
including not only responses that mandate particular conduct or
manners of compliance, but also--
``(A) the alternative of no Federal response;
``(B) amending or rescinding existing rules;
``(C) potential regional, State, local, or tribal
regulatory action or other responses that could be
taken in lieu of agency action; and
``(D) potential responses that--
``(i) specify performance objectives rather
than conduct or manners of compliance;
``(ii) establish economic incentives to
encourage desired behavior;
``(iii) provide information upon which
choices can be made by the public; or
``(iv) incorporate other innovative
alternatives rather than agency actions that
specify conduct or manners of compliance.
``(6) Notwithstanding any other provision of law--
``(A) the potential costs and benefits associated
with potential alternative rules and other responses
considered under section 553(b)(5), including direct,
indirect, and cumulative costs and benefits and
estimated impacts on jobs (including an estimate of the
net gain or loss in domestic jobs), wages, economic
growth, innovation, and economic competitiveness;
``(B) means to increase the cost-effectiveness of
any Federal response; and
``(C) incentives for innovation, consistency,
predictability, lower costs of enforcement and
compliance (to government entities, regulated entities,
and the public), and flexibility.
``(c) Advance Notice of Proposed Rule Making for Major Rules, High-
Impact Rules, Negative-Impact on Jobs and Wages Rules, and Rules
Involving Novel Legal or Policy Issues.--In the case of a rule making
for a major rule, a high-impact rule, a negative-impact on jobs and
wages rule, or a rule that involves a novel legal or policy issue
arising out of statutory mandates, not later than 90 days before a
notice of proposed rule making is published in the Federal Register, an
agency shall publish advance notice of proposed rule making in the
Federal Register. In publishing such advance notice, the agency shall--
``(1) include a written statement identifying, at a
minimum--
``(A) the nature and significance of the problem
the agency may address with a rule, including data and
other evidence and information on which the agency
expects to rely for the proposed rule;
``(B) the legal authority under which a rule may be
proposed, including whether a rule making is required
by statute, and if so, whether by a specific date, or
whether the agency has discretion to commence a rule
making;
``(C) preliminary information available to the
agency concerning the other considerations specified in
subsection (b);
``(D) in the case of a rule that involves a novel
legal or policy issue arising out of statutory
mandates, the nature of and potential reasons to adopt
the novel legal or policy position upon which the
agency may base a proposed rule; and
``(E) an achievable objective for the rule and
metrics by which the agency will measure progress
toward that objective;
``(2) solicit written data, views or argument from
interested persons concerning the information and issues
addressed in the advance notice; and
``(3) provide for a period of not fewer than 60 days for
interested persons to submit such written data, views, or
argument to the agency.
``(d) Notices of Proposed Rule Making; Determinations of Other
Agency Course.--(1) Before it determines to propose a rule, and
following completion of procedures under subsection (c), if applicable,
the agency shall consult with the Administrator of the Office of
Information and Regulatory Affairs. If the agency thereafter determines
to propose a rule, the agency shall publish a notice of proposed rule
making, which shall include--
``(A) a statement of the time, place, and nature of public
rule making proceedings;
``(B) reference to the legal authority under which the rule
is proposed;
``(C) the terms of the proposed rule;
``(D) a description of information known to the agency on
the subject and issues of the proposed rule, including but not
limited to--
``(i) a summary of information known to the agency
concerning the considerations specified in subsection
(b);
``(ii) a summary of additional information the
agency provided to and obtained from interested persons
under subsection (c);
``(iii) a summary of any preliminary risk
assessment or regulatory impact analysis performed by
the agency; and
``(iv) information specifically identifying all
data, studies, models, and other evidence or
information considered or used by the agency in
connection with its determination to propose the rule;
``(E)(i) a reasoned preliminary determination of need for
the rule based on the information described under subparagraph
(D);
``(ii) an additional statement of whether a rule is
required by statute; and
``(iii) an achievable objective for the rule and metrics by
which the agency will measure progress toward that objective;
``(F) a reasoned preliminary determination that the
benefits of the proposed rule meet the relevant statutory
objectives and justify the costs of the proposed rule
(including all costs to be considered under subsection (b)(6)),
based on the information described under subparagraph (D);
``(G) a discussion of--
``(i) the alternatives to the proposed rule, and
other alternative responses, considered by the agency
under subsection (b);
``(ii) the costs and benefits of those alternatives
(including all costs to be considered under subsection
(b)(6));
``(iii) whether those alternatives meet relevant
statutory objectives; and
``(iv) why the agency did not propose any of those
alternatives; and
``(H)(i) a statement of whether existing rules have created
or contributed to the problem the agency seeks to address with
the proposed rule; and
``(ii) if so, whether or not the agency proposes to amend
or rescind any such rules, and why.
All information provided to or considered by the agency, and steps to
obtain information by the agency, in connection with its determination
to propose the rule, including any preliminary risk assessment or
regulatory impact analysis prepared by the agency and all other
information prepared or described by the agency under subparagraph (D)
and, at the discretion of the President or the Administrator of the
Office of Information and Regulatory Affairs, information provided by
that Office in consultations with the agency, shall be placed in the
docket for the proposed rule and made accessible to the public by
electronic means and otherwise for the public's use when the notice of
proposed rule making is published.
``(2)(A) If the agency undertakes procedures under subsection (c)
and determines thereafter not to propose a rule, the agency shall,
following consultation with the Office of Information and Regulatory
Affairs, publish a notice of determination of other agency course. A
notice of determination of other agency course shall include
information required by paragraph (1)(D) to be included in a notice of
proposed rule making and a description of the alternative response the
agency determined to adopt.
``(B) If in its determination of other agency course the agency
makes a determination to amend or rescind an existing rule, the agency
need not undertake additional proceedings under subsection (c) before
it publishes a notice of proposed rule making to amend or rescind the
existing rule.
All information provided to or considered by the agency, and steps to
obtain information by the agency, in connection with its determination
of other agency course, including but not limited to any preliminary
risk assessment or regulatory impact analysis prepared by the agency
and all other information that would be required to be prepared or
described by the agency under paragraph (1)(D) if the agency had
determined to publish a notice of proposed rule making and, at the
discretion of the President or the Administrator of the Office of
Information and Regulatory Affairs, information provided by that Office
in consultations with the agency, shall be placed in the docket for the
determination and made accessible to the public by electronic means and
otherwise for the public's use when the notice of determination is
published.
``(3) After notice of proposed rule making required by this
section, the agency shall provide interested persons an opportunity to
participate in the rule making through submission of written data,
views, or arguments with or without opportunity for oral presentation,
except that--
``(A) if a hearing is required under paragraph (4)(B) or
subsection (e), opportunity for oral presentation shall be
provided pursuant to that requirement; or
``(B) when other than under subsection (e) of this section
rules are required by statute or at the discretion of the
agency to be made on the record after opportunity for an agency
hearing, sections 556 and 557 shall apply, and paragraph (4),
the requirements of subsection (e) to receive comment outside
of the procedures of sections 556 and 557, and the petition
procedures of subsection (e)(6) shall not apply.
The agency shall provide not fewer than 60 days for interested persons
to submit written data, views, or argument (or 120 days in the case of
a proposed major or high-impact rule).
``(4)(A) Within 30 days of publication of notice of proposed rule
making, a member of the public may petition for a hearing in accordance
with section 556 to determine whether any evidence or other information
upon which the agency bases the proposed rule fails to comply with the
Information Quality Act.
``(B)(i) The agency may, upon review of the petition, determine
without further process to exclude from the rule making the evidence or
other information that is the subject of the petition and, if
appropriate, withdraw the proposed rule. The agency shall promptly
publish any such determination.
``(ii) If the agency does not resolve the petition under the
procedures of clause (i), it shall grant any such petition that
presents a prima facie case that evidence or other information upon
which the agency bases the proposed rule fails to comply with the
Information Quality Act, hold the requested hearing not later than 30
days after receipt of the petition, provide a reasonable opportunity
for cross-examination at the hearing, and decide the issues presented
by the petition not later than 60 days after receipt of the petition.
The agency may deny any petition that it determines does not present
such a prima facie case.
``(C) There shall be no judicial review of the agency's disposition
of issues considered and decided or determined under subparagraph
(B)(ii) until judicial review of the agency's final action. There shall
be no judicial review of an agency's determination to withdraw a
proposed rule under subparagraph (B)(i) on the basis of the petition.
``(D) Failure to petition for a hearing under this paragraph shall
not preclude judicial review of any claim based on the Information
Quality Act under chapter 7 of this title.
``(e) Hearings for High-Impact Rules.--Following notice of a
proposed rule making, receipt of comments on the proposed rule, and any
hearing held under subsection (d)(4), and before adoption of any high-
impact rule, the agency shall hold a hearing in accordance with
sections 556 and 557, unless such hearing is waived by all participants
in the rule making other than the agency. The agency shall provide a
reasonable opportunity for cross-examination at such hearing. The
hearing shall be limited to the following issues of fact, except that
participants at the hearing other than the agency may waive
determination of any such issue:
``(1) Whether the agency's asserted factual predicate for
the rule is supported by the evidence.
``(2) Whether there is an alternative to the proposed rule
that would achieve the relevant statutory objectives at a lower
cost (including all costs to be considered under subsection
(b)(6)) than the proposed rule.
``(3) If there is more than one alternative to the proposed
rule that would achieve the relevant statutory objectives at a
lower cost than the proposed rule, which alternative would
achieve the relevant statutory objectives at the lowest cost.
``(4) Whether, if the agency proposes to adopt a rule that
is more costly than the least costly alternative that would
achieve the relevant statutory objectives (including all costs
to be considered under subsection (b)(6)), the additional
benefits of the more costly rule exceed the additional costs of
the more costly rule.
``(5) Whether the evidence and other information upon which
the agency bases the proposed rule meets the requirements of
the Information Quality Act.
``(6) Upon petition by an interested person who has
participated in the rule making, other issues relevant to the
rule making, unless the agency determines that consideration of
the issues at the hearing would not advance consideration of
the rule or would, in light of the nature of the need for
agency action, unreasonably delay completion of the rule
making. An agency shall grant or deny a petition under this
paragraph within 30 days of its receipt of the petition.
No later than 45 days before any hearing held under this subsection or
sections 556 and 557, the agency shall publish in the Federal Register
a notice specifying the proposed rule to be considered at such hearing,
the issues to be considered at the hearing, and the time and place for
such hearing, except that such notice may be issued not later than 15
days before a hearing held under subsection (d)(4)(B).
``(f) Final Rules.--(1) The agency shall adopt a rule only
following consultation with the Administrator of the Office of
Information and Regulatory Affairs to facilitate compliance with
applicable rule making requirements.
``(2) The agency shall adopt a rule only on the basis of the best
reasonably obtainable scientific, technical, economic, and other
evidence and information concerning the need for, consequences of, and
alternatives to the rule.
``(3)(A) Except as provided in subparagraph (B), the agency shall
adopt the least costly rule considered during the rule making
(including all costs to be considered under subsection (b)(6)) that
meets relevant statutory objectives.
``(B) The agency may adopt a rule that is more costly than the
least costly alternative that would achieve the relevant statutory
objectives only if the additional benefits of the more costly rule
justify its additional costs and only if the agency explains its reason
for doing so based on interests of public health, safety or welfare
that are clearly within the scope of the statutory provision
authorizing the rule.
``(4) When it adopts a final rule, the agency shall publish a
notice of final rule making. The notice shall include--
``(A) a concise, general statement of the rule's basis and
purpose;
``(B) the agency's reasoned final determination of need for
a rule to address the problem the agency seeks to address with
the rule, including a statement of whether a rule is required
by statute and a summary of any final risk assessment or
regulatory impact analysis prepared by the agency;
``(C) the agency's reasoned final determination that the
benefits of the rule meet the relevant statutory objectives and
justify the rule's costs (including all costs to be considered
under subsection (b)(6));
``(D) the agency's reasoned final determination not to
adopt any of the alternatives to the proposed rule considered
by the agency during the rule making, including--
``(i) the agency's reasoned final determination
that no alternative considered achieved the relevant
statutory objectives with lower costs (including all
costs to be considered under subsection (b)(6)) than
the rule; or
``(ii) the agency's reasoned determination that its
adoption of a more costly rule complies with subsection
(f)(3)(B);
``(E) the agency's reasoned final determination--
``(i) that existing rules have not created or
contributed to the problem the agency seeks to address
with the rule; or
``(ii) that existing rules have created or
contributed to the problem the agency seeks to address
with the rule, and, if so--
``(I) why amendment or rescission of such
existing rules is not alone sufficient to
respond to the problem; and
``(II) whether and how the agency intends
to amend or rescind the existing rule separate
from adoption of the rule;
``(F) the agency's reasoned final determination that the
evidence and other information upon which the agency bases the
rule complies with the Information Quality Act;
``(G) the agency's reasoned final determination that the
rule meets the objectives that the agency identified in
subsection (d)(1)(E)(iii) or that other objectives are more
appropriate in light of the full administrative record and the
rule meets those objectives;
``(H) the agency's reasoned final determination that it did
not deviate from the metrics the agency included in subsection
(d)(1)(E)(iii) or that other metrics are more appropriate in
light of the full administrative record and the agency did not
deviate from those metrics;
``(I)(i) for any major rule, high-impact rule, or negative-
impact on jobs and wages rule, the agency's plan for review of
the rule no less than every ten years to determine whether,
based upon evidence, there remains a need for the rule, whether
the rule is in fact achieving statutory objectives, whether the
rule's benefits continue to justify its costs, and whether the
rule can be modified or rescinded to reduce costs while
continuing to achieve statutory objectives; and
``(ii) review of a rule under a plan required by clause (i)
of this subparagraph shall take into account the factors and
criteria set forth in subsections (b) through (f) of section
553 of this title; and
``(J) for any negative-impact on jobs and wages rule, a
statement that the head of the agency that made the rule
approved the rule knowing about the findings and determination
of the agency or the Administrator of the Office of Information
and Regulatory Affairs that qualified the rule as a negative
impact on jobs and wages rule.
All information considered by the agency in connection with its
adoption of the rule, and, at the discretion of the President or the
Administrator of the Office of Information and Regulatory Affairs,
information provided by that Office in consultations with the agency,
shall be placed in the docket for the rule and made accessible to the
public for the public's use no later than when the rule is adopted.
``(g) Exceptions From Notice and Hearing Requirements.--(1) Except
when notice or hearing is required by statute, the following do not
apply to interpretive rules, general statements of policy, or rules of
agency organization, procedure, or practice:
``(A) Subsections (c) through (e).
``(B) Paragraphs (1) through (3) of subsection (f).
``(C) Subparagraphs (B) through (H) of subsection (f)(4).
``(2)(A) When the agency for good cause, based upon evidence, finds
(and incorporates the finding and a brief statement of reasons therefor
in the rules issued) that compliance with subsection (c), (d), or (e)
or requirements to render final determinations under subsection (f) of
this section before the issuance of an interim rule is impracticable or
contrary to the public interest, including interests of national
security, such subsections or requirements to render final
determinations shall not apply to the agency's adoption of an interim
rule.
``(B) If, following compliance with subparagraph (A) of this
paragraph, the agency adopts an interim rule, it shall commence
proceedings that comply fully with subsections (d) through (f) of this
section immediately upon publication of the interim rule, shall treat
the publication of the interim rule as publication of a notice of
proposed rule making and shall not be required to issue supplemental
notice other than to complete full compliance with subsection (d). No
less than 270 days from publication of the interim rule (or 18 months
in the case of a major rule or high-impact rule), the agency shall
complete rule making under subsections (d) through (f) of this
subsection and take final action to adopt a final rule or rescind the
interim rule. If the agency fails to take timely final action, the
interim rule will cease to have the effect of law.
``(C) Other than in cases involving interests of national security,
upon the agency's publication of an interim rule without compliance
with subsection (c), (d), or (e) or requirements to render final
determinations under subsection (f) of this section, an interested
party may seek immediate judicial review under chapter 7 of this title
of the agency's determination to adopt such interim rule. The record on
such review shall include all documents and information considered by
the agency and any additional information presented by a party that the
court determines necessary to consider to assure justice.
``(3) When the agency for good cause finds (and incorporates the
finding and a brief statement of reasons therefor in the rules issued)
that notice and public procedure thereon are unnecessary, including
because agency rule making is undertaken only to correct a de minimis
technical or clerical error in a previously issued rule or for other
noncontroversial purposes, the agency may publish a rule without
compliance with subsection (c), (d), (e), or (f)(1)-(3) and (f)(4)(B)-
(F). If the agency receives significant adverse comment within 60 days
after publication of the rule, it shall treat the notice of the rule as
a notice of proposed rule making and complete rule making in compliance
with subsections (d) and (f).
``(h) Additional Requirements for Hearings.--When a hearing is
required under subsection (e) or is otherwise required by statute or at
the agency's discretion before adoption of a rule, the agency shall
comply with the requirements of sections 556 and 557 in addition to the
requirements of subsection (f) in adopting the rule and in providing
notice of the rule's adoption.
``(i) Date of Publication of Rule.--The required publication or
service of a substantive final or interim rule shall be made not less
than 30 days before the effective date of the rule, except--
``(1) a substantive rule which grants or recognizes an
exemption or relieves a restriction;
``(2) interpretive rules and statements of policy; or
``(3) as otherwise provided by the agency for good cause
found and published with the rule.
``(j) Right To Petition.--Each agency shall give an interested
person the right to petition for the issuance, amendment, or repeal of
a rule.
``(k) Rule Making Guidelines.--(1)(A) The Administrator of the
Office of Information and Regulatory Affairs shall establish guidelines
for the assessment, including quantitative and qualitative assessment,
of the costs and benefits of proposed and final rules and other
economic issues or issues related to risk that are relevant to rule
making under this title. The rigor of cost-benefit analysis required by
such guidelines shall be commensurate, in the Administrator's
determination, with the economic impact of the rule.
``(B) To ensure that agencies use the best available techniques to
quantify and evaluate anticipated present and future benefits, costs,
other economic issues, and risks as accurately as possible, the
Administrator of the Office of Information and Regulatory Affairs shall
regularly update guidelines established under paragraph (1)(A) of this
subsection.
``(2) The Administrator of the Office of Information and Regulatory
Affairs shall also issue guidelines to promote coordination,
simplification and harmonization of agency rules during the rule making
process and otherwise. Such guidelines shall assure that each agency
avoids regulations that are inconsistent or incompatible with, or
duplicative of, its other regulations and those of other Federal
agencies and drafts its regulations to be simple and easy to
understand, with the goal of minimizing the potential for uncertainty
and litigation arising from such uncertainty.
``(3) To ensure consistency in Federal rule making, the
Administrator of the Office of Information and Regulatory Affairs
shall--
``(A) issue guidelines and otherwise take action to ensure
that rule makings conducted in whole or in part under
procedures specified in provisions of law other than those of
subchapter II of this title conform to the fullest extent
allowed by law with the procedures set forth in section 553 of
this title; and
``(B) issue guidelines for the conduct of hearings under
subsections 553(d)(4) and 553(e) of this section, including to
assure a reasonable opportunity for cross-examination. Each
agency shall adopt regulations for the conduct of hearings
consistent with the guidelines issued under this subparagraph.
``(4) The Administrator of the Office of Information and Regulatory
Affairs shall issue guidelines pursuant to the Information Quality Act
to apply in rule making proceedings under sections 553, 556, and 557 of
this title. In all cases, such guidelines, and the Administrator's
specific determinations regarding agency compliance with such
guidelines, shall be entitled to judicial deference.
``(l) Inclusion in the Record of Certain Documents and
Information.--The agency shall include in the record for a rule making,
and shall make available by electronic means and otherwise, all
documents and information prepared or considered by the agency during
the proceeding, including, at the discretion of the President or the
Administrator of the Office of Information and Regulatory Affairs,
documents and information communicated by that Office during
consultation with the Agency.
``(m) Monetary Policy Exemption.--Nothing in subsection (b)(6),
subparagraphs (F) and (G) of subsection (d)(1), subsection (e),
subsection (f)(3), and subparagraphs (C) and (D) of subsection (f)(5)
shall apply to rule makings that concern monetary policy proposed or
implemented by the Board of Governors of the Federal Reserve System or
the Federal Open Market Committee.''.
SEC. 204. AGENCY GUIDANCE; PROCEDURES TO ISSUE MAJOR GUIDANCE;
PRESIDENTIAL AUTHORITY TO ISSUE GUIDELINES FOR ISSUANCE
OF GUIDANCE.
(a) In General.--Chapter 5 of title 5, United States Code, is
amended by inserting after section 553 the following new section:
``Sec. 553a. Agency guidance; procedures to issue major guidance;
authority to issue guidelines for issuance of guidance
``(a) Before issuing any major guidance, or guidance that involves
a novel legal or policy issue arising out of statutory mandates, an
agency shall--
``(1) make and document a reasoned determination that--
``(A) assures that such guidance is understandable
and complies with relevant statutory objectives and
regulatory provisions (including any statutory
deadlines for agency action);
``(B) summarizes the evidence and data on which the
agency will base the guidance;
``(C) identifies the costs and benefits (including
all costs to be considered during a rule making under
section 553(b) of this title) of conduct conforming to
such guidance and assures that such benefits justify
such costs; and
``(D) describes alternatives to such guidance and
their costs and benefits (including all costs to be
considered during a rule making under section 553(b) of
this title) and explains why the agency rejected those
alternatives; and
``(2) confer with the Administrator of the Office of
Information and Regulatory Affairs on the issuance of such
guidance to assure that the guidance is reasonable,
understandable, consistent with relevant statutory and
regulatory provisions and requirements or practices of other
agencies, does not produce costs that are unjustified by the
guidance's benefits, and is otherwise appropriate.
Upon issuing major guidance, or guidance that involves a novel legal or
policy issue arising out of statutory mandates, the agency shall
publish the documentation required by subparagraph (1) by electronic
means and otherwise.
``(b) Agency guidance--
``(1) is not legally binding and may not be relied upon by
an agency as legal grounds for agency action;
``(2) shall state in a plain, prominent and permanent
manner that it is not legally binding; and
``(3) shall, at the time it is issued or upon request, be
made available by the issuing agency to interested persons and
the public by electronic means and otherwise.
Agencies shall avoid the issuance of guidance that is inconsistent or
incompatible with, or duplicative of, the agency's governing statutes
or regulations, with the goal of minimizing the potential for
uncertainty and litigation arising from such uncertainty.
``(c) The Administrator of the Office of Information and Regulatory
Affairs shall have authority to issue guidelines for use by the
agencies in the issuance of major guidance and other guidance. Such
guidelines shall assure that each agency avoids issuing guidance
documents that are inconsistent or incompatible with, or duplicative
of, the law, its other regulations, or the regulations of other Federal
agencies and drafts its guidance documents to be simple and easy to
understand, with the goal of minimizing the potential for uncertainty
and litigation arising from such uncertainty.''.
(b) Clerical Amendment.--The table of sections for chapter 5 of
title 5, United States Code, is amended by inserting after the item
relating to section 553 the following new item:
``553a. Agency guidance; procedures to issue major guidance; authority
to issue guidelines for issuance of
guidance.''.
SEC. 205. HEARINGS; PRESIDING EMPLOYEES; POWERS AND DUTIES; BURDEN OF
PROOF; EVIDENCE; RECORD AS BASIS OF DECISION.
Section 556 of title 5, United States Code, is amended by striking
subsection (e) and inserting the following:
``(e)(1) The transcript of testimony and exhibits, together with
all papers and requests filed in the proceeding, constitutes the
exclusive record for decision in accordance with section 557 and shall
be made available to the parties and the public by electronic means
and, upon payment of lawfully prescribed costs, otherwise. When an
agency decision rests on official notice of a material fact not
appearing in the evidence in the record, a party is entitled, on timely
request, to an opportunity to show the contrary.
``(2) Notwithstanding paragraph (1) of this subsection, in a
proceeding held under this section pursuant to section 553(d)(4) or
553(e), the record for decision shall also include any information that
is part of the record of proceedings under section 553.
``(f) When an agency conducts rule making under this section and
section 557 directly after concluding proceedings upon an advance
notice of proposed rule making under section 553(c), the matters to be
considered and determinations to be made shall include, among other
relevant matters and determinations, the matters and determinations
described in subsections (b) and (f) of section 553.
``(g) Upon receipt of a petition for a hearing under this section,
the agency shall grant the petition in the case of any major rule,
unless the agency reasonably determines that a hearing would not
advance consideration of the rule or would, in light of the need for
agency action, unreasonably delay completion of the rule making. The
agency shall publish its decision to grant or deny the petition when it
renders the decision, including an explanation of the grounds for
decision. The information contained in the petition shall in all cases
be included in the administrative record. This subsection shall not
apply to rule makings that concern monetary policy proposed or
implemented by the Board of Governors of the Federal Reserve System or
the Federal Open Market Committee.''.
SEC. 206. ACTIONS REVIEWABLE.
Section 704 of title 5, United States Code, is amended--
(1) by striking ``Agency action made'' and inserting ``(a)
Agency action made''; and
(2) by adding at the end the following: ``Denial by an
agency of a correction request or, where administrative appeal
is provided for, denial of an appeal, under an administrative
mechanism described in subsection (b)(2)(B) of the Information
Quality Act, or the failure of an agency within 90 days to
grant or deny such request or appeal, shall be final action for
purposes of this section.
``(b) Other than in cases involving interests of national security,
notwithstanding subsection (a) of this section, upon the agency's
publication of an interim rule without compliance with section 553(c),
(d), or (e) or requirements to render final determinations under
subsection (f) of section 553, an interested party may seek immediate
judicial review under this chapter of the agency's determination to
adopt such rule on an interim basis. Review shall be limited to whether
the agency abused its discretion to adopt the interim rule without
compliance with section 553(c), (d), or (e) or without rendering final
determinations under subsection (f) of section 553.''.
SEC. 207. SCOPE OF REVIEW.
Section 706 of title 5, United States Code is amended--
(1) by striking ``To the extent necessary'' and inserting
``(a) To the extent necessary'';
(2) in paragraph (2)(A) of subsection (a) (as designated by
paragraph (1) of this section), by inserting after ``in
accordance with law'' the following: ``(including the
Information Quality Act)''; and
(3) by adding at the end the following:
``(b) The court shall not defer to the agency's--
``(1) interpretation of an agency rule if the agency did
not comply with the procedures of section 553 or sections 556-
557 of chapter 5 of this title to issue the interpretation;
``(2) determination of the costs and benefits or other
economic or risk assessment of the action, if the agency failed
to conform to guidelines on such determinations and assessments
established by the Administrator of the Office of Information
and Regulatory Affairs under section 553(k);
``(3) determinations made in the adoption of an interim
rule; or
``(4) guidance.
``(c) The court shall review agency denials of petitions under
section 553(e)(6) or any other petition for a hearing under sections
556 and 557 for abuse of agency discretion.''.
SEC. 208. ADDED DEFINITION.
Section 701(b) of title 5, United States Code, is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end,
and inserting ``; and''; and
(3) by adding at the end the following:
``(3) `substantial evidence' means such relevant evidence
as a reasonable mind might accept as adequate to support a
conclusion in light of the record considered as a whole, taking
into account whatever in the record fairly detracts from the
weight of the evidence relied upon by the agency to support its
decision.''.
SEC. 209. EFFECTIVE DATE.
The amendments made by this title to--
(1) sections 553, 556, and 704 of title 5, United States
Code;
(2) subsection (b) of section 701 of such title;
(3) paragraphs (2) and (3) of section 706(b) of such title;
and
(4) subsection (c) of section 706 of such title,
shall not apply to any rule makings pending or completed on the date of
enactment of this title.
TITLE III--REGULATORY FLEXIBILITY IMPROVEMENTS ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Regulatory Flexibility
Improvements Act of 2014''.
SEC. 302. CLARIFICATION AND EXPANSION OF RULES COVERED BY THE
REGULATORY FLEXIBILITY ACT.
(a) In General.--Paragraph (2) of section 601 of title 5, United
States Code, is amended to read as follows:
``(2) Rule.--The term `rule' has the meaning given such
term in section 551(4) of this title, except that such term
does not include a rule pertaining to the protection of the
rights of and benefits for veterans or a rule of particular
(and not general) applicability relating to rates, wages,
corporate or financial structures or reorganizations thereof,
prices, facilities, appliances, services, or allowances
therefor or to valuations, costs or accounting, or practices
relating to such rates, wages, structures, prices, appliances,
services, or allowances.''.
(b) Inclusion of Rules With Indirect Effects.--Section 601 of title
5, United States Code, is amended by adding at the end the following
new paragraph:
``(9) Economic impact.--The term `economic impact' means,
with respect to a proposed or final rule--
``(A) any direct economic effect on small entities
of such rule; and
``(B) any indirect economic effect (including
compliance costs and effects on revenue) on small
entities which is reasonably foreseeable and results
from such rule (without regard to whether small
entities will be directly regulated by the rule).''.
(c) Inclusion of Rules With Beneficial Effects.--
(1) Initial regulatory flexibility analysis.--Subsection
(c) of section 603 of title 5, United States Code, is amended
by striking the first sentence and inserting ``Each initial
regulatory flexibility analysis shall also contain a detailed
description of alternatives to the proposed rule which minimize
any adverse significant economic impact or maximize any
beneficial significant economic impact on small entities.''.
(2) Final regulatory flexibility analysis.--The first
paragraph (6) of section 604(a) of title 5, United States Code,
is amended by striking ``minimize the significant economic
impact'' and inserting ``minimize the adverse significant
economic impact or maximize the beneficial significant economic
impact''.
(d) Inclusion of Rules Affecting Tribal Organizations.--Paragraph
(5) of section 601 of title 5, United States Code, is amended by
inserting ``and tribal organizations (as defined in section 4(l) of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b(l))),'' after ``special districts,''.
(e) Inclusion of Land Management Plans and Formal Rulemaking.--
(1) Initial regulatory flexibility analysis.--Subsection
(a) of section 603 of title 5, United States Code, is amended
in the first sentence--
(A) by striking ``or'' after ``proposed rule,'';
and
(B) by inserting ``or publishes a revision or
amendment to a land management plan,'' after ``United
States,''.
(2) Final regulatory flexibility analysis.--Subsection (a)
of section 604 of title 5, United States Code, is amended in
the first sentence--
(A) by striking ``or'' after ``proposed
rulemaking,''; and
(B) by inserting ``or adopts a revision or
amendment to a land management plan,'' after ``section
603(a),''.
(3) Land management plan defined.--Section 601 of title 5,
United States Code, is amended by adding at the end the
following new paragraph:
``(10) Land management plan.--
``(A) In general.--The term `land management plan'
means--
``(i) any plan developed by the Secretary
of Agriculture under section 6 of the Forest
and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604); and
``(ii) any plan developed by the Secretary
of the Interior under section 202 of the
Federal Land Policy and Management Act of 1976
(43 U.S.C. 1712).
``(B) Revision.--The term `revision' means any
change to a land management plan which--
``(i) in the case of a plan described in
subparagraph (A)(i), is made under section
6(f)(5) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C.
1604(f)(5)); or
``(ii) in the case of a plan described in
subparagraph (A)(ii), is made under section
1610.5-6 of title 43, Code of Federal
Regulations (or any successor regulation).
``(C) Amendment.--The term `amendment' means any
change to a land management plan which--
``(i) in the case of a plan described in
subparagraph (A)(i), is made under section
6(f)(4) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C.
1604(f)(4)) and with respect to which the
Secretary of Agriculture prepares a statement
described in section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)); or
``(ii) in the case of a plan described in
subparagraph (A)(ii), is made under section
1610.5-5 of title 43, Code of Federal
Regulations (or any successor regulation) and
with respect to which the Secretary of the
Interior prepares a statement described in
section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).''.
(f) Inclusion of Certain Interpretive Rules Involving the Internal
Revenue Laws.--
(1) In general.--Subsection (a) of section 603 of title 5,
United States Code, is amended by striking the period at the
end and inserting ``or a recordkeeping requirement, and without
regard to whether such requirement is imposed by statute or
regulation.''.
(2) Collection of information.--Paragraph (7) of section
601 of title 5, United States Code, is amended to read as
follows:
``(7) Collection of information.--The term `collection of
information' has the meaning given such term in section 3502(3)
of title 44.''.
(3) Recordkeeping requirement.--Paragraph (8) of section
601 of title 5, United States Code, is amended to read as
follows:
``(8) Recordkeeping requirement.--The term `recordkeeping
requirement' has the meaning given such term in section
3502(13) of title 44.''.
(g) Definition of Small Organization.--Paragraph (4) of section 601
of title 5, United States Code, is amended to read as follows:
``(4) Small organization.--
``(A) In general.--The term `small organization'
means any not-for-profit enterprise which, as of the
issuance of the notice of proposed rulemaking--
``(i) in the case of an enterprise which is
described by a classification code of the North
American Industrial Classification System, does
not exceed the size standard established by the
Administrator of the Small Business
Administration pursuant to section 3 of the
Small Business Act (15 U.S.C. 632) for small
business concerns described by such
classification code; and
``(ii) in the case of any other enterprise,
has a net worth that does not exceed $7,000,000
and has not more than 500 employees.
``(B) Local labor organizations.--In the case of
any local labor organization, subparagraph (A) shall be
applied without regard to any national or international
organization of which such local labor organization is
a part.
``(C) Agency definitions.--Subparagraphs (A) and
(B) shall not apply to the extent that an agency, after
consultation with the Office of Advocacy of the Small
Business Administration and after opportunity for
public comment, establishes one or more definitions for
such term which are appropriate to the activities of
the agency and publishes such definitions in the
Federal Register.''.
SEC. 303. EXPANSION OF REPORT OF REGULATORY AGENDA.
Section 602 of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``, and'' at the
end and inserting ``;'';
(B) by redesignating paragraph (3) as paragraph
(4); and
(C) by inserting after paragraph (2) the following:
``(3) a brief description of the sector of the North
American Industrial Classification System that is primarily
affected by any rule which the agency expects to propose or
promulgate which is likely to have a significant economic
impact on a substantial number of small entities; and''; and
(2) in subsection (c), to read as follows:
``(c) Each agency shall prominently display a plain language
summary of the information contained in the regulatory flexibility
agenda published under subsection (a) on its website within 3 days of
its publication in the Federal Register. The Office of Advocacy of the
Small Business Administration shall compile and prominently display a
plain language summary of the regulatory agendas referenced in
subsection (a) for each agency on its website within 3 days of their
publication in the Federal Register.''.
SEC. 304. REQUIREMENTS PROVIDING FOR MORE DETAILED ANALYSES.
(a) Initial Regulatory Flexibility Analysis.--Subsection (b) of
section 603 of title 5, United States Code, is amended to read as
follows:
``(b) Each initial regulatory flexibility analysis required under
this section shall contain a detailed statement--
``(1) describing the reasons why action by the agency is
being considered;
``(2) describing the objectives of, and legal basis for,
the proposed rule;
``(3) estimating the number and type of small entities to
which the proposed rule will apply;
``(4) describing the projected reporting, recordkeeping,
and other compliance requirements of the proposed rule,
including an estimate of the classes of small entities which
will be subject to the requirement and the type of professional
skills necessary for preparation of the report and record;
``(5) describing all relevant Federal rules which may
duplicate, overlap, or conflict with the proposed rule, or the
reasons why such a description could not be provided;
``(6) estimating the additional cumulative economic impact
of the proposed rule on small entities beyond that already
imposed on the class of small entities by the agency or why
such an estimate is not available;
``(7) describing any disproportionate economic impact on
small entities or a specific class of small entities; and
``(8) describing any impairment of the ability of small
entities to have access to credit.''.
(b) Final Regulatory Flexibility Analysis.--
(1) In general.--Section 604(a) of title 5, United States
Code, is amended--
(A) in paragraph (4), by striking ``an
explanation'' and inserting ``a detailed explanation'';
(B) in each of paragraphs (4), (5), and the first
paragraph (6), by inserting ``detailed'' before
``description'';
(C) in the second paragraph (6), by striking the
period and inserting ``; and'';
(D) by redesignating the second paragraph (6) as
paragraph (7); and
(E) by adding at the end the following:
``(8) a detailed description of any disproportionate
economic impact on small entities or a specific class of small
entities.''.
(2) Inclusion of response to comments on certification of
proposed rule.--Paragraph (2) of section 604(a) of title 5,
United States Code, is amended by inserting ``(or certification
of the proposed rule under section 605(b))'' after ``initial
regulatory flexibility analysis''.
(3) Publication of analysis on website.--Subsection (b) of
section 604 of title 5, United States Code, is amended to read
as follows:
``(b) The agency shall make copies of the final regulatory
flexibility analysis available to the public, including placement of
the entire analysis on the agency's website, and shall publish in the
Federal Register the final regulatory flexibility analysis, or a
summary thereof which includes the telephone number, mailing address,
and link to the website where the complete analysis may be obtained.''.
(c) Cross-References to Other Analyses.--Subsection (a) of section
605 of title 5, United States Code, is amended to read as follows:
``(a) A Federal agency shall be treated as satisfying any
requirement regarding the content of an agenda or regulatory
flexibility analysis under section 602, 603, or 604, if such agency
provides in such agenda or analysis a cross-reference to the specific
portion of another agenda or analysis which is required by any other
law and which satisfies such requirement.''.
(d) Certifications.--Subsection (b) of section 605 of title 5,
United States Code, is amended--
(1) by inserting ``detailed'' before ``statement'' the
first place it appears; and
(2) by inserting ``and legal'' after ``factual''.
(e) Quantification Requirements.--Section 607 of title 5, United
States Code, is amended to read as follows:
``Sec. 607. Quantification requirements
``In complying with sections 603 and 604, an agency shall provide--
``(1) a quantifiable or numerical description of the
effects of the proposed or final rule and alternatives to the
proposed or final rule; or
``(2) a more general descriptive statement and a detailed
statement explaining why quantification is not practicable or
reliable.''.
SEC. 305. REPEAL OF WAIVER AND DELAY AUTHORITY; ADDITIONAL POWERS OF
THE CHIEF COUNSEL FOR ADVOCACY.
(a) In General.--Section 608 is amended to read as follows:
``Sec. 608. Additional powers of Chief Counsel for Advocacy
``(a)(1) Not later than 270 days after the date of the enactment of
this section, the Chief Counsel for Advocacy of the Small Business
Administration shall, after opportunity for notice and comment under
section 553, issue rules governing agency compliance with this chapter.
The Chief Counsel may modify or amend such rules after notice and
comment under section 553. This chapter (other than this subsection)
shall not apply with respect to the issuance, modification, and
amendment of rules under this paragraph.
``(2) An agency shall not issue rules which supplement the rules
issued under subsection (a) unless such agency has first consulted with
the Chief Counsel for Advocacy to ensure that such supplemental rules
comply with this chapter and the rules issued under paragraph (1).
``(b) Notwithstanding any other law, the Chief Counsel for Advocacy
of the Small Business Administration may intervene in any agency
adjudication (unless such agency is authorized to impose a fine or
penalty under such adjudication), and may inform the agency of the
impact that any decision on the record may have on small entities. The
Chief Counsel shall not initiate an appeal with respect to any
adjudication in which the Chief Counsel intervenes under this
subsection.
``(c) The Chief Counsel for Advocacy may file comments in response
to any agency notice requesting comment, regardless of whether the
agency is required to file a general notice of proposed rulemaking
under section 553.''.
(b) Conforming Amendments.--
(1) Section 611(a)(1) of such title is amended by striking
``608(b),''.
(2) Section 611(a)(2) of such title is amended by striking
``608(b),''.
(3) Section 611(a)(3) of such title is amended--
(A) by striking subparagraph (B); and
(B) by striking ``(3)(A) A small entity'' and
inserting the following:
``(3) A small entity''.
SEC. 306. PROCEDURES FOR GATHERING COMMENTS.
Section 609 of title 5, United States Code, is amended by striking
subsection (b) and all that follows through the end of the section and
inserting the following:
``(b)(1) Prior to publication of any proposed rule described in
subsection (e), an agency making such rule shall notify the Chief
Counsel for Advocacy of the Small Business Administration and provide
the Chief Counsel with--
``(A) all materials prepared or utilized by the agency in
making the proposed rule, including the draft of the proposed
rule; and
``(B) information on the potential adverse and beneficial
economic impacts of the proposed rule on small entities and the
type of small entities that might be affected.
``(2) An agency shall not be required under paragraph (1) to
provide the exact language of any draft if the rule--
``(A) relates to the internal revenue laws of the United
States; or
``(B) is proposed by an independent regulatory agency (as
defined in section 3502(5) of title 44).
``(c) Not later than 15 days after the receipt of such materials
and information under subsection (b), the Chief Counsel for Advocacy of
the Small Business Administration shall--
``(1) identify small entities or representatives of small
entities or a combination of both for the purpose of obtaining
advice, input, and recommendations from those persons about the
potential economic impacts of the proposed rule and the
compliance of the agency with section 603; and
``(2) convene a review panel consisting of an employee from
the Office of Advocacy of the Small Business Administration, an
employee from the agency making the rule, and in the case of an
agency other than an independent regulatory agency (as defined
in section 3502(5) of title 44), an employee from the Office of
Information and Regulatory Affairs of the Office of Management
and Budget to review the materials and information provided to
the Chief Counsel under subsection (b).
``(d)(1) Not later than 60 days after the review panel described in
subsection (c)(2) is convened, the Chief Counsel for Advocacy of the
Small Business Administration shall, after consultation with the
members of such panel, submit a report to the agency and, in the case
of an agency other than an independent regulatory agency (as defined in
section 3502(5) of title 44), the Office of Information and Regulatory
Affairs of the Office of Management and Budget.
``(2) Such report shall include an assessment of the economic
impact of the proposed rule on small entities, including an assessment
of the proposed rule's impact on the cost that small entities pay for
energy, an assessment of the proposed rule's impact on start-up costs
for small entities, and a discussion of any alternatives that will
minimize adverse significant economic impacts or maximize beneficial
significant economic impacts on small entities.
``(3) Such report shall become part of the rulemaking record. In
the publication of the proposed rule, the agency shall explain what
actions, if any, the agency took in response to such report.
``(e) A proposed rule is described by this subsection if the
Administrator of the Office of Information and Regulatory Affairs of
the Office of Management and Budget, the head of the agency (or the
delegatee of the head of the agency), or an independent regulatory
agency determines that the proposed rule is likely to result in--
``(1) an annual effect on the economy of $100,000,000 or
more;
``(2) a major increase in costs or prices for consumers,
individual industries, Federal, State, or local governments,
tribal organizations, or geographic regions;
``(3) significant adverse effects on competition,
employment, investment, productivity, innovation, or on the
ability of United States-based enterprises to compete with
foreign-based enterprises in domestic and export markets; or
``(4) a significant economic impact on a substantial number
of small entities.
``(f) Upon application by the agency, the Chief Counsel for
Advocacy of the Small Business Administration may waive the
requirements of subsections (b) through (e) if the Chief Counsel
determines that compliance with the requirements of such subsections
are impracticable, unnecessary, or contrary to the public interest.
``(g) A small entity or a representative of a small entity may
submit a request that the agency provide a copy of the report prepared
under subsection (d) and all materials and information provided to the
Chief Counsel for Advocacy of the Small Business Administration under
subsection (b). The agency receiving such request shall provide the
report, materials and information to the requesting small entity or
representative of a small entity not later than 10 business days after
receiving such request, except that the agency shall not disclose any
information that is prohibited from disclosure to the public pursuant
to section 552(b) of this title.''.
SEC. 307. PERIODIC REVIEW OF RULES.
Section 610 of title 5, United States Code, is amended to read as
follows:
``Sec. 610. Periodic review of rules
``(a) Not later than 180 days after the enactment of this section,
each agency shall publish in the Federal Register and place on its
website a plan for the periodic review of rules issued by the agency
which the head of the agency determines have a significant economic
impact on a substantial number of small entities. Such determination
shall be made without regard to whether the agency performed an
analysis under section 604. The purpose of the review shall be to
determine whether such rules should be continued without change, or
should be amended or rescinded, consistent with the stated objectives
of applicable statutes, to minimize any adverse significant economic
impacts or maximize any beneficial significant economic impacts on a
substantial number of small entities. Such plan may be amended by the
agency at any time by publishing the revision in the Federal Register
and subsequently placing the amended plan on the agency's website.
``(b) The plan shall provide for the review of all such agency
rules existing on the date of the enactment of this section within 10
years of the date of publication of the plan in the Federal Register
and for review of rules adopted after the date of enactment of this
section within 10 years after the publication of the final rule in the
Federal Register. If the head of the agency determines that completion
of the review of existing rules is not feasible by the established
date, the head of the agency shall so certify in a statement published
in the Federal Register and may extend the review for not longer than 2
years after publication of notice of extension in the Federal Register.
Such certification and notice shall be sent to the Chief Counsel for
Advocacy of the Small Business Administration and the Congress.
``(c) The plan shall include a section that details how an agency
will conduct outreach to and meaningfully include small businesses
(including small business concerns owned and controlled by women, small
business concerns owned and controlled by veterans, and small business
concerns owned and controlled by socially and economically
disadvantaged individuals (as such terms are defined in the Small
Business Act)) for the purposes of carrying out this section. The
agency shall include in this section a plan for how the agency will
contact small businesses and gather their input on existing agency
rules.
``(d) Each agency shall annually submit a report regarding the
results of its review pursuant to such plan to the Congress, the Chief
Counsel for Advocacy of the Small Business Administration, and, in the
case of agencies other than independent regulatory agencies (as defined
in section 3502(5) of title 44) to the Administrator of the Office of
Information and Regulatory Affairs of the Office of Management and
Budget. Such report shall include the identification of any rule with
respect to which the head of the agency made a determination described
in paragraph (5) or (6) of subsection (e) and a detailed explanation of
the reasons for such determination.
``(e) In reviewing a rule pursuant to subsections (a) through (d),
the agency shall amend or rescind the rule to minimize any adverse
significant economic impact on a substantial number of small entities
or disproportionate economic impact on a specific class of small
entities, or maximize any beneficial significant economic impact of the
rule on a substantial number of small entities to the greatest extent
possible, consistent with the stated objectives of applicable statutes.
In amending or rescinding the rule, the agency shall consider the
following factors:
``(1) The continued need for the rule.
``(2) The nature of complaints received by the agency from
small entities concerning the rule.
``(3) Comments by the Regulatory Enforcement Ombudsman and
the Chief Counsel for Advocacy of the Small Business
Administration.
``(4) The complexity of the rule.
``(5) The extent to which the rule overlaps, duplicates, or
conflicts with other Federal rules and, unless the head of the
agency determines it to be infeasible, State, territorial, and
local rules.
``(6) The contribution of the rule to the cumulative
economic impact of all Federal rules on the class of small
entities affected by the rule, unless the head of the agency
determines that such calculations cannot be made and reports
that determination in the annual report required under
subsection (d).
``(7) The length of time since the rule has been evaluated
or the degree to which technology, economic conditions, or
other factors have changed in the area affected by the rule.
``(f) Each year, each agency shall publish in the Federal Register
and on its website a list of rules to be reviewed pursuant to such
plan. The agency shall include in the publication a solicitation of
public comments on any further inclusions or exclusions of rules from
the list, and shall respond to such comments. Such publication shall
include a brief description of the rule, the reason why the agency
determined that it has a significant economic impact on a substantial
number of small entities (without regard to whether it had prepared a
final regulatory flexibility analysis for the rule), and request
comments from the public, the Chief Counsel for Advocacy of the Small
Business Administration, and the Regulatory Enforcement Ombudsman
concerning the enforcement of the rule.''.
SEC. 308. JUDICIAL REVIEW OF COMPLIANCE WITH THE REQUIREMENTS OF THE
REGULATORY FLEXIBILITY ACT AVAILABLE AFTER PUBLICATION OF
THE FINAL RULE.
(a) In General.--Paragraph (1) of section 611(a) of title 5, United
States Code, is amended by striking ``final agency action'' and
inserting ``such rule''.
(b) Jurisdiction.--Paragraph (2) of such section is amended by
inserting ``(or which would have such jurisdiction if publication of
the final rule constituted final agency action)'' after ``provision of
law,''.
(c) Time for Bringing Action.--Paragraph (3) of such section is
amended--
(1) by striking ``final agency action'' and inserting
``publication of the final rule''; and
(2) by inserting ``, in the case of a rule for which the
date of final agency action is the same date as the publication
of the final rule,'' after ``except that''.
(d) Intervention by Chief Counsel for Advocacy.--Subsection (b) of
section 612 of title 5, United States Code, is amended by inserting
before the first period ``or agency compliance with section 601, 603,
604, 605(b), 609, or 610''.
SEC. 309. JURISDICTION OF COURT OF APPEALS OVER RULES IMPLEMENTING THE
REGULATORY FLEXIBILITY ACT.
(a) In General.--Section 2342 of title 28, United States Code, is
amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (7) the following new
paragraph:
``(8) all final rules under section 608(a) of title 5.''.
(b) Conforming Amendments.--Paragraph (3) of section 2341 of title
28, United States Code, is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) the Office of Advocacy of the Small Business
Administration, when the final rule is under section
608(a) of title 5.''.
(c) Authorization To Intervene and Comment on Agency Compliance
With Administrative Procedure.--Subsection (b) of section 612 of title
5, United States Code, is amended by inserting ``chapter 5, and chapter
7,'' after ``this chapter,''.
SEC. 310. ESTABLISHMENT AND APPROVAL OF SMALL BUSINESS CONCERN SIZE
STANDARDS BY CHIEF COUNSEL FOR ADVOCACY.
(a) In General.--Subparagraph (A) of section 3(a)(2) of the Small
Business Act (15 U.S.C. 632(a)(2)(A)) is amended to read as follows:
``(A) In general.--In addition to the criteria
specified in paragraph (1)--
``(i) the Administrator may specify
detailed definitions or standards by which a
business concern may be determined to be a
small business concern for purposes of this Act
or the Small Business Investment Act of 1958;
and
``(ii) the Chief Counsel for Advocacy may
specify such definitions or standards for
purposes of any other Act.''.
(b) Approval by Chief Counsel.--Clause (iii) of section 3(a)(2)(C)
of the Small Business Act (15 U.S.C. 632(a)(2)(C)(iii)) is amended to
read as follows:
``(iii) except in the case of a size
standard prescribed by the Administrator, is
approved by the Chief Counsel for Advocacy.''.
(c) Industry Variation.--Paragraph (3) of section 3(a) of the Small
Business Act (15 U.S.C. 632(a)(3)) is amended--
(1) by inserting ``or Chief Counsel for Advocacy, as
appropriate'' before ``shall ensure''; and
(2) by inserting ``or Chief Counsel for Advocacy'' before
the period at the end.
(d) Judicial Review of Size Standards Approved by Chief Counsel.--
Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) is amended by
adding at the end the following new paragraph:
``(9) Judicial review of standards approved by chief
counsel.--In the case of an action for judicial review of a
rule which includes a definition or standard approved by the
Chief Counsel for Advocacy under this subsection, the party
seeking such review shall be entitled to join the Chief Counsel
as a party in such action.''.
SEC. 311. CLERICAL AMENDMENTS.
(a) Definitions.--Section 601 of title 5, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking the semicolon at the end and
inserting a period; and
(B) by striking ``(1) the term'' and inserting the
following:
``(1) Agency.--The term'';
(2) in paragraph (3)--
(A) by striking the semicolon at the end and
inserting a period; and
(B) by striking ``(3) the term'' and inserting the
following:
``(3) Small business.--The term'';
(3) in paragraph (5)--
(A) by striking the semicolon at the end and
inserting a period; and
(B) by striking ``(5) the term'' and inserting the
following:
``(5) Small governmental jurisdiction.--The term''; and
(4) in paragraph (6)--
(A) by striking ``; and'' and inserting a period;
and
(B) by striking ``(6) the term'' and inserting the
following:
``(6) Small entity.--The term''.
(b) Incorporations by Reference and Certifications.--The heading of
section 605 of title 5, United States Code, is amended to read as
follows:
``Sec. 605. Incorporations by reference and certifications''.
(c) Table of Sections.--The table of sections for chapter 6 of
title 5, United States Code, is amended--
(1) by striking the item relating to section 605 and
inserting the following new item:
``605. Incorporations by reference and certifications.'';
(2) by striking the item relating to section 607 and
inserting the following new item:
``607. Quantification requirements.'';
and
(3) by striking the item relating to section 608 and
inserting the following:
``608. Additional powers of Chief Counsel for Advocacy.''.
(d) Other Clerical Amendments to Chapter 6.--Chapter 6 of title 5,
United States Code, is amended in section 603(d)--
(1) by striking paragraph (2);
(2) by striking ``(1) For a covered agency,'' and inserting
``For a covered agency,'';
(3) by striking ``(A) any'' and inserting ``(1) any'';
(4) by striking ``(B) any'' and inserting ``(2) any''; and
(5) by striking ``(C) advice'' and inserting ``(3)
advice''.
SEC. 312. AGENCY PREPARATION OF GUIDES.
Section 212(a)(5) the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601 note) is amended to read as follows:
``(5) Agency preparation of guides.--The agency shall, in
its sole discretion, taking into account the subject matter of
the rule and the language of relevant statutes, ensure that the
guide is written using sufficiently plain language likely to be
understood by affected small entities. Agencies may prepare
separate guides covering groups or classes of similarly
affected small entities and may cooperate with associations of
small entities to distribute such guides. In developing guides,
agencies shall solicit input from affected small entities or
associations of affected small entities. An agency may prepare
guides and apply this section with respect to a rule or a group
of related rules.''.
SEC. 313. COMPTROLLER GENERAL REPORT.
Not later than 90 days after the date of enactment of this title,
the Comptroller General of the United States shall complete and publish
a study that examines whether the Chief Counsel for Advocacy of the
Small Business Administration has the capacity and resources to carry
out the duties of the Chief Counsel under this title and the amendments
made by this title.
TITLE IV--SUNSHINE FOR REGULATORY DECREES AND SETTLEMENTS ACT
SEC. 401. SHORT TITLE.
This title may be cited as the ``Sunshine for Regulatory Decrees
and Settlements Act of 2014''.
SEC. 402. DEFINITIONS.
In this title--
(1) the terms ``agency'' and ``agency action'' have the
meanings given those terms under section 551 of title 5, United
States Code;
(2) the term ``covered civil action'' means a civil
action--
(A) seeking to compel agency action;
(B) alleging that the agency is unlawfully
withholding or unreasonably delaying an agency action
relating to a regulatory action that would affect the
rights of--
(i) private persons other than the person
bringing the action; or
(ii) a State, local, or tribal government;
and
(C) brought under--
(i) chapter 7 of title 5, United States
Code; or
(ii) any other statute authorizing such an
action;
(3) the term ``covered consent decree'' means--
(A) a consent decree entered into in a covered
civil action; and
(B) any other consent decree that requires agency
action relating to a regulatory action that affects the
rights of--
(i) private persons other than the person
bringing the action; or
(ii) a State, local, or tribal government;
(4) the term ``covered consent decree or settlement
agreement'' means a covered consent decree and a covered
settlement agreement; and
(5) the term ``covered settlement agreement'' means--
(A) a settlement agreement entered into in a
covered civil action; and
(B) any other settlement agreement that requires
agency action relating to a regulatory action that
affects the rights of--
(i) private persons other than the person
bringing the action; or
(ii) a State, local, or tribal government.
SEC. 403. CONSENT DECREE AND SETTLEMENT REFORM.
(a) Pleadings and Preliminary Matters.--
(1) In general.--In any covered civil action, the agency
against which the covered civil action is brought shall publish
the notice of intent to sue and the complaint in a readily
accessible manner, including by making the notice of intent to
sue and the complaint available online not later than 15 days
after receiving service of the notice of intent to sue or
complaint, respectively.
(2) Entry of a covered consent decree or settlement
agreement.--A party may not make a motion for entry of a
covered consent decree or to dismiss a civil action pursuant to
a covered settlement agreement until after the end of
proceedings in accordance with paragraph (1) and subparagraphs
(A) and (B) of paragraph (2) of subsection (d) or subsection
(d)(3)(A), whichever is later.
(b) Intervention.--
(1) Rebuttable presumption.--In considering a motion to
intervene in a covered civil action or a civil action in which
a covered consent decree or settlement agreement has been
proposed that is filed by a person who alleges that the agency
action in dispute would affect the person, the court shall
presume, subject to rebuttal, that the interests of the person
would not be represented adequately by the existing parties to
the action.
(2) State, local, and tribal governments.--In considering a
motion to intervene in a covered civil action or a civil action
in which a covered consent decree or settlement agreement has
been proposed that is filed by a State, local, or tribal
government, the court shall take due account of whether the
movant--
(A) administers jointly with an agency that is a
defendant in the action the statutory provisions that
give rise to the regulatory action to which the action
relates; or
(B) administers an authority under State, local, or
tribal law that would be preempted by the regulatory
action to which the action relates.
(c) Settlement Negotiations.--Efforts to settle a covered civil
action or otherwise reach an agreement on a covered consent decree or
settlement agreement shall--
(1) be conducted pursuant to the mediation or alternative
dispute resolution program of the court or by a district judge
other than the presiding judge, magistrate judge, or special
master, as determined appropriate by the presiding judge; and
(2) include any party that intervenes in the action.
(d) Publication of and Comment on Covered Consent Decrees or
Settlement Agreements.--
(1) In general.--Not later than 60 days before the date on
which a covered consent decree or settlement agreement is filed
with a court, the agency seeking to enter the covered consent
decree or settlement agreement shall publish in the Federal
Register and online--
(A) the proposed covered consent decree or
settlement agreement; and
(B) a statement providing--
(i) the statutory basis for the covered
consent decree or settlement agreement; and
(ii) a description of the terms of the
covered consent decree or settlement agreement,
including whether it provides for the award of
attorneys' fees or costs and, if so, the basis
for including the award.
(2) Public comment.--
(A) In general.--An agency seeking to enter a
covered consent decree or settlement agreement shall
accept public comment during the period described in
paragraph (1) on any issue relating to the matters
alleged in the complaint in the applicable civil action
or addressed or affected by the proposed covered
consent decree or settlement agreement.
(B) Response to comments.--An agency shall respond
to any comment received under subparagraph (A).
(C) Submissions to court.--When moving that the
court enter a proposed covered consent decree or
settlement agreement or for dismissal pursuant to a
proposed covered consent decree or settlement
agreement, an agency shall--
(i) inform the court of the statutory basis
for the proposed covered consent decree or
settlement agreement and its terms;
(ii) submit to the court a summary of the
comments received under subparagraph (A) and
the response of the agency to the comments;
(iii) submit to the court a certified index
of the administrative record of the notice and
comment proceeding; and
(iv) make the administrative record
described in clause (iii) fully accessible to
the court.
(D) Inclusion in record.--The court shall include
in the court record for a civil action the certified
index of the administrative record submitted by an
agency under subparagraph (C)(iii) and any documents
listed in the index which any party or amicus curiae
appearing before the court in the action submits to the
court.
(3) Public hearings permitted.--
(A) In general.--After providing notice in the
Federal Register and online, an agency may hold a
public hearing regarding whether to enter into a
proposed covered consent decree or settlement
agreement.
(B) Record.--If an agency holds a public hearing
under subparagraph (A)--
(i) the agency shall--
(I) submit to the court a summary
of the proceedings;
(II) submit to the court a
certified index of the hearing record;
and
(III) provide access to the hearing
record to the court; and
(ii) the full hearing record shall be
included in the court record.
(4) Mandatory deadlines.--If a proposed covered consent
decree or settlement agreement requires an agency action by a
date certain, the agency shall, when moving for entry of the
covered consent decree or settlement agreement or dismissal
based on the covered consent decree or settlement agreement,
inform the court of--
(A) any required regulatory action the agency has
not taken that the covered consent decree or settlement
agreement does not address;
(B) how the covered consent decree or settlement
agreement, if approved, would affect the discharge of
the duties described in subparagraph (A); and
(C) why the effects of the covered consent decree
or settlement agreement on the manner in which the
agency discharges its duties is in the public interest.
(e) Submission by the Government.--
(1) In general.--For any proposed covered consent decree or
settlement agreement that contains a term described in
paragraph (2), the Attorney General or, if the matter is being
litigated independently by an agency, the head of the agency
shall submit to the court a certification that the Attorney
General or head of the agency approves the proposed covered
consent decree or settlement agreement. The Attorney General or
head of the agency shall personally sign any certification
submitted under this paragraph.
(2) Terms.--A term described in this paragraph is--
(A) in the case of a covered consent decree, a term
that--
(i) converts into a nondiscretionary duty a
discretionary authority of an agency to
propose, promulgate, revise, or amend
regulations;
(ii) commits an agency to expend funds that
have not been appropriated and that have not
been budgeted for the regulatory action in
question;
(iii) commits an agency to seek a
particular appropriation or budget
authorization;
(iv) divests an agency of discretion
committed to the agency by statute or the
Constitution of the United States, without
regard to whether the discretion was granted to
respond to changing circumstances, to make
policy or managerial choices, or to protect the
rights of third parties; or
(v) otherwise affords relief that the court
could not enter under its own authority upon a
final judgment in the civil action; or
(B) in the case of a covered settlement agreement,
a term--
(i) that provides a remedy for a failure by
the agency to comply with the terms of the
covered settlement agreement other than the
revival of the civil action resolved by the
covered settlement agreement; and
(ii) that--
(I) interferes with the authority
of an agency to revise, amend, or issue
rules under the procedures set forth in
chapter 5 of title 5, United States
Code, or any other statute or Executive
order prescribing rulemaking procedures
for a rulemaking that is the subject of
the covered settlement agreement;
(II) commits the agency to expend
funds that have not been appropriated
and that have not been budgeted for the
regulatory action in question; or
(III) for such a covered settlement
agreement that commits the agency to
exercise in a particular way discretion
which was committed to the agency by
statute or the Constitution of the
United States to respond to changing
circumstances, to make policy or
managerial choices, or to protect the
rights of third parties.
(f) Review by Court.--
(1) Amicus.--A court considering a proposed covered consent
decree or settlement agreement shall presume, subject to
rebuttal, that it is proper to allow amicus participation
relating to the covered consent decree or settlement agreement
by any person who filed public comments or participated in a
public hearing on the covered consent decree or settlement
agreement under paragraph (2) or (3) of subsection (d).
(2) Review of deadlines.--
(A) Proposed covered consent decrees.--For a
proposed covered consent decree, a court shall not
approve the covered consent decree unless the proposed
covered consent decree allows sufficient time and
incorporates adequate procedures for the agency to
comply with chapter 5 of title 5, United States Code,
and other applicable statutes that govern rulemaking
and, unless contrary to the public interest, the
provisions of any Executive order that governs
rulemaking.
(B) Proposed covered settlement agreements.--For a
proposed covered settlement agreement, a court shall
ensure that the covered settlement agreement allows
sufficient time and incorporates adequate procedures
for the agency to comply with chapter 5 of title 5,
United States Code, and other applicable statutes that
govern rulemaking and, unless contrary to the public
interest, the provisions of any Executive order that
governs rulemaking.
(g) Annual Reports.--Each agency shall submit to Congress an annual
report that, for the year covered by the report, includes--
(1) the number, identity, and content of covered civil
actions brought against and covered consent decrees or
settlement agreements entered against or into by the agency;
and
(2) a description of the statutory basis for--
(A) each covered consent decree or settlement
agreement entered against or into by the agency; and
(B) any award of attorneys fees or costs in a civil
action resolved by a covered consent decree or
settlement agreement entered against or into by the
agency.
SEC. 404. MOTIONS TO MODIFY CONSENT DECREES.
If an agency moves a court to modify a covered consent decree or
settlement agreement and the basis of the motion is that the terms of
the covered consent decree or settlement agreement are no longer fully
in the public interest due to the obligations of the agency to fulfill
other duties or due to changed facts and circumstances, the court shall
review the motion and the covered consent decree or settlement
agreement de novo.
SEC. 405. EFFECTIVE DATE.
This title shall apply to--
(1) any covered civil action filed on or after the date of
enactment of this title; and
(2) any covered consent decree or settlement agreement
proposed to a court on or after the date of enactment of this
title.
DIVISION IV--JUDICIARY
TITLE I--REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY
SEC. 101. SHORT TITLE.
This title may be cited as the ``Regulations From the Executive in
Need of Scrutiny Act of 2014''.
SEC. 102. PURPOSE.
The purpose of this title is to increase accountability for and
transparency in the Federal regulatory process. Section 1 of article I
of the United States Constitution grants all legislative powers to
Congress. Over time, Congress has excessively delegated its
constitutional charge while failing to conduct appropriate oversight
and retain accountability for the content of the laws it passes. By
requiring a vote in Congress, the REINS Act will result in more
carefully drafted and detailed legislation, an improved regulatory
process, and a legislative branch that is truly accountable to the
American people for the laws imposed upon them. Moreover, as a tax on
carbon emissions increases energy costs on consumers, reduces economic
growth and is therefore detrimental to individuals, families and
businesses, the REINS Act includes in the definition of a major rule,
any rule that implements or provides for the imposition or collection
of a tax on carbon emissions.
SEC. 103. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.
Chapter 8 of title 5, United States Code, is amended to read as
follows:
``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
``Sec.
``801. Congressional review.
``802. Congressional approval procedure for major rules.
``803. Congressional disapproval procedure for nonmajor rules.
``804. Definitions.
``805. Judicial review.
``806. Exemption for monetary policy.
``807. Effective date of certain rules.
``Sec. 801. Congressional review
``(a)(1)(A) Before a rule may take effect, the Federal agency
promulgating such rule shall submit to each House of the Congress and
to the Comptroller General a report containing--
``(i) a copy of the rule;
``(ii) a concise general statement relating to the rule;
``(iii) a classification of the rule as a major or nonmajor
rule, including an explanation of the classification
specifically addressing each criteria for a major rule
contained within clauses (i) through (iii) of section 804(2)(A)
or within section 804(2)(B);
``(iv) a list of any other related regulatory actions taken
by or that will be taken by the Federal agency promulgating the
rule that are intended to implement the same statutory
provision or regulatory objective as well as the individual and
aggregate economic effects of those actions;
``(v) a list of any other related regulatory actions taken
by or that will be taken by any other Federal agency with
authority to implement the same statutory provision or
regulatory objective that are intended to implement such
provision or objective, of which the Federal agency
promulgating the rule is aware, as well as the individual and
aggregate economic effects of those actions; and
``(vi) the proposed effective date of the rule.
``(B) On the date of the submission of the report under
subparagraph (A), the Federal agency promulgating the rule shall submit
to the Comptroller General and make available to each House of
Congress--
``(i) a complete copy of the cost-benefit analysis of the
rule, if any, including an analysis of any jobs added or lost,
differentiating between public and private sector jobs;
``(ii) the agency's actions pursuant to sections 603, 604,
605, 607, and 609 of this title;
``(iii) the agency's actions pursuant to sections 202, 203,
204, and 205 of the Unfunded Mandates Reform Act of 1995; and
``(iv) any other relevant information or requirements under
any other Act and any relevant Executive orders.
``(C) Upon receipt of a report submitted under subparagraph (A),
each House shall provide copies of the report to the chairman and
ranking member of each standing committee with jurisdiction under the
rules of the House of Representatives or the Senate to report a bill to
amend the provision of law under which the rule is issued.
``(2)(A) The Comptroller General shall provide a report on each
major rule to the committees of jurisdiction by the end of 15 calendar
days after the submission or publication date. The report of the
Comptroller General shall include an assessment of the agency's
compliance with procedural steps required by paragraph (1)(B) and an
assessment of whether the major rule imposes any new limits or mandates
on private-sector activity.
``(B) Federal agencies shall cooperate with the Comptroller General
by providing information relevant to the Comptroller General's report
under subparagraph (A).
``(3) A major rule relating to a report submitted under paragraph
(1) shall take effect upon enactment of a joint resolution of approval
described in section 802 or as provided for in the rule following
enactment of a joint resolution of approval described in section 802,
whichever is later.
``(4) A nonmajor rule shall take effect as provided by section 803
after submission to Congress under paragraph (1).
``(5) If a joint resolution of approval relating to a major rule is
not enacted within the period provided in subsection (b)(2), then a
joint resolution of approval relating to the same rule may not be
considered under this chapter in the same Congress by either the House
of Representatives or the Senate.
``(b)(1) A major rule shall not take effect unless the Congress
enacts a joint resolution of approval described under section 802.
``(2) If a joint resolution described in subsection (a) is not
enacted into law by the end of 70 session days or legislative days, as
applicable, beginning on the date on which the report referred to in
section 801(a)(1)(A) is received by Congress (excluding days either
House of Congress is adjourned for more than 3 days during a session of
Congress), then the rule described in that resolution shall be deemed
not to be approved and such rule shall not take effect.
``(c)(1) Notwithstanding any other provision of this section
(except subject to paragraph (3)), a major rule may take effect for one
90-calendar-day period if the President makes a determination under
paragraph (2) and submits written notice of such determination to the
Congress.
``(2) Paragraph (1) applies to a determination made by the
President by Executive order that the major rule should take effect
because such rule is--
``(A) necessary because of an imminent threat to health or
safety or other emergency;
``(B) necessary for the enforcement of criminal laws;
``(C) necessary for national security; or
``(D) issued pursuant to any statute implementing an
international trade agreement.
``(3) An exercise by the President of the authority under this
subsection shall have no effect on the procedures under section 802.
``(d)(1) In addition to the opportunity for review otherwise
provided under this chapter, in the case of any rule for which a report
was submitted in accordance with subsection (a)(1)(A) during the period
beginning on the date occurring--
``(A) in the case of the Senate, 60 session days, or
``(B) in the case of the House of Representatives, 60
legislative days,
before the date the Congress is scheduled to adjourn a session of
Congress through the date on which the same or succeeding Congress
first convenes its next session, sections 802 and 803 shall apply to
such rule in the succeeding session of Congress.
``(2)(A) In applying sections 802 and 803 for purposes of such
additional review, a rule described under paragraph (1) shall be
treated as though--
``(i) such rule were published in the Federal Register on--
``(I) in the case of the Senate, the 15th session
day, or
``(II) in the case of the House of Representatives,
the 15th legislative day,
after the succeeding session of Congress first convenes; and
``(ii) a report on such rule were submitted to Congress
under subsection (a)(1) on such date.
``(B) Nothing in this paragraph shall be construed to affect the
requirement under subsection (a)(1) that a report shall be submitted to
Congress before a rule can take effect.
``(3) A rule described under paragraph (1) shall take effect as
otherwise provided by law (including other subsections of this
section).
``Sec. 802. Congressional approval procedure for major rules
``(a)(1) For purposes of this section, the term `joint resolution'
means only a joint resolution addressing a report classifying a rule as
major pursuant to section 801(a)(1)(A)(iii) that--
``(A) bears no preamble;
``(B) bears the following title (with blanks filled as
appropriate): `Approving the rule submitted by ___ relating to
___.';
``(C) includes after its resolving clause only the
following (with blanks filled as appropriate): `That Congress
approves the rule submitted by ___ relating to ___.'; and
``(D) is introduced pursuant to paragraph (2).
``(2) After a House of Congress receives a report classifying a
rule as major pursuant to section 801(a)(1)(A)(iii), the majority
leader of that House (or his or her respective designee) shall
introduce (by request, if appropriate) a joint resolution described in
paragraph (1)--
``(A) in the case of the House of Representatives, within
three legislative days; and
``(B) in the case of the Senate, within three session days.
``(3) A joint resolution described in paragraph (1) shall not be
subject to amendment at any stage of proceeding.
``(b) A joint resolution described in subsection (a) shall be
referred in each House of Congress to the committees having
jurisdiction over the provision of law under which the rule is issued.
``(c) In the Senate, if the committee or committees to which a
joint resolution described in subsection (a) has been referred have not
reported it at the end of 15 session days after its introduction, such
committee or committees shall be automatically discharged from further
consideration of the resolution and it shall be placed on the calendar.
A vote on final passage of the resolution shall be taken on or before
the close of the 15th session day after the resolution is reported by
the committee or committees to which it was referred, or after such
committee or committees have been discharged from further consideration
of the resolution.
``(d)(1) In the Senate, when the committee or committees to which a
joint resolution is referred have reported, or when a committee or
committees are discharged (under subsection (c)) from further
consideration of a joint resolution described in subsection (a), it is
at any time thereafter in order (even though a previous motion to the
same effect has been disagreed to) for a motion to proceed to the
consideration of the joint resolution, and all points of order against
the joint resolution (and against consideration of the joint
resolution) are waived. The motion is not subject to amendment, or to a
motion to postpone, or to a motion to proceed to the consideration of
other business. A motion to reconsider the vote by which the motion is
agreed to or disagreed to shall not be in order. If a motion to proceed
to the consideration of the joint resolution is agreed to, the joint
resolution shall remain the unfinished business of the Senate until
disposed of.
``(2) In the Senate, debate on the joint resolution, and on all
debatable motions and appeals in connection therewith, shall be limited
to not more than 2 hours, which shall be divided equally between those
favoring and those opposing the joint resolution. A motion to further
limit debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution is not in
order.
``(3) In the Senate, immediately following the conclusion of the
debate on a joint resolution described in subsection (a), and a single
quorum call at the conclusion of the debate if requested in accordance
with the rules of the Senate, the vote on final passage of the joint
resolution shall occur.
``(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure relating to a
joint resolution described in subsection (a) shall be decided without
debate.
``(e) In the House of Representatives, if any committee to which a
joint resolution described in subsection (a) has been referred has not
reported it to the House at the end of 15 legislative days after its
introduction, such committee shall be discharged from further
consideration of the joint resolution, and it shall be placed on the
appropriate calendar. On the second and fourth Thursdays of each month
it shall be in order at any time for the Speaker to recognize a Member
who favors passage of a joint resolution that has appeared on the
calendar for at least 5 legislative days to call up that joint
resolution for immediate consideration in the House without
intervention of any point of order. When so called up a joint
resolution shall be considered as read and shall be debatable for 1
hour equally divided and controlled by the proponent and an opponent,
and the previous question shall be considered as ordered to its passage
without intervening motion. It shall not be in order to reconsider the
vote on passage. If a vote on final passage of the joint resolution has
not been taken by the third Thursday on which the Speaker may recognize
a Member under this subsection, such vote shall be taken on that day.
``(f)(1) If, before passing a joint resolution described in
subsection (a), one House receives from the other a joint resolution
having the same text, then--
``(A) the joint resolution of the other House shall not be
referred to a committee; and
``(B) the procedure in the receiving House shall be the
same as if no joint resolution had been received from the other
House until the vote on passage, when the joint resolution
received from the other House shall supplant the joint
resolution of the receiving House.
``(2) This subsection shall not apply to the House of
Representatives if the joint resolution received from the Senate is a
revenue measure.
``(g) If either House has not taken a vote on final passage of the
joint resolution by the last day of the period described in section
801(b)(2), then such vote shall be taken on that day.
``(h) This section and section 803 are enacted by Congress--
``(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such is
deemed to be part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution described in
subsection (a) and superseding other rules only where
explicitly so; and
``(2) with full recognition of the Constitutional right of
either House to change the rules (so far as they relate to the
procedure of that House) at any time, in the same manner and to
the same extent as in the case of any other rule of that House.
``Sec. 803. Congressional disapproval procedure for nonmajor rules
``(a) For purposes of this section, the term `joint resolution'
means only a joint resolution introduced in the period beginning on the
date on which the report referred to in section 801(a)(1)(A) is
received by Congress and ending 60 days thereafter (excluding days
either House of Congress is adjourned for more than 3 days during a
session of Congress), the matter after the resolving clause of which is
as follows: `That Congress disapproves the nonmajor rule submitted by
the ___ relating to ___, and such rule shall have no force or effect.'
(The blank spaces being appropriately filled in).
``(b) A joint resolution described in subsection (a) shall be
referred to the committees in each House of Congress with jurisdiction.
``(c) In the Senate, if the committee to which is referred a joint
resolution described in subsection (a) has not reported such joint
resolution (or an identical joint resolution) at the end of 15 session
days after the date of introduction of the joint resolution, such
committee may be discharged from further consideration of such joint
resolution upon a petition supported in writing by 30 Members of the
Senate, and such joint resolution shall be placed on the calendar.
``(d)(1) In the Senate, when the committee to which a joint
resolution is referred has reported, or when a committee is discharged
(under subsection (c)) from further consideration of a joint resolution
described in subsection (a), it is at any time thereafter in order
(even though a previous motion to the same effect has been disagreed
to) for a motion to proceed to the consideration of the joint
resolution, and all points of order against the joint resolution (and
against consideration of the joint resolution) are waived. The motion
is not subject to amendment, or to a motion to postpone, or to a motion
to proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or disagreed to
shall not be in order. If a motion to proceed to the consideration of
the joint resolution is agreed to, the joint resolution shall remain
the unfinished business of the Senate until disposed of.
``(2) In the Senate, debate on the joint resolution, and on all
debatable motions and appeals in connection therewith, shall be limited
to not more than 10 hours, which shall be divided equally between those
favoring and those opposing the joint resolution. A motion to further
limit debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution is not in
order.
``(3) In the Senate, immediately following the conclusion of the
debate on a joint resolution described in subsection (a), and a single
quorum call at the conclusion of the debate if requested in accordance
with the rules of the Senate, the vote on final passage of the joint
resolution shall occur.
``(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure relating to a
joint resolution described in subsection (a) shall be decided without
debate.
``(e) In the Senate the procedure specified in subsection (c) or
(d) shall not apply to the consideration of a joint resolution
respecting a nonmajor rule--
``(1) after the expiration of the 60 session days beginning
with the applicable submission or publication date, or
``(2) if the report under section 801(a)(1)(A) was
submitted during the period referred to in section 801(d)(1),
after the expiration of the 60 session days beginning on the
15th session day after the succeeding session of Congress first
convenes.
``(f) If, before the passage by one House of a joint resolution of
that House described in subsection (a), that House receives from the
other House a joint resolution described in subsection (a), then the
following procedures shall apply:
``(1) The joint resolution of the other House shall not be
referred to a committee.
``(2) With respect to a joint resolution described in
subsection (a) of the House receiving the joint resolution--
``(A) the procedure in that House shall be the same
as if no joint resolution had been received from the
other House; but
``(B) the vote on final passage shall be on the
joint resolution of the other House.
``Sec. 804. Definitions
``For purposes of this chapter--
``(1) The term `Federal agency' means any agency as that
term is defined in section 551(1).
``(2) The term `major rule' means any rule, including an
interim final rule, that the Administrator of the Office of
Information and Regulatory Affairs of the Office of Management
and Budget finds--
``(A) has resulted in or is likely to result in--
``(i) an annual effect on the economy of
$50,000,000 or more;
``(ii) a major increase in costs or prices
for consumers, individual industries, Federal,
State, or local government agencies, or
geographic regions; or
``(iii) significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the ability of
United States-based enterprises to compete with
foreign-based enterprises in domestic and
export markets; or
``(B) is made by the Administrator of the
Environmental Protection Agency and that would have a
significant impact on a substantial number of
agricultural entities, as determined by the Secretary
of Agriculture (who shall publish such determination in
the Federal Register);
``(C) is a rule that implements or provides for the
imposition or collection of a carbon tax; or
``(D) is made under the Patient Protection and
Affordable Care Act (Public Law 111-148).
``(3) The term `nonmajor rule' means any rule that is not a
major rule.
``(4) The term `rule' has the meaning given such term in
section 551, except that such term does not include any rule of
particular applicability, including a rule that approves or
prescribes for the future rates, wages, prices, services, or
allowances therefore, corporate or financial structures,
reorganizations, mergers, or acquisitions thereof, or
accounting practices or disclosures bearing on any of the
foregoing.
``(5) The term `submission date or publication date',
except as otherwise provided in this chapter, means--
``(A) in the case of a major rule, the date on
which the Congress receives the report submitted under
section 801(a)(1); and
``(B) in the case of a nonmajor rule, the later
of--
``(i) the date on which the Congress
receives the report submitted under section
801(a)(1); and
``(ii) the date on which the nonmajor rule
is published in the Federal Register, if so
published.
``(6) The term `agricultural entity' means any entity
involved in or related to agricultural enterprise, including
enterprises that are engaged in the business of production of
food and fiber, ranching and raising of livestock, aquaculture,
and all other farming and agricultural related industries.
``(7) The term `carbon tax' means a fee, levy, or price
on--
``(A) emissions, including carbon dioxide emissions
generated by the burning of coal, natural gas, or oil;
or
``(B) coal, natural gas, or oil based on emissions,
including carbon dioxide emissions that would be
generated through the fuel's combustion.
``Sec. 805. Judicial review
``(a) No determination, finding, action, or omission under this
chapter shall be subject to judicial review.
``(b) Notwithstanding subsection (a), a court may determine whether
a Federal agency has completed the necessary requirements under this
chapter for a rule to take effect.
``(c) The enactment of a joint resolution of approval under section
802 shall not be interpreted to serve as a grant or modification of
statutory authority by Congress for the promulgation of a rule, shall
not extinguish or affect any claim, whether substantive or procedural,
against any alleged defect in a rule, and shall not form part of the
record before the court in any judicial proceeding concerning a rule
except for purposes of determining whether or not the rule is in
effect.
``Sec. 806. Exemption for monetary policy
``Nothing in this chapter shall apply to rules that concern
monetary policy proposed or implemented by the Board of Governors of
the Federal Reserve System or the Federal Open Market Committee.
``Sec. 807. Effective date of certain rules
``Notwithstanding section 801--
``(1) any rule that establishes, modifies, opens, closes,
or conducts a regulatory program for a commercial,
recreational, or subsistence activity related to hunting,
fishing, or camping; or
``(2) any rule other than a major rule which an agency for
good cause finds (and incorporates the finding and a brief
statement of reasons therefore in the rule issued) that notice
and public procedure thereon are impracticable, unnecessary, or
contrary to the public interest,
shall take effect at such time as the Federal agency promulgating the
rule determines.''.
SEC. 104. BUDGETARY EFFECTS OF RULES SUBJECT TO SECTION 802 OF TITLE 5,
UNITED STATES CODE.
Section 257(b)(2) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by adding at the end the following new
subparagraph:
``(E) Budgetary effects of rules subject to section
802 of title 5, united states code.--Any rules subject
to the congressional approval procedure set forth in
section 802 of chapter 8 of title 5, United States
Code, affecting budget authority, outlays, or receipts
shall be assumed to be effective unless it is not
approved in accordance with such section.''.
SEC. 105. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF RULES.
(a) In General.--The Comptroller General of the United States shall
conduct a study to determine, as of the date of the enactment of this
Act--
(1) how many rules (as such term is defined in section 804
of title 5, United States Code) were in effect;
(2) how many major rules (as such term is defined in
section 804 of title 5, United States Code) were in effect; and
(3) the total estimated economic cost imposed by all such
rules.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit a report to Congress that contains the findings of the
study conducted under subsection (a).
TITLE II--PERMANENT INTERNET TAX FREEDOM
SEC. 201. SHORT TITLE.
This title may be cited as the ``Permanent Internet Tax Freedom
Act''.
SEC. 202. PERMANENT MORATORIUM ON INTERNET ACCESS TAXES AND MULTIPLE
AND DISCRIMINATORY TAXES ON ELECTRONIC COMMERCE.
(a) In General.--Section 1101(a) of the Internet Tax Freedom Act
(47 U.S.C. 151 note) is amended by striking `` during the period
beginning November 1, 2003, and ending November 1, 2014''.
(b) Effective Date.--The amendment made by this section shall apply
to taxes imposed after the date of the enactment of this Act.
DIVISION V--NATURAL RESOURCES
SUBDIVISION A--RESTORING HEALTHY FORESTS FOR HEALTHY COMMUNITIES
SEC. 100. SHORT TITLE.
This subdivision may be cited as the ``Restoring Healthy Forests
for Healthy Communities Act''.
TITLE I--RESTORING THE COMMITMENT TO RURAL COUNTIES AND SCHOOLS
SEC. 101. PURPOSES.
The purposes of this title are as follows:
(1) To restore employment and educational opportunities in,
and improve the economic stability of, counties containing
National Forest System land.
(2) To ensure that such counties have a dependable source
of revenue from National Forest System land.
(3) To reduce Forest Service management costs while also
ensuring the protection of United States forests resources.
SEC. 102. DEFINITIONS.
In this title:
(1) Annual volume requirement.--
(A) In general.--The term ``annual volume
requirement'', with respect to a Forest Reserve Revenue
Area, means a volume of national forest materials no
less than 50 percent of the sustained yield of the
Forest Reserve Revenue Area.
(B) Exclusions.--In determining the volume of
national forest materials or the sustained yield of a
Forest Reserve Revenue Area, the Secretary may not
include non-commercial post and pole sales and personal
use firewood.
(2) Beneficiary county.--The term ``beneficiary county''
means a political subdivision of a State that, on account of
containing National Forest System land, was eligible to receive
payments through the State under title I of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16 U.S.C.
7111 et seq.).
(3) Catastrophic event.--The term ``catastrophic event''
means an event (including severe fire, insect or disease
infestations, windthrow, or other extreme weather or natural
disaster) that the Secretary determines will cause or has
caused substantial damage to National Forest System land or
natural resources on National Forest System land.
(4) Covered forest reserve project.--The terms ``covered
forest reserve project'' and ``covered project'' mean a project
involving the management or sale of national forest materials
within a Forest Reserve Revenue Area to generate forest reserve
revenues and achieve the annual volume requirement for the
Forest Reserve Revenue Area.
(5) Forest reserve revenue area.--
(A) In general.--The term ``Forest Reserve Revenue
Area'' means National Forest System land in a unit of
the National Forest System designated for sustainable
forest management for the production of national forest
materials and forest reserve revenues.
(B) Inclusions.--Subject to subparagraph (C), but
otherwise notwithstanding any other provision of law,
including executive orders and regulations, the
Secretary shall include in Forest Reserve Revenue Areas
not less than 50 percent of the National Forest System
lands identified as commercial forest land capable of
producing twenty cubic feet of timber per acre.
(C) Exclusions.--A Forest Reserve Revenue Area may
not include National Forest System land--
(i) that is a component of the National
Wilderness Preservation System;
(ii) on which the removal of vegetation is
specifically prohibited by Federal statute; or
(iii) that is within a National Monument as
of the date of the enactment of this Act.
(6) Forest reserve revenues.--The term ``forest reserve
revenues'' means revenues derived from the sale of national
forest materials in a Forest Reserve Revenue Area.
(7) National forest materials.--The term ``national forest
materials'' has the meaning given that term in section 14(e)(1)
of the National Forest Management Act of 1976 (16 U.S.C.
472a(e)(1)).
(8) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)), except that the term does not include
the National Grasslands and land utilization projects
designated as National Grasslands administered pursuant to the
Act of July 22, 1937 (7 U.S.C. 1010-1012).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(10) Sustained yield.--The term ``sustained yield'' means
the maximum annual growth potential of the forest calculated on
the basis of the culmination of mean annual increment using
cubic measurement.
(11) State.--The term ``State'' includes the Commonwealth
of Puerto Rico.
(12) 25-percent payment.--The term ``25-percent payment''
means the payment to States required by the sixth paragraph
under the heading of ``FOREST SERVICE'' in the Act of May 23,
1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act
of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).
SEC. 103. ESTABLISHMENT OF FOREST RESERVE REVENUE AREAS AND ANNUAL
VOLUME REQUIREMENTS.
(a) Establishment of Forest Reserve Revenue Areas.--Notwithstanding
any other provision of law, the Secretary shall establish one or more
Forest Reserve Revenue Areas within each unit of the National Forest
System.
(b) Deadline for Establishment.--The Secretary shall complete
establishment of the Forest Reserve Revenue Areas not later than 60
days after the date of enactment of this Act,
(c) Purpose.--The purpose of a Forest Reserve Revenue Area is to
provide a dependable source of 25-percent payments and economic
activity through sustainable forest management for each beneficiary
county containing National Forest System land.
(d) Fiduciary Responsibility.--The Secretary shall have a fiduciary
responsibility to beneficiary counties to manage Forest Reserve Revenue
Areas to satisfy the annual volume requirement.
(e) Determination of Annual Volume Requirement.--Not later than 30
days after the date of the establishment of a Forest Reserve Revenue
Area, the Secretary shall determine the annual volume requirement for
that Forest Reserve Revenue Area.
(f) Limitation on Reduction of Forest Reserve Revenue Areas.--Once
a Forest Reserve Revenue Area is established under subsection (a), the
Secretary may not reduce the number of acres of National Forest System
land included in that Forest Reserve Revenue Area.
(g) Map.--The Secretary shall provide a map of all Forest Reserve
Revenue Areas established under subsection (a) for each unit of the
National Forest System--
(1) to the Committee on Agriculture and the Committee on
Natural Resources of the House of Representatives; and
(2) to the Committee on Agriculture, Nutrition, and
Forestry and the Committee on Energy and Natural Resources of
the Senate.
(h) Recognition of Valid and Existing Rights.--Neither the
establishment of Forest Reserve Revenue Areas under subsection (a) nor
any other provision of this title shall be construed to limit or
restrict--
(1) access to National Forest System land for hunting,
fishing, recreation, and other related purposes; or
(2) valid and existing rights regarding National Forest
System land, including rights of any federally recognized
Indian tribe.
SEC. 104. MANAGEMENT OF FOREST RESERVE REVENUE AREAS.
(a) Requirement To Achieve Annual Volume Requirement.--Immediately
upon the establishment of a Forest Reserve Revenue Area, the Secretary
shall manage the Forest Reserve Revenue Area in the manner necessary to
achieve the annual volume requirement for the Forest Reserve Revenue
Area. The Secretary is authorized and encouraged to commence covered
forest reserve projects as soon as practicable after the date of the
enactment of this Act to begin generating forest reserve revenues.
(b) Standards for Projects Within Forest Reserve Revenue Areas.--
The Secretary shall conduct covered forest reserve projects within
Forest Reserve Revenue Areas in accordance with this section, which
shall serve as the sole means by which the Secretary will comply with
the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.)
and other laws applicable to the covered projects.
(c) Environmental Analysis Process for Projects in Forest Reserve
Revenue Areas.--
(1) Environmental assessment.--The Secretary shall give
published notice and complete an environmental assessment
pursuant to section 102(2) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)) for a covered forest reserve
project proposed to be conducted within a Forest Reserve
Revenue Area, except that the Secretary is not required to
study, develop, or describe any alternative to the proposed
agency action.
(2) Cumulative effects.--The Secretary shall consider
cumulative effects solely by evaluating the impacts of a
proposed covered forest reserve project combined with the
impacts of any other projects that were approved with a
Decision Notice or Record of Decision before the date on which
the Secretary published notice of the proposed covered project.
The cumulative effects of past projects may be considered in
the environmental assessment by using a description of the
current environmental conditions.
(3) Length.--The environmental assessment prepared for a
proposed covered forest reserve project shall not exceed 100
pages in length. The Secretary may incorporate in the
environmental assessment, by reference, any documents that the
Secretary determines, in the sole discretion of the Secretary,
are relevant to the assessment of the environmental effects of
the covered project.
(4) Deadline for completion.--The Secretary shall complete
the environmental assessment for a covered forest reserve
project within 180 days after the date on which the Secretary
published notice of the proposed covered project.
(5) Treatment of decision notice.--The decision notice for
a covered forest reserve project shall be considered a final
agency action and no additional analysis under the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) shall
be required to implement any portion of the covered project.
(6) Categorical exclusion.--A covered forest reserve
project that is proposed in response to a catastrophic event,
that covers an area of 10,000 acres or less, or an eligible
hazardous fuel reduction or forest health project proposed
under title II that involves the removal of insect-infected
trees, dead or dying trees, trees presenting a threat to public
safety, or other hazardous fuels within 500 feet of utility or
telephone infrastructure, campgrounds, roadsides, heritage
sites, recreation sites, schools, or other infrastructure,
shall be categorically excluded from the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C. 4331 et
seq.).
(d) Application of Land and Resource Management Plan.--The
Secretary may modify the standards and guidelines contained in the land
and resource management plan for the unit of the National Forest System
in which the covered forest reserve project will be carried out as
necessary to achieve the requirements of this subdivision. Section
6(g)(3)(E)(iv) of the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1604(g)(3)(E)(iv)) shall not apply to a covered
forest reserve project.
(e) Compliance With Endangered Species Act.--
(1) Non-jeopardy assessment.--If the Secretary determines
that a proposed covered forest reserve project may affect the
continued existence of any species listed as endangered or
threatened under section 4 of the Endangered Species Act of
1973 (16 U.S.C. 1533), the Secretary shall issue a
determination explaining the view of the Secretary that the
proposed covered project is not likely to jeopardize the
continued existence of the species.
(2) Submission, review, and response.--
(A) Submission.--The Secretary shall submit a
determination issued by the Secretary under paragraph
(1) to the Secretary of the Interior or the Secretary
of Commerce, as appropriate.
(B) Review and response.--Within 30 days after
receiving a determination under subparagraph (A), the
Secretary of the Interior or the Secretary of Commerce,
as appropriate, shall provide a written response to the
Secretary concurring in or rejecting the Secretary's
determination. If the Secretary of the Interior or the
Secretary of Commerce rejects the determination, the
written response shall include recommendations for
measures that--
(i) will avoid the likelihood of jeopardy
to an endangered or threatened species;
(ii) can be implemented in a manner
consistent with the intended purpose of the
covered forest reserve project;
(iii) can be implemented consistent with
the scope of the Secretary's legal authority
and jurisdiction; and
(iv) are economically and technologically
feasible.
(3) Formal consultation.--If the Secretary of the Interior
or the Secretary of Commerce rejects a determination issued by
the Secretary under paragraph (1), the Secretary of the
Interior or the Secretary of Commerce also is required to
engage in formal consultation with the Secretary. The
Secretaries shall complete such consultation pursuant to
section 7 of the Endangered Species Act of 1973 (16 U.S.C.
1536) within 90 days after the submission of the written
response under paragraph (2).
(f) Administrative and Judicial Review.--
(1) Administrative review.--Administrative review of a
covered forest reserve project shall occur only in accordance
with the special administrative review process established
under section 105 of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6515).
(2) Judicial review.--
(A) In general.--Judicial review of a covered
forest reserve project shall occur in accordance with
section 106 of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6516), except that a court of the
United States may not issue a restraining order,
preliminary injunction, or injunction pending appeal
covering a covered forest reserve project in response
to an allegation that the Secretary violated any
procedural requirement applicable to how the project
was selected, planned, or analyzed.
(B) Bond required.--A plaintiff challenging a
covered forest reserve project shall be required to
post a bond or other security acceptable to the court
for the reasonably estimated costs, expenses, and
attorneys fees of the Secretary as defendant. All
proceedings in the action shall be stayed until the
security is given. If the plaintiff has not complied
with the order to post such bond or other security
within 90 days after the date of service of the order,
then the action shall be dismissed with prejudice.
(C) Recovery.--If the Secretary prevails in the
case, the Secretary shall submit to the court a motion
for payment of all litigation expenses.
(g) Use of All-Terrain Vehicles for Management Activities.--The
Secretary may allow the use of all-terrain vehicles within the Forest
Reserve Revenue Areas for the purpose of activities associated with the
sale of national forest materials in a Forest Reserve Revenue Area.
SEC. 105. DISTRIBUTION OF FOREST RESERVE REVENUES.
(a) 25-Percent Payments.--The Secretary shall use forest reserve
revenues generated by a covered forest reserve project to make 25-
percent payments to States for the benefit of beneficiary counties.
(b) Deposit in Knutson-Vandenberg and Salvage Sale Funds.--After
compliance with subsection (a), the Secretary shall use forest reserve
revenues to make deposits into the fund established under section 3 of
the Act of June 9, 1930 (16 U.S.C. 576b; commonly known as the Knutson-
Vandenberg Fund) and the fund established under section 14(h) of the
National Forest Management Act of 1976 (16 U.S.C. 472a(h); commonly
known as the salvage sale fund) in contributions equal to the monies
otherwise collected under those Acts for projects conducted on National
Forest System land.
(c) Deposit in General Fund of the Treasury.--After compliance with
subsections (a) and (b), the Secretary shall deposit remaining forest
reserve revenues into the general fund of the Treasury.
SEC. 106. ANNUAL REPORT.
(a) Report Required.--Not later than 60 days after the end of each
fiscal year, the Secretary shall submit to Congress an annual report
specifying the annual volume requirement in effect for that fiscal year
for each Forest Reserve Revenue Area, the volume of board feet actually
harvested for each Forest Reserve Revenue Area, the average cost of
preparation for timber sales, the forest reserve revenues generated
from such sales, and the amount of receipts distributed to each
beneficiary county.
(b) Form of Report.--The information required by subsection (a) to
be provided with respect to a Forest Reserve Revenue Area shall be
presented on a single page. In addition to submitting each report to
Congress, the Secretary shall also make the report available on the
website of the Forest Service.
TITLE II--HEALTHY FOREST MANAGEMENT AND CATASTROPHIC WILDFIRE
PREVENTION
SEC. 201. PURPOSES.
The purposes of this title are as follows:
(1) To provide the Secretary of Agriculture and the
Secretary of the Interior with the tools necessary to reduce
the potential for wildfires.
(2) To expedite wildfire prevention projects to reduce the
chances of wildfire on certain high-risk Federal lands.
(3) To protect communities and forest habitat from
uncharacteristic wildfires.
(4) To enhance aquatic conditions and terrestrial wildlife
habitat.
(5) To restore diverse and resilient landscapes through
improved forest conditions.
SEC. 202. DEFINITIONS.
In this title:
(1) At-risk community.--The term ``at-risk community'' has
the meaning given that term in section 101 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511).
(2) At-risk forest.--The term ``at-risk forest'' means--
(A) Federal land in condition class II or III, as
those classes were developed by the Forest Service
Rocky Mountain Research Station in the general
technical report titled ``Development of Coarse-Scale
Spatial Data for Wildland Fire and Fuel Management''
(RMRS-87) and dated April 2000 or any subsequent
revision of the report; or
(B) Federal land where there exists a high risk of
losing an at-risk community, key ecosystem, water
supply, wildlife, or wildlife habitat to wildfire,
including catastrophic wildfire and post-fire
disturbances, as designated by the Secretary concerned.
(3) Federal land.--
(A) Covered land.--The term ``Federal land''
means--
(i) land of the National Forest System (as
defined in section 11(a) of the Forest and
Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a))); or
(ii) public lands (as defined in section
103 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1702)).
(B) Excluded land.--The term does not include
land--
(i) that is a component of the National
Wilderness Preservation System;
(ii) on which the removal of vegetation is
specifically prohibited by Federal statute; or
(iii) that is within a National Monument as
of the date of the enactment of this Act.
(4) High-risk area.--The term ``high-risk area'' means an
area of Federal land identified under section 205 as an area
suffering from the bark beetle epidemic, drought, or
deteriorating forest health conditions, with the resulting
imminent risk of devastating wildfires, or otherwise at high
risk for bark beetle infestation, drought, or wildfire.
(5) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, in the case of
National Forest System land; and
(B) the Secretary of the Interior, in the case of
public lands.
(6) Eligible hazardous fuel reduction and forest health
projects.--The terms ``hazardous fuel reduction project'' or
``forest health project'' mean the measures and methods
developed for a project to be carried out on Federal land--
(A) in an at-risk forest under section 203 for
hazardous fuels reduction, forest health, forest
restoration, or watershed restoration, using ecological
restoration principles consistent with the forest type
where such project will occur; or
(B) in a high-risk area under section 206.
SEC. 203. HAZARDOUS FUEL REDUCTION PROJECTS AND FOREST HEALTH PROJECTS
IN AT-RISK FORESTS.
(a) Implementation.--As soon as practicable after the date of the
enactment of this Act, the Secretary concerned is authorized to
implement a hazardous fuel reduction project or a forest health project
in at-risk forests in a manner that focuses on surface, ladder, and
canopy fuels reduction activities using ecological restoration
principles consistent with the forest type in the location where such
project will occur.
(b) Authorized Practices.--
(1) Inclusion of livestock grazing and timber harvesting.--
A hazardous fuel reduction project or a forest health project
may include livestock grazing and timber harvest projects
carried out for the purposes of hazardous fuels reduction,
forest health, forest restoration, watershed restoration, or
threatened and endangered species habitat protection or
improvement, if the management action is consistent with
achieving long-term ecological restoration of the forest type
in the location where such project will occur.
(2) Grazing.--Domestic livestock grazing may be used in a
hazardous fuel reduction project or a forest health project to
reduce surface fuel loads and to recover burned areas.
Utilization standards shall not apply when domestic livestock
grazing is used in such a project.
(3) Timber harvesting and thinning.--Timber harvesting and
thinning, where the ecological restoration principles are
consistent with the forest type in the location where such
project will occur, may be used in a hazardous fuel reduction
project or a forest health project to reduce ladder and canopy
fuel loads to prevent unnatural fire.
(c) Priority.--The Secretary concerned shall give priority to
hazardous fuel reduction projects and forest health projects submitted
by the Governor of a State as provided in section 206(c) and to
projects submitted under the Tribal Forest Protection Act of 2004 (25
U.S.C. 3115a).
SEC. 204. ENVIRONMENTAL ANALYSIS.
Subsections (b) through (f) of section 104 shall apply to the
implementation of a hazardous fuel reduction project or a forest health
project under this title. In addition, if the primary purpose of a
hazardous fuel reduction project or a forest health project under this
title is the salvage of dead, damaged, or down timber resulting from
wildfire occurring in 2013 or 2014, the hazardous fuel reduction
project or forest health project, and any decision of the Secretary
concerned in connection with the project, shall not be subject to
judicial review or to any restraining order or injunction issued by a
United States court.
SEC. 205. STATE DESIGNATION OF HIGH-RISK AREAS OF NATIONAL FOREST
SYSTEM AND PUBLIC LANDS.
(a) Designation Authority.--The Governor of a State may designate
high-risk areas of Federal land in the State for the purposes of
addressing--
(1) deteriorating forest health conditions in existence as
of the date of the enactment of this Act due to the bark beetle
epidemic or drought, with the resulting imminent risk of
devastating wildfires; and
(2) the future risk of insect infestations or disease
outbreaks through preventative treatments to improve forest
health conditions.
(b) Consultation.--In designating high-risk areas, the Governor of
a State shall consult with county government from affected counties and
with affected Indian tribes.
(c) Exclusion of Certain Areas.--The following Federal land may not
be designated as a high-risk area:
(1) A component of the National Wilderness Preservation
System.
(2) Federal land on which the removal of vegetation is
specifically prohibited by Federal statute.
(3) Federal land within a National Monument as of the date
of the enactment of this Act.
(d) Standards for Designation.--Designation of high-risk areas
shall be consistent with standards and guidelines contained in the land
and resource management plan or land use plan for the unit of Federal
land for which the designation is being made, except that the Secretary
concerned may modify such standards and guidelines to correspond with a
specific high-risk area designation.
(e) Time for Initial Designations.--The first high-risk areas
should be designated not later than 60 days after the date of the
enactment of this Act, but high-risk areas may be designated at any
time consistent with subsection (a).
(f) Duration of Designation.--The designation of a high-risk area
in a State shall expire 20 years after the date of the designation,
unless earlier terminated by the Governor of the State.
(g) Redesignation.--The expiration of the 20-year period specified
in subsection (f) does not prohibit the Governor from redesignating an
area of Federal land as a high-risk area under this section if the
Governor determines that the Federal land continues to be subject to
the terms of this section.
(h) Recognition of Valid and Existing Rights.--The designation of a
high-risk area shall not be construed to limit or restrict--
(1) access to Federal land included in the area for
hunting, fishing, and other related purposes; or
(2) valid and existing rights regarding the Federal land.
SEC. 206. USE OF HAZARDOUS FUELS REDUCTION OR FOREST HEALTH PROJECTS
FOR HIGH-RISK AREAS.
(a) Project Proposals.--
(1) Proposals authorized.--Upon designation of a high-risk
area in a State, the Governor of the State may provide for the
development of proposed hazardous fuel reduction projects or
forest health projects for the high-risk area.
(2) Project criteria.--In preparing a proposed hazardous
fuel reduction project or a forest health project, the Governor
of a State and the Secretary concerned shall--
(A) take into account managing for rights of way,
protection of watersheds, protection of wildlife and
endangered species habitat, safe-guarding water
resources, and protecting at-risk communities from
wildfires; and
(B) emphasize activities that thin the forest to
provide the greatest health and longevity of the
forest.
(b) Consultation.--In preparing a proposed hazardous fuel reduction
project or a forest health project, the Governor of a State shall
consult with county government from affected counties, and with
affected Indian tribes.
(c) Submission and Implementation.--The Governor of a State shall
submit proposed emergency hazardous fuel reduction projects and forest
health projects to the Secretary concerned for implementation as
provided in section 203.
SEC. 207. MORATORIUM ON USE OF PRESCRIBED FIRE IN MARK TWAIN NATIONAL
FOREST, MISSOURI, PENDING REPORT.
(a) Moratorium.--Except as provided in subsection (b), the
Secretary of Agriculture may not conduct any prescribed fire in Mark
Twain National Forest, Missouri, under the Collaborative Forest
Landscape Restoration Project until the report required by subsection
(c) is submitted to Congress.
(b) Exception for Wildfire Suppression.--Subsection (a) does not
prohibit the use of prescribed fire as part of wildfire suppression
activities.
(c) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Agriculture shall submit to
Congress a report containing an evaluation of recent and current Forest
Service management practices for Mark Twain National Forest, including
lands in the National Forest enrolled, or under consideration for
enrollment, in the Collaborative Forest Landscape Restoration Project
to convert certain lands into shortleaf pine-oak woodlands, to
determine the impact of such management practices on forest health and
tree mortality. The report shall specifically address--
(1) the economic costs associated with the failure to
utilize hardwoods cut as part of the Collaborative Forest
Landscape Restoration Project and the subsequent loss of
hardwood production from the treated lands in the long term;
(2) the extent of increased tree mortality due to excessive
heat generated by prescribed fires;
(3) the impacts to water quality and rate of water run off
due to erosion of the scorched earth left in the aftermath of
the prescribed fires; and
(4) a long-term plan for evaluation of the impacts of
prescribed fires on lands previously burned within the Eleven
Point Ranger District.
TITLE III--OREGON AND CALIFORNIA RAILROAD GRANT LANDS TRUST,
CONSERVATION, AND JOBS
SEC. 301. SHORT TITLE.
This title may be cited as the ``O&C Trust, Conservation, and Jobs
Act''.
SEC. 302. DEFINITIONS.
In this title:
(1) Affiliates.--The term ``Affiliates'' has the meaning
given such term in part 121 of title 13, Code of Federal
Regulations.
(2) Board of trustees.--The term ``Board of Trustees''
means the Board of Trustees for the Oregon and California
Railroad Grant Lands Trust appointed under section 313.
(3) Coos bay wagon road grant lands.--The term ``Coos Bay
Wagon Road Grant lands'' means the lands reconveyed to the
United States pursuant to the first section of the Act of
February 26, 1919 (40 Stat. 1179).
(4) Fiscal year.--The term ``fiscal year'' means the
Federal fiscal year, October 1 through the next September 30.
(5) Governor.--The term ``Governor'' means the Governor of
the State of Oregon.
(6) O&C region public domain lands.--The term ``O&C Region
Public Domain lands'' means all the land managed by the Bureau
of Land Management in the Salem District, Eugene District,
Roseburg District, Coos Bay District, and Medford District in
the State of Oregon, excluding the Oregon and California
Railroad Grant lands and the Coos Bay Wagon Road Grant lands.
(7) O&C trust.--The terms ``Oregon and California Railroad
Grant Lands Trust'' and ``O&C Trust'' mean the trust created by
section 311, which has fiduciary responsibilities to act for
the benefit of the O&C Trust counties in the management of O&C
Trust lands.
(8) O&C trust county.--The term ``O&C Trust county'' means
each of the 18 counties in the State of Oregon that contained a
portion of the Oregon and California Railroad Grant lands as of
January 1, 2013, each of which are beneficiaries of the O&C
Trust.
(9) O&C trust lands.--The term ``O&C Trust lands'' means
the surface estate of the lands over which management authority
is transferred to the O&C Trust pursuant to section 311(c)(1).
The term does not include any of the lands excluded from the
O&C Trust pursuant to section 311(c)(2), transferred to the
Forest Service under section 321, or Tribal lands transferred
under subtitle D.
(10) Oregon and california railroad grant lands.--The term
``Oregon and California Railroad Grant lands'' means the
following lands:
(A) All lands in the State of Oregon revested in
the United States under the Act of June 9, 1916 (39
Stat. 218), regardless of whether the lands are--
(i) administered by the Secretary of the
Interior, acting through the Bureau of Land
Management, pursuant to the first section of
the Act of August 28, 1937 (43 U.S.C. 1181a);
or
(ii) administered by the Secretary of
Agriculture as part of the National Forest
System pursuant to the first section of the Act
of June 24, 1954 (43 U.S.C. 1181g).
(B) All lands in the State obtained by the
Secretary of the Interior pursuant to the land
exchanges authorized and directed by section 2 of the
Act of June 24, 1954 (43 U.S.C. 1181h).
(C) All lands in the State acquired by the United
States at any time and made subject to the provisions
of title II of the Act of August 28, 1937 (43 U.S.C.
1181f).
(11) Reserve fund.--The term ``Reserve Fund'' means the
reserve fund created by the Board of Trustees under section
315(b).
(12) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to
Oregon and California Railroad Grant lands that are
transferred to the management authority of the O&C
Trust and, immediately before such transfer, were
managed by the Bureau of Land Management; and
(B) the Secretary of Agriculture, with respect to
Oregon and California Railroad Grant lands that--
(i) are transferred to the management
authority of the O&C Trust and, immediately
before such transfer, were part of the National
Forest System; or
(ii) are transferred to the Forest Service
under section 321.
(13) State.--The term ``State'' means the State of Oregon.
(14) Transition period.--The term ``transition period''
means the three fiscal-year period specified in section 331
following the appointment of the Board of Trustees during
which--
(A) the O&C Trust is created; and
(B) interim funding of the O&C Trust is secured.
(15) Tribal lands.--The term ``Tribal lands'' means any of
the lands transferred to the Cow Creek Band of the Umpqua Tribe
of Indians or the Confederated Tribes of Coos, Lower Umpqua,
and Siuslaw Indians under subtitle D.
Subtitle A--Trust, Conservation, and Jobs
CHAPTER 1--CREATION AND TERMS OF O&C TRUST
SEC. 311. CREATION OF O&C TRUST AND DESIGNATION OF O&C TRUST LANDS.
(a) Creation.--The Oregon and California Railroad Grant Lands Trust
is established effective on October 1 of the first fiscal year
beginning after the appointment of the Board of Trustees. As management
authority over the surface of estate of the O&C Trust lands is
transferred to the O&C Trust during the transition period pursuant to
section 331, the transferred lands shall be held in trust for the
benefit of the O&C Trust counties.
(b) Trust Purpose.--The purpose of the O&C Trust is to produce
annual maximum sustained revenues in perpetuity for O&C Trust counties
by managing the timber resources on O&C Trust lands on a sustained-
yield basis subject to the management requirements of section 314.
(c) Designation of O&C Trust Lands.--
(1) Lands included.--Except as provided in paragraph (2),
the O&C Trust lands shall include all of the lands containing
the stands of timber described in subsection (d) that are
located, as of January 1, 2013, on Oregon and California
Railroad Grant lands and O&C Region Public Domain lands.
(2) Lands excluded.--O&C Trust lands shall not include any
of the following Oregon and California Railroad Grant lands and
O&C Region Public Domain lands (even if the lands are otherwise
described in subsection (d)):
(A) Federal lands within the National Landscape
Conservation System as of January 1, 2013.
(B) Federal lands designated as Areas of Critical
Environmental Concern as of January 1, 2013.
(C) Federal lands that were in the National
Wilderness Preservation System as of January 1, 2013.
(D) Federal lands included in the National Wild and
Scenic Rivers System of January 1, 2013.
(E) Federal lands within the boundaries of a
national monument, park, or other developed recreation
area as of January 1, 2013.
(F) Oregon treasures addressed in subtitle C, any
portion of which, as of January 1, 2013, consists of
Oregon and California Railroad Grant lands or O&C
Region Public Domain lands.
(G) Tribal lands addressed in subtitle D.
(d) Covered Stands of Timber.--
(1) Description.--The O&C Trust lands consist of stands of
timber that have previously been managed for timber production
or that have been materially altered by natural disturbances
since 1886. Most of these stands of timber are 80 years old or
less, and all of such stands can be classified as having a
predominant stand age of 125 years or less.
(2) Delineation of boundaries by bureau of land
management.--The Oregon and California Railroad Grant lands and
O&C Region Public Domain lands that, immediately before
transfer to the O&C Trust, were managed by the Bureau of Land
Management are timber stands that have predominant birth date
attributes of 1886 or later, with boundaries that are defined
by polygon spatial data layer in and electronic data
compilation filed by the Bureau of Land Management pursuant to
paragraph (4). Except as provided in paragraph (5), the
boundaries of all timber stands constituting the O&C Trust
lands are finally and conclusively determined for all purposes
by coordinates in or derived by reference to the polygon
spatial data layer prepared by the Bureau of Land Management
and filed pursuant to paragraph (4), notwithstanding anomalies
that might later be discovered on the ground. The boundary
coordinates are locatable on the ground by use of global
positioning system signals. In cases where the location of the
stand boundary is disputed or is inconsistent with paragraph
(1), the location of boundary coordinates on the ground shall
be, except as otherwise provided in paragraph (5), finally and
conclusively determined for all purposes by the direct or
indirect use of global positioning system equipment with
accuracy specification of one meter or less.
(3) Delineation of boundaries by forest service.--The O&C
Trust lands that, immediately before transfer to the O&C Trust,
were managed by the Forest Service are timber stands that can
be classified as having predominant stand ages of 125 years old
or less. Within 30 days after the date of the enactment of this
Act, the Secretary of Agriculture shall commence identification
of the boundaries of such stands, and the boundaries of all
such stands shall be identified and made available to the Board
of Trustees not later than 180 days following the creation of
the O&C Trust pursuant to subsection (a). In identifying the
stand boundaries, the Secretary may use geographic information
system data, satellite imagery, cadastral survey coordinates,
or any other means available within the time allowed. The
boundaries shall be provided to the Board of Trustees within
the time allowed in the form of a spatial data layer from which
coordinates can be derived that are locatable on the ground by
use of global positioning system signals. Except as provided in
paragraph (5), the boundaries of all timber stands constituting
the O&C Trust lands are finally and conclusively determined for
all purposes by coordinates in or derived by reference to the
data provided by the Secretary within the time provided by this
paragraph, notwithstanding anomalies that might later be
discovered on the ground. In cases where the location of the
stand boundary is disputed or inconsistent with paragraph (1),
the location of boundary coordinates on the ground shall be,
except as otherwise provided in paragraph (5), finally and
conclusively determined for all purposes by the boundary
coordinates provided by the Secretary as they are located on
the ground by the direct or indirect use of global positioning
system equipment with accuracy specifications of one meter or
less. All actions taken by the Secretary under this paragraph
shall be deemed to not involve Federal agency action or Federal
discretionary involvement or control.
(4) Data and maps.--Copies of the data containing boundary
coordinates for the stands included in the O&C Trust lands, or
from which such coordinates are derived, and maps generally
depicting the stand locations shall be filed with the Committee
on Energy and Natural Resources of the Senate, the Committee on
Natural Resources of the House of Representatives, and the
office of the Secretary concerned. The maps and data shall be
filed--
(A) not later than 90 days after the date of the
enactment of this Act, in the case of the lands
identified pursuant to paragraph (2); and
(B) not later than 180 days following the creation
of the O&C Trust pursuant to subsection (a), in the
case of lands identified pursuant to paragraph (3).
(5) Adjustment authority and limitations.--
(A) No impact on determining title or property
ownership boundaries.--Stand boundaries identified
under paragraph (2) or (3) shall not be relied upon for
purposes of determining title or property ownership
boundaries. If the boundary of a stand identified under
paragraph (2) or (3) extends beyond the property
ownership boundaries of Oregon and California Railroad
Grant lands or O&C Region Public Domain lands, as such
property boundaries exist on the date of enactment of
this Act, then that stand boundary is deemed adjusted
by this subparagraph to coincide with the property
ownership boundary.
(B) Effect of data errors or inconsistencies.--Data
errors or inconsistencies may result in parcels of land
along property ownership boundaries that are
unintentionally omitted from the O&C Trust lands that
are identified under paragraph (2) or (3). In order to
correct such errors, any parcel of land that satisfies
all of the following criteria is hereby deemed to be
O&C Trust land:
(i) The parcel is within the ownership
boundaries of Oregon and California Railroad
Grant lands or O&C Region Public Domain lands
on the date of the enactment of this Act.
(ii) The parcel satisfies the description
in paragraph (1) on the date of enactment of
this Act.
(iii) The parcel is not excluded from the
O&C Trust lands pursuant to subsection (c)(2).
(C) No impact on land exchange authority.--Nothing
in this subsection is intended to limit the authority
of the Trust and the Forest Service to engage in land
exchanges between themselves or with owners of non-
Federal land as provided elsewhere in this title.
SEC. 312. LEGAL EFFECT OF O&C TRUST AND JUDICIAL REVIEW.
(a) Legal Status of Trust Lands.--Subject to the other provisions
of this section, all right, title, and interest in and to the O&C Trust
lands remain in the United States, except that--
(1) the Board of Trustees shall have all authority to
manage the surface estate of the O&C Trust lands and the
resources found thereon;
(2) actions on the O&C Trust lands shall be deemed to
involve no Federal agency action or Federal discretionary
involvement or control and the laws of the State shall apply to
the surface estate of the O&C Trust lands in the manner
applicable to privately owned timberlands in the State; and
(3) the O&C Trust shall be treated as the beneficial owner
of the surface estate of the O&C Trust lands for purposes of
all legal proceedings involving the O&C Trust lands.
(b) Minerals.--
(1) In general.--Mineral and other subsurface rights in the
O&C Trust lands are retained by the United States or other
owner of such rights as of the date on which management
authority over the surface estate of the lands are transferred
to the O&C Trust.
(2) Rock and gravel.--
(A) Use authorized; purpose.--For maintenance or
construction on the road system under the control of
the O&C Trust or for non-Federal lands intermingled
with O&C Trust lands, the Board of Trustees may--
(i) utilize rock or gravel found within
quarries in existence immediately before the
date of the enactment of this Act on any Oregon
and California Railroad Grant lands and O&C
Region Public Domain lands, excluding those
lands designated under subtitle C or
transferred under subtitle D; and
(ii) construct new quarries on O&C Trust
lands, except that any quarry so constructed
may not exceed 5 acres.
(B) Exception.--The Board of Trustees shall not
construct new quarries on any of the lands transferred
to the Forest Service under section 321 or lands
designated under subtitle D.
(c) Roads.--
(1) In general.--Except as provided in subsection (b), the
Board of Trustees shall assume authority and responsibility
over, and have authority to use, all roads and the road system
specified in the following subparagraphs:
(A) All roads and road systems on the Oregon and
California Railroad and Grant lands and O&C Region
Public Domain lands owned or administered by the Bureau
of Land Management immediately before the date of the
enactment of this Act, except that the Secretary of
Agriculture shall assume the Secretary of Interior's
obligations for pro-rata maintenance expense and road
use fees under reciprocal right-of-way agreements for
those lands transferred to the Forest Service under
section 321. All of the lands transferred to the Forest
Service under section 321 shall be considered as part
of the tributary area used to calculate pro-rata
maintenance expense and road use fees.
(B) All roads and road systems owned or
administered by the Forest Service immediately before
the date of the enactment of this Act and subsequently
included within the boundaries of the O&C Trust lands.
(C) All roads later added to the road system for
management of the O&C Trust lands.
(2) Lands transferred to forest service.--The Secretary of
Agriculture shall assume the obligations of the Secretary of
Interior for pro-rata maintenance expense and road use fees
under reciprocal rights-of-way agreements for those Oregon and
California Railroad Grant lands or O&C Region Public Domain
lands transferred to the Forest Service under section 321.
(3) Compliance with clean water act.--All roads used,
constructed, or reconstructed under the jurisdiction of the O&C
Trust must comply with requirements of the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.) applicable to
private lands through the use of Best Management Practices
under the Oregon Forest Practices Act.
(d) Public Access.--
(1) In general.--Subject to paragraph (2), public access to
O&C Trust lands shall be preserved consistent with the policies
of the Secretary concerned applicable to the O&C Trust lands as
of the date on which management authority over the surface
estate of the lands is transferred to the O&C Trust.
(2) Restrictions.--The Board of Trustees may limit or
control public access for reasons of public safety or to
protect the resources on the O&C Trust lands.
(e) Limitations.--The assets of the O&C Trust shall not be subject
to the creditors of an O&C Trust county, or otherwise be distributed in
an unprotected manner or be subject to anticipation, encumbrance, or
expenditure other than for a purpose for which the O&C Trust was
created.
(f) Remedy.--An O&C Trust county shall have all of the rights and
remedies that would normally accrue to a beneficiary of a trust. An O&C
Trust county shall provide the Board of Trustees, the Secretary
concerned, and the Attorney General with not less than 60 days notice
of an intent to sue to enforce the O&C Trust county's rights under the
O&C Trust.
(g) Judicial Review.--
(1) In general.--Except as provided in paragraph (2),
judicial review of any provision of this title shall be sought
in the United States Court of Appeals for the District of
Columbia Circuit. Parties seeking judicial review of the
validity of any provision of this title must file suit within
90 days after the date of the enactment of this Act and no
preliminary injunctive relief or stays pending appeal will be
permitted. If multiple cases are filed under this paragraph,
the Court shall consolidate the cases. The Court must rule on
any action brought under this paragraph within 180 days.
(2) Decisions of board of trustees.--Decisions made by the
Board of Trustees shall be subject to judicial review only in
an action brought by an O&C County, except that nothing in this
title precludes bringing a legal claim against the Board of
Trustees that could be brought against a private landowner for
the same action.
SEC. 313. BOARD OF TRUSTEES.
(a) Appointment Authorization.--Subject to the conditions on
appointment imposed by this section, the Governor is authorized to
appoint the Board of Trustees to administer the O&C Trust and O&C Trust
lands. Appointments by the Governor shall be made within 60 days after
the date of the enactment of this Act.
(b) Members and Eligibility.--
(1) Number.--Subject to subsection (c), the Board of
Trustees shall consist of seven members.
(2) Residency requirement.--Members of the Board of
Trustees must reside within an O&C Trust county.
(3) Geographical representation.--To the extent
practicable, the Governor shall ensure broad geographic
representation among the O&C Trust counties in appointing
members to the Board of Trustees.
(c) Composition.--The Board of Trustees shall include the following
members:
(1)(A) Two forestry and wood products representatives,
consisting of--
(i) one member who represents the commercial
timber, wood products, or milling industries and who
represents an Oregon-based company with more than 500
employees, taking into account its affiliates, that has
submitted a bid for a timber sale on the Oregon and
California Railroad Grant lands, O&C Region Public
Domain lands, Coos Bay Wagon Road Grant lands, or O&C
Trust lands in the preceding five years; and
(ii) one member who represents the commercial wood
products or milling industries and who represents an
Oregon-based company with 500 or fewer employees,
taking into account its affiliates, that has submitted
a bid for a timber sale on the Oregon and California
Railroad Grant lands, O&C Region Public Domain lands,
Coos Bay Wagon Road Grant lands, or O&C Trust lands in
the preceding five years.
(B) At least one of the two representatives selected in
this paragraph must own commercial forest land that is adjacent
to the O&C Trust lands and from which the representative has
not exported unprocessed timber in the preceding five years.
(2) One representative of the general public who has
professional experience in one or more of the following fields:
(A) Business management.
(B) Law.
(C) Accounting.
(D) Banking.
(E) Labor management.
(F) Transportation.
(G) Engineering.
(H) Public policy.
(3) One representative of the science community who, at a
minimum, holds a Doctor of Philosophy degree in wildlife
biology, forestry, ecology, or related field and has published
peer-reviewed academic articles in the representative's field
of expertise.
(4) Three governmental representatives, consisting of--
(A) two members who are serving county
commissioners of an O&C Trust county and who are
nominated by the governing bodies of a majority of the
O&C Trust counties and approved by the Governor, except
that the two representatives may not be from the same
county; and
(B) one member who holds State-wide elected office
(or is a designee of such a person) or who represents a
federally recognized Indian tribe or tribes within one
or more O&C Trust counties.
(d) Term, Initial Appointment, Vacancies.--
(1) Term.--Except in the case of initial appointments,
members of the Board of Trustees shall serve for five-year
terms and may be reappointed for one consecutive term.
(2) Initial appointments.--In making the first appointments
to the Board of Trustees, the Governor shall stagger initial
appointment lengths so that two members have three-year terms,
two members have four-year terms, and three members have a full
five-year term.
(3) Vacancies.--Any vacancy on the Board of Trustees shall
be filled within 45 days by the Governor for the unexpired term
of the departing member.
(4) Board of trustees management costs.--Members of the
Board of Trustees may receive annual compensation from the O&C
Trust at a rate not to exceed 50 percent of the average annual
salary for commissioners of the O&C Trust counties for that
year.
(e) Chairperson and Operations.--
(1) Chairperson.--A majority of the Board of Trustees shall
select the chairperson for the Board of Trustees each year.
(2) Meetings.--The Board of Trustees shall establish
proceedings to carry out its duties. The Board shall meet at
least quarterly. Except for meetings substantially involving
personnel and contractual decisions, all meetings of the Board
shall comply with the public meetings law of the State.
(f) Quorum and Decision-Making.--
(1) Quorum.--A quorum shall consist of five members of the
Board of Trustees. The presence of a quorum is required to
constitute an official meeting of the board of trustees to
satisfy the meeting requirement under subsection (e)(2).
(2) Decisions.--All actions and decisions by the Board of
Trustees shall require approval by a majority of members.
(g) Annual Audit.--Financial statements regarding operation of the
O&C Trust shall be independently prepared and audited annually for
review by the O&C Trust counties, Congress, and the State.
SEC. 314. MANAGEMENT OF O&C TRUST LANDS.
(a) In General.--Except as otherwise provided in this title, the
O&C Trust lands will be managed by the Board of Trustees in compliance
with all Federal and State laws in the same manner as such laws apply
to private forest lands.
(b) Timber Sale Plans.--The Board of Trustees shall approve and
periodically update management and sale plans for the O&C Trust lands
consistent with the purpose specified in section 311(b). The Board of
Trustees may defer sale plans during periods of depressed timber
markets if the Board of Trustees, in its discretion, determines that
such delay until markets improve is financially prudent and in keeping
with its fiduciary obligation to the O&C Trust counties.
(c) Stand Rotation.--
(1) 100-120 year rotation.--The Board of Trustees shall
manage not less than 50 percent of the harvestable acres of the
O&C Trust lands on a 100-120 year rotation. The acreage subject
to 100-120 year management shall be geographically dispersed
across the O&C Trust lands in a manner that the Board of
Trustees, in its discretion, determines will contribute to
aquatic and terrestrial ecosystem values.
(2) Balance.--The balance of the harvestable acreage of the
O&C Trust lands shall be managed on any rotation age the Board
of Trustees, in its discretion and in compliance with
applicable State law, determines will best satisfy its
fiduciary obligation to provide revenue to the O&C Trust
counties.
(3) Thinning.--Nothing in this subsection is intended to
limit the ability of the Board of Trustees to decide, in its
discretion, to thin stands of timber on O&C Trust lands.
(d) Sale Terms.--
(1) In general.--Subject to paragraphs (2) and (3), the
Board of Trustees is authorized to establish the terms for sale
contracts of timber or other forest products from O&C Trust
lands.
(2) Set aside.--The Board of Trustees shall establish a
program consistent with the program of the Bureau of Land
Management under a March 10, 1959 Memorandum of Understanding,
as amended, regarding calculation of shares and sale of timber
set aside for purchase by business entities with 500 or fewer
employees and consistent with the regulations in part 121 of
title 13, Code of Federal Regulations applicable to timber sale
set asides, except that existing shares in effect on the date
of enactment of this Act shall apply until the next scheduled
recomputation of shares. In implementing its program that is
consistent with such Memorandum of Understanding, the Board of
Trustees shall utilize the Timber Sale Procedure Handbook and
other applicable procedures of the Bureau of Land Management,
including the Operating Procedures for Conducting the Five-Year
Recomputation of Small Business Share Percentages in effect on
January 1, 2013.
(3) Competitive bidding.--The Board of Trustees must sell
timber on a competitive bid basis. No less than 50 percent of
the total volume of timber sold by the Board of Trustees each
year shall be sold by oral bidding consistent with practices of
the Bureau of Land Management as of January 1, 2013.
(e) Prohibition on Export.--
(1) In general.--As a condition on the sale of timber or
other forest products from O&C Trust lands, unprocessed timber
harvested from O&C Trust lands may not be exported.
(2) Violations.--Any person who knowingly exports
unprocessed timber harvested from O&C Trust lands, who
knowingly provides such unprocessed timber for export by
another person, or knowingly sells timber harvested from O&C
Trust lands to a person who is disqualified from purchasing
timber from such lands pursuant to this section shall be
disqualified from purchasing timber or other forest products
from O&C Trust lands or from Federal lands administered under
this subtitle. Any person who uses unprocessed timber harvested
from O&C Trust lands in substitution for exported unprocessed
timber originating from private lands shall be disqualified
from purchasing timber or other forest products from O&C Trust
lands or from Federal lands administered under this subtitle.
(3) Unprocessed timber defined.--In this subsection, the
term ``unprocessed timber'' has the meaning given such term in
section 493(9) of the Forest Resources Conservation and
Shortage Relief Act of 1990 (16 U.S.C. 620e(9)).
(f) Integrated Pest, Disease, and Weed Management Plan.--The Board
of Trustees shall develop an integrated pest and vegetation management
plan to assist forest managers in prioritizing and minimizing the use
of pesticides and herbicides approved by the Environmental Protection
Agency and used in compliance with the Oregon Forest Practices Act. The
plan shall optimize the ability of the O&C Trust to re-establish forest
stands after harvest in compliance with the Oregon Forest Practices Act
and to create diverse early seral stage forests. The plan shall allow
for the eradication, containment and suppression of disease, pests,
weeds and noxious plants, and invasive species as found on the State
Noxious Weed List and prioritize ground application of herbicides and
pesticides to the greatest extent practicable. The plan shall be
completed before the start of the second year of the transition period.
The planning process shall be open to the public and the Board of
Trustees shall hold not less than two public hearings on the proposed
plan before final adoption.
(g) Access to Lands Transferred to Forest Service.--Persons acting
on behalf of the O&C Trust shall have a right of timely access over
lands transferred to the Forest Service under section 321 and Tribal
lands transferred under subtitle D as is reasonably necessary for the
Board of Trustees to carry out its management activities with regard to
the O&C Trust lands and the O&C Trust to satisfy its fiduciary duties
to O&C counties.
(h) Harvest Area Tree and Retention Requirements.--
(1) In general.--The O&C Trust lands shall include harvest
area tree and retention requirements consistent with State law.
(2) Use of old growth definition.--To the greatest extent
practicable, and at the discretion of the Board of Trustees,
old growth, as defined by the Old Growth Review Panel created
by section 324, shall be used to meet the retention
requirements applicable under paragraph (1).
(i) Riparian Area Management.--
(1) In general.--The O&C Trust lands shall be managed with
timber harvesting limited in riparian areas as follows:
(A) Streams.--For all fish bearing streams and all
perennial non-fish-bearing streams, there shall be no
removal of timber within a distance equal to the height
of one site potential tree on both sides of the stream
channel. For intermittent, non-fish-bearing streams,
there shall be no removal of timber within a distance
equal to one-half the height of a site potential tree
on both sides of the stream channel. For purposes of
this subparagraph, the stream channel boundaries are
the lines of ordinary high water.
(B) Larger lakes, ponds and reservoirs.--For all
lakes, ponds, and reservoirs with surface area larger
than one quarter of one acre, there shall be no removal
of timber within a distance equal to the height of one
site potential tree from the line of ordinary high
water of the water body.
(C) Small ponds and natural wetlands, springs and
seeps.--For all ponds with surface area one quarter
acre or less, and for all natural wetlands, springs and
seeps, there shall be no removal of timber within the
area dominated by riparian vegetation.
(2) Measurements.--For purposes of paragraph (1), all
distances shall be measured along slopes, and all site
potential tree heights shall be average height at maturity of
the dominant species of conifer determined at a scale no finer
than the applicable fifth field watershed.
(3) Rules of construction.--Nothing in paragraph (1) shall
be construed--
(A) to prohibit the falling or placement of timber
into streams to create large woody debris for the
benefit of aquatic ecosystems; or
(B) to prohibit the falling of trees within
riparian areas as may be reasonably necessary for
safety or operational reasons in areas adjacent to the
riparian areas, or for road construction or maintenance
pursuant to section 312(c)(3).
(j) Fire Protection and Emergency Response.--
(1) Reciprocal fire protection agreements.--
(A) Continuation of agreements.--Subject to
subparagraphs (B), (C), and (D), any reciprocal fire
protection agreement between the State or any other
entity and the Secretary concerned with regard to
Oregon and California Railroad Grant lands and O&C
Region Public Domain lands in effect on the date of the
enactment of this Act shall remain in place for a
period of ten years after such date unless earlier
terminated by the State or other entity.
(B) Assumption of blm rights and duties.--The Board
of Trustees shall exercise the rights and duties of the
Bureau of Land Management under the agreements
described in subparagraph (A), except as such rights
and duties might apply to Tribal lands under subtitle
D.
(C) Effect of expiration of period.--Following the
expiration of the ten-year period under subparagraph
(A), the Board of Trustees shall continue to provide
for fire protection of the Oregon and California
Railroad Grant lands and O&C Region Public Domain
lands, including those transferred to the Forest
Service under section 331, through continuation of the
reciprocal fire protection agreements, new cooperative
agreements, or by any means otherwise permitted by law.
The means selected shall be based on the review by the
Board of Trustees of whether the reciprocal fire
protection agreements were effective in protecting the
lands from fire.
(D) Emergency response.--Nothing in this paragraph
shall prevent the Secretary of Agriculture from an
emergency response to a fire on the O&C Trust lands or
lands transferred to the Forest Service under section
321.
(2) Emergency response to fire.--Subject to paragraph (1),
if the Secretary of Agriculture determines that fire on any of
the lands transferred under section 321 is burning uncontrolled
or the Secretary, the Board of Trustees, or contracted party
does not have readily and immediately available personnel and
equipment to control or extinguish the fire, the Secretary, or
any forest protective association or agency under contract or
agreement with the Secretary or the Board of Trustees for the
protection of forestland against fire, shall summarily and
aggressively abate the nuisance thus controlling and
extinguishing the fire.
(k) Northern Spotted Owl.--So long as the O&C Trust maintains the
100-120 year rotation on 50 percent of the harvestable acres required
in subsection (c), the section 321 lands representing the best quality
habitat for the owl are transferred to the Forest Service, and the O&C
Trust protects currently occupied northern spotted owl nest sites
consistent with the forest practices in the Oregon Forest Practices
Act, management of the O&C Trust land by the Board of Trustees shall be
considered to comply with section 9 of Public Law 93-205 (16 U.S.C.
1538) for the northern spotted owl. A currently occupied northern
spotted owl nest site shall be considered abandoned if there are no
northern spotted owl responses following three consecutive years of
surveys using the Protocol for Surveying Management Activities that May
Impact Northern Spotted Owls dated February 2, 2013.
SEC. 315. DISTRIBUTION OF REVENUES FROM O&C TRUST LANDS.
(a) Annual Distribution of Revenues.--
(1) Time for distribution; use.--Payments to each O&C Trust
county shall be made available to the general fund of the O&C
Trust county as soon as practicable following the end of each
fiscal year, to be used as are other unrestricted county funds.
(2) Amount.--The amount paid to an O&C Trust county in
relation to the total distributed to all O&C Trust counties for
a fiscal year shall be based on the proportion that the total
assessed value of the Oregon and California Railroad Grant
lands in each of the O&C Trust counties for fiscal year 1915
bears to the total assessed value of all of the Oregon and
California Railroad Grant lands in the State for that same
fiscal year. However, for the purposes of this subsection the
portion of the revested Oregon and California Railroad Grant
lands in each of the O&C Trust counties that was not assessed
for fiscal year 1915 shall be deemed to have been assessed at
the average assessed value of the Oregon and California
Railroad Grant lands in the county.
(3) Limitation.--After the fifth payment made under this
subsection, the payment to an O&C Trust county for a fiscal
year shall not exceed 110 percent of the previous year's
payment to the O&C Trust county, adjusted for inflation based
on the consumer price index applicable to the geographic area
in which the O&C Trust counties are located.
(b) Reserve Fund.--
(1) Establishment of reserve fund.--The Board of Trustees
shall generate and maintain a reserve fund.
(2) Deposits to reserve fund.--Within 10 years after
creation of the O&C Trust or as soon thereafter as is
practicable, the Board of Trustees shall establish and seek to
maintain an annual balance of $125,000,000 in the Reserve Fund,
to be derived from revenues generated from management
activities involving O&C Trust lands. All annual revenues
generated in excess of operating costs and payments to O&C
Trust counties required by subsection (a) and payments into the
Conservation Fund as provided in subsection (c) shall be
deposited in the Reserve Fund.
(3) Expenditures from reserve fund.--The Board of Trustees
shall use amounts in the Reserve Fund only--
(A) to pay management and administrative expenses
or capital improvement costs on O&C Trust lands; and
(B) to make payments to O&C Trust counties when
payments to the counties under subsection (a) are
projected to be 90 percent or less of the previous
year's payments.
(c) O&C Trust Conservation Fund.--
(1) Establishment of conservation fund.--The Board of
Trustees shall use a portion of revenues generated from
activity on the O&C Trust lands, consistent with paragraph (2),
to establish and maintain a O&C Trust Conservation Fund. The
O&C Trust Conservation Fund shall include no Federal
appropriations.
(2) Revenues.--Following the transition period, five
percent of the O&C Trust's annual net operating revenue, after
deduction of all management costs and expenses, including the
payment required under section 317, shall be deposited to the
O&C Trust Conservation Fund.
(3) Expenditures from conservation fund.--The Board of
Trustees shall use amounts from the O&C Trust Conservation Fund
only--
(A) to fund the voluntary acquisition of
conservation easements from willing private landowners
in the State;
(B) to fund watershed restoration, remediation and
enhancement projects within the State; or
(C) to contribute to balancing values in a land
exchange with willing private landowners proposed under
section 323(b), if the land exchange will result in a
net increase in ecosystem benefits for fish, wildlife,
or rare native plants.
SEC. 316. LAND EXCHANGE AUTHORITY.
(a) Authority.--Subject to approval by the Secretary concerned, the
Board of Trustees may negotiate proposals for land exchanges with
owners of lands adjacent to O&C Trust lands in order to create larger
contiguous blocks of land under management by the O&C Trust to
facilitate resource management, to improve conservation value of such
lands, or to improve the efficiency of management of such lands.
(b) Approval Required; Criteria.--The Secretary concerned may
approve a land exchange proposed by the Board of Trustees
administratively if the exchange meets the following criteria:
(1) The non-Federal lands are completely within the State.
(2) The non-Federal lands have high timber production
value, or are necessary for more efficient or effective
management of adjacent or nearby O&C Trust lands.
(3) The non-Federal lands have equal or greater value to
the O&C Trust lands proposed for exchange.
(4) The proposed exchange is reasonably likely to increase
the net income to the O&C Trust counties over the next 20 years
and not decrease the net income to the O&C Trust counties over
the next 10 years.
(c) Acreage Limitation.--The Secretary concerned shall not approve
land exchanges under this section that, taken together with all
previous exchanges involving the O&C Trust lands, have the effect of
reducing the total acreage of the O&C Trust lands by more than five
percent from the total acreage to be designated as O&C Trust land under
section 311(c)(1).
(d) Inapplicability of Certain Laws.--Section 3 of the Oregon
Public Lands Transfer and Protection Act of 1998 (Public Law 105-321;
112 Stat. 3022), the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et. seq.), including the amendments made by the Federal
Land Exchange Facilitation Act of 1988 (Public Law 100-409; 102 Stat.
1086), the Act of March 20, 1922 (16 U.S.C. 485, 486), and the Act of
March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480 et seq.)
shall not apply to the land exchange authority provided by this
section.
(e) Exchanges With Forest Service.--
(1) Exchanges authorized.--The Board of Trustees is
authorized to engage in land exchanges with the Forest Service
if approved by the Secretary pursuant to section 323(c).
(2) Management of exchanged lands.--Following completion of
a land exchange under paragraph (1), the management
requirements applicable to the newly acquired lands by the O&C
Trust or the Forest Service shall be the same requirements
under this subtitle applicable to the other lands that are
managed by the O&C Board or the Forest Service.
SEC. 317. PAYMENTS TO THE UNITED STATES TREASURY.
As soon as practicable after the end of the third fiscal year of
the transition period and in each of the subsequent seven fiscal years,
the O&C Trust shall submit a payment of $10,000,000 to the United
States Treasury.
CHAPTER 2--TRANSFER OF CERTAIN LANDS TO FOREST SERVICE
SEC. 321. TRANSFER OF CERTAIN OREGON AND CALIFORNIA RAILROAD GRANT
LANDS TO FOREST SERVICE.
(a) Transfer Required.--The Secretary of the Interior shall
transfer administrative jurisdiction over all Oregon and California
Railroad Grant lands and O&C Region Public Domain lands not designated
as O&C Trust lands by subparagraphs (A) through (F) of section
311(c)(1), including those lands excluded by section 311(c)(2), to the
Secretary of Agriculture for inclusion in the National Forest System
and administration by the Forest Service as provided in section 322.
(b) Exception.--This section does not apply to Tribal lands
transferred under subtitle D.
SEC. 322. MANAGEMENT OF TRANSFERRED LANDS BY FOREST SERVICE.
(a) Assignment to Existing National Forests.--To the greatest
extent practicable, management responsibilities for the lands
transferred under section 321 shall be assigned to the unit of the
National Forest System geographically closest to the transferred lands.
The Secretary of Agriculture shall have ultimate decision-making
authority, but shall assign the transferred lands to a unit not later
than the applicable transfer date provided in the transition period.
(b) Application of Northwest Forest Plan.--
(1) In general.--Except as provided in paragraph (2), the
lands transferred under section 321 shall be managed under the
Northwest Forest Plan and shall retain Northwest Forest Plan
land use designations until or unless changed in the manner
provided by Federal laws applicable to the administration and
management of the National Forest System.
(2) Exception for certain designated lands.--The lands
excluded from the O&C Trust by subparagraphs (A) through (F) of
section 311(c)(2) and transferred to the Forest Service under
section 321 shall be managed as provided by Federal laws
applicable to the lands.
(c) Protection of Old Growth.--Old growth, as defined by the Old
Growth Review Panel pursuant to rulemaking conducted in accordance with
section 553 of title 5, United States Code, shall not be harvested by
the Forest Service on lands transferred under section 321.
(d) Emergency Response to Fire.--Subject to section 314(i), if the
Secretary of Agriculture determines that fire on any of the lands
transferred under section 321 is burning uncontrolled or the Secretary
or contracted party does not have readily and immediately available
personnel and equipment to control or extinguish the fire, the
Secretary, or any forest protective association or agency under
contract or agreement with the Secretary for the protection of
forestland against fire, and within whose protection area the fire
exists, shall summarily and aggressively abate the nuisance thus
controlling and extinguishing the fire.
SEC. 323. MANAGEMENT EFFICIENCIES AND EXPEDITED LAND EXCHANGES.
(a) Land Exchange Authority.--The Secretary of Agriculture may
conduct land exchanges involving lands transferred under section 321,
other than the lands excluded from the O&C Trust by subparagraphs (A)
through (F) of section 311(c)(2), in order create larger contiguous
blocks of land under management of the Secretary to facilitate resource
management, to improve conservation value of such lands, or to improve
the efficiency of management of such lands.
(b) Criteria for Exchanges With Non-Federal Owners.--The Secretary
of Agriculture may conduct a land exchange administratively under this
section with a non-Federal owner (other than the O&C Trust) if the land
exchange meets the following criteria:
(1) The non-Federal lands are completely within the State.
(2) The non-Federal lands have high wildlife conservation
or recreation value or the exchange is necessary to increase
management efficiencies of lands administered by the Forest
Service for the purposes of the National Forest System.
(3) The non-Federal lands have equal or greater value to
the Federal lands purposed for exchange or a balance of values
can be achieved--
(A) with a grant of funds provided by the O&C Trust
pursuant to section 315(c); or
(B) from other sources.
(c) Criteria for Exchanges With O&C Trust.--The Secretary of
Agriculture may conduct land exchanges with the Board of Trustees
administratively under this subsection, and such an exchange shall be
deemed to not involve any Federal action or Federal discretionary
involvement or control if the land exchange with the O&C Trust meets
the following criteria:
(1) The O&C Trust lands to be exchanged have high wildlife
value or ecological value or the exchange would facilitate
resource management or otherwise contribute to the management
efficiency of the lands administered by the Forest Service.
(2) The exchange is requested or approved by the Board of
Trustees for the O&C Trust and will not impair the ability of
the Board of Trustees to meet its fiduciary responsibilities.
(3) The lands to be exchanged by the Forest Service do not
contain stands of timber meeting the definition of old growth
established by the Old Growth Review Panel pursuant to section
324.
(4) The lands to be exchanged are equal in acreage.
(d) Acreage Limitation.--The Secretary of Agriculture shall not
approve land exchanges under this section that, taken together with all
previous exchanges involving the lands described in subsection (a),
have the effect of reducing the total acreage of such lands by more
than five percent from the total acreage originally transferred to the
Secretary.
(e) Inapplicability of Certain Laws.--Section 3 of the Oregon
Public Lands Transfer and Protection Act of 1998 (Public Law 105-321;
112 Stat. 3022), the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et. seq.), including the amendments made by the Federal
Land Exchange Facilitation Act of 1988 (Public Law 100-409; 102 Stat.
1086), the Act of March 20, 1922 (16 U.S.C. 485, 486), and the Act of
March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480 et seq.)
shall not apply to the land exchange authority provided by this
section.
SEC. 324. REVIEW PANEL AND OLD GROWTH PROTECTION.
(a) Appointment; Members.--Within 60 days after the date of the
enactment of this Act the Secretary of Agriculture shall appoint an Old
Growth Review Panel consisting of five members. At a minimum, the
members must hold a Doctor of Philosophy degree in wildlife biology,
forestry, ecology, or related field and published peer-reviewed
academic articles in their field of expertise.
(b) Purpose of Review.--Members of the Old Growth Review Panel
shall review existing, published, peer-reviewed articles in relevant
academic journals and establish a definition or definitions of old
growth as it applies to the ecologically, geographically and
climatologically unique Oregon and California Railroad Grant lands and
O&C Region Public Domain lands managed by the O&C Trust or the Forest
Service only. The definition or definitions shall bear no legal force,
shall not be used as a precedent for, and shall not apply to any lands
other than the Oregon and California Railroad Grant lands and O&C
Region Public Domain lands managed by the O&C Trust or the Forest
Service in western Oregon. The definition or definitions shall not
apply to Tribal lands.
(c) Submission of Results.--The definition or definitions for old
growth in western Oregon established under subsection (b), if approved
by at least four members of the Old Growth Review Panel, shall be
submitted to the Secretary of Agriculture within six months after the
date of the enactment of this Act.
SEC. 325. UNIQUENESS OF OLD GROWTH PROTECTION ON OREGON AND CALIFORNIA
RAILROAD GRANT LANDS.
All sections of this subtitle referring to the term ``old growth''
are uniquely suited to resolve management issues for the lands covered
by this subtitle only, and shall not be construed as precedent for any
other situation involving management of other Federal, State, Tribal,
or private lands.
CHAPTER 3--TRANSITION
SEC. 331. TRANSITION PERIOD AND OPERATIONS.
(a) Transition Period.--
(1) Commencement; duration.--Effective on October 1 of the
first fiscal year beginning after the appointment of the Board
of Trustees under section 313, a transition period of three
fiscal years shall commence.
(2) Exceptions.--Unless specifically stated in the
following subsections, any action under this section shall be
deemed not to involve Federal agency action or Federal
discretionary involvement or control.
(b) Year One.--
(1) Applicability.--During the first fiscal year of the
transition period, the activities described in this subsection
shall occur.
(2) Board of trustees activities.--The Board of Trustees
shall employ sufficient staff or contractors to prepare for
beginning management of O&C Trust lands and O&C Region Public
Domain lands in the second fiscal year of the transition
period, including preparation of management plans and a harvest
schedule for the lands over which management authority is
transferred to the O&C Trust in the second fiscal year.
(3) Forest service activities.--The Forest Service shall
begin preparing to assume management authority of all Oregon
and California Railroad Grant lands and O&C Region Public
Domain lands transferred under section 321 in the second fiscal
year.
(4) Secretary concerned activities.--The Secretary
concerned shall continue to exercise management authority over
all Oregon and California Railroad Grant lands and O&C Region
Public Domain lands under all existing Federal laws.
(5) Information sharing.--Upon written request from the
Board of Trustees, the Secretary of the Interior shall provide
copies of any documents or data, however stored or maintained,
that includes the requested information concerning O&C Trust
lands. The copies shall be provided as soon as practicable and
to the greatest extent possible, but in no event later than 30
days following the date of the request.
(6) Exception.--This subsection does not apply to Tribal
lands transferred under subtitle D.
(c) Year Two.--
(1) Applicability.--During the second fiscal year of the
transition period, the activities described in this subsection
shall occur.
(2) Transfer of o&c trust lands.--Effective on October 1 of
the second fiscal year of the transition period, management
authority over the O&C Trust lands shall be transferred to the
O&C Trust.
(3) Transfer of lands to forest service.--The transfers
required by section 321 shall occur.
(4) Information sharing.--The Secretary of Agriculture
shall obtain and manage, as soon as practicable, all documents
and data relating to the Oregon and California Railroad Grant
lands, O&C Region Public Domain lands, and Coos Bay Wagon Road
lands previously managed by the Bureau of Land Management. Upon
written request from the Board of Trustees, the Secretary of
Agriculture shall provide copies of any documents or data,
however stored or maintained, that includes the requested
information concerning O&C Trust lands. The copies shall be
provided as soon as practicable and to the greatest extent
possible, but in no event later than 30 days following the date
of the request.
(5) Implementation of management plan.--The Board of
Trustees shall begin implementing its management plan for the
O&C Trust lands and revise the plan as necessary. Distribution
of revenues generated from all activities on the O&C Trust
lands shall be subject to section 315.
(d) Year Three and Subsequent Years.--
(1) Applicability.--During the third fiscal year of the
transition period and all subsequent fiscal years, the
activities described in this subsection shall occur.
(2) Board of trustees management.--The Board of Trustees
shall manage the O&C Trust lands pursuant to subtitle A.
SEC. 332. O&C TRUST MANAGEMENT CAPITALIZATION.
(a) Borrowing Authority.--The Board of Trustees is authorized to
borrow from any available private sources and non-Federal, public
sources in order to provide for the costs of organization,
administration, and management of the O&C Trust during the three-year
transition period provided in section 331.
(b) Support.--Notwithstanding any other provision of law, O&C Trust
counties are authorized to loan to the O&C Trust, and the Board of
Trustees is authorized to borrow from willing O&C Trust counties,
amounts held on account by such counties that are required to be
expended in accordance with the Act of May 23,1908 (35 Stat. 260; 16
U.S.C. 500) and section 13 of the Act of March 1, 1911 (36 Stat. 963;
16 U.S.C. 500), except that, upon repayment by the O&C Trust, the
obligation of such counties to expend the funds in accordance with such
Acts shall continue to apply.
SEC. 333. EXISTING BUREAU OF LAND MANAGEMENT AND FOREST SERVICE
CONTRACTS.
(a) Treatment of Existing Contracts.--Any work or timber contracts
sold or awarded by the Bureau of Land Management or Forest Service on
or with respect to Oregon and California Railroad Grant lands or O&C
Region Public Domain lands before the transfer of the lands to the O&C
Trust or the Forest Service, or Tribal lands transferred under subtitle
D, shall remain binding and effective according to the terms of the
contracts after the transfer of the lands. The Board of Trustees and
Secretary concerned shall make such accommodations as are necessary to
avoid interfering in any way with the performance of the contracts.
(b) Treatment of Payments Under Contracts.--Payments made pursuant
to the contracts described in subsection (a), if any, shall be made as
provided in those contracts and not made to the O&C Trust.
SEC. 334. PROTECTION OF VALID EXISTING RIGHTS AND ACCESS TO NON-FEDERAL
LAND.
(a) Valid Rights.--Nothing in this title, or any amendment made by
this title, shall be construed as terminating any valid lease, permit,
patent, right-of-way, agreement, or other right of authorization
existing on the date of the enactment of this Act with regard to Oregon
and California Railroad Grant lands or O&C Region Public Domain lands,
including O&C Trust lands over which management authority is
transferred to the O&C Trust pursuant to section 311(c)(1), lands
transferred to the Forest Service under section 321, and Tribal lands
transferred under subtitle D.
(b) Access to Lands.--
(1) Existing access rights.--The Secretary concerned shall
preserve all rights of access and use, including (but not
limited to) reciprocal right-of-way agreements, tail hold
agreements, or other right-of-way or easement obligations
existing on the date of the enactment of this Act, and such
rights shall remain applicable to lands covered by this
subtitle in the same manner and to the same extent as such
rights applied before the date of the enactment of this Act.
(2) New access rights.--If a current or future landowner of
land intermingled with Oregon and California Railroad Grant
lands or O&C Region Public Domain lands does not have an
existing access agreement related to the lands covered by this
subtitle, the Secretary concerned shall enter into an access
agreement, including appurtenant lands, to secure the landowner
the reasonable use and enjoyment of the landowner's land,
including the harvest and hauling of timber.
(c) Management Cooperation.--The Board of Trustees and the
Secretary concerned shall provide current and future landowners of land
intermingled with Oregon and California Railroad Grant lands or O&C
Region Public Domain lands the permission needed to manage their lands,
including to locate tail holds, tramways, and logging wedges, to
purchase guylines, and to cost-share property lines surveys to the
lands covered by this subtitle, within 30 days after receiving
notification of the landowner's plan of operation.
(d) Judicial Review.--Notwithstanding section 312(g)(2), a private
landowner may obtain judicial review of a decision of the Board of
Trustees to deny--
(1) the landowner the rights provided by subsection (b)
regarding access to the landowner's land; or
(2) the landowner the reasonable use and enjoyment of the
landowner's land.
SEC. 335. REPEAL OF SUPERSEDED LAW RELATING TO OREGON AND CALIFORNIA
RAILROAD GRANT LANDS.
(a) Repeal.--Except as provided in subsection (b), the Act of
August 28, 1937 (43 U.S.C. 1181a et seq.) is repealed effective on
October 1 of the first fiscal year beginning after the appointment of
the Board of Trustees.
(b) Effect of Certain Court Rulings.--If, as a result of judicial
review authorized by section 312, any provision of this subtitle is
held to be invalid and implementation of the provision or any activity
conducted under the provision is then enjoined, the Act of August 28,
1937 (43 U.S.C. 1181a et seq.), as in effect immediately before its
repeal by subsection (a), shall be restored to full legal force and
effect as if the repeal had not taken effect.
Subtitle B--Coos Bay Wagon Roads
SEC. 341. TRANSFER OF MANAGEMENT AUTHORITY OVER CERTAIN COOS BAY WAGON
ROAD GRANT LANDS TO COOS COUNTY, OREGON.
(a) Transfer Required.--Except in the case of the lands described
in subsection (b), the Secretary of the Interior shall transfer
management authority over the Coos Bay Wagon Road Grant lands
reconveyed to the United States pursuant to the first section of the
Act of February 26, 1919 (40 Stat. 1179), and the surface resources
thereon, to the Coos County government. The transfer shall be completed
not later than one year after the date of the enactment of this Act.
(b) Lands Excluded.--The transfer under subsection (a) shall not
include any of the following Coos Bay Wagon Road Grant lands:
(1) Federal lands within the National Landscape
Conservation System as of January 1, 2013.
(2) Federal lands designated as Areas of Critical
Environmental Concern as of January 1, 2013.
(3) Federal lands that were in the National Wilderness
Preservation System as of January 1, 2013.
(4) Federal lands included in the National Wild and Scenic
Rivers System of January 1, 2013.
(5) Federal lands within the boundaries of a national
monument, park, or other developed recreation area as of
January 1, 2013.
(6) All stands of timber generally older than 125 years
old, as of January 1, 2011, which shall be conclusively
determined by reference to the polygon spatial data layer in
the electronic data compilation filed by the Bureau of Land
Management based on the predominant birth-date attribute, and
the boundaries of such stands shall be conclusively determined
for all purposes by the global positioning system coordinates
for such stands.
(7) Tribal lands addressed in subtitle D.
(c) Management.--
(1) In general.--Coos County shall manage the Coos Bay
Wagon Road Grant lands over which management authority is
transferred under subsection (a) consistent with section 314,
and for purposes of applying such section, ``Board of
Trustees'' shall be deemed to mean ``Coos County'' and ``O&C
Trust lands'' shall be deemed to mean the transferred lands.
(2) Responsibility for management costs.--Coos County shall
be responsible for all management and administrative costs of
the Coos Bay Wagon Road Grant lands over which management
authority is transferred under subsection (a).
(3) Management contracts.--Coos County may contract, if
competitively bid, with one or more public, private, or tribal
entities, including (but not limited to) the Coquille Indian
Tribe, if such entities are substantially based in Coos or
Douglas Counties, Oregon, to manage and administer the lands.
(d) Treatment of Revenues.--
(1) In general.--All revenues generated from the Coos Bay
Wagon Road Grant lands over which management authority is
transferred under subsection (a) shall be deposited in the
general fund of the Coos County treasury to be used as are
other unrestricted county funds.
(2) Treasury.--As soon as practicable after the end of the
third fiscal year of the transition period and in each of the
subsequent seven fiscal years, Coos County shall submit a
payment of $400,000 to the United States Treasury.
(3) Douglas county.--Beginning with the first fiscal year
for which management of the Coos Bay Wagon Road Grant lands
over which management authority is transferred under subsection
(a) generates net positive revenues, and for all subsequent
fiscal years, Coos County shall transmit a payment to the
general fund of the Douglas County treasury from the net
revenues generated from the lands. The payment shall be made as
soon as practicable following the end of each fiscal year and
the amount of the payment shall bear the same proportion to
total net revenues for the fiscal year as the proportion of the
Coos Bay Wagon Road Grant lands in Douglas County in relation
to all Coos Bay Wagon Road Grant lands in Coos and Douglas
Counties as of January 1, 2013.
SEC. 342. TRANSFER OF CERTAIN COOS BAY WAGON ROAD GRANT LANDS TO FOREST
SERVICE.
The Secretary of the Interior shall transfer administrative
jurisdiction over the Coos Bay Wagon Road Grant lands excluded by
paragraphs (1) through (6) of section 341(b) to the Secretary of
Agriculture for inclusion in the National Forest System and
administration by the Forest Service as provided in section 322.
SEC. 343. LAND EXCHANGE AUTHORITY.
Coos County may recommend land exchanges to the Secretary of
Agriculture and carry out such land exchanges in the manner provided in
section 316.
Subtitle C--Oregon Treasures
CHAPTER 1--WILDERNESS AREAS
SEC. 351. DESIGNATION OF DEVIL'S STAIRCASE WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), the Federal land in the State of Oregon
administered by the Forest Service and the Bureau of Land Management,
comprising approximately 30,520 acres, as generally depicted on the map
titled ``Devil's Staircase Wilderness Proposal'', dated October 26,
2009, are designated as a wilderness area for inclusion in the National
Wilderness Preservation System and to be known as the ``Devil's
Staircase Wilderness''.
(b) Map and Legal Description.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall file with the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a map and legal
description of wilderness area designated by subsection (a). The map
and legal description shall have the same force and effect as if
included in this subdivision, except that the Secretary may correct
clerical and typographical errors in the map and description. In the
case of any discrepancy between the acreage specified in subsection (a)
and the map, the map shall control. The map and legal description shall
be on file and available for public inspection in the Office of the
Chief of the Forest Service.
(c) Administration.--
(1) In general.--Subject to valid existing rights, the
Devil's Staircase Wilderness Area shall be administered by the
Secretaries of Agriculture and the Interior, in accordance with
the Wilderness Act and the Oregon Wilderness Act of 1984,
except that, with respect to the wilderness area, any reference
in the Wilderness Act to the effective date of that Act shall
be deemed to be a reference to the date of the enactment of
this Act.
(2) Forest service roads.--As provided in section 4(d)(1)
of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary of
Agriculture shall--
(A) decommission any National Forest System road
within the wilderness boundaries; and
(B) convert Forest Service Road 4100 within the
wilderness boundary to a trail for primitive
recreational use.
(d) Incorporation of Acquired Land and Interests.--Any land within
the boundary of the wilderness area designated by this section that is
acquired by the United States shall--
(1) become part of the Devil's Staircase Wilderness Area;
and
(2) be managed in accordance with this section and any
other applicable law.
(e) Fish and Wildlife.--Nothing in this section shall be construed
as affecting the jurisdiction or responsibilities of the State of
Oregon with respect to wildlife and fish in the national forests.
(f) Withdrawal.--Subject to valid rights in existence on the date
of enactment of this Act, the Federal land designated as wilderness
area by this section is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(g) Protection of Tribal Rights.--Nothing in this section shall be
construed to diminish--
(1) the existing rights of any Indian tribe; or
(2) tribal rights regarding access to Federal lands for
tribal activities, including spiritual, cultural, and
traditional food gathering activities.
SEC. 352. EXPANSION OF WILD ROGUE WILDERNESS AREA.
(a) Expansion.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), certain Federal land managed by the Bureau of Land
Management, comprising approximately 58,100 acres, as generally
depicted on the map entitled ``Wild Rogue'', dated September 16, 2010,
are hereby included in the Wild Rogue Wilderness, a component of the
National Wilderness Preservation System.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of the Interior shall file
a map and a legal description of the wilderness area designated
by this section, with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may
correct typographical errors in the maps and legal
descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(c) Administration.--Subject to valid existing rights, the area
designated as wilderness by this section shall be administered by the
Secretary of Agriculture in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.).
(d) Withdrawal.--Subject to valid rights in existence on the date
of enactment of this Act, the Federal land designated as wilderness by
this section is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
CHAPTER 2--WILD AND SCENIC RIVER DESIGNATED AND RELATED PROTECTIONS
SEC. 361. WILD AND SCENIC RIVER DESIGNATIONS, MOLALLA RIVER.
(a) Designations.--Section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) is amended by adding at the end the following:
``(__) Molalla river, oregon.--The following segments in
the State of Oregon, to be administered by the Secretary of the
Interior as a recreational river:
``(A) The approximately 15.1-mile segment from the
southern boundary line of T. 7 S., R. 4 E., sec. 19,
downstream to the edge of the Bureau of Land Management
boundary in T. 6 S., R. 3 E., sec. 7.
``(B) The approximately 6.2-mile segment from the
easternmost Bureau of Land Management boundary line in
the NE\1/4\ sec. 4, T. 7 S., R. 4 E., downstream to the
confluence with the Molalla River.''.
(b) Technical Corrections.--Section 3(a)(102) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)(102)) is amended--
(1) in the heading, by striking ``Squaw Creek'' and
inserting ``Whychus Creek'';
(2) in the matter preceding subparagraph (A), by striking
``McAllister Ditch, including the Soap Fork Squaw Creek, the
North Fork, the South Fork, the East and West Forks of Park
Creek, and Park Creek Fork'' and inserting ``Plainview Ditch,
including the Soap Creek, the North and South Forks of Whychus
Creek, the East and West Forks of Park Creek, and Park Creek'';
and
(3) in subparagraph (B), by striking ``McAllister Ditch''
and inserting ``Plainview Ditch''.
SEC. 362. WILD AND SCENIC RIVERS ACT TECHNICAL CORRECTIONS RELATED TO
CHETCO RIVER.
Section 3(a)(69) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)(69)) is amended--
(1) by inserting before the ``The 44.5-mile'' the
following:
``(A) Designations.--'';
(2) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively (and by moving the
margins 2 ems to the right);
(3) in clause (i), as redesignated--
(A) by striking ``25.5-mile'' and inserting ``27.5-
mile''; and
(B) by striking ``Boulder Creek at the Kalmiopsis
Wilderness boundary'' and inserting ``Mislatnah
Creek'';
(4) in clause (ii), as redesignated--
(A) by striking ``8'' and inserting ``7.5'';
(B) by striking ``Boulder Creek'' and inserting
``Mislatnah Creek''; and
(C) by striking ``Steel Bridge'' and inserting
``Eagle Creek'';
(5) in clause (iii), as redesignated--
(A) by striking ``11'' and inserting ``9.5''; and
(B) by striking ``Steel Bridge'' and inserting
``Eagle Creek''; and
(6) by adding at the end the following:
``(B) Withdrawal.--Subject to valid rights, the Federal
land within the boundaries of the river segments designated by
subparagraph (A), is withdrawn from all forms of--
``(i) entry, appropriation, or disposal under the
public land laws;
``(ii) location, entry, and patent under the mining
laws; and
``(iii) disposition under all laws pertaining to
mineral and geothermal leasing or mineral materials.''.
SEC. 363. WILD AND SCENIC RIVER DESIGNATIONS, WASSON CREEK AND FRANKLIN
CREEK.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following:
``(__) Franklin creek, oregon.--The 4.5-mile segment from
the headwaters to the private land boundary in section 8 to be
administered by the Secretary of Agriculture as a wild river.
``(__) Wasson creek, oregon.--
``(A) The 4.2-mile segment from the eastern edge of
section 17 downstream to the boundary of sections 11
and 12 to be administered by the Secretary of Interior
as a wild river.
``(B) The 5.9-mile segment downstream from the
boundary of sections 11 and 12 to the private land
boundary in section 22 to be administered by the
Secretary of Agriculture as a wild river.''.
SEC. 364. WILD AND SCENIC RIVER DESIGNATIONS, ROGUE RIVER AREA.
(a) Designations.--Section 3(a)(5) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)(5)) (relating to the Rogue River, Oregon) is
amended by adding at the end the following: ``In addition to the
segment described in the previous sentence, the following segments in
the Rogue River area are designated:
``(A) Kelsey creek.--The approximately 4.8 miles of Kelsey
Creek from east section line of T32S, R9W, sec. 34, W.M. to the
confluence with the Rogue River as a wild river.
``(B) East fork kelsey creek.--The approximately 4.6 miles
of East Fork Kelsey Creek from the Wild Rogue Wilderness
boundary in T33S, R8W, sec. 5, W.M. to the confluence with
Kelsey Creek as a wild river.
``(C) Whisky creek.--
``(i) The approximately 0.6 miles of Whisky Creek
from the confluence of the East Fork and West Fork to
0.1 miles downstream from road 33-8-23 as a
recreational river.
``(ii) The approximately 1.9 miles of Whisky Creek
from 0.1 miles downstream from road 33-8-23 to the
confluence with the Rogue River as a wild river.
``(D) East fork whisky creek.--
``(i) The approximately 2.8 miles of East Fork
Whisky Creek from the Wild Rogue Wilderness boundary in
T33S, R8W, sec. 11, W.M. to 0.1 miles downstream of
road 33-8-26 crossing as a wild river.
``(ii) The approximately .3 miles of East Fork
Whisky Creek from 0.1 miles downstream of road 33-8-26
to the confluence with Whisky Creek as a recreational
river.
``(E) West fork whisky creek.--The approximately 4.8 miles
of West Fork Whisky Creek from its headwaters to the confluence
with Whisky Creek as a wild river.
``(F) Big windy creek.--
``(i) The approximately 1.5 miles of Big Windy
Creek from its headwaters to 0.1 miles downstream from
road 34-9-17.1 as a scenic river.
``(ii) The approximately 5.8 miles of Big Windy
Creek from 0.1 miles downstream from road 34-9-17.1 to
the confluence with the Rogue River as a wild river.
``(G) East fork big windy creek.--
``(i) The approximately 0.2 miles of East Fork Big
Windy Creek from its headwaters to 0.1 miles downstream
from road 34-8-36 as a scenic river.
``(ii) The approximately 3.7 miles of East Fork Big
Windy Creek from 0.1 miles downstream from road 34-8-36
to the confluence with Big Windy Creek as a wild river.
``(H) Little windy creek.--The approximately 1.9 miles of
Little Windy Creek from 0.1 miles downstream of road 34-8-36 to
the confluence with the Rogue River as a wild river.
``(I) Howard creek.--
``(i) The approximately 0.3 miles of Howard Creek
from its headwaters to 0.1 miles downstream of road 34-
9-34 as a scenic river.
``(ii) The approximately 6.9 miles of Howard Creek
from 0.1 miles downstream of road 34-9-34 to the
confluence with the Rogue River as a wild river.
``(J) Mule creek.--The approximately 6.3 miles of Mule
Creek from east section line of T32S, R10W, sec. 25, W.M. to
the confluence with the Rogue River as a wild river.
``(K) Anna creek.--The approximately 3.5-mile section of
Anna Creek from its headwaters to the confluence with Howard
Creek as a wild river.
``(L) Missouri creek.--The approximately 1.6 miles of
Missouri Creek from the Wild Rogue Wilderness boundary in T33S,
R10W, sec. 24, W.M. to the confluence with the Rogue River as a
wild river.
``(M) Jenny creek.--The approximately 1.8 miles of Jenny
Creek from the Wild Rogue Wilderness boundary in T33S, R9W,
sec. 28, W.M. to the confluence with the Rogue River as a wild
river.
``(N) Rum creek.--The approximately 2.2 miles of Rum Creek
from the Wild Rogue Wilderness boundary in T34S, R8W, sec. 9,
W.M. to the confluence with the Rogue River as a wild river.
``(O) East fork rum creek.--The approximately 1.5 miles of
East Rum Creek from the Wild Rogue Wilderness boundary in T34S,
R8W, sec. 10, W.M. to the confluence with Rum Creek as a wild
river.
``(P) Wildcat creek.--The approximately 1.7-mile section of
Wildcat Creek from its headwaters downstream to the confluence
with the Rogue River as a wild river.
``(Q) Montgomery creek.--The approximately 1.8-mile section
of Montgomery Creek from its headwaters downstream to the
confluence with the Rogue River as a wild river.
``(R) Hewitt creek.--The approximately 1.2 miles of Hewitt
Creek from the Wild Rogue Wilderness boundary in T33S, R9W,
sec. 19, W.M. to the confluence with the Rogue River as a wild
river.
``(S) Bunker creek.--The approximately 6.6 miles of Bunker
Creek from its headwaters to the confluence with the Rogue
River as a wild river.
``(T) Dulog creek.--
``(i) The approximately 0.8 miles of Dulog Creek
from its headwaters to 0.1 miles downstream of road 34-
8-36 as a scenic river.
``(ii) The approximately 1.0 miles of Dulog Creek
from 0.1 miles downstream of road 34-8-36 to the
confluence with the Rogue River as a wild river.
``(U) Quail creek.--The approximately 1.7 miles of Quail
Creek from the Wild Rogue Wilderness boundary in T33S, R10W,
sec. 1, W.M. to the confluence with the Rogue River as a wild
river.
``(V) Meadow creek.--The approximately 4.1 miles of Meadow
Creek from its headwaters to the confluence with the Rogue
River as a wild river.
``(W) Russian creek.--The approximately 2.5 miles of
Russian Creek from the Wild Rogue Wilderness boundary in T33S,
R8W, sec. 20, W.M. to the confluence with the Rogue River as a
wild river.
``(X) Alder creek.--The approximately 1.2 miles of Alder
Creek from its headwaters to the confluence with the Rogue
River as a wild river.
``(Y) Booze creek.--The approximately 1.5 miles of Booze
Creek from its headwaters to the confluence with the Rogue
River as a wild river.
``(Z) Bronco creek.--The approximately 1.8 miles of Bronco
Creek from its headwaters to the confluence with the Rogue
River as a wild river.
``(AA) Copsey creek.--The approximately 1.5 miles of Copsey
Creek from its headwaters to the confluence with the Rogue
River as a wild river.
``(BB) Corral creek.--The approximately 0.5 miles of Corral
Creek from its headwaters to the confluence with the Rogue
River as a wild river.
``(CC) Cowley creek.--The approximately 0.9 miles of Cowley
Creek from its headwaters to the confluence with the Rogue
River as a wild river.
``(DD) Ditch creek.--The approximately 1.8 miles of Ditch
Creek from the Wild Rogue Wilderness boundary in T33S, R9W,
sec. 5, W.M. to its confluence with the Rogue River as a wild
river.
``(EE) Francis creek.--The approximately 0.9 miles of
Francis Creek from its headwaters to the confluence with the
Rogue River as a wild river.
``(FF) Long gulch.--The approximately 1.1 miles of Long
Gulch from the Wild Rogue Wilderness boundary in T33S, R10W,
sec. 23, W.M. to the confluence with the Rogue River as a wild
river.
``(GG) Bailey creek.--The approximately 1.7 miles of Bailey
Creek from the west section line of T34S, R8W, sec. 14, W.M. to
the confluence of the Rogue River as a wild river.
``(HH) Shady creek.--The approximately 0.7 miles of Shady
Creek from its headwaters to the confluence with the Rogue
River as a wild river.
``(II) Slide creek.--
``(i) The approximately 0.5-mile section of Slide
Creek from its headwaters to 0.1 miles downstream from
road 33-9-6 as a scenic river.
``(ii) The approximately 0.7-mile section of Slide
Creek from 0.1 miles downstream of road 33-9-6 to the
confluence with the Rogue River as a wild river.''.
(b) Management.--All wild, scenic, and recreation classified
segments designated by the amendment made by subsection (a) shall be
managed as part of the Rogue Wild and Scenic River.
(c) Withdrawal.--Subject to valid rights, the Federal land within
the boundaries of the river segments designated by the amendment made
by subsection (a) is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
SEC. 365. ADDITIONAL PROTECTIONS FOR ROGUE RIVER TRIBUTARIES.
(a) Withdrawal.--Subject to valid rights, the Federal land within a
quarter-mile on each side of the streams listed in subsection (b) is
withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(b) Stream Segments.--Subsection (a) applies the following
tributaries of the Rogue River:
(1) Kelsey creek.--The approximately 4.5 miles of Kelsey
Creek from its headwaters to the east section line of 32S 9W
sec. 34.
(2) East fork kelsey creek.--The approximately .2 miles of
East Fork Kelsey Creek from its headwaters to the Wild Rogue
Wilderness boundary in 33S 8W sec. 5.
(3) East fork whisky creek.--The approximately .7 miles of
East Fork Whisky Creek from its headwaters to the Wild Rogue
Wilderness boundary in 33S 8W section 11.
(4) Little windy creek.--The approximately 1.2 miles of
Little Windy Creek from its headwaters to west section line of
33S 9W sec. 34.
(5) Mule creek.--The approximately 5.1 miles of Mule Creek
from its headwaters to east section line of 32S 10W sec. 25.
(6) Missouri creek.--The approximately 3.1 miles of
Missouri Creek from its headwaters to the Wild Rogue Wilderness
boundary in 33S 10W sec. 24.
(7) Jenny creek.--The approximately 3.1 miles of Jenny
Creek from its headwaters to the Wild Rogue Wilderness boundary
in 33S 9W sec. 28.
(8) Rum creek.--The approximately 2.2 miles of Rum Creek
from its headwaters to the Wild Rogue Wilderness boundary in
34S 8W sec. 9.
(9) East fork rum creek.--The approximately .5 miles of
East Fork Rum Creek from its headwaters to the Wild Rogue
Wilderness boundary in 34S 8W sec. 10.
(10) Hewitt creek.--The approximately 1.4 miles of Hewitt
Creek from its headwaters to the Wild Rogue Wilderness boundary
in 33S 9W sec. 19.
(11) Quail creek.--The approximately .8 miles of Quail
Creek from its headwaters to the Wild Rogue Wilderness boundary
in 33S 10W sec. 1.
(12) Russian creek.--The approximately .1 miles of Russian
Creek from its headwaters to the Wild Rogue Wilderness boundary
in 33S 8W sec. 20.
(13) Ditch creek.--The approximately .7 miles of Ditch
Creek from its headwaters to the Wild Rogue Wilderness boundary
in 33S 9W sec. 5.
(14) Long gulch.--The approximately 1.4 miles of Long Gulch
from its headwaters to the Wild Rogue Wilderness boundary in
33S 10W sec. 23.
(15) Bailey creek.--The approximately 1.4 miles of Bailey
Creek from its headwaters to west section line of 34S 8W sec.
14.
(16) Quartz creek.--The approximately 3.3 miles of Quartz
Creek from its headwaters to its confluence with the North Fork
Galice Creek.
(17) North fork galice creek.--The approximately 5.7 miles
of the North Fork Galice Creek from its headwaters to its
confluence with Galice Creek.
(18) Grave creek.--The approximately 10.2 mile section of
Grave Creek from the confluence of Wolf Creek downstream to the
confluence with the Rogue River.
(19) Centennial gulch.--The approximately 2.2 miles of
Centennial Gulch from its headwaters to its confluence with the
Rogue River.
CHAPTER 3--ADDITIONAL PROTECTIONS
SEC. 371. LIMITATIONS ON LAND ACQUISITION.
(a) Prohibition on Use of Condemnation.--The Secretary of the
Interior or the Secretary of Agriculture may not acquire by
condemnation any land or interest within the boundaries of the river
segments or wilderness designated by this subtitle.
(b) Landowner Consent Required.--Private or non-Federal public
property shall not be included within the boundaries of the river
segments or wilderness designated by this subtitle unless the owner of
the property has consented in writing to having that property included
in such boundaries.
SEC. 372. OVERFLIGHTS.
(a) In General.--Nothing in this subtitle or the Wilderness Act
shall preclude low-level overflights and operations of military
aircraft, helicopters, missiles, or unmanned aerial vehicles over the
wilderness designated by this subtitle, including military overflights
and operations that can be seen or heard within the wilderness.
(b) Special Use Airspace and Training Routes.--Nothing in this
subtitle or the Wilderness Act shall preclude the designation of new
units of special use airspace, the expansion of existing units of
special use airspace, or the use or establishment of military training
routes over wilderness designated by this subtitle.
SEC. 373. BUFFER ZONES.
Nothing in this subtitle--
(1) establishes or authorizes the establishment of a
protective perimeter or buffer zone around the boundaries of
the river segments or wilderness designated by this subtitle;
or
(2) precludes, limits, or restricts an activity from being
conducted outside such boundaries, including an activity that
can be seen or heard from within such boundaries.
SEC. 374. PREVENTION OF WILDFIRES.
The designation of a river segment or wilderness by this subtitle
or the withdrawal of the Federal land under this subtitle shall not be
construed to interfere with the authority of the Secretary of the
Interior or the Secretary of Agriculture to authorize mechanical
thinning of trees or underbrush to prevent or control the spread of
wildfires, or conditions creating the risk of wildfire that threatens
areas outside the boundary of the wilderness, or the use of mechanized
equipment for wildfire pre-suppression and suppression.
SEC. 375. LIMITATION ON DESIGNATION OF CERTAIN LANDS IN OREGON.
A national monument designation under the Act of June 8, 1906
(commonly known as the Antiquities Act; 16 U.S.C. 431 et seq.) within
or on any portion of the Oregon and California Railroad Grant Lands or
the O&C Region Public Domain lands, regardless of whether management
authority over the lands are transferred to the O&C Trust pursuant to
section 311(c)(1), the lands are excluded from the O&C Trust pursuant
to section 311(c)(2), or the lands are transferred to the Forest
Service under section 321, shall only be made pursuant to Congressional
approval in an Act of Congress.
CHAPTER 4--EFFECTIVE DATE
SEC. 381. EFFECTIVE DATE.
(a) In General.--This subtitle and the amendments made by this
subtitle shall take effect on October 1 of the second fiscal year of
the transition period.
(b) Exception.--If, as a result of judicial review authorized by
section 312, any provision of subtitle A is held to be invalid and
implementation of the provision or any activity conducted under the
provision is enjoined, this subtitle and the amendments made by this
subtitle shall not take effect, or if the effective date specified in
subsection (a) has already occurred, this subtitle shall have no force
and effect and the amendments made by this subtitle are repealed.
Subtitle D--Tribal Trust Lands
PART 1--COUNCIL CREEK LAND CONVEYANCE
SEC. 391. DEFINITIONS.
In this part:
(1) Council creek land.--The term ``Council Creek land''
means the approximately 17,519 acres of land, as generally
depicted on the map entitled ``Canyon Mountain Land
Conveyance'' and dated June 27, 2013.
(2) Tribe.--The term ``Tribe'' means the Cow Creek Band of
Umpqua Tribe of Indians.
SEC. 392. CONVEYANCE.
(a) In General.--Subject to valid existing rights, including
rights-of-way, all right, title, and interest of the United States in
and to the Council Creek land, including any improvements located on
the land, appurtenances to the land, and minerals on or in the land,
including oil and gas, shall be--
(1) held in trust by the United States for the benefit of
the Tribe; and
(2) part of the reservation of the Tribe.
(b) Survey.--Not later than one year after the date of enactment of
this Act, the Secretary of the Interior shall complete a survey of the
boundary lines to establish the boundaries of the land taken into trust
under subsection (a).
SEC. 393. MAP AND LEGAL DESCRIPTION.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary of the Interior shall file a map and legal
description of the Council Creek land with--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
(b) Force and Effect.--The map and legal description filed under
subsection (a) shall have the same force and effect as if included in
this subdivision, except that the Secretary of the Interior may correct
any clerical or typographical errors in the map or legal description.
(c) Public Availability.--The map and legal description filed under
subsection (a) shall be on file and available for public inspection in
the Office of the Secretary of the Interior.
SEC. 394. ADMINISTRATION.
(a) In General.--Unless expressly provided in this part, nothing in
this part affects any right or claim of the Tribe existing on the date
of enactment of this Act to any land or interest in land.
(b) Prohibitions.--
(1) Exports of unprocessed logs.--Federal law (including
regulations) relating to the export of unprocessed logs
harvested from Federal land shall apply to any unprocessed logs
that are harvested from the Council Creek land.
(2) Non-permissible use of land.--Any real property taken
into trust under section 392 shall not be eligible, or used,
for any gaming activity carried out under Public Law 100-497
(25 U.S.C. 2701 et seq.).
(c) Forest Management.--Any forest management activity that is
carried out on the Council Creek land shall be managed in accordance
with all applicable Federal laws.
PART 2--OREGON COASTAL LAND CONVEYANCE
SEC. 395. DEFINITIONS.
In this part:
(1) Oregon coastal land.--The term ``Oregon Coastal land''
means the approximately 14,804 acres of land, as generally
depicted on the map entitled ``Oregon Coastal Land Conveyance''
and dated March 5, 2013.
(2) Confederated tribes.--The term ``Confederated Tribes''
means the Confederated Tribes of Coos, Lower Umpqua, and
Siuslaw Indians.
SEC. 396. CONVEYANCE.
(a) In General.--Subject to valid existing rights, including
rights-of-way, all right, title, and interest of the United States in
and to the Oregon Coastal land, including any improvements located on
the land, appurtenances to the land, and minerals on or in the land,
including oil and gas, shall be--
(1) held in trust by the United States for the benefit of
the Confederated Tribes; and
(2) part of the reservation of the Confederated Tribes.
(b) Survey.--Not later than one year after the date of enactment of
this Act, the Secretary of the Interior shall complete a survey of the
boundary lines to establish the boundaries of the land taken into trust
under subsection (a).
SEC. 397. MAP AND LEGAL DESCRIPTION.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary of the Interior shall file a map and legal
description of the Oregon Coastal land with--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
(b) Force and Effect.--The map and legal description filed under
subsection (a) shall have the same force and effect as if included in
this subdivision, except that the Secretary of the Interior may correct
any clerical or typographical errors in the map or legal description.
(c) Public Availability.--The map and legal description filed under
subsection (a) shall be on file and available for public inspection in
the Office of the Secretary of the Interior.
SEC. 398. ADMINISTRATION.
(a) In General.--Unless expressly provided in this part, nothing in
this part affects any right or claim of the Consolidated Tribes
existing on the date of enactment of this Act to any land or interest
in land.
(b) Prohibitions.--
(1) Exports of unprocessed logs.--Federal law (including
regulations) relating to the export of unprocessed logs
harvested from Federal land shall apply to any unprocessed logs
that are harvested from the Oregon Coastal land.
(2) Non-permissible use of land.--Any real property taken
into trust under section 396 shall not be eligible, or used,
for any gaming activity carried out under Public Law 100-497
(25 U.S.C. 2701 et seq.).
(c) Forest Management.--Any forest management activity that is
carried out on the Oregon Coastal land shall be managed in accordance
with all applicable Federal laws.
TITLE IV--COMMUNITY FOREST MANAGEMENT DEMONSTRATION
SEC. 401. PURPOSE AND DEFINITIONS.
(a) Purpose.--The purpose of this title is to generate dependable
economic activity for counties and local governments by establishing a
demonstration program for local, sustainable forest management.
(b) Definitions.--In this title:
(1) Advisory committee.--The term ``Advisory Committee''
means the Advisory Committee appointed by the Governor of a
State for the community forest demonstration area established
for the State.
(2) Community forest demonstration area.--The term
``community forest demonstration area'' means a community
forest demonstration area established for a State under section
402.
(3) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)), except that the term does not include
the National Grasslands and land utilization projects
designated as National Grasslands administered pursuant to the
Act of July 22, 1937 (7 U.S.C. 1010-1012).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture or the designee of the Secretary of Agriculture.
(5) State.--The term ``State'' includes the Commonwealth of
Puerto Rico.
SEC. 402. ESTABLISHMENT OF COMMUNITY FOREST DEMONSTRATION AREAS.
(a) Establishment Required; Time for Establishment.--Subject to
subsection (c) and not later than one year after the date of the
enactment of this Act, the Secretary of Agriculture shall establish a
community forest demonstration area at the request of the Advisory
Committee appointed to manage community forest demonstration area land
in that State.
(b) Covered Land.--
(1) Inclusion of national forest system land.--The
community forest demonstration areas of a State shall consist
of the National Forest System land in the State identified for
inclusion by the Advisory Committee of that State.
(2) Exclusion of certain land.--A community forest
demonstration area shall not include National Forest System
land--
(A) that is a component of the National Wilderness
Preservation System;
(B) on which the removal of vegetation is
specifically prohibited by Federal statute;
(C) National Monuments; or
(D) over which administration jurisdiction was
first assumed by the Forest Service under title III.
(c) Conditions on Establishment.--
(1) Acreage requirement.--A community forest demonstration
area must include at least 200,000 acres of National Forest
System land. If the unit of the National Forest System in which
a community forest demonstration area is being established
contains more than 5,000,000 acres, the community forest
demonstration area may include 900,000 or more acres of
National Forest System land.
(2) Management law or best management practices
requirement.--A community forest demonstration area may be
established in a State only if the State--
(A) has a forest practices law applicable to State
or privately owned forest land in the State; or
(B) has established silvicultural best management
practices or other regulations for forest management
practices related to clean water, soil quality,
wildlife or forest health.
(3) Revenue sharing requirement.--As a condition of the
inclusion in a community forest demonstration area of National
Forest System land located in a particular county in a State,
the county must enter into an agreement with the Governor of
the State that requires that, in utilizing revenues received by
the county under section 406(b), the county shall continue to
meet any obligations under applicable State law as provided
under title I of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7111 et seq.) or as
provided in the sixth paragraph under the heading ``FOREST
SERVICE'' in the Act of May 23, 1908 (16 U.S.C. 500) and
section 13 of the Act of March 1, 1911 (16 U.S.C. 500).
(d) Treatment Under Certain Other Laws.--National Forest System
land included in a community forest demonstration area shall not be
considered Federal land for purposes of--
(1) making payments to counties under the sixth paragraph
under the heading ``FOREST SERVICE'' in the Act of May 23, 1908
(16 U.S.C. 500) and section 13 of the Act of March 1, 1911 (16
U.S.C. 500); or
(2) title I.
(e) Acreage Limitation.--Not more than a total of 4,000,000 acres
of National Forest System land may be established as community forest
demonstration areas.
(f) Recognition of Valid and Existing Rights.--Nothing in this
title shall be construed to limit or restrict--
(1) access to National Forest System land included in a
community forest demonstration area for hunting, fishing, and
other related purposes; or
(2) valid and existing rights regarding such National
Forest System land, including rights of any federally
recognized Indian tribe.
SEC. 403. ADVISORY COMMITTEE.
(a) Appointment.--A community forest demonstration area for a State
shall be managed by an Advisory Committee appointed by the Governor of
the State.
(b) Composition.--The Advisory Committee for a community forest
demonstration area in a State shall include, but is not limited to, the
following members:
(1) One member who holds county or local elected office,
appointed from each county or local governmental unit in the
State containing community forest demonstration area land.
(2) One member who represents the commercial timber, wood
products, or milling industry.
(3) One member who represents persons holding Federal
grazing or other land use permits.
(4) One member who represents recreational users of
National Forest System land.
(c) Terms.--
(1) In general.--Except in the case of certain initial
appointments required by paragraph (2), members of an Advisory
Committee shall serve for a term of three years.
(2) Initial appointments.--In making initial appointments
to an Advisory Committee, the Governor making the appointments
shall stagger terms so that at least one-third of the members
will be replaced every three years.
(d) Compensation.--Members of a Advisory Committee shall serve
without pay, but may be reimbursed from the funds made available for
the management of a community forest demonstration area for the actual
and necessary travel and subsistence expenses incurred by members in
the performance of their duties.
SEC. 404. MANAGEMENT OF COMMUNITY FOREST DEMONSTRATION AREAS.
(a) Assumption of Management.--
(1) Confirmation.--The Advisory Committee appointed for a
community forest demonstration area shall assume all management
authority with regard to the community forest demonstration
area as soon as the Secretary confirms that--
(A) the National Forest System land to be included
in the community forest demonstration area meets the
requirements of subsections (b) and (c) of section 402;
(B) the Advisory Committee has been duly appointed
under section 403 and is able to conduct business; and
(C) provision has been made for essential
management services for the community forest
demonstration area.
(2) Scope and time for confirmation.--The determination of
the Secretary under paragraph (1) is limited to confirming
whether the conditions specified in subparagraphs (A) and (B)
of such paragraph have been satisfied. The Secretary shall make
the determination not later than 60 days after the date of the
appointment of the Advisory Committee.
(3) Effect of failure to confirm.--If the Secretary
determines that either or both conditions specified in
subparagraphs (A) and (B) of paragraph (1) are not satisfied
for confirmation of an Advisory Committee, the Secretary
shall--
(A) promptly notify the Governor of the affected
State and the Advisory Committee of the reasons
preventing confirmation; and
(B) make a new determination under paragraph (2)
within 60 days after receiving a new request from the
Advisory Committee that addresses the reasons that
previously prevented confirmation.
(b) Management Responsibilities.--Upon assumption of management of
a community forest demonstration area, the Advisory Committee for the
community forest demonstration area shall manage the land and resources
of the community forest demonstration area and the occupancy and use
thereof in conformity with this title, and to the extent not in
conflict with this title, the laws and regulations applicable to
management of State or privately-owned forest lands in the State in
which the community forest demonstration area is located.
(c) Applicability of Other Federal Laws.--
(1) In general.--The administration and management of a
community forest demonstration area, including implementing
actions, shall not be considered Federal action and shall be
subject to the following only to the extent that such laws
apply to the State or private administration and management of
forest lands in the State in which the community forest
demonstration area is located:
(A) The Federal Water Pollution Control Act (33
U.S.C. 1251 note).
(B) The Clean Air Act (42 U.S.C. 7401 et seq.).
(C) The Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(D) Federal laws and regulations governing
procurement by Federal agencies.
(E) Except as provided in paragraph (2), other
Federal laws.
(2) Applicability of native american graves protection and
repatriation act.--Notwithstanding the assumption by an
Advisory Committee of management of a community forest
demonstration area, the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.) shall continue to
apply to the National Forest System land included in the
community forest demonstration area.
(d) Consultation.--
(1) With indian tribes.--The Advisory Committee for a
community forest demonstration area shall cooperate and consult
with Indian tribes on management policies and practices for the
community forest demonstration area that may affect the Indian
tribes. The Advisory Committee shall take into consideration
the use of lands within the community forest demonstration area
for religious and cultural uses by Native Americans.
(2) With collaborative groups.--The Advisory Committee for
a community forest demonstration area shall consult with any
applicable forest collaborative group.
(e) Recreation.--Nothing in this section shall affect public use
and recreation within a community forest demonstration area.
(f) Fire Management.--The Secretary shall provide fire
presuppression, suppression, and rehabilitation services on and with
respect to a community forest demonstration area to the same extent
generally authorized in other units of the National Forest System.
(g) Prohibition on Export.--As a condition on the sale of timber or
other forest products from a community forest demonstration area,
unprocessed timber harvested from a community forest demonstration area
may not be exported in accordance with subpart F of part 223 of title
36, Code of Federal Regulations.
SEC. 405. DISTRIBUTION OF FUNDS FROM COMMUNITY FOREST DEMONSTRATION
AREA.
(a) Retention of Funds for Management.--The Advisory Committee
appointed for a community forest demonstration area may retain such
sums as the Advisory Committee considers to be necessary from amounts
generated from that community forest demonstration area to fund the
management, administration, restoration, operation and maintenance,
improvement, repair, and related expenses incurred with respect to the
community forest demonstration area.
(b) Funds to Counties or Local Governmental Units.--Subject to
subsection (a) and section 407, the Advisory Committee for a community
forest demonstration area in a State shall distribute funds generated
from that community forest demonstration area to each county or local
governmental unit in the State in an amount proportional to the funds
received by the county or local governmental unit under title I of the
Secure Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7111 et seq.).
SEC. 406. INITIAL FUNDING AUTHORITY.
(a) Funding Source.--Counties may use such sum as the counties
consider to be necessary from the amounts made available to the
counties under section 501 to provide initial funding for the
management of community forest demonstration areas.
(b) No Restriction on Use of Non-Federal Funds.--Nothing in this
title restricts the Advisory Committee of a community forest
demonstration area from seeking non-Federal loans or other non-Federal
funds for management of the community forest demonstration area.
SEC. 407. PAYMENTS TO UNITED STATES TREASURY.
(a) Payment Requirement.--As soon as practicable after the end of
the fiscal year in which a community forest demonstration area is
established and as soon as practicable after the end of each subsequent
fiscal year, the Advisory Committee for a community forest
demonstration area shall make a payment to the United States Treasury.
(b) Payment Amount.--The payment for a fiscal year under subsection
(a) with respect to a community forest demonstration area shall be
equal to 75 percent of the quotient obtained by dividing--
(1) the number obtained by multiplying the number of acres
of land in the community forest demonstration area by the
average annual receipts generated over the preceding 10-fiscal
year period from the unit or units of the National Forest
System containing that community forest demonstration area; by
(2) the total acres of National Forest System land in that
unit or units of the National Forest System.
SEC. 408. TERMINATION OF COMMUNITY FOREST DEMONSTRATION AREA.
(a) Termination Authority.--Subject to approval by the Governor of
the State, the Advisory Committee for a community forest demonstration
area may terminate the community forest demonstration area by a
unanimous vote.
(b) Effect of Termination.--Upon termination of a community forest
demonstration area, the Secretary shall immediately resume management
of the National Forest System land that had been included in the
community forest demonstration area, and the Advisory Committee shall
be dissolved.
(c) Treatment of Undistributed Funds.--Any revenues from the
terminated area that remain undistributed under section 405 more than
30 days after the date of termination shall be deposited in the general
fund of the Treasury for use by the Forest Service in such amounts as
may be provided in advance in appropriation Acts.
TITLE V--REAUTHORIZATION AND AMENDMENT OF EXISTING AUTHORITIES AND
OTHER MATTERS
SEC. 501. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
DETERMINATION ACT OF 2000 PENDING FULL OPERATION OF
FOREST RESERVE REVENUE AREAS.
(a) Beneficiary Counties.--During the month of February 2015, the
Secretary of Agriculture shall distribute to each beneficiary county
(as defined in section 102(2)) a payment equal to the amount
distributed to the beneficiary county for fiscal year 2010 under
section 102(c)(1) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7112(c)(1)).
(b) Counties That Were Eligible for Direct County Payments.--
(1) Total amount available for payments.--During the month
of February 2015, the Secretary of the Interior shall
distribute to all counties that received a payment for fiscal
year 2010 under subsection (a)(2) of section 102 of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7112) payments in a total amount equal to the difference
between--
(A) the total amount distributed to all such
counties for fiscal year 2010 under subsection (c)(1)
of such section; and
(B) $27,000,000.
(2) County share.--From the total amount determined under
paragraph (1), each county described in such paragraph shall
receive, during the month of February 2015, an amount that
bears the same proportion to the total amount made available
under such paragraph as that county's payment for fiscal year
2010 under subsection (c)(1) of section 102 of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16 U.S.C.
7112) bears to the total amount distributed to all such
counties for fiscal year 2010 under such subsection.
(c) Effect on 25-percent and 50-percent Payments.--A county that
receives a payment made under subsection (a) or (b) may not receive a
25-percent payment or 50-percent payment (as those terms are defined in
section 3 of the Secure Rural Schools and Community Self-Determination
Act of 2000 (16 U.S.C. 7102)) for fiscal year 2015.
SEC. 502. RESTORING ORIGINAL CALCULATION METHOD FOR 25-PERCENT
PAYMENTS.
(a) Amendment of Act of May 23, 1908.--The sixth paragraph under
the heading ``FOREST SERVICE'' in the Act of May 23, 1908 (16 U.S.C.
500) is amended in the first sentence--
(1) by striking ``the annual average of 25 percent of all
amounts received for the applicable fiscal year and each of the
preceding 6 fiscal years'' and inserting ``25 percent of all
amounts received for the applicable fiscal year'';
(2) by striking ``said reserve'' both places it appears and
inserting ``the national forest''; and
(3) by striking ``forest reserve'' both places it appears
and inserting ``national forest''.
(b) Conforming Amendment to Weeks Law.--Section 13 of the Act of
March 1, 1911 (commonly known as the Weeks Law; 16 U.S.C. 500) is
amended in the first sentence by striking ``the annual average of 25
percent of all amounts received for the applicable fiscal year and each
of the preceding 6 fiscal years'' and inserting ``25 percent of all
amounts received for the applicable fiscal year''.
SEC. 503. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT GOOD-NEIGHBOR
COOPERATION WITH STATES TO REDUCE WILDFIRE RISKS.
(a) Definitions.--In this section:
(1) Eligible state.--The term ``eligible State'' means a
State that contains National Forest System land or land under
the jurisdiction of the Bureau of Land Management.
(2) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, with respect to
National Forest System land; or
(B) the Secretary of the Interior, with respect to
land under the jurisdiction of the Bureau of Land
Management.
(3) State forester.--The term ``State forester'' means the
head of a State agency with jurisdiction over State forestry
programs in an eligible State.
(b) Cooperative Agreements and Contracts Authorized.--The Secretary
may enter into a cooperative agreement or contract (including a sole
source contract) with a State forester to authorize the State forester
to provide the forest, rangeland, and watershed restoration,
management, and protection services described in subsection (c) on
National Forest System land or land under the jurisdiction of the
Bureau of Land Management, as applicable, in the eligible State.
(c) Authorized Services.--The forest, rangeland, and watershed
restoration, management, and protection services referred to in
subsection (b) include the conduct of--
(1) activities to treat insect infected forests;
(2) activities to reduce hazardous fuels;
(3) activities involving commercial harvesting or other
mechanical vegetative treatments; or
(4) any other activities to restore or improve forest,
rangeland, and watershed health, including fish and wildlife
habitat.
(d) State as Agent.--Except as provided in subsection (g), a
cooperative agreement or contract entered into under subsection (b) may
authorize the State forester to serve as the agent for the Secretary in
providing the restoration, management, and protection services
authorized under subsection (b).
(e) Subcontracts.--In accordance with applicable contract
procedures for the eligible State, a State forester may enter into
subcontracts to provide the restoration, management, and protection
services authorized under a cooperative agreement or contract entered
into under subsection (b).
(f) Timber Sales.--Subsections (d) and (g) of section 14 of the
National Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply
to services performed under a cooperative agreement or contract entered
into under subsection (b).
(g) Retention of NEPA Responsibilities.--Any decision required to
be made under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) with respect to any restoration, management, or
protection services to be provided under this section by a State
forester on National Forest System land or Bureau of Land Management
land, as applicable, shall not be delegated to a State forester or any
other officer or employee of the eligible State.
(h) Applicable Law.--The restoration, management, and protection
services to be provided under this section shall be carried out on a
project-to-project basis under existing authorities of the Forest
Service or Bureau of Land Management, as applicable.
SEC. 504. TREATMENT AS SUPPLEMENTAL FUNDING.
None of the funds made available to a beneficiary county (as
defined in section 102(2)) or other political subdivision of a State
under this subdivision shall be used in lieu of or to otherwise offset
State funding sources for local schools, facilities, or educational
purposes.
SEC. 505. DEFINITION OF FIRE SUPPRESSION TO INCLUDE CERTAIN RELATED
ACTIVITIES.
For purposes of utilizing amounts made available to the Secretary
of Agriculture or the Secretary of the Interior for fire suppression
activities, including funds made available from the FLAME Fund, the
term ``fire suppression'' includes reforestation, site rehabilitation,
salvage operations, and replanting occurring following fire damage on
lands under the jurisdiction of the Secretary concerned or following
fire suppression efforts on such lands by the Secretary concerned.
SEC. 506. PROHIBITION ON CERTAIN ACTIONS REGARDING FOREST SERVICE ROADS
AND TRAILS.
The Forest Service shall not remove or otherwise eliminate or
obliterate any legally created road or trail unless there has been a
specific decision, which included adequate and appropriate public
involvement, to decommission the specific road or trail in question.
The fact that any road or trail is a not a Forest System road or trail,
or does not appear on a Motor Vehicle Use Map, shall not constitute a
decision.
SUBDIVISION B--NATIONAL STRATEGIC AND CRITICAL MINERALS PRODUCTION
SEC. 100. SHORT TITLE.
This subdivision may be cited as the ``National Strategic and
Critical Minerals Production Act of 2014''.
SEC. 100A. FINDINGS.
Congress finds the following:
(1) The industrialization of China and India has driven
demand for nonfuel mineral commodities, sparking a period of
resource nationalism exemplified by China's reduction in
exports of rare-earth elements necessary for
telecommunications, military technologies, healthcare
technologies, and conventional and renewable energy
technologies.
(2) The availability of minerals and mineral materials are
essential for economic growth, national security, technological
innovation, and the manufacturing and agricultural supply
chain.
(3) The exploration, production, processing, use, and
recycling of minerals contribute significantly to the economic
well-being, security and general welfare of the Nation.
(4) The United States has vast mineral resources, but is
becoming increasingly dependent upon foreign sources of these
mineral materials, as demonstrated by the following:
(A) Twenty-five years ago the United States was
dependent on foreign sources for 30 nonfuel mineral
materials, 6 of which the United States imported 100
percent of the Nation's requirements, and for another
16 commodities the United States imported more than 60
percent of the Nation's needs.
(B) By 2011 the United States import dependence for
nonfuel mineral materials had more than doubled from 30
to 67 commodities, 19 of which the United States
imported 100 percent of the Nation's requirements, and
for another 24 commodities, imported more than 50
percent of the Nation's needs.
(C) The United States share of worldwide mineral
exploration dollars was 8 percent in 2011, down from 19
percent in the early 1990s.
(D) In the 2012 Ranking of Countries for Mining
Investment, out of 25 major mining countries, the
United States ranked last with Papua New Guinea in
permitting delays, and towards the bottom regarding
government take and social issues affecting mining.
SEC. 100B. DEFINITIONS.
In this subdivision:
(1) Strategic and critical minerals.--The term ``strategic
and critical minerals'' means minerals that are necessary--
(A) for national defense and national security
requirements;
(B) for the Nation's energy infrastructure,
including pipelines, refining capacity, electrical
power generation and transmission, and renewable energy
production;
(C) to support domestic manufacturing, agriculture,
housing, telecommunications, healthcare, and
transportation infrastructure; or
(D) for the Nation's economic security and balance
of trade.
(2) Agency.--The term ``agency'' means any agency,
department, or other unit of Federal, State, local, or tribal
government, or Alaska Native Corporation.
(3) Mineral exploration or mine permit.--The term ``mineral
exploration or mine permit'' includes plans of operation issued
by the Bureau of Land Management and the Forest Service
pursuant to 43 CFR 3809 and 36 CFR 228A or the authorities
listed in 43 CFR 3503.13, respectively.
TITLE I--DEVELOPMENT OF DOMESTIC SOURCES OF STRATEGIC AND CRITICAL
MINERALS
SEC. 101. IMPROVING DEVELOPMENT OF STRATEGIC AND CRITICAL MINERALS.
Domestic mines that will provide strategic and critical minerals
shall be considered an ``infrastructure project'' as described in
Presidential Order ``Improving Performance of Federal Permitting and
Review of Infrastructure Projects'' dated March 22, 2012.
SEC. 102. RESPONSIBILITIES OF THE LEAD AGENCY.
(a) In General.--The lead agency with responsibility for issuing a
mineral exploration or mine permit shall appoint a project lead who
shall coordinate and consult with cooperating agencies and any other
agency involved in the permitting process, project proponents and
contractors to ensure that agencies minimize delays, set and adhere to
timelines and schedules for completion of the permitting process, set
clear permitting goals and track progress against those goals.
(b) Determination Under NEPA.--To the extent that the National
Environmental Policy Act of 1969 applies to any mineral exploration or
mine permit, the lead agency with responsibility for issuing a mineral
exploration or mine permit shall determine that the action to approve
the exploration or mine permit does not constitute a major Federal
action significantly affecting the quality of the human environment
within the meaning of the National Environmental Policy Act of 1969 if
the procedural and substantive safeguards of the permitting process
alone, any applicable State permitting process alone, or a combination
of the two processes together provide an adequate mechanism to ensure
that environmental factors are taken into account.
(c) Coordination on Permitting Process.--The lead agency with
responsibility for issuing a mineral exploration or mine permit shall
enhance government coordination for the permitting process by avoiding
duplicative reviews, minimizing paperwork and engaging other agencies
and stakeholders early in the process. The lead agency shall consider
the following best practices:
(1) Deferring to and relying upon baseline data, analyses
and reviews performed by State agencies with jurisdiction over
the proposed project.
(2) Conducting any consultations or reviews concurrently
rather than sequentially to the extent practicable and when
such concurrent review will expedite rather than delay a
decision.
(d) Schedule for Permitting Process.--At the request of a project
proponent, the lead agency, cooperating agencies and any other agencies
involved with the mineral exploration or mine permitting process shall
enter into an agreement with the project proponent that sets time
limits for each part of the permitting process including the following:
(1) The decision on whether to prepare a document required
under the National Environmental Policy Act of 1969.
(2) A determination of the scope of any document required
under the National Environmental Policy Act of 1969.
(3) The scope of and schedule for the baseline studies
required to prepare a document required under the National
Environmental Policy Act of 1969.
(4) Preparation of any draft document required under the
National Environmental Policy Act of 1969.
(5) Preparation of a final document required under the
National Environmental Policy Act of 1969.
(6) Consultations required under applicable laws.
(7) Submission and review of any comments required under
applicable law.
(8) Publication of any public notices required under
applicable law.
(9) A final or any interim decisions.
(e) Time Limit for Permitting Process.--In no case should the total
review process described in subsection (d) exceed 30 months unless
agreed to by the signatories of the agreement.
(f) Limitation on Addressing Public Comments.--The lead agency is
not required to address agency or public comments that were not
submitted during any public comment periods or consultation periods
provided during the permitting process or as otherwise required by law.
(g) Financial Assurance.--The lead agency will determine the amount
of financial assurance for reclamation of a mineral exploration or
mining site, which must cover the estimated cost if the lead agency
were to contract with a third party to reclaim the operations according
to the reclamation plan, including construction and maintenance costs
for any treatment facilities necessary to meet Federal, State or tribal
environmental standards.
(h) Application to Existing Permit Applications.--This section
shall apply with respect to a mineral exploration or mine permit for
which an application was submitted before the date of the enactment of
this Act if the applicant for the permit submits a written request to
the lead agency for the permit. The lead agency shall begin
implementing this section with respect to such application within 30
days after receiving such written request.
(i) Strategic and Critical Minerals Within National Forests.--With
respect to strategic and critical minerals within a federally
administered unit of the National Forest System, the lead agency
shall--
(1) exempt all areas of identified mineral resources in
Land Use Designations, other than Non-Development Land Use
Designations, in existence as of the date of the enactment of
this Act from the procedures detailed at and all rules
promulgated under part 294 of title 36, Code for Federal
Regulations;
(2) apply such exemption to all additional routes and areas
that the lead agency finds necessary to facilitate the
construction, operation, maintenance, and restoration of the
areas of identified mineral resources described in paragraph
(1); and
(3) continue to apply such exemptions after approval of the
Minerals Plan of Operations for the unit of the National Forest
System.
SEC. 103. CONSERVATION OF THE RESOURCE.
In evaluating and issuing any mineral exploration or mine permit,
the priority of the lead agency shall be to maximize the development of
the mineral resource, while mitigating environmental impacts, so that
more of the mineral resource can be brought to the market place.
SEC. 104. FEDERAL REGISTER PROCESS FOR MINERAL EXPLORATION AND MINING
PROJECTS.
(a) Preparation of Federal Notices for Mineral Exploration and Mine
Development Projects.--The preparation of Federal Register notices
required by law associated with the issuance of a mineral exploration
or mine permit shall be delegated to the organization level within the
agency responsible for issuing the mineral exploration or mine permit.
All Federal Register notices regarding official document availability,
announcements of meetings, or notices of intent to undertake an action
shall be originated and transmitted to the Federal Register from the
office where documents are held, meetings are held, or the activity is
initiated.
(b) Departmental Review of Federal Register Notices for Mineral
Exploration and Mining Projects.--Absent any extraordinary circumstance
or except as otherwise required by any Act of Congress, each Federal
Register notice described in subsection (a) shall undergo any required
reviews within the Department of the Interior or the Department of
Agriculture and be published in its final form in the Federal Register
no later than 30 days after its initial preparation.
TITLE II--JUDICIAL REVIEW OF AGENCY ACTIONS RELATING TO EXPLORATION AND
MINE PERMITS
SEC. 201. DEFINITIONS FOR TITLE.
In this title the term ``covered civil action'' means a civil
action against the Federal Government containing a claim under section
702 of title 5, United States Code, regarding agency action affecting a
mineral exploration or mine permit.
SEC. 202. TIMELY FILINGS.
A covered civil action is barred unless filed no later than the end
of the 60-day period beginning on the date of the final Federal agency
action to which it relates.
SEC. 203. RIGHT TO INTERVENE.
The holder of any mineral exploration or mine permit may intervene
as of right in any covered civil action by a person affecting rights or
obligations of the permit holder under the permit.
SEC. 204. EXPEDITION IN HEARING AND DETERMINING THE ACTION.
The court shall endeavor to hear and determine any covered civil
action as expeditiously as possible.
SEC. 205. LIMITATION ON PROSPECTIVE RELIEF.
In a covered civil action, the court shall not grant or approve any
prospective relief unless the court finds that such relief is narrowly
drawn, extends no further than necessary to correct the violation of a
legal requirement, and is the least intrusive means necessary to
correct that violation.
SEC. 206. LIMITATION ON ATTORNEYS' FEES.
Sections 504 of title 5, United States Code, and 2412 of title 28,
United States Code (together commonly called the Equal Access to
Justice Act) do not apply to a covered civil action, nor shall any
party in such a covered civil action receive payment from the Federal
Government for their attorneys' fees, expenses, and other court costs.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. SECRETARIAL ORDER NOT AFFECTED.
Nothing in this subdivision shall be construed as to affect any
aspect of Secretarial Order 3324, issued by the Secretary of the
Interior on December 3, 2012, with respect to potash and oil and gas
operators.
Passed the House of Representatives September 18, 2014.
Attest:
Clerk.
113th CONGRESS
2d Session
H. R. 4
_______________________________________________________________________
AN ACT
To make revisions to Federal law to improve the conditions necessary
for economic growth and job creation, and for other purposes.