43 U.S.C. § 2601

Conservation management by Department of the Interior; permanent forest production; sale of timber; subdivision

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Notwithstanding any provisions in the Acts of June 9, 1916 (39 Stat. 218), and February 26, 1919 (40 Stat. 1179), as amended, such portions of the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant lands as are or may hereafter come under the jurisdiction of the Department of the Interior, which have heretofore or may hereafter be classified as timberlands, and power-site lands valuable for timber, shall be managed, except as provided in section 3 11 See References in Text note below. hereof, for permanent forest production, and the timber thereon shall be sold, cut, and removed in conformity with the principal 22 So in original. Probably should be “principle”. of sustained yield for the purpose of providing a permanent source of timber supply, protecting watersheds, regulating stream flow, and contributing to the economic stability of local communities and industries, and providing recreational facilties: 33 So in original. Probably should be “facilities:”. Provided, That nothing in this section shall be construed to interfere with the use and development of power sites as may be authorized by law.

The annual productive capacity for such lands shall be determined and declared as promptly as possible after August 28, 1937, but until such determination and declaration are made the average annual cut therefrom shall not exceed one-half billion feet board measure: Provided, That timber from said lands in an amount not less than one-half billion feet board measure, or not less than the annual sustained yield capacity when the same has been determined and declared, shall be sold annually, or so much thereof as can be sold at reasonable prices on a normal market.

If the Secretary of the Interior determines that such action will facilitate sustained-yield management, he may subdivide such revested lands into sustained-yield forest units, the boundary lines of which shall be so established that a forest unit will provide, insofar as practicable, a permanent source of raw materials for the support of dependent communities and local industries of the region; but until such subdivision is made the land shall be treated as a single unit in applying the principle of sustained yield: Provided, That before the boundary lines of such forest units are established, the Department, after published notice thereof, shall hold a hearing thereon in the vicinity of such lands open to the attendance of State and local officers, representatives of dependent industries, residents, and other persons interested in the use of such lands. Due consideration shall be given to established lumbering operations in subdividing such lands when necessary to protect the economic stability of dependent communities. Timber sales from a forest unit shall be limited to the productive capacity of such unit and the Secretary is authorized, in his discretion, to reject any bids which may interfere with the sustained-yield management plan of any unit.

Notes of Decisions

Cited in 9 cases (6 in the last 5 years), 2019–2025 · leading case: Am. Forest Resource Council v. United States, 77 F.4th 787 (D.C. Cir. 2023).

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Am. Forest Resource Council v. United States, 77 F.4th 787 (D.C. Cir. 2023). · cites it 17× “874 (1937) (codified as amended at 43 U.S.C. §§ 2601–2634). The third time was the charm; the O & C Act remains in effect today and is one of the subjects of these appeals.”

Murphy Co. v. Joseph Biden, 65 F.4th 1122 (9th Cir. 2023). · cites it 7× “See 43 U.S.C. § 2601 et seq. In January 2017, President Obama issued a Proclamation under the Antiquities Act expanding the Cascade-Siskiyou National Monument (“Monument”) in southwestern Oregon.”

Swanson Grp. mfg.llc v. Bernhardt (D.D.C. 2019). · cites it 13× “” 43 U.S.C. § 2601 . And every year, timber that is grown on O&C land must be sold or offered for sale.”

Ass'n of O&C Counties v. Trump (D.D.C. 2019). · cites it 4× “l7-44l)] Each of the four above-captioned civil actions involve a challenge to the management by the United States of America (the “Governrnent” or the “United States”) of certain land subject to the Oregon and California Railroad and Coos Bay Wagon Road Grant Lands Act of 1937…”

Cascadia Wildlands v. United States Bureau of Land Mgmt. (9th Cir. 2025). · cites it 2× “O&C Act Finally, much of the land at issue is subject to the Oregon and California Railroad and Coos Bay Wagon Road Grant Lands Act (O&C Act), 43 U.S.C. §§ 2601–34. The O&C Act directs BLM “to determine which portions of the land [granted by that act] should be set aside for…”

Coos Cnty. of Oregon v. Bernhardt (D. Or. 2019). “Defendants oversee the management of these lands as proscribed by the CBWR Act and Oregon & California Railroad Lands Act (“O&C Act”), 43 U.S.C. § 2601 . Defs.’ Mot. 2–3. The O&C Act provides that a percentage of the revenue from O&C lands shall go to the counties where the…”

Klamath Siskiyou Wildlands Ctr. v. United States Fish & Wildlife Serv. (D. Or. 2022). “43 U.S.C. § 2601 . The O&C Act “establish[es] timber production as the dominant use” of the land.”

Klamath-Siskiyou Wildlands Ctr. v. United States Fish & Wildlife Serv. (D. Or. 2022). “” 43 U.S.C. § 2601 . FWS states in the BiOp that “[t]he primary objectives of the District's FY19 Batch of Projects are to meet the District ASQ, restore the forest-structural and vegetative conditions to a more natural range, and reduce fire risk and insect and disease…”

Cascadia Wildlands v. Adcock (D. Or. 2025). “” 43 U.S.C. § 2601 . However, O&C Act lands are still subject to the procedural requirements of FLPMA, including preparation of RMPs.”

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