59–010 

Calendar No. 370 

110TH CONGRESS REPORT " ! SENATE 1st Session 110–172 

LEWIS AND CLARK MOUNT HOOD WILDERNESS ACT OF 

2007 

SEPTEMBER 17, 2007.—Ordered to be printed 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 647] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 647) to designate certain land in the State of 

Oregon as wilderness, and for other purposes, having considered 

the same, reports favorably thereon with an amendment and recommends that the bill, as amended, do pass. 

The amendment is as follows: 

Strike out all after the enacting clause and insert in lieu thereof 

the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Lewis and Clark Mount Hood 

Wilderness Act of 2007’’. 

(b) TABLE OF CONTENTS.—The table of contents of this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—PROTECTED AREAS 

Subtitle A—Designation of Wilderness Areas 

Sec. 101. Designation of Lewis and Clark Mount Hood wilderness areas. 

Sec. 102. Richard L. Kohnstamm Memorial Area. 

Sec. 103. Potential wilderness area; additions to wilderness areas. 

Sec. 104. Maps and legal descriptions. 

Sec. 105. Administration. 

Sec. 106. Buffer zones. 

Sec. 107. Fish and wildlife. 

Sec. 108. Fire, insects, and diseases. 

Sec. 109. Withdrawal. 

Subtitle B—Designation of Streams for Wild and Scenic River Protection in the Mount Hood Area 

Sec. 111. Wild and Scenic River designations, Mount Hood National Forest. 

Sec. 112. Protection for Hood River, Oregon. 

Subtitle C—Mount Hood National Recreation Area 

Sec. 121. Mount Hood National Recreation Area. 

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Subtitle D—Protections for Crystal Springs, Upper Big Bottom, and Cultus Creek 

Sec. 131. Crystal Springs Watershed Special Resources Management Unit. 

Sec. 132. Protections for Upper Big Bottom and Cultus Creek. 

TITLE II—LAND EXCHANGES 

Subtitle A—Cooper Spur-Government Camp Land Exchange 

Sec. 201. Definitions. 

Sec. 202. Cooper Spur-Government Camp land exchange. 

Subtitle B—Port of Cascade Locks Land Exchange 

Sec. 211. Definitions. 

Sec. 212. Land exchange, Port of Cascade Locks-Pacific Crest National Scenic Trail. 

Subtitle C—Hunchback Mountain Land Exchange and Boundary Adjustment 

Sec. 221. Definitions. 

Sec. 222. Hunchback Mountain land exchange. 

Sec. 223. Boundary adjustment. 

Subtitle D—Conditions on Development of Federal Land 

Sec. 231. Improved natural disaster preparedness. 

TITLE III—TRIBAL PROVISIONS; PLANNING AND STUDIES 

Sec. 301. Transportation plan. 

Sec. 302. Mount Hood National Forest stewardship strategy. 

Sec. 303. Local and tribal relationships. 

Sec. 304. Recreational uses. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture. 

(2) STATE.—The term ‘‘State’’ means the State of Oregon. 

TITLE I—PROTECTED AREAS 

Subtitle A—Designation of Wilderness Areas 

SEC. 101. DESIGNATION OF LEWIS AND CLARK MOUNT HOOD WILDERNESS AREAS. 

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following 

areas in the State of Oregon are designated as wilderness areas and as components 

of the National Wilderness Preservation System: 

(1) BADGER CREEK WILDERNESS ADDITIONS.—Certain Federal land managed by 

the Forest Service, comprising approximately 4,140 acres, as generally depicted 

on the maps entitled ‘‘Badger Creek Wilderness-Badger Creek Additions’’ and 

‘‘Badger Creek Wilderness-Bonney Butte’’, dated July 16, 2007, which is incorporated in, and considered to be a part of, the Badger Creek Wilderness, as designated by section 3(3) of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 

note; 98 Stat. 273). 

(2) BULL OF THE WOODS WILDERNESS ADDITION.—Certain Federal land managed by the Forest Service, comprising approximately 10,180 acres, as generally 

depicted on the map entitled ‘‘Bull of the Woods Wilderness-Bull of the Woods 

Additions’’, dated July 16, 2007, which is incorporated in, and considered to be 

a part of, the Bull of the Woods Wilderness, as designated by section 3(4) of 

the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273). 

(3) CLACKAMAS WILDERNESS.—Certain Federal land managed by the Forest 

Service, comprising approximately 9,470 acres, as generally depicted on the 

maps entitled ‘‘Clackamas Wilderness-Big Bottom’’, ‘‘Clackamas WildernessClackamas Canyon’’, ‘‘Clackamas Wilderness-Memaloose Lake’’, ‘‘Clackamas 

Wilderness-Sisi Butte’’, and ‘‘Clackamas Wilderness-South Fork Clackamas’’, 

dated July 16, 2007, which shall be known as the ‘‘Clackamas Wilderness’’. 

(4) MARK O. HATFIELD WILDERNESS ADDITIONS.—Certain Federal land managed by the Forest Service, comprising approximately 25,960 acres, as generally 

depicted on the maps entitled ‘‘Mark O. Hatfield Wilderness-Gorge Face’’ and 

‘‘Mark O. Hatfield Wilderness-Larch Mountain’’, dated July 16, 2007, which is 

incorporated in, and considered to be a part of, the Mark O. Hatfield Wilderness, as designated by section 3(1) of the Oregon Wilderness Act of 1984 (16 

U.S.C. 1132 note; 98 Stat. 273). 

(5) MOUNT HOOD WILDERNESS ADDITIONS.—Certain Federal land managed by 

the Forest Service, comprising approximately 18,450 acres, as generally depicted on the maps entitled ‘‘Mount Hood Wilderness-Barlow Butte’’, ‘‘Mount 

Hood Wilderness-Elk Cove/Mazama’’, ‘‘Mount Hood Wilderness-Richard L. 

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Kohnstamm Memorial Area’’, ‘‘Mount Hood Wilderness-Sand Canyon’’, ‘‘Mount 

Hood Wilderness-Sandy Additions’’, ‘‘Mount Hood Wilderness-Twin Lakes’’, and 

‘‘Mount Hood Wilderness-White River’’, dated July 16, 2007, and the map entitled ‘‘Mount Hood Wilderness-Cloud Cap’’, dated July 20, 2007, which is incorporated in, and considered to be a part of, the Mount Hood Wilderness, as designated under section 3(a) of the Wilderness Act (16 U.S.C. 1132(a)) and enlarged by section 3(d) of the Endangered American Wilderness Act of 1978 (16 

U.S.C. 1132 note; 92 Stat. 43). 

(6) ROARING RIVER WILDERNESS.—Certain Federal land managed by the Forest Service, comprising approximately 36,550 acres, as generally depicted on the 

map entitled ‘‘Roaring River Wilderness-Roaring River Wilderness’’, dated July 

16, 2007, which shall be known as the ‘‘Roaring River Wilderness’’. 

(7) SALMON-HUCKLEBERRY WILDERNESS ADDITIONS.—Certain Federal land 

managed by the Forest Service, comprising approximately 16,620 acres, as generally depicted on the maps entitled ‘‘Salmon-Huckleberry Wilderness-Alder 

Creek Additions’’, ‘‘Salmon-Huckleberry Wilderness-Eagle Creek Addition’’, 

‘‘Salmon-Huckleberry Wilderness-Hunchback Mountain’’, ‘‘Salmon-Huckleberry 

Wilderness-Inch Creek’’, ‘‘Salmon-Huckleberry Wilderness-Mirror Lake’’, and 

‘‘Salmon-Huckleberry Wilderness-Salmon River Meadows’’, dated July 16, 2007, 

which is incorporated in, and considered to be a part of, the SalmonHuckleberry Wilderness, as designated by section 3(2) of the Oregon Wilderness 

Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273). 

(8) LOWER WHITE RIVER WILDERNESS.—Certain Federal land managed by the 

Forest Service and Bureau of Land Management, comprising approximately 

2,870 acres, as generally depicted on the map entitled ‘‘Lower White River Wilderness-Lower White River’’, dated July 16, 2007, which shall be known as the 

‘‘Lower White River Wilderness’’. 

SEC. 102. RICHARD L. KOHNSTAMM MEMORIAL AREA. 

Certain Federal land managed by the Forest Service, as generally depicted on the 

map entitled ‘‘Mount Hood Wilderness-Richard L. Kohnstamm Memorial Area’’, 

dated July 16, 2007, is designated as the ‘‘Richard L. Kohnstamm Memorial Area’’. 

SEC. 103. POTENTIAL WILDERNESS AREA; ADDITIONS TO WILDERNESS AREAS. 

(a) ROARING RIVER POTENTIAL WILDERNESS AREA.—

(1) IN GENERAL.—In furtherance of the purposes of the Wilderness Act (16 

U.S.C. 1131 et seq.), certain Federal land managed by the Forest Service, comprising approximately 900 acres identified as ‘‘Potential Wilderness’’ on the map 

entitled ‘‘Roaring River Wilderness’’, dated July 16, 2007, is designated as a potential wilderness area. 

(2) MANAGEMENT.—The potential wilderness area designated by paragraph (1) 

shall be managed in accordance with section 4 of the Wilderness Act (16 U.S.C. 

1133). 

(3) DESIGNATION AS WILDERNESS.—On the date on which the Secretary publishes in the Federal Register notice that the conditions in the potential wilderness area designated by paragraph (1) are compatible with the Wilderness Act 

(16 U.S.C. 1131 et seq.), the potential wilderness shall be—

(A) designated as wilderness and as a component of the National Wilderness Preservation System; and 

(B) incorporated into the Roaring River Wilderness designated by section 

101(6). 

(b) ADDITION TO THE MOUNT HOOD WILDERNESS.—On completion of the land exchange under section 202, certain Federal land managed by the Forest Service, comprising approximately 1,710 acres, as generally depicted on the map entitled ‘‘Mount 

Hood Wilderness-Tilly Jane’’, dated July 20, 2007, shall be incorporated in, and considered to be a part of, the Mount Hood Wilderness, as designated under section 

3(a) of the Wilderness Act (16 U.S.C. 1132(a)) and enlarged by section 3(d) of the 

Endangered American Wilderness Act of 1978 (16 U.S.C. 1132 note; 92 Stat. 43) and 

section 101(5). 

(c) ADDITION TO THE SALMON-HUCKLEBERRY WILDERNESS.—On acquisition by the 

United States, the approximately 160 acres of land identified as ‘‘Land to be acquired by USFS’’ on the map entitled ‘‘Hunchback Mountain Land Exchange, 

Clackamas County’’, dated June 2006, shall be incorporated in, and considered to 

be a part of, the Salmon-Huckleberry Wilderness, as designated by section 3(2) of 

the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273) and enlarged 

by section 101(7). 

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SEC. 104. MAPS AND LEGAL DESCRIPTIONS. 

(a) IN GENERAL.—As soon as practicable after the date of enactment of this Act, 

the Secretary shall file a map and a legal description of each wilderness area and 

potential wilderness area designated by this title, 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 OF LAW.—The maps and legal descriptions filed under subsection (a) 

shall have the same force and effect as if included in this Act, except that the Secretary may correct typographical errors in the maps and legal descriptions. 

(c) PUBLIC AVAILABILITY.—Each map and legal description filed under subsection 

(a) shall be on file and available for public inspection in the appropriate offices of 

the Forest Service and Bureau of Land Management. 

(d) DESCRIPTION OF LAND.—The boundaries of the areas designated as wilderness 

by section 101 that are immediately adjacent to a utility right-of-way or a Federal 

Energy Regulatory Commission project boundary shall be 100 feet from the boundary of the right-of-way or the project boundary. 

SEC. 105. ADMINISTRATION. 

(a) IN GENERAL.—Subject to valid existing rights, each area designated as wilderness by this title shall be administered by the Secretary that has jurisdiction over 

the land within the wilderness, in accordance with the Wilderness Act (16 U.S.C. 

1131 et seq.), except that— (1) any reference in that Act to the effective date shall be considered to be 

a reference to the date of enactment of this Act; and 

(2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the land within 

the wilderness. 

(b) INCORPORATION OF ACQUIRED LAND AND INTERESTS.—Any land within the 

boundary of a wilderness area designated by this Act that is acquired by the United 

States shall— (1) become part of the wilderness area in which the land is located; and 

(2) be managed in accordance with this Act, the Wilderness Act (16 U.S.C. 

1131 et seq.), and any other applicable law. 

SEC. 106. BUFFER ZONES. 

(a) IN GENERAL.—As provided in the Oregon Wilderness Act of 1984 (16 U.S.C. 

1132 note; Public Law 98–328), Congress does not intend for designation of wilderness areas in the State under this title to lead to the creation of protective perimeters or buffer zones around each wilderness area. 

(b) ACTIVITIES OR USES UP TO BOUNDARIES.—The fact that nonwilderness activities or uses can be seen or heard from within a wilderness area shall not, of itself, 

preclude the activities or uses up to the boundary of the wilderness area. 

SEC. 107. FISH AND WILDLIFE. 

Nothing in this Act affects the jurisdiction or responsibilities of the State with respect to fish and wildlife. 

SEC. 108. FIRE, INSECTS, AND DISEASES. 

As provided in section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), within 

the wilderness areas designated by this Act, the Secretary that has jurisdiction over 

the land within the wilderness (referred to in this section as the ‘‘Secretary’’) may 

take such measures as are necessary to control fire, insects, and diseases, subject 

to such terms and conditions as the Secretary determines to be desirable and appropriate. 

SEC. 109. WITHDRAWAL. 

Subject to valid rights in existence on the date of enactment of this Act, the Federal land designated as wilderness by this subtitle 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. 

Subtitle B—Designation of Streams for Wild and 

Scenic River Protection in the Mount Hood Area 

SEC. 111. WILD AND SCENIC RIVER DESIGNATIONS, MOUNT HOOD NATIONAL FOREST. 

(a) IN GENERAL.—Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 

1274(a)) is amended—

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(1) by redesignating paragraph (167) (relating to the Musconetcong River, 

New Jersey) as paragraph (169); 

(2) by designating the undesignated paragraph relating to the White Salmon 

River, Washington, as paragraph (167); 

(3) by designating the undesignated paragraph relating to the Black Butte 

River, California, as paragraph (168); and 

(4) by adding at the end the following: 

‘‘(170) SOUTH FORK CLACKAMAS RIVER.—The 4.2-mile segment of the South 

Fork Clackamas River from its confluence with the East Fork of the South Fork 

Clackamas to its confluence with the Clackamas River, to be administered by 

the Secretary of Agriculture as a wild river. 

‘‘(171) EAGLE CREEK.—The 8.3-mile segment of Eagle Creek from its headwaters to the Mount Hood National Forest boundary, to be administered by the 

Secretary of Agriculture as a wild river. 

‘‘(172) MIDDLE FORK HOOD RIVER.—The 3.7-mile segment of the Middle Fork 

Hood River from the confluence of Clear and Coe Branches to the north section 

line of section 11, township 1 south, range 9 east, to be administered by the 

Secretary of Agriculture as a scenic river. 

‘‘(173) SOUTH FORK ROARING RIVER.—The 4.6-mile segment of the South Fork 

Roaring River from its headwaters to its confluence with Roaring River, to be 

administered by the Secretary of Agriculture as a wild river. 

‘‘(174) ZIG ZAG RIVER.—The 4.3-mile segment of the Zig Zag River from its 

headwaters to the Mount Hood Wilderness boundary, to be administered by the 

Secretary of Agriculture as a wild river. 

‘‘(175) FIFTEENMILE CREEK.—

‘‘(A) IN GENERAL.—The 11.1-mile segment of Fifteenmile Creek from its 

source at Senecal Spring to the southern edge of the northwest quarter of 

the northwest quarter of section 20, township 2 south, range 12 east, to be 

administered by the Secretary of Agriculture in the following classes: 

‘‘(i) the 2.6-mile segment from its source at Senecal Spring to the 

Badger Creek Wilderness boundary, as a wild river; 

‘‘(ii) the 0.4-mile segment from the Badger Creek Wilderness boundary to the point 0.4 miles downstream, as a scenic river; 

‘‘(iii) the 7.9-mile segment from the point 0.4 miles downstream of the 

Badger Creek Wilderness boundary to the western edge of section 20, 

township 2 south, range 12 east as a wild river; and 

‘‘(iv) the 0.2-mile segment from the western edge of section 20, township 2 south, range 12 east, to the southern edge of the northwest quarter of the northwest quarter of section 20, township 2 south, range 12 

east as a scenic river. 

‘‘(B) INCLUSIONS.—Notwithstanding section 3(b), the lateral boundaries of 

both the wild river area and the scenic river area along Fifteenmile Creek 

shall include an average of not more than 640 acres per mile measured 

from the ordinary high water mark on both sides of the river. 

‘‘(176) EAST FORK HOOD RIVER.—The 13.5-mile segment of the East Fork Hood 

River from Oregon State Highway 35 to the Mount Hood National Forest 

boundary, to be administered by the Secretary of Agriculture as a recreational 

river. 

‘‘(177) COLLAWASH RIVER.—The 17.8-mile segment of the Collawash River 

from the headwaters of the East Fork Collawash to the confluence of the mainstream of the Collawash River with the Clackamas River, to be administered 

by the Secretary of Agriculture in the following classes: 

‘‘(A) The 11.0-mile segment from the headwaters of the East Fork 

Collawash River to Buckeye Creek, as a scenic river. 

‘‘(B) The 6.8-mile segment from Buckeye Creek to the Clackamas River, 

as a recreational river. 

‘‘(178) FISH CREEK.—The 13.5-mile segment of Fish Creek from its headwaters 

to the confluence with the Clackamas River, to be administered by the Secretary of Agriculture as a recreational river.’’. 

(b) EFFECT.—The amendments made by subsection (a) do not affect valid existing 

water rights. 

SEC. 112. PROTECTION FOR HOOD RIVER, OREGON. 

Section 13(a)(4) of the ‘‘Columbia River Gorge National Scenic Area Act’’ (16 

U.S.C. 544k(a)(4)) is amended by striking ‘‘for a period not to exceed twenty years 

from the date of enactment of this Act,’’. 

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Subtitle C—Mount Hood National Recreation Area 

SEC. 121. MOUNT HOOD NATIONAL RECREATION AREA. 

(a) DESIGNATION.—To provide for the protection, preservation, and enhancement 

of recreational, ecological, scenic, cultural, watershed, and fish and wildlife values, 

there is established the Mount Hood National Recreation Area within the Mount 

Hood National Forest. 

(b) BOUNDARY.—The Mount Hood National Recreation Area shall consist of certain Federal land managed by the Forest Service and Bureau of Land Management, 

comprising approximately 34,550 acres, as generally depicted on the maps entitled 

‘‘National Recreation Areas-Mount Hood NRA’’, ‘‘National Recreation AreasFifteenmile Creek NRA’’, and ‘‘National Recreation Areas-Shellrock Mountain’’, dated February 2007. 

(c) MAP AND LEGAL DESCRIPTION.— (1) SUBMISSION OF LEGAL DESCRIPTION.—As soon as practicable after the date 

of enactment of this Act, the Secretary shall file a map and a legal description 

of the Mount Hood National Recreation Area 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 map and legal description filed under paragraph (1) 

shall have the same force and effect as if included in this Act, except that the 

Secretary may correct typographical errors in the map and the legal description. 

(3) PUBLIC AVAILABILITY.—The 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. 

(d) ADMINISTRATION.— (1) IN GENERAL.—The Secretary shall— (A) administer the Mount Hood National Recreation Area— (i) in accordance with the laws (including regulations) and rules applicable to the National Forest System; and 

(ii) consistent with the purposes described in subsection (a); and 

(B) only allow uses of the Mount Hood National Recreation Area that are 

consistent with the purposes described in subsection (a). 

(2) APPLICABLE LAW.—Any portion of a wilderness area designated by subtitle 

A that is located within the Mount Hood National Recreation Area shall be administered in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.). 

(e) TIMBER.—The cutting, sale, or removal of timber within the Mount Hood National Recreation Area may be permitted— (1) to the extent necessary to improve the health of the forest in a manner 

that—(A) maximizes the retention of large trees— (i) as appropriate to the forest type; and 

(ii) to the extent that the trees promote stands that are fire-resilient 

and healthy; 

(B) improves the habitats of threatened, endangered, or sensitive species; 

or 

(C) maintains or restores the composition and structure of the ecosystem 

by reducing the risk of uncharacteristic wildfire; 

(2) to accomplish an approved management activity in furtherance of the purposes established by this subtitle, if the cutting, sale, or removal of timber is 

incidental to the management activity; or 

(3) for de minimus personal or administrative use within the Mount Hood National Recreation Area, where such use will not impair the purposes established 

by this subtitle. 

(f) ROAD CONSTRUCTION.—No new or temporary roads shall be constructed or reconstructed within the Mount Hood National Recreation Area except as necessary—

(1) to protect the health and safety of individuals in cases of an imminent 

threat of flood, fire, or any other catastrophic event that, without intervention, 

would cause the loss of life or property; 

(2) to conduct environmental cleanup required by the United States; 

(3) to allow for the exercise of reserved or outstanding rights provided for by 

a statute or treaty; 

(4) to prevent irreparable resource damage by an existing road; or 

(5) to rectify a hazardous road condition. 

(g) WITHDRAWAL.—Subject to valid existing rights, all Federal land within the 

Mount Hood National Recreation Area is withdrawn from—

(1) all forms of entry, appropriation, or disposal under the public land laws; 

(2) location, entry, and patent under the mining laws; and 

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(3) disposition under all laws relating to mineral and geothermal leasing. 

(h) TRANSFER OF ADMINISTRATIVE JURISDICTION.— (1) IN GENERAL.—Administrative jurisdiction over the Federal land described 

in paragraph (2) is transferred from the Bureau of Land Management to the 

Forest Service. 

(2) DESCRIPTION OF LAND.—The land referred to in paragraph (1) is the approximately 130 acres of land administered by the Bureau of Land Management 

within or adjacent to the Mount Hood National Recreation Area that is identified as ‘‘BLM Lands’’ on the map entitled ‘‘National Recreation Areas-Shellrock 

Mountain’’, dated February 2007. 

Subtitle D—Protections for Crystal Springs, 

Upper Big Bottom, and Cultus Creek 

SEC. 131. CRYSTAL SPRINGS WATERSHED SPECIAL RESOURCES MANAGEMENT UNIT. 

(a) ESTABLISHMENT.— (1) IN GENERAL.—On completion of the land exchange under section 202, 

there shall be established a special resources management unit in the State 

consisting of certain Federal land managed by the Forest Service, as generally 

depicted on the map entitled ‘‘Crystal Springs Watershed Special Resources 

Management Unit’’, dated June 2006 (referred to in this section as the ‘‘map’’), 

to be known as the ‘‘Crystal Springs Watershed Special Resources Management 

Unit’’ (referred to in this section as the ‘‘Management Unit’’). 

(2) EXCLUSION OF CERTAIN LAND.—The Management Unit does not include 

any National Forest System land otherwise covered by paragraph (1) that is 

designated as wilderness by subtitle A. 

(3) WITHDRAWAL.—

(A) IN GENERAL.—Subject to valid rights in existence on the date of enactment of this Act, the Federal land designated as the Management Unit 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. 

(B) EXCEPTION.—Subparagraph (A)(i) does not apply to the parcel of land 

generally depicted as ‘‘HES 151’’ on the map. 

(b) PURPOSES.—The purposes of the Management Unit are—

(1) to ensure the protection of the quality and quantity of the Crystal Springs 

watershed as a clean drinking water source for the residents of Hood River 

County, Oregon; and 

(2) to allow visitors to enjoy the special scenic, natural, cultural, and wildlife 

values of the Crystal Springs watershed. 

(c) MAP AND LEGAL DESCRIPTION.—

(1) SUBMISSION OF LEGAL DESCRIPTION.—As soon as practicable after the date 

of enactment of this Act, the Secretary shall file a map and a legal description 

of the Management Unit 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 map and legal description filed under paragraph (1) 

shall have the same force and effect as if included in this Act, except that the 

Secretary may correct typographical errors in the map and legal description. 

(3) PUBLIC AVAILABILITY.—The 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. 

(d) ADMINISTRATION.—

(1) IN GENERAL.—The Secretary shall—

(A) administer the Management Unit—

(i) in accordance with the laws (including regulations) and rules applicable to units of the National Forest System; and 

(ii) consistent with the purposes described in subsection (b); and 

(B) only allow uses of the Management Unit that are consistent with the 

purposes described in subsection (b). 

(2) FUEL REDUCTION IN PROXIMITY TO IMPROVEMENTS AND PRIMARY PUBLIC

ROADS.—To protect the water quality, water quantity, and scenic, cultural, natural, and wildlife values of the Management Unit, the Secretary may conduct 

fuel reduction and forest health management treatments to maintain and restore fire-resilient forest structures containing late successional forest structure 

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characterized by large trees and multistoried canopies, as ecologically appropriate, on National Forest System land in the Management Unit—

(A) in any area located not more than 400 feet from structures located 

on—

(i) National Forest System land; or 

(ii) private land adjacent to National Forest System land; 

(B) in any area located not more than 400 feet from the Cooper Spur 

Road, the Cloud Cap Road, or the Cooper Spur Ski Area Loop Road; and 

(C) on any other National Forest System land in the Management Unit, 

with priority given to activities that restore previously harvested stands, including the removal of logging slash, smaller diameter material, and ladder 

fuels. 

(3) PROHIBITED ACTIVITIES.—Subject to valid existing rights, the following activities shall be prohibited on National Forest System land in the Management 

Unit: 

(A) New road construction or renovation of existing non-System roads, except as necessary to protect public health and safety. 

(B) Projects undertaken for the purpose of harvesting commercial timber 

(other than activities relating to the harvest of merchantable products that 

are byproducts of activities conducted to further the purposes described in 

subsection (b)). 

(C) Commercial livestock grazing. 

(D) The placement of new fuel storage tanks. 

(E) Except to the extent necessary to further the purposes described in 

subsection (b), the application of any toxic chemicals (other than fire 

retardants), including pesticides, rodenticides, or herbicides. 

(e) FOREST ROAD CLOSURES.—

(1) IN GENERAL.—Except as provided in paragraph (2), the Secretary may provide for the closure or gating to the general public of any Forest Service road 

within the Management Unit. 

(2) EXCEPTION.—Nothing in this section requires the Secretary to close the 

road commonly known as ‘‘Cloud Cap Road’’, which shall be administered in accordance with otherwise applicable law. 

(f) PRIVATE LAND.—

(1) EFFECT.—Nothing in this section affects the use of, or access to, any private property within the area identified on the map as the ‘‘Crystal Springs 

Zone of Contribution’’ by—

(A) the owners of the private property; and 

(B) guests to the private property. 

(2) COOPERATION.—The Secretary is encouraged to work with private landowners who have agreed to cooperate with the Secretary to further the purposes 

of this section. 

(g) ACQUISITION OF LAND.—

(1) IN GENERAL.—The Secretary may acquire from willing landowners any 

land located within the area identified on the map as the ‘‘Crystal Springs Zone 

of Contribution’’. 

(2) INCLUSION IN MANAGEMENT UNIT.—On the date of acquisition, any land acquired under paragraph (1) shall be incorporated in, and be managed as part 

of, the Management Unit. 

SEC. 132. PROTECTIONS FOR UPPER BIG BOTTOM AND CULTUS CREEK. 

(a) IN GENERAL.—The Secretary shall manage the Federal land administered by 

the Forest Service described in subsection (b) in a manner that preserves the natural and primitive character of the land for recreational, scenic, and scientific use. 

(b) DESCRIPTION OF LAND.—The Federal land referred to in subsection (a) is—

(1) the approximately 1,580 acres, as generally depicted on the map entitled 

‘‘Upper Big Bottom’’, dated July 16, 2007; and 

(2) the approximately 280 acres identified as ‘‘Cultus Creek’’ on the map entitled ‘‘Clackamas Wilderness-South Fork Clackamas’’, dated July 16, 2007. 

(c) MAPS AND LEGAL DESCRIPTIONS.—

(1) IN GENERAL.—As soon as practicable after the date of enactment of this 

Act, the Secretary shall file maps and legal descriptions of the Federal land described in subsection (b) 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 Act, except that 

the Secretary may correct typographical errors in the maps and legal descriptions. 

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(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. 

(d) USE OF LAND.—

(1) IN GENERAL.—Subject to valid existing rights, with respect to the Federal 

land described in subsection (b), the Secretary shall only allow uses that are 

consistent with the purposes identified in subsection (a). 

(2) PROHIBITED USES.—The following shall be prohibited on the Federal land 

described in subsection (b): 

(A) Permanent roads. 

(B) Commercial enterprises. 

(C) Except as necessary to meet the minimum requirements for the administration of the Federal land and to protect public health and safety—

(i) the use of motor vehicles; or 

(ii) the establishment of temporary roads. 

(e) WITHDRAWAL.—Subject to valid existing rights, the Federal land described in 

subsection (b) is withdrawn from—

(1) all forms of entry, appropriation, or disposal under the public land laws; 

(2) location, entry, and patent under the mining laws; and 

(3) disposition under all laws relating to mineral and geothermal leasing. 

TITLE II—LAND EXCHANGES 

Subtitle A—Cooper Spur-Government Camp Land 

Exchange 

SEC. 201. DEFINITIONS. 

In this subtitle: 

(1) COUNTY.—The term ‘‘County’’ means Hood River County, Oregon. 

(2) EXCHANGE MAP.—The term ‘‘exchange map’’ means the map entitled ‘‘Cooper Spur/Government Camp Land Exchange’’, dated June 2006. 

(3) FEDERAL LAND.—The term ‘‘Federal land’’ means the approximately 120 

acres of National Forest System land in the Mount Hood National Forest in 

Government Camp, Clackamas County, Oregon, identified as ‘‘USFS Land to be 

Conveyed’’ on the exchange map. 

(4) MT. HOOD MEADOWS.—The term ‘‘Mt. Hood Meadows’’ means the Mt. Hood 

Meadows Oregon, Limited Partnership. 

(5) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’ means—

(A) the parcel of approximately 770 acres of private land at Cooper Spur 

identified as ‘‘Land to be acquired by USFS’’ on the exchange map; and 

(B) any buildings, furniture, fixtures, and equipment at the Inn at Cooper 

Spur and the Cooper Spur Ski Area covered by an appraisal described in 

section 202(d). 

SEC. 202. COOPER SPUR-GOVERNMENT CAMP LAND EXCHANGE. 

(a) CONVEYANCE OF LAND.—Subject to the provisions of this section, if Mt. Hood 

Meadows offers to convey to the United States all right, title, and interest of Mt. 

Hood Meadows in and to the non-Federal land, the Secretary shall convey to Mt. 

Hood Meadows all right, title, and interest of the United States in and to the Federal land (other than any easements reserved under subsection (g)), subject to valid 

existing rights. 

(b) COMPLIANCE WITH EXISTING LAW.—Except as otherwise provided in this section, the Secretary shall carry out the land exchange under this section in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 

U.S.C. 1716). 

(c) CONDITIONS ON ACCEPTANCE.—

(1) TITLE.—As a condition of the land exchange under this section, title to the 

non-Federal land to be acquired by the Secretary under this section shall be acceptable to the Secretary. 

(2) TERMS AND CONDITIONS.—The conveyance of the Federal land and nonFederal land shall be subject to such terms and conditions as the Secretary may 

require. 

(d) APPRAISALS.—

(1) IN GENERAL.—As soon as practicable after the date of enactment of this 

Act, the Secretary and Mt. Hood Meadows shall select an appraiser to conduct 

an appraisal of the Federal land and non-Federal land. 

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(2) REQUIREMENTS.—An appraisal under paragraph (1) shall be conducted in 

accordance with nationally recognized appraisal standards, including— (A) the Uniform Appraisal Standards for Federal Land Acquisitions; and 

(B) the Uniform Standards of Professional Appraisal Practice. 

(e) SURVEYS.— (1) IN GENERAL.—The exact acreage and legal description of the Federal land 

and non-Federal land shall be determined by surveys approved by the Secretary. 

(2) COSTS.—The responsibility for the costs of any surveys conducted under 

paragraph (1), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and Mt. Hood Meadows. 

(f) DEADLINE FOR COMPLETION OF LAND EXCHANGE.—It is the intent of Congress 

that the land exchange under this section shall be completed not later than 16 

months after the date of enactment of this Act. 

(g) RESERVATION OF EASEMENTS.—As a condition of the conveyance of the Federal 

land, the Secretary shall reserve— (1) a conservation easement to the Federal land to protect existing wetland, 

as identified by the Oregon Department of State Lands, that allows equivalent 

wetland mitigation measures to compensate for minor wetland encroachments 

necessary for the orderly development of the Federal land; and 

(2) a trail easement to the Federal land that allows—

(A) nonmotorized use by the public of existing trails; 

(B) roads, utilities, and infrastructure facilities to cross the trails; and 

(C) improvement or relocation of the trails to accommodate development 

of the Federal land. 

Subtitle B—Port of Cascade Locks Land Exchange 

SEC. 211. DEFINITIONS. 

In this subtitle: 

(1) EXCHANGE MAP.—The term ‘‘exchange map’’ means the map entitled ‘‘Port 

of Cascade Locks/Pacific Crest National Scenic Trail Land Exchange’’, dated 

June 2006. 

(2) FEDERAL LAND.—The term ‘‘Federal land’’ means the parcel of land consisting of approximately 10 acres of National Forest System land in the Columbia River Gorge National Scenic Area identified as ‘‘USFS Land to be conveyed’’

on the exchange map. 

(3) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’ means the parcels of 

land consisting of approximately 40 acres identified as ‘‘Land to be acquired by 

USFS’’ on the exchange map. 

(4) PORT.—The term ‘‘Port’’ means the Port of Cascade Locks, Cascade Locks, 

Oregon. 

SEC. 212. LAND EXCHANGE, PORT OF CASCADE LOCKS-PACIFIC CREST NATIONAL SCENIC 

TRAIL. 

(a) CONVEYANCE OF LAND.—Subject to the provisions of this section, if the Port 

offers to convey to the United States all right, title, and interest of the Port in and 

to the non-Federal land, the Secretary shall, subject to valid existing rights, convey 

to the Port all right, title, and interest of the United States in and to the Federal 

land. 

(b) COMPLIANCE WITH EXISTING LAW.—Except as otherwise provided in this section, the Secretary shall carry out the land exchange under this section in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 

U.S.C. 1716). 

(c) CONDITIONS ON ACCEPTANCE.—

(1) TITLE.—As a condition of the land exchange under this section, title to the 

non-Federal land to be acquired by the Secretary under this section shall be acceptable to the Secretary. 

(2) TERMS AND CONDITIONS.—The conveyance of the Federal land and nonFederal land shall be subject to such terms and conditions as the Secretary may 

require. 

(d) APPRAISALS.—

(1) IN GENERAL.—As soon as practicable after the date of enactment of this 

Act, the Secretary shall select an appraiser to conduct an appraisal of the Federal land and non-Federal land. 

(2) REQUIREMENTS.—An appraisal under paragraph (1) shall be conducted in 

accordance with nationally recognized appraisal standards, including—

(A) the Uniform Appraisal Standards for Federal Land Acquisitions; and 

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(B) the Uniform Standards of Professional Appraisal Practice. 

(e) SURVEYS.— (1) IN GENERAL.—The exact acreage and legal description of the Federal land 

and non-Federal land shall be determined by surveys approved by the Secretary. 

(2) COSTS.—The responsibility for the costs of any surveys conducted under 

paragraph (1), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and the Port. 

(f) DEADLINE FOR COMPLETION OF LAND EXCHANGE.—It is the intent of Congress 

that the land exchange under this section shall be completed not later than 16 

months after the date of enactment of this Act. 

Subtitle C—Hunchback Mountain Land Exchange 

and Boundary Adjustment 

SEC. 221. DEFINITIONS. 

In this subtitle: 

(1) COUNTY.—The term ‘‘County’’ means Clackamas County, Oregon. 

(2) EXCHANGE MAP.—The term ‘‘exchange map’’ means the map entitled ‘‘Hunchback Mountain Land Exchange, Clackamas County’’, dated June 2006. 

(3) FEDERAL LAND.—The term ‘‘Federal land’’ means the parcel of land consisting of approximately 160 acres of National Forest System land in the Mount 

Hood National Forest identified as ‘‘USFS Land to be Conveyed’’ on the exchange map. 

(4) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’ means the parcel of 

land consisting of approximately 160 acres identified as ‘‘Land to be acquired 

by USFS’’ on the exchange map. 

SEC. 222. HUNCHBACK MOUNTAIN LAND EXCHANGE. 

(a) CONVEYANCE OF LAND.—Subject to the provisions of this section, if the County 

offers to convey to the United States all right, title, and interest of the County in 

and to the non-Federal land, the Secretary shall, subject to valid existing rights, 

convey to the County all right, title, and interest of the United States in and to the 

Federal land. 

(b) COMPLIANCE WITH EXISTING LAW.—Except as otherwise provided in this section, the Secretary shall carry out the land exchange under this section in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 

U.S.C. 1716). 

(c) CONDITIONS ON ACCEPTANCE.— (1) TITLE.—As a condition of the land exchange under this section, title to the 

non-Federal land to be acquired by the Secretary under this section shall be acceptable to the Secretary. 

(2) TERMS AND CONDITIONS.—The conveyance of the Federal land and nonFederal land shall be subject to such terms and conditions as the Secretary may 

require. 

(d) APPRAISALS.—

(1) IN GENERAL.—As soon as practicable after the date of enactment of this 

Act, the Secretary shall select an appraiser to conduct an appraisal of the Federal land and non-Federal land. 

(2) REQUIREMENTS.—An appraisal under paragraph (1) shall be conducted in 

accordance with nationally recognized appraisal standards, including—

(A) the Uniform Appraisal Standards for Federal Land Acquisitions; and 

(B) the Uniform Standards of Professional Appraisal Practice. 

(e) SURVEYS.—

(1) IN GENERAL.—The exact acreage and legal description of the Federal land 

and non-Federal land shall be determined by surveys approved by the Secretary. 

(2) COSTS.—The responsibility for the costs of any surveys conducted under 

paragraph (1), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and the County. 

(f) DEADLINE FOR COMPLETION OF LAND EXCHANGE.—It is the intent of Congress 

that the land exchange under this section shall be completed not later than 16 

months after the date of enactment of this Act. 

SEC. 223. BOUNDARY ADJUSTMENT. 

(a) IN GENERAL.—The boundary of the Mount Hood National Forest shall be adjusted to incorporate—

(1) any land conveyed to the United States under section 222; and 

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(2) the land transferred to the Forest Service by section 121(h)(1). 

(b) ADDITIONS TO THE NATIONAL FOREST SYSTEM.—The Secretary shall administer 

the land described in subsection (a)— (1) in accordance with— (A) the Act of March 1, 1911 (commonly known as the ‘‘Weeks Law’’) (16 

U.S.C. 480 et seq.); and 

(B) any laws (including regulations) applicable to the National Forest 

System; and 

(2) subject to sections 103(c) and 121(d), as applicable. 

(c) LAND AND WATER CONSERVATION FUND.—For the purposes of section 7 of the 

Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9), the boundaries 

of the Mount Hood National Forest modified by this Act shall be considered to be 

the boundaries of the Mount Hood National Forest in existence as of January 1, 

1965. 

Subtitle D—Conditions on Development of 

Federal Land 

SEC. 231. IMPROVED NATURAL DISASTER PREPAREDNESS. 

(a) REQUIREMENTS APPLICABLE TO THE CONVEYANCE OF FEDERAL LAND.— (1) IN GENERAL.—As a condition of each of the conveyances of Federal land 

under this title, the Secretary shall include in the deed of conveyance a requirement that applicable construction activities and alterations shall be conducted 

in accordance with—

(A) nationally recognized building and property maintenance codes; and 

(B) nationally recognized codes for development in the wildland-urban 

interface and wildfire hazard mitigation. 

(2) APPLICABLE LAW.—To the maximum extent practicable, the codes required 

under paragraph (1) shall be consistent with the nationally recognized codes 

adopted or referenced by the State or political subdivisions of the State. 

(3) ENFORCEMENT.—The requirements under paragraph (1) may be enforced 

by the same entities otherwise enforcing codes, ordinances, and standards. 

(b) COMPLIANCE WITH CODES ON FEDERAL LAND.—The Secretary shall ensure that 

applicable construction activities and alterations undertaken or permitted by the 

Secretary on National Forest System land in the Mount Hood National Forest are 

conducted in accordance with—

(1) nationally recognized building and property maintenance codes; and 

(2) nationally recognized codes for development in the wildland-urban interface development and wildfire hazard mitigation. 

(c) EFFECT ON ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS.—Nothing 

in this section alters or limits the power of the State or a political subdivision of 

the State to implement or enforce any law (including regulations), rule, or standard 

relating to development or fire prevention and control. 

TITLE III—TRIBAL PROVISIONS; PLANNING 

AND STUDIES 

SEC. 301. TRANSPORTATION PLAN. 

(a) IN GENERAL.—The Secretary shall seek to participate in the development of 

an integrated, multimodal transportation plan developed by the Oregon Department 

of Transportation for the Mount Hood region to achieve comprehensive solutions to 

transportation challenges in the Mount Hood region—

(1) to promote appropriate economic development; 

(2) to preserve the landscape of the Mount Hood region; and 

(3) to enhance public safety. 

(b) ISSUES TO BE ADDRESSED.—In participating in the development of the transportation plan under subsection (a), the Secretary shall seek to address—

(1) transportation alternatives between and among recreation areas and gateway communities that are located within the Mount Hood region; 

(2) establishing park-and-ride facilities that shall be located at gateway communities; 

(3) establishing intermodal transportation centers to link public transportation, parking, and recreation destinations; 

(4) creating a new interchange on Oregon State Highway 26 located adjacent 

to or within Government Camp; 

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(5) designating, maintaining, and improving alternative routes using Forest 

Service or State roads for— (A) providing emergency routes; or 

(B) improving access to, and travel within, the Mount Hood region; 

(6) the feasibility of establishing— (A) a gondola connection that— (i) connects Timberline Lodge to Government Camp; and 

(ii) is located in close proximity to the site of the historic gondola corridor; and 

(B) an intermodal transportation center to be located in close proximity 

to Government Camp; 

(7) burying power lines located in, or adjacent to, the Mount Hood National 

Forest along Interstate 84 near the City of Cascade Locks, Oregon; and 

(8) creating mechanisms for funding the implementation of the transportation 

plan under subsection (a), including—

(A) funds provided by the Federal Government; 

(B) public-private partnerships; 

(C) incremental tax financing; and 

(D) other financing tools that link transportation infrastructure improvements with development. 

SEC. 302. MOUNT HOOD NATIONAL FOREST STEWARDSHIP STRATEGY. 

(a) IN GENERAL.—The Secretary shall prepare a report on, and implementation 

schedule for, the vegetation management strategy (including recommendations for 

biomass utilization) for the Mount Hood National Forest being developed by the Forest Service. 

(b) SUBMISSION TO CONGRESS.—

(1) REPORT.—Not later than 1 year after the date of enactment of this Act, 

the Secretary shall submit the report to—

(A) the Committee on Energy and Natural Resources of the Senate; and 

(B) the Committee on Natural Resources of the House of Representatives. 

(2) IMPLEMENTATION SCHEDULE.—Not later than 1 year after the date on 

which the vegetation management strategy referred to in subsection (a) is completed, the Secretary shall submit the implementation schedule to—

(A) the Committee on Energy and Natural Resources of the Senate; and 

(B) the Committee on Natural Resources of the House of Representatives. 

SEC. 303. LOCAL AND TRIBAL RELATIONSHIPS. 

(a) MANAGEMENT PLAN.—

(1) IN GENERAL.—The Secretary, in consultation with Indian tribes with treaty-reserved gathering rights on land encompassed by the Mount Hood National 

Forest and in a manner consistent with the memorandum of understanding entered into between the Department of Agriculture, the Bureau of Land Management, the Bureau of Indian Affairs, and the Confederated Tribes of the Warm 

Springs Reservation of Oregon, dated April 25, 2003, as modified, shall develop 

and implement a management plan that meets the cultural foods obligations of 

the United States under applicable treaties, including the Treaty with the 

Tribes of Middle Oregon of June 25, 1855 (12 Stat. 963). 

(2) EFFECT.—This subsection shall be considered to be consistent with, and 

is intended to implement, the gathering rights reserved by the treaty described 

in paragraph (1). 

(b) SAVINGS PROVISIONS REGARDING RELATIONS WITH INDIAN TRIBES.—

(1) TREATY RIGHTS.—Nothing in this Act alters, modifies, enlarges, diminishes, or extinguishes the treaty rights of any Indian tribe, including the offreservation reserved rights established by the Treaty with the Tribes of Middle 

Oregon of June 25, 1855 (12 Stat. 963). 

(2) TRIBAL LAND.—Nothing in this Act affects land held in trust by the Secretary of the Interior for Indian tribes or individual members of Indian tribes 

or other land acquired by the Army Corps of Engineers and administered by 

the Secretary of the Interior for the benefit of Indian tribes and individual 

members of Indian tribes. 

SEC. 304. RECREATIONAL USES. 

(a) MOUNT HOOD NATIONAL FOREST RECREATIONAL WORKING GROUP.—The Secretary may establish a working group for the purpose of providing advice and recommendations to the Forest Service on planning and implementing recreation enhancements in the Mount Hood National Forest. 

(b) CONSIDERATION OF CONVERSION OF FOREST ROADS TO RECREATIONAL USES.—

In considering a Forest Service road in the Mount Hood National Forest for possible 

closure and decommissioning after the date of enactment of this Act, the Secretary, 

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in accordance with applicable law, shall consider, as an alternative to decommissioning the road, converting the road to recreational uses to enhance recreational 

opportunities in the Mount Hood National Forest. 

(c) IMPROVED TRAIL ACCESS FOR PERSONS WITH DISABILITIES.—The Secretary, in 

consultation with the public, may design and construct a trail at a location selected 

by the Secretary in Mount Hood National Forest suitable for use by persons with 

disabilities. 

PURPOSE OF THE MEASURE

The purpose of S. 647, as ordered reported, is to designate certain land on Mount Hood, Oregon, as wilderness, to designate certain rivers as components of the National Wild and Scenic Rivers 

System, to designate the Mount Hood National Recreation Area, 

and to otherwise improve Federal land management in and around 

the Mount Hood National Forest. 

BACKGROUND AND NEED

Mount Hood is the tallest mountain in the State of Oregon, rising 11,239 feet above sea level. The Mount Hood National Forest 

encompasses more than one million acres of Mount Hood. The 

Mount Hood National Forest hosts more than four million visitors 

annually, with well-over 100,000 visitors to the approximately 

130,000 acres of existing wilderness on Mount Hood each year. 

The heavy visitation to Mount Hood’s wilderness areas led to 

proposed restrictions by the Forest Service in the late 1990s, but 

that proposal was met with major public concerns. Visitation and 

the pressures of local growth have only increased since then, leading to efforts to protect more land on Mount Hood for wilderness 

recreation and to otherwise address recreation issues in the Mount 

Hood region. S. 647 would designate approximately 124,240 acres 

of wilderness, a National Recreation Area composed of approximately 34,550 acres, and approximately 81 miles of rivers as wild, 

scenic and recreational components of the National Wild and Scenic 

Rivers System. The bill also authorizes three land exchanges and 

includes other provisions. 

LEGISLATIVE HISTORY

Senators Wyden and Smith introduced S. 647 on February 15, 

2007, and a hearing was held on the measure in the Public Lands 

and Forests Subcommittee on May 3, 2007 (S. Hrg. 110–91). The 

Senators introduced a similar bill (S. 3854) in the 109th Congress, 

and the subcommittee held a hearing on that bill on September 27, 

2006 (S. Hrg. 109–778). A similar bill passed by the House of Representatives (H.R. 5025), introduced by Representatives Walden, 

Blumenauer, DeFazio, and Hooley, also was considered at that 

hearing. 

At its business meeting on July 25, 2007, the Committee on Energy and Natural Resources ordered S. 647 favorably reported, with 

an amendment in the nature of a substitute. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in an 

open business session on July 25, 2007, by voice vote of a quorum 

present, recommends that the Senate pass S. 647, if amended as 

described herein. 

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COMMITTEE AMENDMENT

During its consideration of S. 647, the Committee adopted an 

amendment in the nature of a substitute. The amendment reorganizes S. 647 into three titles: ‘‘Protected Areas’’ (title I), ‘‘Land Exchanges’’ (title II), and ‘‘Tribal Provisions; Planning and Studies’’

(title III). The Committee made a number of technical, conforming, 

and other changes, including numerous adjustments to the boundaries of the wilderness areas to provide more manageable boundaries and to enhance the overall wilderness character of the proposed wildernesses. The Committee also revised the provisions of 

the proposed land exchanges to address a number of concerns 

raised by the Administration and to conform with standard processes, including provisions requiring appraisals to be conducted in 

accordance with uniform standards. The provisions of the substitute are described in more detail in the section-by-section analysis. 

SECTION-BY-SECTION ANALYSIS

Section 1 contains the short title and the table of contents. 

Title I—Protected Areas 

Section 101 designates approximately 124,240 acres of land managed by the Forest Service within the Mount Hood National Forest 

as components of the National Wilderness Preservation System. 

The sponsors and the Committee have worked closely with the Forest Service to develop wilderness boundaries that, in most cases, 

coincide with jurisdictional or land-management boundaries or geographic features and to create maps that generally depict those 

boundaries. Section 104 of the legislation directs the Secretary to 

develop maps and legal descriptions that more precisely describe 

each area, consistent with the understanding reflected in the maps 

referred to in section 101. 

The areas to be designated include: 

(1) approximately 4,140 acres to be added to the Badger 

Creek Wilderness; 

(2) approximately 10,180 acres to be added to the Bull of the 

Woods Wilderness; 

(3) approximately 9,470 acres to be known as the Clackamas 

Wilderness; 

(4) approximately 25,960 acres to be added to the Mark O. 

Hatfield Wilderness; 

(5) approximately 18,450 acres to be added to the Mount 

Hood Wilderness; 

(6) approximately 36,550 acres to be known as the Roaring 

River Wilderness; 

(7) approximately 16,620 acres to be added to the SalmonHuckleberry Wilderness; and 

(8) approximately 2,870 acres to be known as the Lower 

White River Wilderness. 

Section 102 establishes an area composed of approximately 1,886 

acres within the Mount Hood Wilderness to be known as the ‘‘Richard L. Kohnstamm Memorial Area.’’ The designation recognizes 

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serving and restoring the adjacent Timberline Lodge and promoting alpine recreation. 

Section 103(a) designates as a potential wilderness area approximately 900 acres of Forest Service land that has been altered by 

human influences relating to timber harvests. The potential wilderness area shall be managed in accordance with section 4 of the Wilderness Act until such time as the Secretary publishes a notice 

that the conditions in the potential wilderness area are compatible 

with designation as a component of the National Wilderness Preservation System. At that time, the area will be incorporated into 

the Roaring River Wilderness designated by section 101(6). 

Subsection (b) provides for the designation as wilderness of approximately 1,710 acres that are interrelated with the land exchange under section 202. The designation shall occur upon the 

completion of the land exchange. 

Subsection (c) provides for approximately 160 acres that are 

interrelated with the land exchange under section 222 to be designated as wilderness upon acquisition by the United States. 

Section 104 directs the Secretary to file an official map and legal 

description of each wilderness and potential wilderness area designated by title I with the appropriate congressional committees 

and agency offices. Subsection (d) provides that the boundary of 

any wilderness area designated by section 101 shall be 100 feet 

from the boundary of any utility right-of-way or Federal Energy 

Regulatory Commission project. 

Section 105(a) directs the Secretary of Agriculture (for National 

Forest System lands) and the Secretary of the Interior (for BLMadministered lands) to administer the wilderness areas designated 

pursuant to title I in accordance with the Wilderness Act, subject 

to valid existing rights. 

Subsection (b) provides that any land within the boundary of a 

wilderness area designated by this Act that is acquired by the Federal Government shall become part of that wilderness area and be 

administered in accordance with the Wilderness Act. 

Section 106 incorporates language from the Oregon Wilderness 

Act of 1984 (Public Law 98–328) regarding activities and uses outside of the boundaries of the wilderness areas designated by title 

I. 

Section 107 states that nothing in this Act affects the jurisdiction 

or responsibilities of the State of Oregon with respect to fish and 

wildlife. 

Section 108 states that the Secretary of Agriculture (for National 

Forest System lands) and the Secretary of the Interior (for BLMadministered lands) may, in accordance with the Wilderness Act, 

take such measures in the wilderness areas designated by this Act 

as are necessary to control fire, insects, and diseases. 

Section 109 withdraws, subject to valid existing rights, the Federal land designated as wilderness from entry, appropriation, or 

disposal under the public land laws; from location, entry, and patent under the mining laws; and from disposition under all laws 

pertaining to mineral and geothermal leasing or mineral materials. 

Section 111 designates approximately 81 miles of rivers as wild, 

scenic, or recreational river components of the Wild and Scenic Rivers System. The designations include portions of the South Fork 

Clackamas River (approximately 4.2 miles as a wild river), Eagle 

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Creek (approximately 8.3 miles as a wild river), the Middle Fork 

Hood River (approximately 3.7 miles as a scenic river), the South 

Fork Roaring River (approximately 4.6 miles as a wild river), the 

Zig Zag River (approximately 4.3 miles as a wild river), Fifteenmile 

Creek (approximately 11.1 miles in wild and scenic river segments), 

the East Fork Hood River (approximately 13.5 miles as a recreational river), the Collawash River (approximately 17.8 miles in 

scenic and recreational river segments), and Fish Creek (approximately 13.5 miles as a recreational river). Subsection (b) states 

that the designation of the rivers does not affect valid existing 

water rights. 

Section 112 amends the Columbia River Gorge National Scenic 

Area Act (Public Law 99–663) to make the protections of that Act 

for the Hood River, Oregon, permanent. 

Section 121 designates approximately 34,550 acres of the Mount 

Hood National Forest as the Mount Hood National Recreation Area 

(hereinafter ‘‘NRA’’). 

Subsection (a) states the purposes of the NRA. 

Subsection (b) describes the NRA as the three parcels that are 

generally depicted on the referenced maps. 

Subsection (c) directs the Secretary to file an official map and 

legal description of the NRA with the appropriate congressional 

committees and offices of the Forest Service. 

Subsection (d) directs the Secretary to administer the NRA consistent with the purposes established by subsection (a) and in accordance with applicable law, and prohibits the Secretary from allowing uses that are not consistent with those purposes. Paragraph 

(2) provides that land designated as wilderness that is within the 

NRA shall be administered in accordance with the Wilderness Act, 

clarifying that any activities prohibited by the Wilderness Act are 

prohibited in such areas even if they otherwise could be authorized 

within the NRA. 

Subsection (e) limits the cutting, sale, and removal of timber 

within the NRA. Timber may be cut, sold, and removed to the extent doing so is necessary to improve the health of the forest, if incidental to management activities designed to further the purposes 

of the NRA, or for de minimus personal use within the NRA that 

does not impair the purposes of the NRA. 

Subsection (f) prohibits the construction or reconstruction of new 

or temporary roads within the NRA, except as necessary to protect 

against imminent threats to public health and safety, to conduct 

environmental cleanup of hazardous and other wastes (as required 

by the United States), to allow for the exercise of statutory or treaty rights, to prevent irreparable resource damage by an existing 

road, or to rectify a hazardous road condition. 

Subsection (g) withdraws, subject to valid existing rights, all Federal land within the NRA from entry, appropriation, or disposal 

under the public land laws; from location, entry, and patent under 

the mining laws; and from disposition under all laws pertaining to 

mineral and geothermal leasing or mineral materials. 

Subsection (h) transfers administrative jurisdiction over two parcels of Federal land totaling approximately 130 acres from the Bureau of Land Management to the Forest Service. 

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Section 131 establishes, upon completion of the land exchange 

under section 202, the Crystal Springs Watershed Special Resources Management Unit (hereinafter ‘‘Management Unit’’). 

Subsection (a) describes the Management Unit as the Forest 

Service land generally depicted on the referenced map, not including any land designated as wilderness. Paragraph (3) withdraws, 

subject to valid existing rights, the Federal land in the Management Unit (including land within the Management Unit that is acquired by the Forest Service pursuant to the land exchange under 

section 202) from entry, appropriation, or disposal under the public 

land laws (except for the parcel generally depicted on the map as 

HES 151); from location, entry, and patent under the mining laws; 

and from disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. In order retain flexibility in 

developing the terms and conditions of the land exchange with Mt. 

Hood Meadows, the provision does not prohibit the Forest Service 

from disposing of parcel HES 151, if done so in accordance with applicable law (including this section). 

Subsection (b) establishes the purposes of the Management Unit, 

which are to protect water quality and quantity and to allow visitors to enjoy its scenic, natural, cultural, and wildlife values. 

Subsection (c) directs the Secretary to file an official map and 

legal description of the NRA with the appropriate congressional 

committees and offices of the Forest Service. 

Subsection (d)(1) directs the Secretary to administer the Management Unit consistent with the purposes established by subsection 

(b) and in accordance with applicable law, and prohibits the Secretary from allowing uses that are not consistent with those purposes. Paragraph (2) clarifies that the Secretary may conduct certain fuel reduction and forest health management treatments in 

furtherance of the purposes of the Management Unit. Paragraph 

(3) prohibits, subject to valid existing rights, certain activities, including commercial livestock grazing and the placement of new fuel 

storage tanks. In addition, new road construction, renovation of existing non-system roads, commercial timber harvest, and the application of toxic chemicals are generally prohibited, though in each 

case there are specific extraordinary circumstances under which 

such activities may be permitted. 

Subsection (e) recognizes that it may be appropriate for the Secretary to close roads within the Management Unit to further the 

Management Unit’s purposes. It also provides an exception for any 

decision to close Cloud Cap Road, which must be based on otherwise applicable law. 

Subsection (f) provides that nothing in this section affects the use 

of or access to any private property within the area identified on 

the map as the Crystal Springs Zone of Contribution by the properties’ owners and guests. It also encourages the Secretary to work 

cooperatively with owners to further the purposes of the Management Unit. 

Subsection (g) provides authority for the Secretary to acquire 

land within the Zone of Contribution depicted on the map and 

clarifies that any such land shall be incorporated in and administered as part of the Management Unit. 

Section 132 establishes protections for two areas in the Mount 

Hood National Forest. 

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Subsection (a) directs the Secretary to manage the two areas to 

preserve the natural and primitive character of the land for recreational, scenic, and scientific use. 

Subsection (b) describes the areas, one of which is approximately 

1,580 acres and one of which is approximately 280 acres, as generally depicted on the referenced maps. 

Subsection (c) directs the Secretary to file an official map and 

legal description for each area with the appropriate congressional 

committees and offices of the Forest Service. 

Subsection (d) provides that the Secretary may only allow uses 

within the areas that are consistent with the purposes described in 

subsection (a). It also specifically prohibits permanent roads, commercial enterprises, and—except as necessary to meet the minimum requirements for the administration of the areas and to protect public health and safety—the use of motor vehicles and temporary roads. 

Subsection (e) withdraws, subject to valid existing rights, the 

areas from entry, appropriation, or disposal under the public land 

laws; from location, entry, and patent under the mining laws; and 

from disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. 

Title II—Land Exchanges 

Section 201 provides the definitions of terms used in section 202 

regarding the Cooper Spur-Government Camp Land Exchange. The 

definitions establish that the private land identified for exchange 

includes approximately 770 acres at Cooper Spur (along with any 

buildings, furniture, fixtures, and equipment that are appraised) 

and that the Forest Service land identified for exchange includes 

approximately 120 acres in Government Camp. Both parcels are 

generally depicted on the map referred to in paragraph (2). 

Section 202 provides basic direction for the exchange between the 

Forest Service and Mt. Hood Meadows. The Administration raised 

a number of concerns in its testimony regarding requirements for 

this exchange that were included in S. 647 as introduced. The 

amendment adopted by the Committee made a number of changes 

to the bill to address those concerns, including clarifying that the 

exchange be conducted in accordance with standard practices and 

deleting a number of objectionable requirements. The Committee 

understands that Mt. Hood Meadows and many others in the 

Mount Hood community have worked for many years on this land 

exchange and that they are anxious to realize the benefits it would 

provide. In recognition of the communities’ interests in the exchange, the Committee urges the Forest Service not only to work 

closely with Mt. Hood Meadows in carrying out the exchange, but 

also with other interested stakeholders. 

Subsection (a) states that, subject to the other provisions of this 

section, if Mt. Hood Meadows offers to convey all of its right, title, 

and interest to certain land it owns in the Cooper Spur Area, the 

Secretary shall convey certain Forest Service land in Government 

Camp. It also specifies that the conveyance of the Forest Service 

land shall be subject to any valid existing rights. 

Subsection (b) states that the Secretary shall carry out the exchange in accordance with section 206 of the Federal Land Policy 

and Management Act (43 U.S.C. 1716), except as otherwise promstockstill on PROD1PC66 with HEARING

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vided in this section. For example, section 206 of that Act includes 

provisions that govern equalization of values, determination of 

costs, and the status of acquired lands. 

Subsection (c) provides that the title to the private land must be 

in a form acceptable to the Secretary and establishes that the exchange is subject to such terms and conditions as the Secretary 

may require. 

Subsection (d) provides that an appraiser shall be selected by the 

Secretary and Mt. Hood Meadows as soon as practical after the 

date of enactment of this Act. It also requires the appraisals to be 

conducted in accordance with uniform standards and practices. 

Subsection (e) provides that the exact acreage and legal descriptions of the lands to be exchanged shall be determined by surveys 

approved by the Secretary, and that the costs of carrying out the 

exchange shall be determined by the Secretary and Mt. Hood 

Meadows. 

Subsection (f) states that it is the intent of Congress that the exchange be completed within 16 months of the date of enactment of 

this Act. The Committee considered the Administration’s testimony 

that it views this timeframe as unachievable given procedural requirements and competing priorities. The Committee, however, believes the timeframe is reasonable and achievable, and accordingly 

has retained the statement of congressional intent. The Committee 

deleted an entire section regarding concessions to facilitate and 

simplify the process. The Committee also understands that Mt. 

Hood Meadows is willing to begin the land exchange process while 

S. 647 is pending in Congress, and the Committee encourages the 

Forest Service to do so in order to facilitate the timely completion 

of the land exchange. 

Subsection (g) directs the Secretary to reserve a conservation 

easement to the Forest Service land to protect existing wetlands, 

as well as a trail easement. 

Section 211 provides the definitions of terms used in section 212 

regarding the Port of Cascade Locks land exchange. The definitions 

establish that the private land identified for exchange includes two 

parcels totaling approximately 40 acres of land near Cascade Locks 

and that the Forest Service land identified for exchange includes 

approximately 10 acres of land in Cascade Locks. Both parcels are 

generally depicted on the map referred to in paragraph (1). 

Section 212 provides basic direction for the exchange of lands 

and interests in lands between the Forest Service and the Port of 

Cascade Locks. 

Subsection (a) states that, subject to the other provisions of this 

section, if the Port of Cascade Locks offers to convey all of its right, 

title, and interest to certain land it owns, the Secretary shall convey certain Forest Service land in Cascade Locks. It also specifies 

that the conveyance of the Forest Service land shall be subject to 

any valid existing rights. 

Subsection (b) states that the Secretary shall carry out the exchange in accordance with section 206 of the Federal Land Policy 

and Management Act (43 U.S.C. 1716), except as otherwise provided in this section. 

Subsection (c) provides that the title to the private land must be 

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change is subject to such terms and conditions as the Secretary 

may require. 

Subsection (d) provides that an appraiser shall be selected by the 

Secretary as soon as practical after the date of enactment of this 

Act. It also requires the appraisals to be conducted in accordance 

with uniform standards and practices. 

Subsection (e) provides that the exact acreage and legal descriptions of the lands to be exchanged shall be determined by surveys 

approved by the Secretary, and that the costs of carrying out the 

exchange shall be determined by the Secretary and the Port of Cascade Locks. 

Subsection (f) states that it is the intent of Congress that the exchange be completed within 16 months of the date of enactment of 

this Act. 

Section 221 provides the definitions of terms used in section 222 

regarding the Hunchback Mountain land exchange. The definitions 

establish that the private land identified for exchange includes approximately 160 acres of land and that the Forest Service land 

identified for exchange includes approximately 160 acres of land. 

Both parcels are generally depicted on the map referred to in paragraph (2). 

Section 222 provides basic direction for the exchange of lands 

and interests in lands between the Forest Service and the 

Clackamas County. 

Subsection (a) states that, subject to the other provisions of this 

section, if Clackamas County offers to convey all of its right, title, 

and interest to certain land it owns, the Secretary shall convey certain Forest Service land. It also specifies that the conveyance of the 

Forest Service land shall be subject to any valid existing rights. 

Subsection (b) states that the Secretary shall carry out the exchange in accordance with section 206 of the Federal Land Policy 

and Management Act (43 U.S.C. 1716), except as otherwise provided in this section. 

Subsection (c) provides that the title to the private land must be 

in a form acceptable to the Secretary and establishes that the exchange is subject to such terms and conditions as the Secretary 

may require. 

Subsection (d) provides that an appraiser shall be selected by the 

Secretary as soon as practical after the date of enactment of this 

Act. It also requires the appraisals to be conducted in accordance 

with uniform standards and practices. 

Subsection (e) provides that the exact acreage and legal descriptions of the lands to be exchanged shall be determined by surveys 

approved by the Secretary, and that the costs of carrying out the 

exchange shall be determined by the Secretary and Clackamas 

County. 

Subsection (f) states that it is the intent of Congress that the exchange be completed within 16 months of the date of enactment of 

this Act. 

Section 223 adjusts the boundaries of the Mount Hood National 

Forest to incorporate the land acquired pursuant to section 222 and 

the land transferred pursuant to section 121(h)(1). It also directs 

the Secretary to administer those lands in accordance with applicable law (which in the case of the land acquired pursuant to section 

222 includes the Wilderness Act and in the case of most of the land 

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transferred pursuant to section 121 includes provisions governing 

the Mount Hood National Recreation Area). It also states that the 

modified boundaries of the Mount Hood National Forest shall be 

considered to be the boundaries in existence as of January 1, 1965, 

for purposes of section 7 of the Land and Water Conservation Fund 

Act of 1965 (16 U.S.C. 460l–9). 

Section 231 provides for the application of nationally recognized 

building, property maintenance, and wildfire codes to development 

and alterations on certain Federal land and land conveyed by the 

Forest Service. 

Subsection (a) directs the Secretary to include in the deeds of 

conveyance for Federal land involved in the land exchanges under 

title II a requirement that applicable construction activities and alterations be conducted in accordance with such codes. It also states 

that, to the maximum extent practicable, the codes should be 

adapted to be consistent with any State or local adaptations of 

those codes. Adaptations that do not maintain the codes’ integrity 

and general effectiveness would not be practicable. Paragraph (3) 

makes clear that the codes required under this subsection may be 

enforced by the appropriate State or local entities. 

Subsection (b) requires the Secretary to ensure that future construction and alterations on National Forest System land in the 

Mount Hood National Forest comply with such codes. 

Subsection (c) makes clear that nothing in this section alters the 

powers of State or local governments. 

Section 301 states that, if the Oregon Department of Transportation undertakes to develop a multimodel transportation plan for 

the Mount Hood region, the Secretary shall seek to participate in 

its development, and lists a number of issues that the Secretary 

shall seek to address in the development of any such plan. 

Section 302 requires the Secretary to submit to the appropriate 

congressional committees a report on and implementation schedule 

for the vegetation management strategy that the Forest Service 

currently is developing. The initial report is to be filed not later 

that 1 year after the date of enactment of this Act, and the implementation schedule is to be filed not later than 1 year after the 

strategy is complete. 

Section 303(a) directs the Secretary to develop a plan, in consultation with Indian Tribes with treaty-reserved gathering rights 

on lands within the Mount Hood National Forest, to implement the 

cultural foods obligations of the United States under applicable 

treaties. Paragraph (2) is intended to ensure that the Secretary designs and carries out the cultural foods management plan in a 

manner that is consistent with, or conforms with, the gathering 

rights on the designated lands reserved by the Treaty with the 

Tribes of Middle Oregon of June 25, 1855, and that furthers the 

United States’ on-going implementation of that Treaty. 

Subsection (b) reinforces that nothing in this Act in any way alters the Tribes’ treaty rights or affects land held in trust. 

Section 304(a) recognizes the Secretary’s authority to establish a 

working group to advise the Forest Service on planning and implementing recreation enhancements for the Mount Hood National 

Forest. 

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Subsection (b) emphasizes the Secretary’s responsibility under 

applicable law to consider converting roads to recreational uses as 

an alternative to road decommissioning. 

Subsection (c) emphasizes the Secretary’s authority to design and 

construct a trail in the Mount Hood National Forest that is suitable for use by persons with disabilities. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

SEPTEMBER 4, 2007. 

Hon. JEFF BINGAMAN, 

Chairman, Committee on Energy and Natural Resources, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 647, the Lewis and Clark 

Mount Hood Wilderness Act of 2007. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Tyler Kruzich. 

Sincerely, 

PETER R. ORSZAG. 

S. 647—Lewis and Clark Mount Hood Wilderness Act of 2007 

Summary: S. 647 would designate about 124,000 acres of federal 

land located in Oregon as wilderness and would add about 80 miles 

of waterways in the forest to the Wild and Scenic Rivers System. 

The bill also would designate about 34,550 acres within the national forest as the Mt. Hood National Recreation Area. Other 

lands would be protected by designating them as special resource 

areas or potential wilderness or by requiring them to be managed 

for limited uses. Finally, S. 647 would authorize the U.S. Forest 

Service to acquire private lands near Mt. Hood and would provide 

for several exchanges of land between the Forest Service and nonfederal landowners. 

CBO estimates that implementing S. 647 would cost $3 million 

in 2008 and $11 million over the 2008–2012 period, assuming appropriation of the necessary amounts. Enacting this legislation 

could affect offsetting receipts and direct spending, but we estimate 

that any such effects would be negligible. Enacting the bill would 

not affect revenues. 

S. 647 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act (UMRA). 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 647 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2008 2009 2010 2011 2012 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ...................................................................... 5 2 2 1 1 

Estimated Outlays ......................................................................................... 3 3 2 2 1 

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Basis of estimate: CBO estimates that implementing S. 647 

would cost $11 million over the 2008–2012 period, assuming appropriation of the necessary amounts. We estimate that any forgone 

offsetting receipts (a credit against direct spending) from enacting 

this legislation would be negligible. For this estimate, CBO assumes that the bill will be enacted near the start of fiscal year 

2008 and that the amounts estimated to be necessary will be appropriated each year. 

Protected areas 

Title I would designate 124,000 acres of Forest Service land as 

wilderness. It also would designate approximately 80 miles of rivers as wild and scenic. Subject to valid existing rights, each new 

area designated under the bill would be withdrawn from programs 

to develop mineral or geothermal resources. The Forest Service 

would need to describe, map, and survey the new land to properly 

protect it as wilderness. Based on information from the agency, 

CBO estimates that the Forest Service would spend about $9 million over the 2008–2012 period to complete the necessary mapping 

and surveying. 

Designating federal land as wilderness could result in forgone 

offsetting receipts if, under current law, that land would generate 

income from activities such as timber harvesting and mining. According to the Forest Service, that land currently generates no significant receipts but does contain about 5,000 acres of timber that 

could be harvested in the future. Such sales proceeds can be spent 

by the Forest Service without further appropriation. Thus, CBO estimates that any net budgetary impact from enacting this legislation would be negligible over the next 10 years. 

Land exchanges 

Title II of the legislation would authorize the Forest Service to 

exchange certain federal land for nonfederal land and to make or 

receive cash payments to account for any difference in the value of 

land exchanged. Based on information from the Forest Service, 

CBO estimates that the agency would need to pay $1 million to private landholders to equalize the value of the properties that would 

be exchanged under the bill. In addition, CBO estimates that the 

agency would spend several hundred thousand dollars for administrative activities associated with the exchanges. 

According to the agency, the land to be conveyed currently generates no significant receipts and is not expected to do so over the 

next 10 years; therefore, we estimate that conveying the land 

would not affect offsetting receipts. 

Intergovernmental and private-sector impact: S. 647 contains no 

intergovernmental or private-sector mandates as defined in UMRA. 

The bill would authorize land exchanges between state and local 

governments and the federal government; any costs related to the 

conveyance of such lands would be incurred voluntarily. 

Estimate prepared by: Federal Costs: Tyler Kruzich; Impact on 

State, Local, and Tribal Governments: Leo Lex; Impact on the Private-Sector: Amy Petz. 

Estimate approved by: Theresa A. Gullo, Chief, State and Local 

Government Cost Estimates Unit, Budget Analysis Division. 

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REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 647. 

The bill is not a regulatory measure in the sense of imposing 

Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little additional paperwork would result from the enactment of S. 

647. 

EXECUTIVE COMMUNICATIONS

The views of the Administration were included in testimony received by the Committee at a hearing on S. 647 on May 3, 2007. 

STATEMENT OF MARK REY, UNDER SECRETARY, NATURAL

RESOURCES AND ENVIRONMENT, DEPARTMENT OF AGRI- CULTURE

* * * * * * * 

Mr. Chairman and members of the committee, I appreciate the opportunity to appear before you to today to provide the Department’s views on the bills which are on the 

agenda today. 

S. 647: THE LEWIS AND CLARK MOUNT HOOD WILDERNESS ACT

OF 2007

The Lewis and Clark Mount Hood Wilderness Act of 

2007 provides management direction for Mount Hood and 

its surrounding landscapes that emphasizes the importance of wilderness, recreation, and forest health, as well 

as cultural, historical, environmental and scenic values. 

The Administration recognizes that the bill’s sponsors 

have conducted a considerable amount of outreach and 

worked with a number of communities of interest including local and state governmental entities, tribes, profit and 

non-profit organizations and individuals in the development of S. 647. 

Last year, the Administration testified in hearings on 

two bills concerning the management of lands in and 

around Mount Hood: S. 3854 and H.R. 5025. We are gratified that several of the suggestions offered at that time 

have been considered in S. 647, and it is preferable to last 

year’s Senate bill. However, we still have critical concerns 

regarding several provisions which precludes our support 

for the bill as written. 

Several of the provisions continue to be highly prescriptive and limiting, and we believe, could benefit from additional collaboration among all stakeholders. While we 

strongly support public involvement and community collaboration, the concept of legislating management direction 

is problematic. We find the land exchange provisions and 

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several of the wilderness designations to be especially 

troubling. We would like to work with this committee and 

the sponsors to ensure that existing legal and cooperative 

frameworks for decision-making continue to be honored as 

we seek to meet the goals of the legislation. 

Overview 

S. 647 would expand the National Wilderness Preservation System and the National Wild and Scenic Rivers System, and designate national recreation areas, and a special 

resources management unit. It would provide for the retention of fees from recreation and other special uses and 

establish a recreational working group. 

In addition, the bill would direct the Secretary to work 

with State, local, and other Federal governments to develop an integrated multi-modal transportation plan, and, 

with the State of Oregon, study the feasibility of establishing a gondola connection and a multi-modal transportation center located near Government Camp. 

The bill would require the Secretary of Agriculture to 

conduct a Forest Stewardship Assessment to address forest 

health, to establish Memoranda of Understanding for watershed management between the Forest Service and irrigation districts or municipalities and to study long-term 

biomass available on the Mount Hood National Forest. The 

bill would direct the Secretary to establish priority-use 

areas and provide for the gathering of first foods by members of Indian tribes with treaty-reserved gathering rights. 

The bill would require the Secretary to enter into specified land exchanges with private landowners and directs 

the Secretary to publish a prospectus to operate a ski area 

and inn that would be acquired in an exchange. 

Analysis 

The Administration supports many of the concepts and 

provisions of this bill, including some wilderness and wild 

and scenic river designations, and the attention focused on 

recreation, watershed and forest health and transportation 

issues on and around Mount Hood. 

We would like to work with the committee and sponsors 

to correct technical items and resolve concerns regarding 

the legislation including: (1) Effects of some of the wilderness proposals; (2) special use fee retention; (3) restrictive 

management requirements of the Crystal Springs Watershed Management Unit; (4) the requirement to enter into 

a land exchange that, in our consideration, is not in the 

public interest; and (5) the requirement to undertake procedures required by the National Environmental Policy 

Act, the Endangered Species Act, and other laws for a legislated land exchange when the statute leaves no discretion to take into consideration the information obtained by 

these procedures. 

The bill also authorizes approximately $2 million in appropriations and many new management activities without 

identifying sources of funding or proposed offsets. It remstockstill on PROD1PC66 with HEARING

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quires some 20 different types of plans, studies, and management activities without consideration for ongoing forest 

or regional priorities. It sets multiple timelines that are 

unachievable given the volume of work, current staffing, 

and requirements for third party participation. 

Wilderness 

S. 647 proposes to designate approximately 128,800 new 

acres of wilderness on the Mount Hood National Forest, 

and about 1,700 acres of wilderness on adjacent lands 

managed by the Bureau of Land Management. The Administration would support the designation of wilderness for 

areas that are consistent with the hallmarks of wilderness 

described in the Wilderness Act of 1964 areas dominated 

by the forces of nature, with primeval character and natural conditions that contrast with developed lands and offering outstanding opportunities for solitude or primitive 

and unconfined recreation. 

The best opportunities for achieving these conditions are 

within those proposed areas that are contiguous to existing 

wilderness areas. The additions that, in our opinion, could 

enhance existing wilderness areas include approximately 

59,000 acres consisting of the following: Bull of the Woods 

(5,400 acres), Mount Hood (2,000 acres), SalmonHuckleberry (7,700 acres), Roaring River (31,000 acres), 

and Gorge Face (12,500 acres). 

We would like to work with the committee to seek agreement on mapping changes that would provide more manageable boundary locations and enhance the overall wilderness character of the proposed wildernesses. We also 

seek the flexibility in legislative language to make minor 

boundary adjustments prior to survey to exclude non-conforming uses such as power lines, roads and existing permitted operations. In addition, we understand that some of 

the maps referenced in the legislation have been modified 

since the bill was first introduced, and bill language 

should be amended to reflect the changes. 

We have specific concerns with other proposed wilderness designation including many of the smaller, isolated 

areas. These areas are currently managed for values and 

uses that are inconsistent with wilderness designation, including motorized access. Examples of proposed wilderness 

with limited or impaired wilderness character would include areas close to I–84 and Highways 35 and 26, and 

small extrusions and peninsulas extending from existing 

wilderness and from some of the proposed new wilderness. 

We believe these proposed areas would be adversely impacted from adjacent activities or from activities associated 

with the continuation of existing uses, such as mountain 

biking and motorized camping. We would like to work with 

the committee to explore alternatives that could meet the 

intent of protecting these areas for future generations 

short of wilderness designation. 

S. 647 proposes new wilderness within the boundary of 

the Columbia River Gorge National Scenic Area 

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(CRGNSA) designated by Congress in 1986. Most of the 

area within the CRGNSA covered under the bill is adjacent to urbanized areas and significant infrastructure 

(such as the cities of Hood River, Bonneville, and Cascade 

Locks, the unincorporated communities of Dodson and 

Warrendale, Bonneville Power Administration’s high voltage power lines that traverse and transect the Gorge, 

Interstate 84, and the Union Pacific Rail Line). We believe 

that adjacent land uses, in conjunction with special provisions for existing rights such as the Army Corps of Engineers permit related to Bonneville Dam, could potentially 

conflict with and compromise the wilderness character of 

the proposed Gorge Face Wilderness. The CRGNSA designation has been highly successful in protecting and enhancing the scenic, cultural, and natural and recreation resources of the area while accommodating economic development consistent with these purposes. 

Section 106 would require the Secretary to construct a 

system of defensible fuel profile zones. Significant intergovernmental agency and community involvement has resulted in the development of the City of Cascade Locks 

Community and the Clackamas County Community Wildfire Protection Plans, completed in 2005. Implementation 

is being planned by the Forest Service and these partners 

at this time. However, it would be difficult to implement 

the proposed zones in a manner consistent with the Mount 

Hood National Forest Management Plan. The area around 

Government Camp is spotted owl habitat. Previous fuel reduction projects in this vicinity have been limited because 

effective treatment would change the stand composition, 

conflicting with spotted owl habitat. More flexibility in bill 

language would address this concern 

Wild and scenic river designations 

The Department supports the wild and scenic river designations proposed by S. 647, with the exception of the Fifteen Mile Creek and the East Fork Hood River. The former 

did not rise to a level of significance for a wild and scenic 

river eligibility study during the Land and Resource Management Planning process and we believe it still does not 

merit further consideration. The East Fork Hood River 

was determined not a suitable addition to the National 

Wild and Scenic Rivers System in the Mount Hood Land 

and Resource Management Plan. The paragraphs amending Section 3(a) of the Wild and Scenic Rivers Act should 

not be numbered, and several river-specific proposals require further clarification. We look forward to working 

with the committee to address these concerns. 

The Forest Service is also concerned about its ability to 

protect wild and scenic river values with regard to particular wild and scenic river boundary locations; the language relative to water rights and flow requirements; culverts; and treatment of State highways. We prefer that the 

boundaries be adjusted to exclude potentially nonconforming activities to protect the values associated with 

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these special resources. We would like to work with the 

committee on amendments to address these concerns. 

Recreation 

Title IX of the bill would, for a 10-year period, provide 

for retention of land use fees from special use authorizations, recreation residences, resorts (including winter 

recreation resorts), communication uses, linear rights-ofway, and other special uses. Revenues would be held in a 

special account for expenditure toward a variety of purposes, such as installation, repair, maintenance, and enhancement related to visitor enjoyment, access, and health 

and safety. 

We recognize the importance of outdoor recreation to the 

social and economic well-being of the Mount Hood region 

today and into the future. We share the sponsors’ concerns 

with the challenges of managing complex and often conflicting recreation values and uses. However, the new fee 

retention authority for the Mount Hood National Forest as 

specified in the legislation is objectionable. The inclusion of 

new authority for retention and expenditure of land use 

fees would result in a loss of Treasury receipts which are 

used to fund ongoing programs. 

The proposed legislation would provide for the establishment of a Mount Hood National Forest Recreational Working Group that would be exempt from the Federal Advisory Committee Act (FACA). This working group would 

provide advice on planning and implementing recreational 

enhancements on the Mount Hood National Forest, including advice on how the retained fees should be expended. 

The FLREA already requires the creation of a Recreational 

Advisory Committee, with similar membership. We believe 

creation of any additional advisory council would be administratively burdensome and costly and would like to 

work with the Committee to develop a means to address 

the objectives of this provision. 

S. 647 would designate a Mount Hood National Recreation Area (NRA). The Administration supports this designation, which recognizes the variety of recreational activities that visitors currently enjoy in the proposed area. 

We also appreciate the significant changes in language reflected in this bill in response to Administration concerns 

with language in previous versions. We suggest that some 

of the smaller isolated tracts now proposed for wilderness 

would be better protected as additions to the proposed national recreation areas as an alternative to wilderness designation. 

The bill proposes only the Mount Hood NRA, although 

the maps reference two additional national recreation 

areas: the Fifteenmile Creek NRA, and the Shellrock 

Mountain NRA. As mapped, the Mount Hood NRA overlaps the proposed Badger Creek Wilderness (3,004 acres), 

the proposed Barlow Butte Wilderness Area (1,973 acres) 

and the proposed Twin Lakes Wilderness Area (6,359 

acres). This dual designation would prove difficult to manmstockstill on PROD1PC66 with HEARING

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age and could also be confusing to the public. We suggest 

that national recreation area designation for all of these 

areas is most appropriate. The bill should be amended to 

reflect the designation of the three separate national recreation areas referenced on the maps. 

Transportation 

The Administration supports collaboratively participating with the State of Oregon, local governments, and 

Federal departments in the development of a comprehensive, multi-modal transportation strategy for the Mount 

Hood region. We do not support language contained in Section 402(e), which assigns responsibility for the transportation plan to the Secretary, or Section 402(f) which authorizes the appropriation of $2 million to carry out the 

section. Existing funding mechanisms under section 1117 

of the Safe, Accountable, Flexible, Efficient Transportation 

Equity Act: A Legacy for Users (SAFETEA–LU) (P.L. 109– 59) are already available to the Oregon Department of 

Transportation to address transportation planning. Indeed, 

the Mount Hood National Forest has recently secured 

$100,000 of funding under section 3021 of SAFETEA–LU 

for the State to begin work on preliminary planning. The 

transportation plan will include a review and compilation 

of all existing studies related to transportation in the 

Mount Hood region. 

In addition to the transportation plan, the bill would require the Secretary to conduct a study of the feasibility of 

establishing a gondola connecting Timberline Lodge to 

Government Camp and an inter-modal transportation center in close proximity to Government Camp. Given the 

complexity of conducting this study, we suggest that the 

Department of Transportation has the appropriate expertise to carry it out. 

A 2001 gondola feasibility study conducted with funding 

from the Federal Highway Administration estimated the 

cost to construct a gondola from Government Camp to 

Timberline Lodge ranged from $21 to $26 million, and estimated the cost of the gondola from Government Camp to 

Mount Hood Meadows ranged from $37 to $56 million. We 

do not believe another study of the gondola feasibility 

would be needed and we would recommend including the 

completed study as part of the regional transportation 

planning process. 

Section 404 authorizes the Secretary to provide State 

and Private Forestry program grants to Cascade Locks and 

Hood River County for the burial of power lines, but the 

use of these funds is inconsistent with the purposes of the 

State and Private Forestry program. Section 405 allows for 

activities not normally permitted in designated wilderness 

and wild and scenic rivers to repair, realign, expand capacity, and carry out other activities for Highway 35 and any 

other existing State highway. We would like to work with 

the sponsors to adjust the proposed wilderness and wild 

and scenic river boundaries to reduce the need for these 

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31 

types of activities within these designations while still allowing the State to respond to unforeseen emergencies. 

Forest and watershed stewardship 

We support the objectives of the Forest Stewardship Assessment in both bills to determine forest health needs. 

The Forest Service is currently developing an integrated 

vegetation management approach similar to the approach 

provided for in the legislation. The ability to use existing 

information and processes would expedite developing a forest stewardship assessment consistent with other agency 

efforts. However, the legislation requires commencement of 

implementation of the stewardship assessment projects 

within a limited time frame, and the Department is concerned this requirement will redirect other available funds 

allocated to meet higher priority needs. The bill, if enacted, therefore would require the Forest Service to utilize 

existing funds and displace other, more critical, ongoing 

work. Again, we would like to work with the committee to 

address this concern. 

We support the concept of assessing the amount of longterm sustainable biomass available in the Mount Hood National Forest. The Forest Service has already begun a 

study as part of a recent memorandum of understanding 

signed by the Confederated Tribes of Warm Springs and 

others to analyze the supply of biomass for a tribal co-generation plant. The bill restricts biomass material to byproducts from forest restoration activities. We would like 

to work with the sponsors to expand the definition of biomass to be consistent with the language in the memorandum of understanding with the Confederated Tribes of 

Warm Springs. 

Local and tribal relations 

The bills would encourage the Secretary of Agriculture 

to cooperate with the Tribes, Federal and State entities, 

and local communities. We support this general direction. 

We also support the requirement to identify, establish, develop, and manage priority-use areas for gathering of first 

foods by member of Indian tribes with treaty reserved 

rights (as provided in section 802(a) of S. 647. 

Land conveyances 

We appreciate the sponsors’ efforts to resolve long-standing conflicts on Mount Hood with the Cooper Spur- Government Camp land exchange proposal, as well as the 

changes in the bill to address some of the valuation-related 

concerns expressed in previous testimony. 

While we support the direction in S. 647 to use nationally recognized appraisal standards, the Administration 

objects to the bill’s requirements that depart from those 

standards. The Administration also objects to the additional requirements that the date of valuation be the 

spring of 2005 and that appraisal be approved by other 

parties, namely the County and Mt. Hood Meadows. To 

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protect the public’s investment, appraisals performed for 

any proposed exchange should be done as close to the date 

of transaction as is feasible. Approval of appraisals is normally solely at the discretion of the Secretary. Mount Hood 

Meadows and Clackamas County should have the opportunity to provide the appraisers with market information, 

but should not share approval authority with the Secretary 

because of their potential interest in the outcome. We have 

a number of suggestions for improving the land exchange 

proposal. 

First, we recommend reconsideration of the requirements that the Forest Service would take possession of an 

aging infrastructure, solicit a new concessionaire, and be 

prohibited from subsequent land or facility adjustments, 

because all could be problematic. 

Second, we suggest consideration of alternative exchange 

lands. The 770 acres of private lands offered to the United 

States at Cooper Spur do not have national forest characteristics. They are heavily disturbed, fragmented and 

interspersed with roads, power-lines, and subdivisions. 

Third, we recommend re-evaluation of the unique resource implications of privatizing the two parcels of land 

at Government Camp. We have other concerns regarding 

the Cooper Spur land exchange process and would like to 

work with the committee on amendments to address these 

concerns. 

The Administration supports the proposed exchange 

with the Port of Cascade Locks to improve the Pacific 

Crest National Scenic Trail. The administration does not 

object to the Hunchback Mountain exchange with 

Clackamas County. We note that this exchange would require a legislated adjustment to the Mt. Hood National 

Forest Boundary and we would work with the committee 

to address this. 

Sec. 503(f)(1) provides that it is the intent of Congress 

that the Secretary complete all legal and regulatory processes required for the exchange of Federal land and the 

non-Federal land in 16 months. This timeframe is 

unachievable given the applicable requirements for environmental studies, public participation, evaluation of alternatives, Endangered Species Act consultation, additional 

third-party consultation requirements in this legislation, 

and the limitations in sharing costs with the proponents, 

as well as conflicts with the Region’s existing priorities for 

critical land exchange work. 

In addition, the requirement that provisions with legislated outcomes, such as the land exchanges, be subject to 

participatory environmental laws such as the National Environmental Policy Act is not consistent with the requirements of such laws since there is no ability for the agency 

or the public to effect adjustments to the proposal because 

the outcome is specified in the legislation. 

The Administration could support relevant conveyances 

if bill language is amended to address these concerns. 

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Summary 

In summary Mr. Chairman, while we are encouraged by 

the sponsor’s efforts on behalf of the Mount Hood National 

Forest, the Administration has significant concerns with S. 

647 as presently written. Nevertheless, we see a great potential, working with the many stakeholders of the region 

and beyond, to meet the bills objectives to protect for future generations the recreation opportunities and resource 

values of the Mount Hood National Forest. We believe we 

can accomplish these objectives using existing authorities 

as well as some of the provisions of the bill. We strongly 

support negotiated agreements on land management and 

we are committed to continuing to work on the sections 

where we have concerns. 

* * * * * * * 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by S. 647, as ordered reported, are shown as follows (existing law proposed to be 

omitted is enclosed in black brackets, new matter is printed in 

italic, existing law in which no change is proposed is shown in 

roman): 

A. WILD AND SCENIC RIVERS ACT 

(PUBLIC LAW 90–542; APPROVED OCTOBER 2, 1968)

AN ACT To provide a National Wild and Scenic Rivers System, and for other 

purposes 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, 

That (a) this Act may be cited as the ‘‘Wild and Scenic Rivers 

Act’’. 

* * * * * * * 

SEC. 3(a). The following rivers and the land adjacent thereto are 

hereby designated as components of the national wild and scenic 

rivers system: 

(167) WHITE SALMON RIVER, WASHINGTON.—

* * * * * * * 

(168) BLACK BUTTE RIVER, CALIFORNIA.—

* * * * * * * 

ø(167)¿ (169) MUSCONETCONG RIVER, NEW JERSEY.—

* * * * * * * 

(170) SOUTH FORK CLACKAMAS RIVER.—The 4.2-mile segment 

of the South Fork Clackamas River from its confluence with the 

East Fork of the South Fork Clackamas to its confluence with 

the Clackamas River, to be administered by the Secretary as a 

wild river. 

(171) EAGLE CREEK.—The 8.3-mile segment of Eagle Creek 

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34 

ary, to be administered by the Secretary of Agriculture as a 

wild river. 

(172) MIDDLE FORK HOOD RIVER.—The 3.7-mile segment of 

the Middle Fork Hood River from the confluence of Clear and 

Coe Branches to the north section line of section 11, township 

1 south, range 9 east, to be administered by the Secretary of Agriculture as a scenic river. 

(173) SOUTH FORK ROARING RIVER.—The 4.6-mile segment of 

the South Fork Roaring River from its headwaters to its confluence with Roaring River, to be administered by the Secretary 

of Agriculture as a wild river. 

(174) ZIG ZAG RIVER.—The 4.3-mile segment of the Zig Zag 

River from its headwaters to the Mount Hood Wilderness 

boundary, to be administered by the Secretary of Agriculture as 

a wild river. 

(175) FIFTEENMILE CREEK.—

(A) IN GENERAL.—The 11.1-mile segment of Fifteenmile 

Creek from its source at Senecal Spring to the southern 

edge of the northwest quarter of the northwest quarter of 

section 20, township 2 south, range 12 east, to be administered by the Secretary of Agriculture in the following classes: 

(i) the 2.6-mile segment from its source at Senecal 

Spring to the Badger Creek Wilderness boundary, as a 

wild river; 

(ii) the 0.4-mile segment from the Badger Creek Wilderness boundary to the point 0.4 miles downstream, 

as a scenic river; 

(iii) the 7.9-mile segment from the point 0.4 miles 

downstream of the Badger Creek Wilderness boundary 

to the western edge of section 20, township 2 south, 

range 12 east as a wild river; and 

(iv) the 0.2-mile segment from the western edge of 

section 20, township 2 south, range 12 east, to the 

southern edge of the northwest quarter of the northwest 

quarter of section 20, township 2 south, range 12 east 

as a scenic river. 

(B) INCLUSIONS.—Notwithstanding section 3(b) of this 

Act, the lateral boundaries of both the wild river area and 

the scenic river area along Fifteenmile Creek shall include 

an average of not more than 640 acres per mile measured 

from the ordinary high water mark on both sides of the 

river. 

(176) EAST FORK HOOD RIVER.—The 13.5-mile segment of the 

East Fork Hood River from Oregon State Highway 35 to the 

Mount Hood National Forest boundary, to be administered by 

the Secretary of Agriculture as a recreational river. 

(177) COLLAWASH RIVER.—The 17.8-mile segment of the 

Collawash River from the headwaters of the East Fork 

Collawash to the confluence of the mainstream of the Collawash 

River with the Clackamas River, to be administered in the following classes: 

(A) the 11.0-mile segment from the headwaters of the 

East Fork Collawash River to Buckeye Creek, as a scenic 

river; and 

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(B) the 6.8-mile segment from Buckeye Creek to the 

Clackamas River, as a recreational river. 

(178) FISH CREEK.—The 13.5-mile segment of Fish Creek from 

its headwaters to the confluence with the Clackamas River, to 

be administered by the Secretary of Agriculture as a recreational river. 

B. COLUMBIA RIVER GORGE NATIONAL 

SCENIC AREA ACT 

(PUBLIC LAW 99–663; APPROVED NOVEMBER 17, 1986)

AN ACT To protect and provide for the enhancement of the resources of the 

Columbia River Gorge, and for other purposes 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, 

SEC. 1. This Act may be referred to as the ‘‘Columbia River Gorge 

National Scenic Area Act’’. 

* * * * * * * 

SEC. 13(a). WATER RESOURCE PROJECTS.—The following rivers 

and streams shall be subject to the same restrictions on the licensing, permitting, and exempting from licensing and the construction 

of water resource projects as provided for components of the National Wild and Scenic Rivers System pursuant to section 7(a) of 

the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)): 

* * * * * * * 

(4) the Hood River, Oregon, øfor a period not to exceed twenty 

years from the date of enactment of this Act,¿ if such facility impounds or diverts water other than by means of a dam or diversion 

existing as of date of enactment of this Act; and 

* * * * * * * 

Æ 

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