IIB 

109TH CONGRESS 

2D SESSION H. R. 5025 

IN THE SENATE OF THE UNITED STATES 

JULY 25, 2006 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

To protect for future generations the recreational opportunities, forests, timber, clean water, wilderness and scenic 

values, and diverse habitat of Mount Hood National Forest, Oregon, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Mount Hood Stewardship Legacy Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Implementation. 

Sec. 3. No reduction in Mount Hood National Forest funding. 

TITLE I—WILDERNESS AREA DESIGNATIONS 

Sec. 101. Findings and purpose. 

Sec. 102. Designation of wilderness areas, Mount Hood National Forest. 

Sec. 103. Administration of wilderness areas. 

Sec. 104. Maintenance and replacement of foot bridges in wilderness areas. 

TITLE II—WILD AND SCENIC RIVER DESIGNATIONS 

Sec. 201. Findings and purpose. 

Sec. 202. Wild and scenic river designations, Mount Hood National Forest. 

Sec. 203. Relation to Middle Fork Irrigation District. 

TITLE III—RECREATION 

Sec. 301. Findings and purpose. 

Sec. 302. Retention of Mount Hood National Forest land use fees from special 

use authorizations. 

Sec. 303. Use of funds in special account to support recreation. 

Sec. 304. Annual reporting requirement. 

Sec. 305. Mount Hood National Forest Recreational Working Group. 

Sec. 306. Consideration of conversion of forest roads to recreational uses. 

Sec. 307. Improved trail access for persons with disabilities. 

TITLE IV—TRANSPORTATION 

Sec. 401. Findings and purpose. 

Sec. 402. Mount Hood region defined. 

Sec. 403. Transportation plan. 

Sec. 404. Study regarding gondola connection and intermodal transportation 

center. 

TITLE V—FOREST AND WATERSHED STEWARDSHIP 

Sec. 501. Findings and purpose. 

Sec. 502. Forest stewardship assessment. 

Sec. 503. Sustainable biomass utilization study. 

Sec. 504. Watershed management memoranda of understanding. 

TITLE VI—CRYSTAL SPRINGS WATERSHED SPECIAL RESOURCES 

MANAGEMENT UNIT 

Sec. 601. Findings and purpose. 


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Sec. 602. Establishment of Crystal Springs Watershed Special Resources Management Unit. 

Sec. 603. Administration of Management Unit. 

Sec. 604. Acquisition of lands. 

Sec. 605. Effective date. 

TITLE VII—LOCAL AND TRIBAL RELATIONSHIPS 

Sec. 701. Findings and purpose. 

Sec. 702. First foods gathering areas. 

Sec. 703. Forest Service coordination with State and local governments. 

Sec. 704. Savings provisions regarding relations with Indian tribes. 

Sec. 705. Improved natural disaster preparedness. 

TITLE VIII—LAND CONVEYANCES 

Subtitle A—Cooper Spur-Government Camp Land Exchange 

Sec. 801. Findings and purpose. 

Sec. 802. Cooper Spur-Government Camp Land Exchange. 

Sec. 803. Treatment of Inn at Cooper Spur and the Cooper Spur Ski Area. 

Sec. 804. General provisions. 

Subtitle B—Other Land Exchanges 

Sec. 811. Land exchange, Port of Cascade Locks-Pacific Crest National Scenic 

Trail. 

Sec. 812. Hunchback Mountain land exchange, Clackamas County. 

1 SEC. 2. IMPLEMENTATION. 

2 References in this Act to the Secretary of Agriculture 

3 or the Secretary mean the Secretary of Agriculture, acting 

4 through the Forest Service. 

5 SEC. 3. NO REDUCTION IN MOUNT HOOD NATIONAL FOR6 EST FUNDING. 

7 Nothing in this Act is intended to authorize a reduc8 tion in the amount of funds appropriated or otherwise 

9 made available for the Mount Hood National Forest below 

10 the average annual funding level provided for the national 

11 forest during fiscal years 1997 through 2006. 


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1 TITLE I—WILDERNESS AREA 

2 DESIGNATIONS 

3 SEC. 101. FINDINGS AND PURPOSE. 

4 The purpose of this title is to designate approxi5 mately 77,216 acres of National Forest System land in 

6 the Mount Hood National Forest as wilderness. The most 

7 recent designation of wilderness in the Mount Hood Na8 tional Forest occurred in 1984, and the designation of an 

9 additional 77,216 acres by this title represents a 41 per10 cent increase in the amount of wilderness designated in 

11 the national forest. 

12 SEC. 102. DESIGNATION OF WILDERNESS AREAS, MOUNT 

13 HOOD NATIONAL FOREST. 

14 (a) DESIGNATION.—In furtherance of the purposes of 

15 this title and the Wilderness Act (16 U.S.C. 1131 et seq.), 

16 the following areas in the Mount Hood National Forest 

17 are designated as wilderness and, therefore, as compo18 nents of the National Wilderness Preservation System: 

19 (1) BIG BOTTOM WILDERNESS.—National For20 est System land comprising approximately 1,330 

21 acres, as generally depicted on the map entitled ‘‘Big 

22 Bottom Wilderness’’ and dated June 2006, which 

23 shall be known as the ‘‘Big Bottom Wilderness’’. 

24 (2) BULL OF THE WOODS WILDERNESS ADDI25 TION.—National Forest System land comprising apVerDate Aug 31 2005 05:31 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5025.RFS H5025

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1 proximately 4,717 acres, as generally depicted on the 

2 map entitled ‘‘Bull of the Woods Wilderness’’ and 

3 dated June 2006, is incorporated in and shall be 

4 considered to be a part of the Bull of the Woods 

5 Wilderness, as designated by section 3(4) of the Or6 egon Wilderness Act of 1984 (16 U.S.C. 1132 note; 

7 Public Law 98–328). 

8 (3) COOPER SPUR WILDERNESS.—National 

9 Forest System land comprising approximately 2,038 

10 acres, as generally depicted on the map entitled 

11 ‘‘Cooper Spur Wilderness’’ and dated June 2006, 

12 which shall be known as the ‘‘Cooper Spur Wilder13 ness’’. 

14 (4) GORGE RIDGELINE WILDERNESS.—National 

15 Forest System land comprising approximately 

16 22,577 acres, as generally depicted on the map enti17 tled ‘‘Gorge Ridgeline Wilderness’’ and dated June 

18 2006, which shall be known as the ‘‘Gorge Ridgeline 

19 Wilderness’’. 

20 (5) MOUNT HOOD WILDERNESS ADDITIONS.— 

21 National Forest System land comprising approxi22 mately 4,672 acres, as generally depicted on the 

23 maps entitled ‘‘Mount Hood Wilderness (Elk Cove/ 

24 Mazama Addition)’’ and ‘‘Mount Hood Wilderness 

25 (Sandy Addition)’’ and dated June 2006, is incorVerDate Aug 31 2005 05:31 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5025.RFS H5025

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1 porated in and shall be considered to be a part of 

2 the Mount Hood Wilderness, as designated by sec3 tion 3 of the Wilderness Act (16 U.S.C. 1132). 

4 (6) ROARING RIVER WILDERNESS.—National 

5 Forest System land comprising approximately 

6 37,749 acres, as generally depicted on the map enti7 tled ‘‘Roaring River Wilderness’’ and dated June 

8 2006, which shall be known as the ‘‘Roaring River 

9 Wilderness’’. 

10 (7) SALMON-HUCKLEBERRY WILDERNESS ADDI11 TIONS.—National Forest System land comprising 

12 approximately 4,133 acres, as generally depicted on 

13 the maps entitled ‘‘Salmon Huckleberry Wilderness 

14 (Alder Creek Addition)’’ and ‘‘Salmon Huckleberry 

15 Wilderness (Eagle Creek Addition)’’ and dated June 

16 2006, is incorporated in and shall be considered to 

17 be a part of the Salmon-Huckleberry Wilderness, as 

18 designated by section 3(2) of the Oregon Wilderness 

19 Act of 1984 (16 U.S.C. 1132 note; Public Law 98– 

20 328). 

21 (b) MAPS AND LEGAL DESCRIPTION.— 

22 (1) SUBMISSION OF LEGAL DESCRIPTIONS.—As 

23 soon as practicable after the date of the enactment 

24 of this Act, the Secretary of Agriculture shall pre25 pare and submit to Congress a legal description of 


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1 each wilderness area designated or expanded by sub2 section (a). It is the intent of Congress that the final 

3 boundary description of the wilderness area be writ4 ten so that any road or trail depicted on the map 

5 referred to in subsection (a) corresponding to that 

6 wilderness area as being inside of the designated 

7 area shall in fact be inside of the wilderness area 

8 and any road or trail depicted on the map as being 

9 outside of the designated area shall in fact be out10 side of the wilderness area. 

11 (2) FORCE OF LAW.—The maps referred to in 

12 subsection (a) and the legal descriptions prepared 

13 under paragraph (1) shall have the same force and 

14 effect as if included in this Act, except that the Sec15 retary may correct technical errors in the maps and 

16 legal descriptions. The Secretary shall notify Con17 gress of any change made in a map or legal descrip18 tion under the authority of this paragraph and the 

19 reason for the change. 

20 (3) PUBLIC AVAILABILITY.—The maps referred 

21 to in subsection (a) and the legal descriptions pre22 pared under paragraph (1) shall be filed and made 

23 available for public inspection in the appropriate of24 fices of the Forest Service. 

25 (c) CHARACTER OF DESIGNATED LAND.— 


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1 (1) EXCLUSION OF PRIVATE LAND.—It is the 

2 intent of Congress that the wilderness areas des3 ignated or expanded by this section do not incor4 porate any private land in-holding. If any private 

5 land is inadvertently included within the boundaries 

6 of a wilderness area designated or expanded by this 

7 section, the Secretary of Agriculture shall ensure 

8 that the landowner continues to have adequate ac9 cess to the private land. 

10 (2) EXCLUSION OF FERC PROJECT LANDS.— 

11 Lands inside the Federal Energy Regulatory Com12 mission boundaries established as of the date of the 

13 enactment of this Act for a licensed hydroelectic 

14 project are excluded from wilderness areas des15 ignated or expanded by this section. Operations, 

16 maintenance, and construction activities associated 

17 with such a project are not affected in any way by 

18 the designation or expansion of wilderness areas by 

19 this section. 

20 (3) NO PRECEDENT VALUE.—Nothing in this 

21 subsection is intended to establish a precedent with 

22 regard to the designation of Federal land as wilder23 ness by any provision of law enacted after the date 

24 of the enactment of this Act. 


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1 (4) COLUMBIA GORGE AIRSHED.—The designa2 tion of wilderness by this section in the Columbia 

3 Gorge, as depicted on the map entitled ‘‘Gorge 

4 Ridgeline Wilderness’’ and dated June 2006, shall 

5 not result in the designation of a Class I airshed in 

6 the Columbia Gorge through Federal regulatory ac7 tion. 

8 SEC. 103. ADMINISTRATION OF WILDERNESS AREAS. 

9 (a) MANAGEMENT.—Subject to valid existing rights, 

10 the National Forest System land designated as wilderness 

11 by section 102 shall be administered by the Secretary of 

12 Agriculture in accordance with this title and the Wilder13 ness Act (16 U.S.C. 1131 et seq.), except that any ref14 erence in the Wilderness Act to the effective date of such 

15 Act shall be considered to be a reference to the date of 

16 the enactment of this Act. 

17 (b) INCORPORATION OF ACQUIRED LAND AND IN18 TERESTS.—Any non-Federal land that is located within 

19 the boundaries of the National Forest System land des20 ignated as wilderness by section 102 and is acquired by 

21 the United States after the date of the enactment of this 

22 Act shall— 

23 (1) become part of the wilderness area in which 

24 the land is located; and 


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1 (2) be managed in accordance with this title 

2 and the Wilderness Act (16 U.S.C. 1131 et seq.). 

3 (c) WITHDRAWAL.—Subject to valid existing rights, 

4 the National Forest System land designated as wilderness 

5 by section 102 is withdrawn from all forms of— 

6 (1) entry, appropriation, or disposal under the 

7 public land laws; 

8 (2) location, entry, and patent under the mining 

9 laws; and 

10 (3) disposition under all laws pertaining to min11 eral and geothermal leasing or mineral materials. 

12 (d) FIRE, INSECT, AND DISEASE MANAGEMENT AC13 TIVITIES.—In accordance with section 4(d)(1) of the Wil14 derness Act (16 U.S.C. 1133(d)(1)) and House Report 

15 No. 98–40 of the 98th Congress, the Secretary of Agri16 culture may take such measures on the National Forest 

17 System land designated as wilderness by section 102 as 

18 are necessary for the control of fire, insects, and diseases. 

19 (e) SNOW SENSORS AND STREAM GAUGES.—Nothing 

20 in this title prevents the installation and maintenance of 

21 hydrologic, meteorologic, or climatological instrumentation 

22 on the National Forest System land designated as wilder23 ness by section 102 if the Secretary of Agriculture deter24 mines that hydrologic, meteorologic, or climatological in25 strumentation is appropriate to further the scientific, eduVerDate Aug 31 2005 05:31 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5025.RFS H5025

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1 cational, and conservation purposes of the wilderness 

2 areas. 

3 (f) MILITARY ACTIVITIES.—Nothing in this Act pre4 cludes low-level overflights of military aircraft, the des5 ignation of new units of special airspace, or the use or 

6 establishment of military flight training routes over the 

7 National Forest System land designated as wilderness by 

8 section 102. 

9 (g) LIVESTOCK.—Grazing of livestock and the main10 tenance of existing facilities related to grazing on the Na11 tional Forest System land designated as wilderness by sec12 tion 102, where established before the date of the enact13 ment of this Act, shall be permitted to continue in accord14 ance with— 

15 (1) section 4(d)(4) of the Wilderness Act (16 

16 U.S.C. 1133(d)(4)); and 

17 (2) the guidelines set forth in Appendix A of 

18 House Report 101–405 of the 101st Congress. 

19 (h) FISH AND WILDLIFE MANAGEMENT.— 

20 (1) IN GENERAL.—In furtherance of the pur21 poses of the Wilderness Act (16 U.S.C. 1131 et 

22 seq.), the Secretary of Agriculture may carry out 

23 management activities to maintain or restore fish 

24 and wildlife populations and fish and wildlife habi25 tats on the National Forest System land designated 


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1 as wilderness by section 102 if such activities are 

2 consistent with applicable wilderness management 

3 plans and carried out in accordance with applicable 

4 guidelines and policies. Nothing in this Act affects 

5 the jurisdiction of the State of Oregon with respect 

6 to fish and wildlife on the public land located in the 

7 State. 

8 (2) BULL TROUT RESTORATION PROJECT.—It 

9 is the intent of Congress that nothing in this title 

10 prevents the Secretary of Agriculture from con11 ducting the Bull Trout restoration project underway 

12 as of the date of the enactment of this Act in Clear 

13 Branch Creek west of Lawrence Lake in order to re14 store historic trout populations and habitat. Project 

15 work shall be carried out in accordance with the 

16 minimum tools policies of the Forest Service. 

17 (i) CONTINUED USE BY MEMBERS OF INDIAN

18 TRIBES.— 

19 (1) ACCESS.—In recognition of the past use of 

20 the National Forest System land designated as wil21 derness by section 102 by members of Indian tribes 

22 for traditional cultural and religious purposes, the 

23 Secretary of Agriculture shall ensure that Indian 

24 tribes have access to the wilderness areas for tradi25 tional cultural and religious purposes. 


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1 (2) TEMPORARY CLOSURES.—In carrying out 

2 this subsection, the Secretary, at the request of an 

3 Indian tribe, may temporarily close to the general 

4 public one or more specific portions of the National 

5 Forest System land designated as wilderness by sec6 tion 102 to protect the privacy of the members of 

7 the Indian tribe in the conduct of the traditional cul8 tural and religious activities in the wilderness area. 

9 Any such closure shall be made in such a manner as 

10 to affect the smallest practicable area for the min11 imum period of time necessary for the activity to be 

12 carried out. 

13 (3) APPLICABLE LAW.—Access to the wilder14 ness areas under this subsection shall be provided in 

15 accordance with the Wilderness Act (16 U.S.C. 1131 

16 et seq.) and Public Law 95–341 (commonly known 

17 as the American Indian Religious Freedom Act; 42 

18 U.S.C. 1996 et seq.). 

19 (j) ADJACENT MANAGEMENT.—Nothing in this Act 

20 creates protective perimeters or buffer zones around the 

21 National Forest System land designated as wilderness by 

22 section 102. The fact that nonwilderness activities or uses 

23 can be seen or heard from the designated wilderness shall 

24 not preclude the conduct of those activities or uses outside 

25 the boundary of the wilderness area. 


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1 SEC. 104. MAINTENANCE AND REPLACEMENT OF FOOT 

2 BRIDGES IN WILDERNESS AREAS. 

3 In the case of each wilderness area designated or ex4 panded by section 102, it is the intent of Congress that 

5 the Secretary of Agriculture be able to provide for the 

6 maintenance of the foot bridge crossings in the wilderness 

7 area and, when needed, the replacement of the foot bridge 

8 crossings to ensure public access and safety. Foot bridge 

9 replacement work shall be carried out in accordance with 

10 the minimum tools policies of the Forest Service. 

11 TITLE II—WILD AND SCENIC 

12 RIVER DESIGNATIONS 

13 SEC. 201. FINDINGS AND PURPOSE. 

14 The purpose of this title is to designate approxi15 mately 25 miles of waterways in the Mount Hood National 

16 Forest as additions to the National Wild and Scenic Riv17 ers System. The addition of these 25 miles of waterways 

18 represents an increase of 20 percent in the total length 

19 of all of the waterways in the Mount Hood National For20 est included in the National Wild and Scenic Rivers Sys21 tem. 

22 SEC. 202. WILD AND SCENIC RIVER DESIGNATIONS, MOUNT 

23 HOOD NATIONAL FOREST. 

24 Section 3(a) of the Wild and Scenic Rivers Act (16 

25 U.S.C. 1274(a)) is amended by adding at the end the fol26 lowing new paragraph: 


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1 ‘‘(ll) MOUNT HOOD NATIONAL FOREST, OR2 EGON.—The following rivers in the Mount Hood National 

3 Forest in the State of Oregon, to be administered by the 

4 Secretary of Agriculture: 

5 ‘‘(A) The 4.1 miles of the South Fork of the 

6 Clackamas River from its confluence with the East 

7 Fork of the South Fork of the Clackamas to the its 

8 confluence with the Clackamas River, as a scenic 

9 river. 

10 ‘‘(B) The 8.5 miles of Eagle Creek from its 

11 headwaters to the Mount Hood National Forest 

12 boundary, of which— 

13 ‘‘(i) the 6.7-mile segment from its head14 waters to the west section line of section 20, 

15 township 3 south, range 6 east, shall be admin16 istered as a wild river; and 

17 ‘‘(ii) the remaining 1.8-mile segment from 

18 such section line shall be administered as a rec19 reational river. 

20 ‘‘(C) The 3.7 miles of the Middle Fork of the 

21 Hood River from the confluence of Clear and Coe 

22 Branches to the Mount Hood National Forest 

23 boundary in sections 11 and 12 of township 1 south, 

24 ranges 9 and 10 east, as a scenic river. 


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1 ‘‘(D) The 4.6 miles of the South Fork Roaring 

2 River from its headwaters to its confluence with 

3 Roaring River, as a wild river. 

4 ‘‘(E) The 4.3 miles of the Zig Zag River from 

5 its headwaters to the Mount Hood Wilderness 

6 boundary, as a wild river.’’. 

7 SEC. 203. RELATION TO MIDDLE FORK IRRIGATION DIS8 TRICT. 

9 (a) NO IMPACT ON WATER RIGHTS OR FLOW RE10 QUIREMENTS.—The designation of the Middle Fork of the 

11 Hood River as a scenic river by the amendment made by 

12 section 202 is not intended to have any impact on water 

13 rights or flow requirements with regard to the Middle 

14 Fork Irrigation District. 

15 (b) EXCLUSION OF OPERATIONAL AREAS.—The area 

16 of the Middle Fork of the Hood River designated as a sce17 nic river by the amendment made by section 202 does not 

18 include any portion of the operation area of the Middle 

19 Fork Irrigation District. 

20 TITLE III—RECREATION 

21 SEC. 301. FINDINGS AND PURPOSE. 

22 The purpose of this title is to recognize and support 

23 recreation as a dynamic social and economic component 

24 of the legacy and future of the Mount Hood National For25 est. 


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1 SEC. 302. RETENTION OF MOUNT HOOD NATIONAL FOREST 

2 LAND USE FEES FROM SPECIAL USE AUTHOR3 IZATIONS. 

4 (a) SPECIAL ACCOUNT.—The Secretary of the Treas5 ury shall establish a special account in the Treasury for 

6 Mount Hood National Forest. 

7 (b) DEPOSITS.—Except as provided in section 7 of 

8 the Act of April 24, 1950 (commonly known as the Grang9 er-Thye Act; 16 U.S.C. 580d), the National Forest Orga10 nizational Camp Fee Improvement Act of 2003 (title V 

11 of division F of Public Law 108–107; 16 U.S.C. 6231 et 

12 seq.), Public Law 106–206 (commonly known as the Com13 mercial Filming Act; 16 U.S.C. 460l–6d), and the Federal 

14 Lands Recreation Enhancement Act (title VIII of division 

15 J of Public Law 108–477; 16 U.S.C. 6801 et seq.), all 

16 land use fees received after the date which is six months 

17 after the date of the enactment of this Act from special 

18 use authorizations, such as recreation residences, resorts, 

19 winter recreation resorts, communication uses, and linear 

20 rights-of-way, and all other special use types issued with 

21 regard to Mount Hood National Forest shall be deposited 

22 in the special account established under subsection (a). 

23 (c) AVAILABILITY.—Subject to subsection (d), 

24 amounts in the special account established under sub25 section (a) shall remain available, without further appro26 priation and until expended, for expenditure as provided 


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1 in section 303. Upon request of the Secretary of Agri2 culture, the Secretary of the Treasury shall transfer to 

3 the Secretary of Agriculture from the special account such 

4 funds as the Secretary of Agriculture may request. The 

5 Secretary shall accept and use the funds in accordance 

6 with section 303. 

7 (d) TERMINATION OF SPECIAL ACCOUNT.—The spe8 cial account required by subsection (a) shall terminate at 

9 the end of the 10-year period beginning on the date of 

10 the enactment of this Act. Any amounts remaining in the 

11 special account at the end of such period shall be trans12 ferred to the general fund of the Treasury. 

13 SEC. 303. USE OF FUNDS IN SPECIAL ACCOUNT TO SUP14 PORT RECREATION. 

15 (a) AUTHORIZED USES.—The Secretary of Agri16 culture shall use funds received from the special account 

17 under section 302(c) for the following purposes related to 

18 Mount Hood National Forest: 

19 (1) Installation, repair, maintenance, and facil20 ity enhancement related directly to visitor enjoy21 ment, visitor access, and health and safety, such 

22 as— 

23 (A) the improvement and maintenance of 

24 trails, including trails used for hiking, biking, 


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1 snowmobiling, horseback riding, cross-country 

2 skiing, and off-highway vehicles; 

3 (B) water system improvements; and 

4 (C) personal sanitation facilities improve5 ments. 

6 (2) Interpretive programs, visitor information, 

7 visitor services, visitor needs assessments, mapping, 

8 signage, Leave-No-Trace materials, and wilderness 

9 rangers. 

10 (3) Habitat restoration directly related to recre11 ation. 

12 (4) Cooperative environmental restoration 

13 projects with non-Federal partnership groups and 

14 associations, including groups and associations that 

15 work with youth. 

16 (5) Law enforcement and rescue and recovery 

17 efforts related to public use and recreation, such as 

18 law enforcement at recreation events, search and 

19 rescue operations, illegal recreation activities inves20 tigations, and enforcement. 

21 (6) Improving administration of special use au22 thorizations. 

23 (7) Preparation of documents required under 

24 the National Environmental Policy Act of 1969 in 


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1 connection with the improvement or development of 

2 recreational opportunities. 

3 (8) Other projects or partnerships rec4 ommended by the Mount Hood National Forest 

5 Recreation Working Group established by section 

6 305. 

7 (b) ALLOCATION REQUIREMENTS.—Of the total 

8 funds received by the Secretary of Agriculture from the 

9 special account under section 302(c) for a fiscal year, the 

10 Secretary shall allocate the funds as follows: 

11 (1) 95 percent of the funds to Mount Hood Na12 tional Forest. 

13 (2) 5 percent of the funds to the Regional Of14 fice for the Pacific Northwest Region of the Forest 

15 Service to develop needed policy and training to sup16 port programs in wilderness areas, special uses, 

17 trails, developed and dispersed recreation, and inter18 pretation related to Mount Hood National Forest. 

19 SEC. 304. ANNUAL REPORTING REQUIREMENT. 

20 The Secretary of Agriculture shall submit to Con21 gress an annual report specifying— 

22 (1) the total funds received by the Secretary 

23 from the special account under section 302(c) for 

24 the preceding fiscal year; 


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1 (2) how the funds were allocated and expended; 

2 and 

3 (3) the results from such expenditures. 

4 SEC. 305. MOUNT HOOD NATIONAL FOREST RECREATIONAL 

5 WORKING GROUP. 

6 (a) ESTABLISHMENT AND PURPOSE.—The Secretary 

7 of Agriculture shall establish the Mount Hood National 

8 Forest Recreational Working Group for the purpose of 

9 providing advice and recommendations to the Forest Serv10 ice on planning and implementing recreation enhance11 ments in Mount Hood National Forest, including advice 

12 and recommendations regarding how the funds in the spe13 cial account established under section 302 should be re14 quested and expended. 

15 (b) DUTIES.—The Working Group shall— 

16 (1) review projects proposed by the Secretary 

17 for Mount Hood National Forest under section 

18 303(a); 

19 (2) propose projects under section 303(a) to the 

20 Secretary; 

21 (3) recommend the amount of funds from the 

22 special account established under section 302 to be 

23 used to fund projects under section 303; and 

24 (4) provide opportunities for citizens, organiza25 tions, Indian tribes, the Forest Service, and other 


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1 interested parties to participate openly and meaning2 fully, beginning at the early stages of the develop3 ment of projects under section 303(a). 

4 (c) APPOINTMENT.— 

5 (1) APPOINTMENT AND TERM.—The Regional 

6 Forester, acting on behalf of the Secretary of Agri7 culture, shall appoint the members of the Working 

8 Group for a term of three years beginning on the 

9 date of appointment. A member may be reappointed 

10 to subsequent three-year terms. 

11 (2) INITIAL APPOINTMENT.—The Regional For12 ester shall make initial appointments to the Working 

13 Group not later than 180 days after the date of the 

14 enactment of this Act. 

15 (3) VACANCIES.—The Regional Forester shall 

16 make appointments to fill vacancies on the Working 

17 Group as soon as practicable after the vacancy has 

18 occurred. 

19 (4) COMPENSATION.—Members of the Working 

20 Group shall not receive any compensation for their 

21 service on the Working Group. 

22 (5) NOMINATIONS.—The State of Oregon and 

23 county governments for each county directly adja24 cent to or containing any portion of Mount Hood 

25 National Forest may submit a nomination to the ReVerDate Aug 31 2005 05:31 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H5025.RFS H5025

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1 gional Forester for each activity or interest group 

2 category described in subsection (d). 

3 (6) BROAD AND BALANCED REPRESENTA4 TION.—In appointing the members of the Working 

5 Group, the Regional Forester shall provide for a bal6 anced and broad representation from the recreation 

7 community. 

8 (d) COMPOSITION OF WORKING GROUP.—The Work9 ing Group shall be composed of 15 members, selected so 

10 that the following activities and interest groups are rep11 resented: 

12 (1) Summer non-mechanized recreation, such as 

13 hiking. 

14 (2) Winter non-motorized recreation, such as 

15 snowshoeing and backcountry skiing. 

16 (3) Mountain biking. 

17 (4) Hunting and fishing. 

18 (5) Summer motorized recreation, such as off19 highway vehicle use. 

20 (6) Local environmental groups. 

21 (7) Winter motorized recreation, such as 

22 snowmobiling. 

23 (8) Permitted ski areas. 

24 (9) Forest products industry. 

25 (10) Affected Indian tribes. 


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1 (11) Local holder of a recreation residence per2 mit. 

3 (12) Local government interests, such as a 

4 county commissioner or city mayor in an elected po5 sition representing a county or city directly adjacent 

6 or containing any portion of Mount Hood National 

7 Forest. 

8 (13) A resident of Government Camp. 

9 (14) The State of Oregon. 

10 (15) Operators of campground facilities open to 

11 the general public. 

12 (e) CHAIRPERSON.—The chairperson of the Working 

13 Group shall be selected by a majority of the Working 

14 Group. 

15 (f) OTHER WORKING GROUP AUTHORITIES AND RE16 QUIREMENTS.— 

17 (1) STAFF ASSISTANCE.—The Secretary of Ag18 riculture shall provide staff assistance to the Work19 ing Group from Federal employees under the juris20 diction of the Secretary. 

21 (2) MEETINGS.—All meetings of the Working 

22 Group shall be announced at least one week in ad23 vance in a local newspaper of record and shall be 

24 open to the public. 


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1 (3) RECORDS.—The Working Group shall main2 tain records of the meetings of the Working Group 

3 and make the records available for public inspection. 

4 (g) LIMITATION ON ADMINISTRATIVE ASSISTANCE.— 

5 Not more than five percent of the funds allocated under 

6 section 303(b)(1) to Mount Hood National Forest for a 

7 fiscal year may be used to provide administrative assist8 ance to the Working Group during that fiscal year. 

9 (h) FEDERAL ADVISORY COMMITTEE ACT.—The 

10 Federal Advisory Committee Act (5 U.S.C. App.) shall not 

11 apply to the Working Group. 

12 (i) TERMINATION OF WORKING GROUP.—The Work13 ing Group shall terminate at the end of the 10-year period 

14 beginning on the date of the enactment of this Act. 

15 SEC. 306. CONSIDERATION OF CONVERSION OF FOREST 

16 ROADS TO RECREATIONAL USES. 

17 (a) EVALUATION OF CURRENTLY CLOSED ROADS.— 

18 (1) CONSIDERATION FOR RECREATIONAL

19 USE.—The Secretary of Agriculture may make a de20 termination regarding whether the Forest Service 

21 roads in Mount Hood National Forest that were se22 lected before the date of the enactment of this Act 

23 for closure and decommissioning, but have not yet 

24 been decommissioned, should be converted to rec25 reational uses to enhance recreational opportunities 


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1 in the national forest, such as conversion to single2 track trails for mountain bikes and trails for 

3 snowmobiling, off-road vehicle use, horseback riding, 

4 hiking, cross country skiing, and other recreational 

5 uses. 

6 (2) CONSIDERATION OF ENVIRONMENTAL AND

7 ECONOMIC IMPACTS.—In evaluating the feasibility 

8 and suitability of converting Forest Service roads 

9 under this subsection to recreational uses, and the 

10 types of recreational uses to be authorized, the Sec11 retary shall take into account the environmental and 

12 economic impacts of implementing the conversion 

13 and of the resulting recreational uses. 

14 (3) PUBLIC PROCESS.—The consideration and 

15 selection of Forest Service roads under this sub16 section for conversion to recreational uses, and the 

17 types of recreational uses to be authorized, shall be 

18 a public process, including consultation by the Sec19 retary of Agriculture with the Mount Hood National 

20 Forest Recreational Working Group. 

21 (b) FUTURE CLOSURE CONSIDERATIONS.—Whenever 

22 the Secretary of Agriculture considers a Forest Service 

23 road in Mount Hood National Forest for possible closure 

24 and decommissioning after the date of the enactment of 

25 this Act, the Secretary shall include, as an alternative to 


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1 decommissioning the road, consideration of converting the 

2 road to recreational uses to enhance recreational opportu3 nities in the Mount Hood National Forest. 

4 SEC. 307. IMPROVED TRAIL ACCESS FOR PERSONS WITH 

5 DISABILITIES. 

6 (a) CONSTRUCTION OF TRAIL.—The Secretary of Ag7 riculture may enter into a contract with a partner organi8 zation or other person to design and construct a trail at 

9 a location selected by the Secretary in Mount Hood Na10 tional Forest suitable for use by persons with disabilities. 

11 (b) PUBLIC PROCESS.—The selection of the trail lo12 cation under subsection (a) and the preparation of the de13 sign of the trail shall be a public process, including con14 sultation by the Secretary of Agriculture with the Mount 

15 Hood National Forest Recreational Working Group. 

16 (c) FUNDING.—The Secretary of Agriculture may use 

17 funds in the special account established under section 302 

18 to carry out this section. 

19 TITLE IV—TRANSPORTATION 

20 SEC. 401. FINDINGS AND PURPOSE. 

21 The purpose of this title is to support the develop22 ment of an integrated, multi-modal transportation plan for 

23 the Mount Hood region designed to achieve comprehensive 

24 solutions to transportation challenges in the region necVerDate Aug 31 2005 05:31 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H5025.RFS H5025

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1 essary to promote appropriate economic development, pre2 serve landscapes, and enhance public safety. 

3 SEC. 402. MOUNT HOOD REGION DEFINED. 

4 In this title, the term ‘‘Mount Hood region’’ means 

5 Mount Hood and the other areas immediately surrounding 

6 the mountain, as well as the Highway 26 and Highway 

7 35 corridors in and near Mount Hood National Forest, 

8 other State, county, and Forest Service roads in and near 

9 the national forest, and the gateway communities along 

10 these corridors and roads. 

11 SEC. 403. TRANSPORTATION PLAN. 

12 (a) FOREST SERVICE PARTICIPATION.—The Sec13 retary of Agriculture is authorized and directed to work 

14 with the State of Oregon to develop an integrated, multi15 modal transportation plan for the Mount Hood region. 

16 (b) PLANNING PROCESS.—The transportation plan 

17 shall conform with Federal and Oregon transportation 

18 planning requirements and be the product of a collabo19 rative process, preferably through the use of a commission 

20 composed of interested persons appointed by the State, 

21 with representation from the Forest Service and local gov22 ernments in the Mount Hood region. 

23 (c) SCOPE OF PLAN.—The transportation plan shall 

24 address both— 


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1 (1) transportation of people to and from areas 

2 outside the Mount Hood region on major corridors 

3 traversing the region; and 

4 (2) transportation of people from place to place 

5 within the Mount Hood region. 

6 (d) SPECIFIC ELEMENTS OF PLAN.—At a minimum, 

7 the transportation plan shall consider the following: 

8 (1) Transportation alternatives between and 

9 among recreation areas and gateway communities 

10 within the Mount Hood region. 

11 (2) Park and ride facilities at gateway commu12 nities. 

13 (3) Intermodal transportation centers to link 

14 public transportation, parking, and recreation des15 tinations. 

16 (4) A new interchange on Highway 26 in or 

17 near Government Camp. 

18 (5) Designation, maintenance, and improve19 ments of alternative routes utilizing Forest Service 

20 and or State roads for emergency routes or improved 

21 access to, and travel within, the Mount Hood region. 

22 (6) Reconstruction of Highway 35 from Mineral 

23 Creek to Baseline Road to address ongoing debris 

24 flow locations. 


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1 (7) Mechanisms for funding implementation of 

2 the plan, including Federal grants or appropriations, 

3 public-private partnerships, incremental tax financ4 ing, and other financing tools that link transpor5 tation infrastructure improvements with develop6 ment. 

7 (e) COMPLETION.—The transportation plan shall be 

8 completed within two years after the date on which funds 

9 are first made available under subsection (f) for the plan. 

10 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Secretary of Agri12 culture $2,000,000, which the Secretary shall provide to 

13 the State of Oregon for the preparation of the transpor14 tation plan for the Mount Hood region. 

15 SEC. 404. STUDY REGARDING GONDOLA CONNECTION AND 

16 INTERMODAL TRANSPORTATION CENTER. 

17 (a) STUDY AUTHORIZED.—The Secretary of Agri18 culture shall conduct a study of the feasibility of estab19 lishing— 

20 (1) a gondola connection between Timberline 

21 Lodge and Government Camp, Oregon, in the vicin22 ity of the historic gondola corridor; and 

23 (2) an intermodal transportation center in or 

24 near Government Camp. 


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1 (b) CONSIDERATION OF SITES.—In conducting the 

2 study under this section, the Secretary may include con3 sideration of one or more possible sites for the gondola 

4 connection and intermodal transportation center. 

5 TITLE V—FOREST AND 

6 WATERSHED STEWARDSHIP 

7 SEC. 501. FINDINGS AND PURPOSE. 

8 The purpose of this title is to direct the Forest Serv9 ice to prepare an assessment to promote forested land10 scapes resilient to catastrophic fire, insects, and disease, 

11 to protect homes and communities from property damage 

12 and threats to public safety, and to protect and enhance 

13 existing community or municipal watersheds. It is the in14 tent of Congress that site-specific forest health projects 

15 undertaken pursuant to this assessment shall be com16 pleted in accordance with existing law. 

17 SEC. 502. FOREST STEWARDSHIP ASSESSMENT. 

18 (a) PREPARATION OF ASSESSMENT.—The Secretary 

19 of Agriculture shall prepare an assessment to identify the 

20 forest health needs in those areas of the Mount Hood Na21 tional Forest with a high incidence of insect or disease 

22 infestation (or both), heavily overstocked tree stands, or 

23 moderate-to-high risk of unnatural catastrophic wildfire 

24 for the purpose of improving condition class, which signifi25 cantly improves the forest health and water quality. The 


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1 Secretary may utilize existing information to complete the 

2 assessment. The assessment shall also identify specific 

3 projects to address these issues. 

4 (b) IMPROVED MAPPING.—The assessment may in5 clude improved mapping of condition class 2 and condition 

6 class 3 areas and other areas identified in subsection (a) 

7 in Mount Hood National Forest. 

8 (c) COMPLETION.—The Secretary of Agriculture 

9 shall complete the assessment not later than one year after 

10 the date of the enactment of this Act. 

11 (d) DURATION OF STUDY.—The assessment shall 

12 cover a 10-year period. 

13 (e) IMPLEMENTATION.—Not later than one year after 

14 completion of the assessment, the Secretary shall com15 mence implementation of projects to address the needs 

16 identified in the assessment. These projects shall be imple17 mented using authorities available to the Secretary to 

18 manage the Mount Hood National Forest to achieve the 

19 purpose specified in subsection (a). 

20 (f) DELAY.—During development of the assessment 

21 under this section, a forest management project that is 

22 unaffiliated with the assessment and has completed review 

23 as required under the National Environmental Policy Act 

24 of 1969 (42 U.S.C. 4321) in accordance with existing law, 


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1 need not be delayed in the event the Secretary fails to 

2 meet the deadline specified in subsection (c). 

3 (g) RELATION TO EXISTING LAW AND PLANS.— 

4 Nothing in this section grants the Secretary any authority 

5 to manage the Mount Hood National Forest contrary to 

6 existing law. The assessment conducted by the Secretary 

7 under this section shall not supersede, be considered a 

8 supplement or amendment to, or in any way affect the 

9 legal or regulatory authority of the Mount Hood National 

10 Forest Land and Resource Management Plan or the col11 lection of documents entitled ‘‘Final Supplemental Envi12 ronmental Impact Statement and Record of Decision for 

13 Amendments to Forest Service and Bureau of Land Man14 agement Planning Documents within the Range of the 

15 Northern Spotted Owl’’ and ‘‘Standards and Guidelines 

16 for Management of Habitat for Late-Successional and 

17 Old-Growth Forest Related Species Within the Range of 

18 the Northern Spotted Owl’’. 

19 (h) PUBLIC PARTICIPATION.—The Secretary shall 

20 provide an opportunity for interested persons to be in21 volved in development of the assessment conducted by the 

22 Secretary under this section. 

23 SEC. 503. SUSTAINABLE BIOMASS UTILIZATION STUDY. 

24 (a) STUDY REQUIRED.—The Secretary of Agriculture 

25 shall conduct a study to assess the amount of long-term 


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1 sustainable biomass available in the Mount Hood National 

2 Forest that, consistent with applicable law, could be made 

3 available as a raw material for— 

4 (1) the production of electric energy, sensible 

5 heat, transportation fuel, or substitutes for petro6 leum-based products; 

7 (2) dimensional lumber, fencing, framing mate8 rial, poles, firewood, furniture, chips, pulp for paper; 

9 or 

10 (3) other commercial purposes. 

11 (b) BIOMASS DEFINED.—In this section, the term 

12 ‘‘biomass’’ means small diameter trees and understory 

13 vegetation that is removed from forested land as a by14 product of forest restoration efforts. 

15 SEC. 504. WATERSHED MANAGEMENT MEMORANDA OF UN16 DERSTANDING. 

17 (a) COMPLETION OF MEMORANDA OF UNDER18 STANDING.—To the extent that memoranda of under19 standing or other legal agreements involving watersheds 

20 of Mount Hood National Forest do not exist between irri21 gation districts or municipalities and the Forest Service, 

22 the Secretary of Agriculture may complete memoranda of 

23 understanding that outline stewardship goals to manage 

24 the watersheds for water quality and water quantity. 


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1 (b) ELEMENTS OF MEMORANDUM.—A memorandum 

2 of understanding involving a watershed of Mount Hood 

3 National Forest shall encourage adaptability, establish 

4 benchmarks regarding water quality and water quantity, 

5 and require monitoring to determine progress in meeting 

6 such benchmarks. The memorandum of understanding 

7 may restrict public access to areas of the watershed where 

8 appropriate. 

9 (c) PUBLIC PROCESS REQUIRED.— 

10 (1) COLLABORATION AND CONSULTATION.— 

11 The Secretary of Agriculture shall ensure that the 

12 process by which the Secretary enters into a memo13 randum of understanding with an irrigation district, 

14 local government, or other entity involving a water15 shed of Mount Hood National Forest is based on 

16 collaboration and cooperation between the Forest 

17 Service and local jurisdictions and other interested 

18 persons. 

19 (2) PUBLIC MEETING REQUIRED.—The Sec20 retary and the other party or parties to the proposed 

21 memorandum of understanding shall hold at least 

22 one joint public meeting before completing a final 

23 draft of the memorandum of understanding. 


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1 (3) PUBLIC COMMENT.—A draft memorandum 

2 of understanding also shall be open to public com3 ment before being finalized. 

4 TITLE VI—CRYSTAL SPRINGS 

5 WATERSHED SPECIAL RE6 SOURCES MANAGEMENT UNIT 

7 SEC. 601. FINDINGS AND PURPOSE. 

8 The purpose of this title is to establish a special re9 sources management unit to ensure protection of the qual10 ity and quantity of the Crystal Springs watershed as a 

11 clean drinking water source for the residents of Hood 

12 River County, Oregon, while also allowing visitors to enjoy 

13 its special scenic, natural, cultural, and wildlife values. 

14 SEC. 602. ESTABLISHMENT OF CRYSTAL SPRINGS WATER15 SHED SPECIAL RESOURCES MANAGEMENT 

16 UNIT. 

17 (a) ESTABLISHMENT.—Effective as provided by sec18 tion 605, the Secretary of Agriculture shall establish a 

19 special resources management unit in the State of Oregon 

20 consisting of all National Forest System land that is lo21 cated within 200 yards from any point on the perimeter 

22 of the Crystal Springs Zone of Contribution, as deter23 mined by the Crystal Springs Water District, and other 

24 National Forest System land in and around the Inn at 

25 Cooper Spur and the Cooper Spur Ski Area, as depicted 


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1 on the map entitled ‘‘Crystal Springs Watershed Special 

2 Resources Management Unit’’ and dated June 2006 in 

3 this subtitle referred to as the ‘‘official map’’). 

4 (b) DESIGNATION.—The special resources manage5 ment unit established pursuant to subsection (a) shall be 

6 known as the Crystal Springs Watershed Special Re7 sources Management Unit, in this title referred to as the 

8 ‘‘Management Unit’’. 

9 (c) EXCLUSION OF CERTAIN LAND.—The Manage10 ment Unit does not include any National Forest System 

11 land otherwise covered by subsection (a) that is designated 

12 as wilderness by title I. 

13 (d) WITHDRAWAL.—Subject to valid existing rights, 

14 National Forest System land included in the Management 

15 Unit are permanently withdrawn from all forms of appro16 priation under the public land laws, including the mining 

17 laws and mineral and geothermal leasing laws. 

18 (e) MAPS AND LEGAL DESCRIPTION.— 

19 (1) SUBMISSION OF LEGAL DESCRIPTIONS.—As 

20 soon as practicable after the effective date specified 

21 in section 605, the Secretary shall prepare and sub22 mit to Congress a legal description of the Manage23 ment Unit. 

24 (2) FORCE OF LAW.—The map referred to in 

25 subsection (a) and the legal descriptions prepared 


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1 under paragraph (1) shall have the same force and 

2 effect as if included in this Act, except that the Sec3 retary may correct technical errors in the map and 

4 legal descriptions. The map of the Crystal Springs 

5 Zone of Contribution is incorporated in this Act to 

6 delineate the boundaries of the Management Unit, 

7 and the delineation of these boundaries is not in8 tended to affect the specific uses that may occur on 

9 private land within the boundaries of the Manage10 ment Unit. 

11 (3) PUBLIC AVAILABILITY.—The map referred 

12 to in subsection (a) and the legal descriptions pre13 pared under paragraph (1) shall be filed and made 

14 available for public inspection in the appropriate of15 fices of the Forest Service. 

16 SEC. 603. ADMINISTRATION OF MANAGEMENT UNIT. 

17 (a) GENERAL APPLICABILITY OF EXISTING LAWS.— 

18 Except as provided in this title, all other laws and regula19 tions affecting National Forest System lands shall con20 tinue to apply to the National Forest System lands in21 cluded in the Management Unit. 

22 (b) AUTHORIZED ACTIVITIES.— 

23 (1) PROCESS FOR ALLOWING ACTIVITIES.— 

24 Only activities described in this subsection may 

25 occur in the Management Unit, and the Secretary of 


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1 Agriculture may permit an activity described in this 

2 subsection to occur in the Management Unit only 

3 after the Secretary— 

4 (A) obtains the review and opinions of the 

5 Crystal Springs Water District regarding the 

6 effect of the activity on the purposes of the 

7 Management Unit; 

8 (B) complies with all applicable Federal 

9 law regarding development and implementation 

10 of the activity; and 

11 (C) when appropriate, provides to the gen12 eral public advance notice of the activity, an op13 portunity to comment on the activity, and ap14 peal rights regarding the activity. 

15 (2) RECREATION.—The Secretary may— 

16 (A) continue to maintain recreational op17 portunities and trails, in existence in the Man18 agement Unit as of the effective date specified 

19 in section 605, within their existing and historic 

20 footprints or at an alternative location; and 

21 (B) develop new foot paths or cross-county 

22 skiing trails in the Management Unit. 

23 (3) LEASE OF CERTAIN IMPROVEMENTS.—The 

24 Secretary may lease improvements and facilities, in 

25 existence in the Management Unit as of the effective 


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1 date specified in section 605, within their existing 

2 and designated footprints to one or more conces3 sionaires. 

4 (4) ROAD MAINTENANCE.—Subject to sub5 section (d), the Secretary may maintain National 

6 Forest System roads, in existence in the Manage7 ment Unit as of the effective date specified in sec8 tion 605 or as directed by the management plan re9 quired by subsection (d). Maintenance may include 

10 the installation of culverts and drainage improve11 ments and other similar activities. 

12 (5) FUEL REDUCTION IN PROXIMITY TO IM13 PROVEMENTS AND PRIMARY PUBLIC ROADS.—The 

14 Secretary may permit fuel reduction on National 

15 Forest System land in the Management Unit— 

16 (A) extending up to 400 feet from struc17 tures on National Forest System land or struc18 tures on adjacent private land; and 

19 (B) extending up to 400 feet from the Coo20 per Spur Road, the Cloud Cap Road, and the 

21 Cooper Spur ski area loop road. 

22 (6) OTHER FUEL REDUCTION AND FOREST

23 HEALTH ACTIVITIES.—The Secretary may conduct 

24 fuel reduction and forest health management activi25 ties in the Management Unit, with priority given to 


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1 activities that restore previously harvested stands, 

2 including the removal of logging slash, smaller di3 ameter material, and ladder fuels. The purpose of 

4 any fire risk reduction or forest health management 

5 activity conducted in the Management Unit shall be 

6 the maintenance and restoration of fire-resilient for7 est structures containing multi-storied canopies 

8 (where ecologically appropriate) and the protection 

9 of water quality, water quantity, scenic, cultural nat10 ural and wildlife values. 

11 (c) SPECIFICALLY PROHIBITED ACTIVITIES.—The 

12 following activities may not occur on National Forest Sys13 tem land in the Management Unit, whether separately or, 

14 except as provided in paragraph (2), as part of an activity 

15 authorized by subsection (b): 

16 (1) New road construction or renovation of ex17 isting non-System roads. 

18 (2) Projects undertaken for the purpose of har19 vesting commercial timber. The harvest of merchant20 able products that are a by-product of activities con21 ducted pursuant to subsection (b)(6) and carried out 

22 pursuant to a stewardship contract are not prohib23 ited by this subsection 

24 (3) Commercial livestock grazing. 


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1 (4) The placement or maintenance of fuel stor2 age tanks. 

3 (5) The application of any toxic chemicals, in4 cluding pesticides, rodenticides, herbicides, or 

5 retardants, for any purpose, except with the consent 

6 of the Crystal Springs Water District. 

7 (d) MANAGEMENT PLAN.— 

8 (1) PLAN REQUIRED.—Within nine months 

9 after the effective date specified in section 605, the 

10 Secretary of Agriculture shall adopt a management 

11 plan for the Management Unit that, while providing 

12 for the limited activities specifically authorized by 

13 subsection (b), protects the watershed from illegal 

14 dumping, human waste, fires, vandalism and other 

15 risks to water quality. 

16 (2) CONSULTATION AND PUBLIC PARTICIPA17 TION.—The Secretary shall prepare the management 

18 plan in consultation with the Crystal Springs Water 

19 District, the Cooper Spur Wild and Free Coalition, 

20 and Hood River County and provide for public par21 ticipation as described in subsection (b)(1)(C). 

22 (e) FOREST ROAD CLOSURES.—As part of the man23 agement plan required by subsection (d), the Secretary of 

24 Agriculture may provide for the closure or gating to the 

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1 agement Unit, except for the road commonly known as 

2 Cloud Cap Road. 

3 (f) PRIVATE LAND.—Nothing in this section affects 

4 the use of, or access to, any private property within the 

5 Crystal Springs Zone of Contribution by the owners of the 

6 private property and their guests. The Secretary is encour7 aged to work with interested private landowners who have 

8 voluntarily agreed to cooperate with the Secretary to fur9 ther the purposes of this title. 

10 (g) RELATIONSHIP WITH WATER DISTRICT.—Except 

11 as provided in this section, the Crystal Springs Water Dis12 trict has no authorities over management or use of Na13 tional Forest System land included in the Management 

14 Unit. 

15 SEC. 604. ACQUISITION OF LANDS. 

16 (a) ACQUISITION AUTHORITY.—The Secretary of Ag17 riculture may acquire from willing landowners any lands 

18 located in the Crystal Springs Zone of Contribution within 

19 the boundaries of Mount Hood National Forest. Lands so 

20 acquired shall automatically be added to the Management 

21 Unit. 

22 (b) PROHIBITION ON SUBSEQUENT CONVEYANCE.— 

23 The Secretary may not sell, trade, or otherwise transfer 

24 ownership of any land within the Management Unit, in25 cluding any of the land acquired under subsection (a) or 


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1 received by the Secretary as part of the Cooper Spur-Gov2 ernment Camp land exchange authorized by subtitle A of 

3 title VIII and included within the Management Unit, to 

4 any person. 

5 SEC. 605. EFFECTIVE DATE. 

6 The Secretary of Agriculture shall establish the Man7 agement Unit as soon as practicable after the final closing 

8 of the Cooper Spur-Government Camp land exchange au9 thorized by subtitle A of title VIII, but in no case later 

10 than 30 days after the date of the final closing of such 

11 land exchange. The Management Unit may not be estab12 lished before final closing of the land exchange. 

13 TITLE VII—LOCAL AND TRIBAL 

14 RELATIONSHIPS 

15 SEC. 701. FINDINGS AND PURPOSE. 

16 The purpose of this title is to recognize and support 

17 the ability of Native Americans to continue to gather first 

18 foods in the Mount Hood National Forest using tradi19 tional methods and the central role of the State of Oregon 

20 and local governments in managing for issues dealing with 

21 natural and developed environments in the vicinity of the 

22 national forest. 

23 SEC. 702. FIRST FOODS GATHERING AREAS. 

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1 ority-use areas in Mount Hood National Forest for the 

2 gathering of first foods by members of Indian tribes with 

3 treaty-reserved gathering rights on lands encompassed by 

4 the national forest. The priority-use areas shall be identi5 fied, established, developed, and managed in a manner 

6 consistent with the memorandum of understanding en7 tered into between the Department of Agriculture, the Bu8 reau of Land Management, the Bureau of Indian Affairs, 

9 and the Confederated Tribes of the Warm Springs Res10 ervation of Oregon (in this section referred to as the 

11 ‘‘Warm Springs Tribe’’) and dated April 23, 2003, and 

12 such further agreements as are necessary between the Sec13 retary of Agriculture and the Warm Springs Tribe to 

14 carry out the purposes of this section. 

15 (b) PRIORITY USE.—Members of Indian tribes with 

16 treaty-reserved gathering rights on lands encompassed by 

17 Mount Hood National Forest shall have exclusive rights 

18 to gather first foods in the priority-use areas established 

19 pursuant to subsection (a). 

20 (c) APPLICABLE LAW.—In considering and selecting 

21 National Forest System land for inclusion in a priority22 use area under subsection (a), the Secretary of Agriculture 

23 shall comply with the land and resource management plan 

24 for Mount Hood National Forest and applicable laws. 


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1 (d) FIRST FOODS DEFINED.—In this section, the 

2 term ‘‘first foods’’ means roots, berries, and plants on Na3 tional Forest System land in Mount Hood National Forest 

4 that have been gathered for traditional and cultural pur5 poses by members of Indian tribes with treaty-reserved 

6 gathering rights on lands encompassed by Mount Hood 

7 National Forest. 

8 SEC. 703. FOREST SERVICE COORDINATION WITH STATE 

9 AND LOCAL GOVERNMENTS. 

10 Congress encourages the Secretary of Agriculture to 

11 cooperate with the State of Oregon, local communities, 

12 counties, and Indian tribes in the vicinity of Mount Hood 

13 National Forest, and the heads of other Federal agencies 

14 to identify common ground, coordinate planning efforts 

15 around the national forest, and make the Federal Govern16 ment a better partner in building cooperative and lasting 

17 solutions for management of Mount Hood National Forest 

18 and non-Federal land in the vicinity of the national forest. 

19 SEC. 704. SAVINGS PROVISIONS REGARDING RELATIONS 

20 WITH INDIAN TRIBES. 

21 (a) TREATY RIGHTS.—Nothing in this Act is in22 tended to alter, modify, enlarge, diminish, or extinguish 

23 the treaty rights of any Indian tribe, including the off24 reservation reserved rights established by the Treaty of 

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1 egon (12 Stat. 963). Section 702 is consistent with and 

2 intended to implement the gathering rights reserved by 

3 such treaty. 

4 (b) TRIBAL LANDS.—Nothing in this Act is intended 

5 to affect lands held in trust by the Secretary of the Inte6 rior for Indian tribes or individual members of Indian 

7 tribes or other lands acquired by the Army Corps of Engi8 neers and administered by the Secretary of the Interior 

9 for the benefit of Indian tribes and individual members 

10 of Indian tribes. 

11 (c) HUNTING AND FISHING.—Nothing in this Act is 

12 intended to affect the laws, rules, and regulations per13 taining to hunting and fishing under existing State and 

14 Federal laws and Indian treaties. 

15 SEC. 705. IMPROVED NATURAL DISASTER PREPAREDNESS. 

16 (a) IMPOSITION OF STANDARDS.—New development 

17 occurring on land conveyed by the Secretary of Agriculture 

18 under title VIII or undertaken or otherwise permitted by 

19 the Secretary of Agriculture on National Forest System 

20 land in Mount Hood National Forest after the date of the 

21 enactment of this Act shall be constructed or altered in 

22 compliance with one of the nationally recognized model 

23 building codes or wildland-urban interface codes and with 

24 other applicable nationally recognized codes. 


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1 (b) INCLUSION OF STANDARDS IN LAND CONVEY2 ANCES.—In the case of each of the land conveyances de3 scribed in title VIII, the Secretary shall impose the re4 quirements of subsection (a) as a condition on the convey5 ance of the Federal land under the conveyance. 

6 (c) EFFECT ON STATE AND LOCAL LAW.—To the 

7 maximum extent feasible, the codes imposed pursuant to 

8 subsection (a) shall be consistent with the nationally rec9 ognized codes adopted by the State of Oregon or political 

10 subdivisions of the State. This section shall not be con11 strued to limit the power of the State of Oregon or a polit12 ical subdivision of the State to implement or enforce any 

13 law, rule, regulation, or standard concerning fire preven14 tion and control. 

15 (d) ENFORCEMENT.—The codes imposed pursuant to 

16 subsection (a) may be enforced by the same entities other17 wise enforcing building codes regarding new development 

18 occurring on land conveyed by the Secretary of Agriculture 

19 under title VIII. 


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1 TITLE VIII—LAND 

2 CONVEYANCES 

3 Subtitle A—Cooper Spur4 Government Camp Land Exchange 

5 SEC. 801. FINDINGS AND PURPOSE. 

6 The purpose of this subtitle is to recognize the years 

7 of work by local residents and political and business lead8 ers from throughout the States of Oregon and Washington 

9 to protect the north side of Mount Hood and bring to cul10 mination the land exchange authorized by section 802. 

11 Congress finds that numerous public hearings have been 

12 held where broad public support has been voiced for the 

13 protection of Mount Hood and the consummation of the 

14 land exchange. 

15 SEC. 802. COOPER SPUR-GOVERNMENT CAMP LAND EX16 CHANGE. 

17 (a) CONVEYANCE REQUIRED.—The Secretary of Ag18 riculture shall convey to Mt. Hood Meadows Oregon, Lim19 ited Partnership (in this subtitle referred to as ‘‘Mt. Hood 

20 Meadows’’), all right, title, and interest of the United 

21 States in and to— 

22 (1) a parcel of National Forest System land in 

23 Mount Hood National Forest consisting of approxi24 mately 80 acres in Government Camp, Clackamas 

25 County, Oregon, as depicted on the map entitled 


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1 ‘‘Cooper Spur-Government Camp Land Exchange’’ 

2 and dated June 2006 (in this subtitle referred to as 

3 the ‘‘official map’’); and 

4 (2) a parcel of National Forest System land in 

5 Mount Hood National Forest consisting of approxi6 mately 40 acres in Government Camp, as depicted 

7 on the official map. 

8 (b) CONSIDERATION.—As consideration for the con9 veyance under subsection (a), Mt. Hood Meadows, Mead10 ows North, LLC, and North Face Inn, LLC, shall convey 

11 to the United States all right, title, and interest of these 

12 entities in and to— 

13 (1) a parcel of private land consisting of ap14 proximately 770 acres at Cooper Spur, as depicted 

15 on the official map; 

16 (2) all buildings, furniture, fixtures, and equip17 ment at the Inn at Cooper Spur covered by the ap18 praisal described in subsection (c)(1); 

19 (3) the 1,350 acre special use permit for the 

20 Cooper Spur Ski Area, as depicted on the official 

21 map; and 

22 (4) all buildings, furniture, fixtures, and equip23 ment at the Cooper Spur Ski Area covered by the 

24 appraisal described in subsection (c)(1). 

25 (c) APPRAISED VALUES OF CONVEYED PROPERTY.— 


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1 (1) USE OF AGREED UPON APPRAISAL.—For 

2 purposes of the land exchange authorized by this 

3 subtitle, the values of the land and other property to 

4 be conveyed under subsections (a) and (b) are de5 rived from appraisals performed in 2005 by Steve A. 

6 Hall, MAI, CCIM, Oregon State Certified General 

7 Appraiser. The appraisals were performed in compli8 ance with the Uniform Standards of Professional 

9 Appraisal Practice and the Uniform Appraisal 

10 Standards for Federal Land Acquisitions 2000 and 

11 have been reviewed and approved by the parties to 

12 the settlement agreement. 

13 (2) APPRAISED VALUES.— 

14 (A) FEDERAL LAND.—The appraised value 

15 of the land to be conveyed by the Secretary of 

16 Agriculture under subsection (a) is $3,810,000. 

17 (B) PRIVATE LAND AND PROPERTY.—The 

18 appraised value of the land and other property 

19 to be conveyed by Mt. Hood Meadows, Meadows 

20 North, LLC, and North Face Inn, LLC, under 

21 subsection (b) is $5,535,000. 

22 (3) TREATMENT OF EXCESS CONSIDERATION.— 

23 The amount by which the appraised value of the 

24 land and other property conveyed by Mt. Hood 

25 Meadows, Meadows North, LLC, and North Face 


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1 Inn, LLC, under subsection (b) exceeds the ap2 praised value of the land conveyed by the Secretary 

3 under subsection (a), $1,725,000, represents a dona4 tion to the United States. 

5 (d) COMPLETION OF LAND EXCHANGE.—The Sec6 retary of Agriculture shall complete all legal and regu7 latory processes required in connection with the convey8 ances under this section and complete the closing of the 

9 conveyances within eight months after the date of the en10 actment of this Act. 

11 (e) RECONVEYANCE OF LAND AND IMPROVE12 MENTS.— 

13 (1) PROHIBITION ON RECONVEYANCE OF

14 LAND.—The Secretary of Agriculture may not re15 convey any of the land (as opposed to improvements 

16 thereon) acquired by the United States under sub17 section (b). 

18 (2) LIMITATION ON RECONVEYANCE OF IM19 PROVEMENTS.—Any subsequent sale or lease of im20 provements acquired under subsection (b) may not 

21 be made to Mt. Hood Meadows, or any successor 

22 thereof. 

23 (f) EXISTING RIGHTS.—The conveyance of Federal 

24 land under this section shall be subject to valid existing 

25 rights of third parties. In the alternative, the Secretary 


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1 of Agriculture may grant substitute permit rights of equiv2 alent utility to use other Federal land. 

3 SEC. 803. TREATMENT OF INN AT COOPER SPUR AND THE 

4 COOPER SPUR SKI AREA. 

5 (a) SOLICITATION OF NEW CONCESSIONAIRE.—Not 

6 later than 60 days after the date of the final closing of 

7 the land exchange under section 802, the Secretary of Ag8 riculture shall prepare and publish a proposed prospectus 

9 in order to solicit a new concessionaire for the Inn at Coo10 per Spur and the Cooper Spur Ski Area within the new 

11 configuration of these establishments, as depicted on the 

12 official map. 

13 (b) COMPETITIVE PROCESS.—Prospective conces14 sionaires shall be able to bid competitively for the right 

15 to operate either the Inn at Cooper Spur or the Cooper 

16 Spur Ski Area (or both together) in an open process that 

17 considers all values, not just the highest dollar value. 

18 (c) CONSULTATION.—The Secretary of Agriculture 

19 shall consult with Mt. Hood Meadows, Meadows North, 

20 LLC, and North Face Inn, LLC, the Hood River Valley 

21 Residents Committee, the Cooper Spur Wild and Free Co22 alition, and the Hood River County Commission in select23 ing a new concessionaire for the Inn at Cooper Spur and 

24 the Cooper Spur Ski Area and to prepare for the orderly 

25 and smooth transition of the operation of the Inn at CooVerDate Aug 31 2005 05:31 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H5025.RFS H5025

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1 per Spur and the Cooper Spur Ski Area to the new conces2 sionaire. 

3 (d) TREATMENT OF PROCEEDS.—All funds received 

4 pursuant to a concession contract under this section shall 

5 be deposited in the fund established by Public Law 90– 

6 171 (16 U.S.C. 484a; commonly known as the Sisk Act) 

7 and shall remain available to the Secretary of Agriculture 

8 until expended, without further appropriation, for use in 

9 Mount Hood National Forest, with priority given to the 

10 Hood River Ranger District for restoration projects on the 

11 North side of Mount Hood. 

12 (e) ALTERNATIVE CONVEYANCE AND SPECIAL USE

13 PERMIT.—If the Secretary of Agriculture has not selected 

14 a concessionaire for the Inn at Cooper Spur and the Coo15 per Spur Ski Area by the end of the one-year period begin16 ning on the date of the publication of the prospectus under 

17 subsection (a), the Secretary may convey, without consid18 eration, the improvements acquired under paragraphs (2) 

19 and (4) of section 802(b) only to Hood River County, Or20 egon. If the Secretary conveys improvements to Hood 

21 River County pursuant to this subsection, the Secretary 

22 shall issue a special use permit that would allow reason23 able access to and management of the improvements 

24 under terms similar to the Cooper Spur Ski Area Special 

25 Use Permit. 


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1 SEC. 804. GENERAL PROVISIONS. 

2 (a) APPLICABLE LAW.—Except as otherwise provided 

3 in this subtitle, the exchange of Federal land under section 

4 802 is subject to the existing laws and regulations applica5 ble to the conveyance and acquisition of land under the 

6 jurisdiction of the Forest Service. It is anticipated that 

7 the Secretary of Agriculture will be able to carry out the 

8 land exchange without the promulgation of additional reg9 ulations. 

10 (b) CONDITIONS ON ACCEPTANCE.—Title to the non11 Federal land to be acquired by the Secretary of Agri12 culture under section 802 must be acceptable to the Sec13 retary, and the conveyances shall be subject to valid exist14 ing rights of record. The non-Federal land shall conform 

15 with the title approval standards applicable to Federal 

16 land acquisitions. 

17 (c) LEGAL DESCRIPTIONS.—The exact acreage and 

18 legal description of the land to be exchanged under section 

19 802 shall be determined by surveys satisfactory to the Sec20 retary of Agriculture. The costs of any such survey, as 

21 well as other administrative costs incurred to execute the 

22 land exchange, shall be borne by the Secretary. 


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1 Subtitle B—Other Land Exchanges 

2 SEC. 811. LAND EXCHANGE, PORT OF CASCADE LOCKS-PA3 CIFIC CREST NATIONAL SCENIC TRAIL. 

4 (a) CONVEYANCE REQUIRED.—The Secretary of Ag5 riculture shall convey to the Port of Cascade Locks, Cas6 cade Locks, Oregon (in this section referred to as the 

7 ‘‘Port’’), all right, title, and interest of the United States 

8 in and to a parcel of National Forest System land in the 

9 Columbia River Gorge National Scenic Area consisting of 

10 approximately 10 acres, as depicted on the map entitled 

11 ‘‘Port of Cascade Locks-Pacific Crest National Scenic 

12 Trail Land Exchange’’ and dated June 2006. 

13 (b) CONSIDERATION.—As consideration for the con14 veyance under subsection (a), the Port shall convey to the 

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

16 and to a parcel of land consisting of approximately 40 

17 acres, as depicted on the map referred to in subsection 

18 (a). The acquisition of this land will ensure the continued 

19 integrity of the Pacific Crest National Scenic Trail in the 

20 vicinity of Cascade Locks and the public’s ability to access 

21 the north Oregon entrance of the trail. 

22 (c) EQUAL VALUE EXCHANGE.—The values of the 

23 land to be exchanged under this section shall be deter24 mined pursuant to an appraisal acceptable to the Sec25 retary of Agriculture and the Port. If the values are not 


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1 equal, they shall be equalized in the manner provided in 

2 section 206(b) of the Federal Land Policy and Manage3 ment Act of 1976 (43 U.S.C. 1716(b)). 

4 (d) COMPLIANCE WITH EXISTING LAW.—Except as 

5 otherwise provided in this section, the Secretary shall 

6 carry out the land exchange under this section in the man7 ner provided in section 206 of the Federal Land Policy 

8 Management Act of 1976 (43 U.S.C. 1716). 

9 (e) CONDITIONS ON ACCEPTANCE.—Title to the non10 Federal land to be acquired by the Secretary of Agri11 culture under this section must be acceptable to the Sec12 retary, and the conveyances shall be subject to valid exist13 ing rights of record. The non-Federal land shall conform 

14 with the title approval standards applicable to Federal 

15 land acquisitions. 

16 (f) LEGAL DESCRIPTIONS.—The exact acreage and 

17 legal description of the land to be exchanged under this 

18 section shall be determined by surveys satisfactory to the 

19 Secretary of Agriculture. The costs of such survey, as well 

20 as other administrative costs incurred to execute the land 

21 exchange, shall be negotiated between the Secretary and 

22 the Port. 

23 (g) EXISTING RIGHTS.—The conveyance of Federal 

24 land under this section shall be subject to valid existing 

25 rights of third parties. In the alternative, the Secretary 


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1 of Agriculture may grant substitute permit rights of equiv2 alent utility to use other Federal land. 

3 (h) COMPLETION OF LAND EXCHANGE.—The Sec4 retary of Agriculture shall complete all legal and regu5 latory processes required in connection with the convey6 ances under this section and complete the closing of the 

7 conveyances within 16 months after the date of the enact8 ment of this Act. 

9 SEC. 812. HUNCHBACK MOUNTAIN LAND EXCHANGE, 

10 CLACKAMAS COUNTY. 

11 (a) CONVEYANCE REQUIRED.—The Secretary of Ag12 riculture shall convey to Clackamas County, Oregon (in 

13 this section referred to as the ‘‘County’’), all right, title, 

14 and interest of the United States in and to a parcel of 

15 National Forest System land in the Mount Hood National 

16 Forest consisting of approximately 160 acres, as depicted 

17 on the map entitled ‘‘Hunchback Mountain Land Ex18 change-Clackamas County’’ and dated June 2006. 

19 (b) CONSIDERATION.—As consideration for the con20 veyance under subsection (a), the County shall convey to 

21 the United States all right, title, and interest of the Coun22 ty in and to a parcel of land consisting of approximately 

23 160 acres, as depicted on the map referred to in sub24 section (a). The acquisition of this parcel will ensure the 

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1 tion of which exceeds 120 years in age, and the public’s 

2 access to the parcel. 

3 (c) EQUAL VALUE EXCHANGE.—The values of the 

4 land to be exchanged under this section shall be deter5 mined pursuant to an appraisal acceptable to the Sec6 retary of Agriculture and the County. If the values are 

7 not equal, they shall be equalized in the manner provided 

8 in section 206(b) of the Federal Land Policy and Manage9 ment Act of 1976 (43 U.S.C. 1716(b)). 

10 (d) COMPLIANCE WITH EXISTING LAW.—Except as 

11 otherwise provided in this section, the Secretary shall 

12 carry out the land exchange under this section in the man13 ner provided in section 206 of the Federal Land Policy 

14 Management Act of 1976 (43 U.S.C. 1716). 

15 (e) CONDITIONS ON ACCEPTANCE.—Title to the non 

16 Federal land to be acquired by the Secretary of Agri17 culture under this section must be acceptable to the Sec18 retary, and the conveyances shall be subject to valid exist19 ing rights of record. The non-Federal land shall conform 

20 with the title approval standards applicable to Federal 

21 land acquisitions. 

22 (f) LEGAL DESCRIPTIONS.—The exact acreage and 

23 legal description of the land to be exchanged under this 

24 section shall be determined by surveys satisfactory to the 

25 Secretary of Agriculture. The costs of any such survey, 


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1 as well as other administrative costs incurred to execute 

2 the land exchange, shall be negotiated between the Sec3 retary and the County. 

4 (g) EXISTING RIGHTS.—The conveyance of Federal 

5 land under this section shall be subject to valid existing 

6 rights of third parties. In the alternative, the Secretary 

7 of Agriculture may grant substitute permit rights of equiv8 alent utility to use other Federal land. 

9 (h) COMPLETION OF LAND EXCHANGE.—The Sec10 retary of Agriculture shall complete all legal and regu11 latory processes required in connection with the land ex12 change under this section and complete the closing of the 

13 land exchange not later than 16 months after the date 

14 of the enactment of this Act. 

Passed the House of Representatives July 24, 2006. 

Attest: KAREN L. HAAS, 

Clerk. 


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