I 

109TH CONGRESS 

2D SESSION H. R. 5025 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 28, 2006 

Mr. WALDEN of Oregon (for himself, Mr. BLUMENAUER, Ms. HOOLEY, and 

Mr. DEFAZIO) introduced the following bill; which was referred to the 

Committee on Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

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, 

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

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

5 ‘‘Mount Hood Stewardship Legacy Act’’. 


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

2 this Act is as follows: 

Sec. 1. Short title and table of contents 

Sec. 2. Implementation 

TITLE I—WILDERNESS AREA DESIGNATIONS 

Sec. 101. 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. 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. 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 Advisory Council 

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. 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. Purpose 

Sec. 502. Forest Stewardship Plan 

Sec. 503. Sustainable biomass utilization study 

Sec. 504. Watershed management memorandums of understanding 

TITLE VI—CRYSTAL SPRINGS WATERSHED MANAGEMENT UNIT 

Sec. 601. Purpose 

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. Purpose 


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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. 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 

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 TITLE I—WILDERNESS AREA 

6 DESIGNATIONS 

7 SEC. 101. PURPOSE. 

8 The purpose of this title is to designate approxi9 mately 77,500 acres of National Forest System land in 

10 the Mount Hood National Forest as wilderness, which rep11 resents a 41 percent increase in the amount of designated 

12 wilderness in the national forest and the first new wilder13 ness designated in the national forest since 1984. 

14 SEC. 102. DESIGNATION OF WILDERNESS AREAS, MOUNT 

15 HOOD NATIONAL FOREST. 

16 (a) DESIGNATION.—In accordance with the Wilder17 ness Act (16 U.S.C. 1131 et seq.), the following areas in 


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1 the Mount Hood National Forest are designated as wilder2 ness and, therefore, as components of the National Wilder3 ness Preservation System: 

4 (1) BIG BOTTOM WILDERNESS.—National For5 est System land comprising approximately 

6 lllll acres, as generally depicted on the map 

7 entitled ‘‘lllll’’ and dated lllllll, 

8 2006, which shall be known as the ‘‘Big Bottom 

9 Wilderness’’. 

10 (2) BULL OF THE WOODS WILDERNESS ADDI11 TION.—National Forest System land comprising ap12 proximately lllll acres, as generally depicted 

13 on the map entitled ‘‘lllll’’ and dated 

14 lllllll, 2006, is incorporated in and shall 

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

16 Wilderness, as designated by section 3(4) of the Or17 egon Wilderness Act of 1984 (16 U.S.C. 1132 note; 

18 Public Law 98–328). 

19 (3) COOPER SPUR WILDERNESS.—National 

20 Forest System land comprising approximately 

21 lllll acres, as generally depicted on the map 

22 entitled ‘‘lllll’’ and dated lllllll, 

23 2006, which shall be known as the ‘‘Cooper Spur 

24 Wilderness’’. 


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1 (4) GORGE RIDGELINE WILDERNESS.—National 

2 Forest System land comprising approximately 

3 lllll acres, as generally depicted on the map 

4 entitled ‘‘lllll’’ and dated lllllll, 

5 2006, which shall be known as the ‘‘Gorge Ridgeline 

6 Wilderness’’. 

7 (5) MOUNT HOOD WILDERNESS ADDITIONS.— 

8 National Forest System land comprising approxi9 mately lllll acres, as generally depicted on 

10 the map entitled ‘‘lllll’’ and dated 

11 lllllll, 2006, is incorporated in and shall 

12 considered to be a part of the Mount Hood Wilder13 ness, as designated by section 3 of the Wilderness 

14 Act (16 U.S.C. 1132). 

15 (6) ROARING RIVER WILDERNESS.—National 

16 Forest System land comprising approximately 

17 lllll acres, as generally depicted on the map 

18 entitled ‘‘lllll’’ and dated lllllll, 

19 2006, which shall be known as the ‘‘Roaring River 

20 Wilderness’’. 

21 (7) SALMON-HUCKLEBERRY WILDERNESS ADDI22 TION.—National Forest System land comprising ap23 proximately lllll acres, as generally depicted 

24 on the map entitled ‘‘lllll’’ and dated 

25 lllllll, 2006, is incorporated in and shall 


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1 considered to be a part of the Salmon-Huckleberry 

2 Wilderness, as designated by section 3(2) of the Or3 egon Wilderness Act of 1984 (16 U.S.C. 1132 note; 

4 Public Law 98–328). 

5 (b) MAPS AND LEGAL DESCRIPTION.— 

6 (1) SUBMISSION OF LEGAL DESCRIPTIONS.—As 

7 soon as practicable after the date of the enactment 

8 of this Act, the Secretary of Agriculture shall pre9 pare and submit to Congress a legal description of 

10 each wilderness area designated by subsection (a). 

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 reasonable ac9 cess to the private land. 

10 (2) EXCLUSION OF POWER LINE.—In the case 

11 of the Roaring River Wilderness established by sub12 section (a)(6), it is the intent of Congress to exclude 

13 from the wilderness area the transmission lines of 

14 the Oak Grove Hydroelectric Project along State 

15 Highway 224. 

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

17 subsection is intended to establish a precedent with 

18 regard to the designation of Federal land as wilder19 ness by any provision of law enacted after the date 

20 of the enactment of this Act. 

21 SEC. 103. ADMINISTRATION OF WILDERNESS AREAS. 

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

23 the National Forest System land designated as wilderness 

24 by section 102 shall be administered by the Secretary of 

25 Agriculture in accordance with the Wilderness Act (16 


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1 U.S.C. 1131 et seq.), except that any reference in the Wil2 derness Act to the effective date of such Act shall be con3 sidered to be a reference to the date of the enactment of 

4 this Act. 

5 (b) INCORPORATION OF ACQUIRED LAND AND IN6 TERESTS.—Any non-Federal land that is located within 

7 the boundaries of the National Forest System land des8 ignated as wilderness by section 102 and is acquired by 

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

10 Act shall— 

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

12 the land is located; and 

13 (2) be managed in accordance with this title, 

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

15 other laws applicable to the wilderness area. 

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

17 the National Forest System land designated as wilderness 

18 by section 102 is withdrawn from all forms of— 

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

20 public land laws; 

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

22 laws; and 

23 (3) disposition under all laws pertaining to min24 eral and geothermal leasing or mineral materials. 


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1 (d) FIRE, INSECT, AND DISEASE MANAGEMENT AC2 TIVITIES.—In accordance with section 4(d)(1) of the Wil3 derness Act (16 U.S.C. 1133(d)(1)) and House Report 

4 No. 98–40 of the 98th Congress, the Secretary of Agri5 culture may take such measures on the National Forest 

6 System land designated as wilderness by section 102 as 

7 are necessary for the control and prevention of fire, in8 sects, and diseases. 

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

10 in this title prevents the installation and maintenance of 

11 hydrologic, meteorologic, or climatological instrumentation 

12 on the National Forest System land designated as wilder13 ness by section 102 if the Secretary of Agriculture deter14 mines that hydrologic, meteorologic, or climatological in15 strumentation is appropriate to further the scientific, edu16 cational, and conservation purposes of the wilderness 

17 areas. 

18 (f) MILITARY ACTIVITIES.—Nothing in this Act pre19 cludes low-level overflights of military aircraft, the des20 ignation of new units of special airspace, or the use or 

21 establishment of military flight training routes over the 

22 National Forest System land designated as wilderness by 

23 section 102. 

24 (g) LIVESTOCK.—Grazing of livestock and the main25 tenance of existing facilities related to grazing on the NaVerDate Aug 31 2005 02:54 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5025.IH H5025

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1 tional Forest System land designated as wilderness by sec2 tion 102, where established before the date of the enact3 ment of this Act, shall be permitted to continue in accord4 ance with— 

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

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

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

8 the report of the Committee on Interior and Insular 

9 Affairs of the House of Representatives accom10 panying H.R. 2570 of the 101st Congress (H. Rept. 

11 101–405). 

12 (h) FISH AND WILDLIFE MANAGEMENT.— 

13 (1) IN GENERAL.—In furtherance of the pur14 poses of the Wilderness Act (16 U.S.C. 1131 et 

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

16 management activities to maintain or restore fish 

17 and wildlife populations and fish and wildlife habi18 tats on the National Forest System land designated 

19 as wilderness by section 102 if such activities are 

20 consistent with applicable wilderness management 

21 plans and carried out in accordance with applicable 

22 guidelines and policies. Nothing in this Act affects 

23 the jurisdiction of the State of Oregon with respect 

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

25 State. 


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1 (2) BULL TROUT RESTORATION PROJECT.—It 

2 is the intent of Congress that nothing in this title 

3 prevents the Secretary of Agriculture from con4 ducting the Bull Trout restoration project underway 

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

6 Branch Creek west of Lawrence Lake in order to re7 store historic trout populations and habitat. 

8 (i) CONTINUED USE BY MEMBERS OF INDIAN

9 TRIBES.— 

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

11 the National Forest System land designated as wil12 derness by section 102 by members of Indian tribes 

13 for traditional cultural and religious purposes, the 

14 Secretary of Agriculture shall ensure that Indian 

15 tribes have access to the wilderness areas for tradi16 tional cultural and religious purposes. 

17 (2) TEMPORARY CLOSURES.—In carrying out 

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

19 Indian tribe, may temporarily close to the general 

20 public one or more specific portions of the National 

21 Forest System land designated as wilderness by sec22 tion 102 to protect the privacy of the members of 

23 the Indian tribe in the conduct of the traditional cul24 tural and religious activities in the wilderness area. 

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


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1 to affect the smallest practicable area for the min2 imum period of time necessary for the activity to be 

3 carried out. 

4 (3) APPLICABLE LAW.—Access to the wilder5 ness areas under this subsection shall be provided in 

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

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

8 as the American Indian Religious Freedom Act; 42 

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

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

11 creates protective perimeters or buffer zones around the 

12 National Forest System land designated as wilderness by 

13 section 102. The fact that nonwilderness activities or uses 

14 can be seen or heard from the designated wilderness shall 

15 not preclude the conduct of those activities or uses outside 

16 the boundary of the wilderness area. 

17 SEC. 104. MAINTENANCE AND REPLACEMENT OF FOOT 

18 BRIDGES IN WILDERNESS AREAS. 

19 In the case of each wilderness area designated or ex20 panded by section 102, it is the intent of Congress that 

21 the Secretary of Agriculture be able to provide for the 

22 maintenance of the foot bridge crossings in the wilderness 

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

24 crossings to ensure public access and safety. 


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1 TITLE II—WILD AND SCENIC 

2 RIVER DESIGNATIONS 

3 SEC. 201. PURPOSE. 

4 The purpose of this title is to designate approxi5 mately 23 miles of waterways within the Mount Hood Na6 tional Forest as additions to the National Wild and Scenic 

7 Rivers System, which represents a 19 percent increase in 

8 the total length of all of the waterways in the national 

9 forest included in the system. 

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

11 HOOD NATIONAL FOREST. 

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

13 U.S.C. 1274(a)) is amended by adding at the end the fol14 lowing new paragraph: 

15 ‘‘(168) MOUNT HOOD NATIONAL FOREST, OR16 EGON.—The following rivers within the Mount Hood Na17 tional Forest in the State of Oregon, to be administered 

18 by the Secretary of Agriculture: 

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

20 Clackamas River, as generally depicted on the map 

21 entitled ‘[insert map name]’ and dated lllll, 

22 2006 (in this paragraph referred to as the ‘map’), 

23 as a scenic river. 


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1 ‘‘(B) The 8.3 miles of Eagle Creek, as generally 

2 depicted on the map, consisting of 7.2 miles as a 

3 wild river and 1.1 miles as a recreational river. 

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

5 Hood River, as generally depicted on the map, as a 

6 scenic river. 

7 ‘‘(D) The 4.6 miles of the South Fork of the 

8 Roaring River, as generally depicted on the map, as 

9 a wild river. 

10 ‘‘(E) The 2.9 miles of the Upper Reach of the 

11 Zig Zag River, as generally depicted on the map, as 

12 a wild river.’’. 

13 SEC. 203. RELATION TO MIDDLE FORK IRRIGATION DIS14 TRICT. 

15 (a) NO IMPACT ON WATER RIGHTS OR FLOW RE16 QUIREMENTS.—The designation of the Middle Fork of the 

17 Hood River as a lll river by paragraph (168)(C) of 

18 section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 

19 1274(a)), as added by section 202, is not intended to have 

20 any impact on water rights or flow requirements with re21 gard to the Middle Fork Irrigation District. 

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

23 of the Middle Fork of the Hood River designated as a 

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1 tion of the operation area of the Middle Fork Irrigation 

2 District. 

3 TITLE III—RECREATION 

4 SEC. 301. PURPOSE. 

5 The purpose of this title is to recognize and support 

6 recreation as a dynamic social and economic component 

7 of the legacy and future of the Mount Hood National For8 est. 

9 SEC. 302. RETENTION OF MOUNT HOOD NATIONAL FOREST 

10 LAND USE FEES FROM SPECIAL USE AUTHOR11 IZATIONS. 

12 (a) SPECIAL ACCOUNT.—The Secretary of the Treas13 ury shall establish a special account in the Treasury for 

14 Mount Hood National Forest. 

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

16 the Act of April 24, 1950 (commonly known as the Grang17 er-Thye Act; 16 U.S.C. 580d), the National Forest Orga18 nizational Camp Fee Improvement Act of 2003 (title V 

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

20 seq.), Public Law 106–206 (commonly known as the Com21 mercial Filming Act; 16 U.S.C. 460l–6d), and the Federal 

22 Lands Recreation Enhancement Act (title VIII of division 

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

24 land use fees from special use authorizations, such as 

25 recreation residences, resorts, winter recreation resorts, 


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1 communication uses, and linear rights-of-way, and all 

2 other special use types issued with regard to Mount Hood 

3 National Forest shall be deposited in the special account 

4 established under subsection (a). 

5 (c) AVAILABILITY.—Amounts in the special account 

6 established under subsection (a) shall remain available, 

7 without further appropriation and until expended, for ex8 penditure as provided in section 303. Upon request of the 

9 Secretary of Agriculture, the Secretary of the Treasury 

10 shall transfer to the Secretary of Agriculture from the spe11 cial account such funds as the Secretary of Agriculture 

12 may request. The Secretary shall accept and use the funds 

13 in accordance with section 303. 

14 SEC. 303. USE OF FUNDS IN SPECIAL ACCOUNT TO SUP15 PORT RECREATION. 

16 (a) AUTHORIZED USES.—The Secretary of Agri17 culture shall use funds received from the special account 

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

19 Mount Hood National Forest: 

20 (1) Trail maintenance, interpretive programs, 

21 and other activities and projects to improve rec22 reational services to the public. 

23 (2) Cooperative environmental restoration 

24 projects with non-Federal partnership groups and 

25 associations. 


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1 (3) Law enforcement and rescue and recovery 

2 efforts. 

3 (4) Improving administration of special use au4 thorizations. 

5 (5) Preparation of documents required under 

6 the National Environmental Policy Act of 1969 in 

7 connection with the improvement or development of 

8 recreational opportunities. 

9 (b) ALLOCATION REQUIREMENTS.—Of the total 

10 funds received by the Secretary of Agriculture from the 

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

12 Secretary shall allocate the funds as follows: 

13 (1) 95 percent of the funds to Mount Hood Na14 tional Forest. 

15 (2) 5 percent of the funds to the Regional Of16 fice for the Pacific Northwest Region of the Forest 

17 Service to develop needed policy and training to sup18 port programs in wilderness areas, special uses, 

19 trails, developed and dispersed recreation, and inter20 pretation related to Mount Hood National Forest. 

21 SEC. 304. ANNUAL REPORTING REQUIREMENT. 

22 The Secretary of Agriculture shall submit to Con23 gress an annual report specifying— 


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1 (1) the total funds received by the Secretary 

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

3 the preceding fiscal year; 

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

5 and 

6 (3) the results from such expenditures. 

7 SEC. 305. MOUNT HOOD NATIONAL FOREST RECREATIONAL 

8 ADVISORY COUNCIL. 

9 (a) ESTABLISHMENT AND PURPOSE.—The Secretary 

10 of Agriculture shall establish an advisory council (to be 

11 known as the ‘‘Mount Hood National Forest Recreational 

12 Advisory Council’’) for the purpose of providing advice and 

13 recommendations to the Forest Service on planning and 

14 implementing recreation enhancements in Mount Hood 

15 National Forest, including advice and recommendations 

16 regarding how the funds in the special account established 

17 under section 302 should be requested and expended. 

18 (b) DUTIES.—The Advisory Council shall— 

19 (1) review projects proposed by the Secretary 

20 for Mount Hood National Forest regarding— 

21 (A) installation, repair, maintenance, and 

22 facility enhancement related directly to visitor 

23 enjoyment, visitor access, and health and safe24 ty, such as— 


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1 (i) improvements of trails, including 

2 trails used for hiking, biking, and off-high3 way vehicles; 

4 (ii) water system improvements; and 

5 (iii) personal sanitation facilities im6 provements; 

7 (B) interpretation, visitor information, vis8 itor services, visitor needs assessments, map9 ping, signage, Leave-No-Trace materials, and 

10 wilderness rangers; 

11 (C) habitat restoration directly related to 

12 recreation, such as improving habitat around 

13 trails converted from closed or decommissioned 

14 forest roads under section 306; 

15 (D) law enforcement related to public use 

16 and recreation, such as law enforcement at 

17 recreation events, search and rescue operations, 

18 illegal trail building investigations, and enforce19 ment; 

20 (2) propose projects described in paragraph (1) 

21 to the Secretary; 

22 (3) recommend the funding levels for projects 

23 described in paragraph (1) to be derived from the 

24 special account established under section 302; and 


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1 (4) provide opportunities for citizens, organiza2 tions, Indian tribes, the Forest Service, and other 

3 interested parties to participate openly and meaning4 fully, beginning at the early stages of the develop5 ment of projects described in paragraph (1). 

6 (c) APPOINTMENT.— 

7 (1) APPOINTMENT AND TERM.—The Regional 

8 Forester, acting on behalf of the Secretary of Agri9 culture, shall appoint the members of the Advisory 

10 Council for a term of three years beginning on the 

11 date of appointment. A member may be reappointed 

12 to subsequent three-year terms. 

13 (2) INITIAL APPOINTMENT.—The Regional For14 ester shall make initial appointments to the Advisory 

15 Council not later than 180 days after the date of the 

16 enactment of this Act. 

17 (3) VACANCIES.—The Regional Forester shall 

18 make appointments to fill vacancies on the Advisory 

19 Council as soon as practicable after the vacancy has 

20 occurred. 

21 (4) COMPENSATION.—Members of the Advisory 

22 Council shall not receive any compensation for their 

23 service on the council. 

24 (d) COMPOSITION OF ADVISORY COUNCIL.—The Ad25 visory Council shall be composed of 13 members, selected 


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1 so that the following activities and interest groups are rep2 resented: 

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

4 hiking. 

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

6 snowshoeing and backcountry skiing. 

7 (3) Mountain biking. 

8 (4) Hunting and fishing. 

9 (5) Summer motorized recreation, such as off10 highway vehicle use. 

11 (6) Local environmental groups. 

12 (7) Winter motorized recreation, such as 

13 snowmobiling. 

14 (8) Permitted ski areas. 

15 (9) Forest products industry. 

16 (10) Affected Indian tribes. 

17 (11) Local government interests, such as a 

18 county commissioner or city mayor in an elected po19 sition representing a county or city directly adjacent 

20 or included within Mount Hood National Forest. 

21 (12) A resident of Government Camp. 

22 (13) The State of Oregon. 

23 (e) CHAIRPERSON.—The chairperson of the Advisory 

24 Council shall be selected by a majority of the council. 


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1 (f) OTHER COUNCIL AUTHORITIES AND REQUIRE2 MENTS.— 

3 (1) STAFF ASSISTANCE.—The Secretary of Ag4 riculture shall provide staff assistance to the Advi5 sory Council from Federal employees under the ju6 risdiction of the Secretary. 

7 (2) MEETINGS.—All meetings of the Advisory 

8 Council shall be announced at least one week in ad9 vance in a local newspaper of record and shall be 

10 open to the public. 

11 (3) RECORDS.—The Advisory Council shall 

12 maintain records of the meetings of the council and 

13 make the records available for public inspection. 

14 (g) LIMITATION ON ADMINISTRATIVE ASSISTANCE.— 

15 Not more than five percent of the funds allocated under 

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

17 fiscal year may be used to provide administrative assist18 ance to the Advisory Council during that fiscal year. 

19 SEC. 306. CONSIDERATION OF CONVERSION OF FOREST 

20 ROADS TO RECREATIONAL USES. 

21 (a) EVALUATION OF CURRENTLY CLOSED ROADS.— 

22 (1) CONSIDERATION FOR RECREATIONAL

23 USE.—As soon as practicable after the date of the 

24 enactment of this Act, the Secretary of Agriculture 

25 shall make a determination regarding whether the 


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1 Forest Service roads in Mount Hood National For2 est that were selected before that date for closure 

3 and decommissioning, but have not yet been decom4 missioned, should be converted to recreational uses 

5 to enhance recreational opportunities in the national 

6 forest, such as conversion for use as single-track 

7 trails for mountain bikes. In evaluating the feasi8 bility and suitability of converting the Forest Service 

9 roads to recreational uses, and the types of rec10 reational uses to be authorized, the Secretary shall 

11 take into account the environmental and economic 

12 impacts of implementing the conversion and of the 

13 resulting recreational uses. 

14 (2) 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 Advisory Council. 

21 (b) INCLUSION AS PART OF FUTURE CLOSURE CON22 SIDERATIONS.—Whenever the Secretary of Agriculture 

23 considers a Forest Service road in Mount Hood National 

24 Forest for possible closure and decommissioning after the 

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1 clude as an alternative to decommissioning the road con2 sideration of converting the road to recreational uses to 

3 enhance recreational opportunities in the Mount Hood Na4 tional Forest, such as conversion for use as single-track 

5 trails for mountain bikes. 

6 SEC. 307. IMPROVED TRAIL ACCESS FOR PERSONS WITH 

7 DISABILITIES. 

8 (a) CONSTRUCTION OF TRAIL.—The Secretary of Ag9 riculture may enter into a contract with a partner organi10 zation or other person to design and construct a trail at 

11 a location selected by the Secretary in Mount Hood Na12 tional Forest suitable for use by persons with disabilities. 

13 (b) PUBLIC PROCESS.—The selection of the trail lo14 cation under subsection (a) and the preparation of the de15 sign of the trail shall be a public process, including con16 sultation by the Secretary of Agriculture with the Mount 

17 Hood National Forest Recreational Advisory Council. 

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

19 funds in the special account established under section 302 

20 to carry out this section. 

21 TITLE IV—TRANSPORTATION 

22 SEC. 401. PURPOSE. 

23 The purpose of this title is to support the develop24 ment of an integrated, multi-modal transportation plan for 

25 the Mount Hood region designed to achieve comprehensive 


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1 solutions to transportation challenges in the region nec2 essary to promote appropriate economic development, pre3 serve landscapes, and enhance public safety. 

4 SEC. 402. MOUNT HOOD REGION DEFINED. 

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

6 Mount Hood and the other areas immediately surrounding 

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

8 35 corridors in and near Mount Hood National Forest, 

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

10 the national forest, and the gateway communities along 

11 these corridors and roads. 

12 SEC. 403. TRANSPORTATION PLAN. 

13 (a) FOREST SERVICE PARTICIPATION.—The Sec14 retary of Agriculture is authorized and directed to work 

15 with the State of Oregon to develop an integrated, multi16 modal transportation plan for the Mount Hood region. 

17 (b) PLANNING PROCESS.—The transportation plan 

18 shall conform with Federal and Oregon transportation 

19 planning requirements and be the product of a collabo20 rative process, preferably through the use of a commission 

21 composed of interested persons appointed by the State, 

22 with representation from the Forest Service and local gov23 ernments in the Mount Hood region. 

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

25 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) FUNDING SOURCE.—Of the amounts appropriated 

11 under section 1117 of the Safe, Accountable, Flexible, Ef12 ficient Transportation Equity Act: A Legacy for Users 

13 (Public Law 109–59; 23 U.S.C. 101 note; 119 Stat. 1177) 

14 for the Transportation, Community, and System Preserva15 tion Program, $2,000,000 shall be made available to the 

16 State of Oregon for the preparation of the transportation 

17 plan for the Mount Hood region. 

18 SEC. 404. STUDY REGARDING GONDOLA CONNECTION AND 

19 INTERMODAL TRANSPORTATION CENTER. 

20 (a) STUDY AUTHORIZED.—The Secretary of Agri21 culture shall conduct a study of the feasibility of estab22 lishing— 

23 (1) a gondola connection between Timberline 

24 Lodge and Government Camp, Oregon, in the vicin25 ity of the historic gondola corridor; and 


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1 (2) an intermodal transportation center in or 

2 near Government Camp. 

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

4 study under this section, the Secretary may include con5 sideration of one or more possible sites for the gondola 

6 connection and intermodal transportation center. 

7 TITLE V—FOREST AND 

8 WATERSHED STEWARDSHIP 

9 SEC. 501. PURPOSE. 

10 The purpose of this title is to promote forested land11 scapes resilient to catastrophic fire, insects, and disease, 

12 to protect homes and communities from property damage 

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

14 existing community or municipal watersheds. 

15 SEC. 502. FOREST STEWARDSHIP PLAN. 

16 (a) PREPARATION OF PLAN.—The Secretary of Agri17 culture shall prepare a plan to address those areas of 

18 Mount Hood National Forest with a high incidence of in19 sect or disease infestation (or both), heavily overstocked 

20 tree stands, or moderate-to-high risk of unnatural cata21 strophic wildfire for the purpose of improving condition 

22 class, which significantly improves the forest health and 

23 water quality. 

24 (b) IMPROVED MAPPING.—The preparation of the 

25 forest stewardship plan may include improved mapping of 


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1 condition class 2 and condition class 3 areas and other 

2 areas identified in subsection (a) in Mount Hood National 

3 Forest. 

4 (c) PUBLIC PARTICIPATION.—The Secretary of Agri5 culture shall prepare the forest stewardship plan in coordi6 nation with the resource advisory committee established 

7 under section 205 of the Secure Rural Schools and Com8 munity Self-Determination Act of 2000 (Public 106–393; 

9 16 U.S.C. 500 note) for Mount Hood National Forest and 

10 the public. Section 6(d) of the Forest and Rangeland Re11 newable Resources Planning Act of 1974 (16 U.S.C. 

12 1604(d)) also shall apply to the preparation (and any revi13 sion) of the plan. 

14 (d) COMPLETION.—The Secretary of Agriculture 

15 shall complete development of the forest stewardship plan 

16 not later than one year after the date of the enactment 

17 of this Act. 

18 (e) DURATION OF PLAN.—The forest stewardship 

19 plan shall cover a 10-year period. 

20 (f) IMPLEMENTATION.—The Secretary of Agriculture 

21 shall commence implementation of the forest stewardship 

22 plan not later than one year after completion of the plan. 

23 The plan is intended to be implemented using existing au24 thorities available to the Secretary to manage Mount Hood 

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1 section (a). Nothing in this section grants the Secretary 

2 any authority to manage the national forest contrary to 

3 existing law. 

4 SEC. 503. SUSTAINABLE BIOMASS UTILIZATION STUDY. 

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

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

7 sustainable biomass available in the Mount Hood National 

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

9 available as a raw material for— 

10 (1) the production of electric energy, sensible 

11 heat, transportation fuel, or substitutes for petro12 leum-based products; 

13 (2) dimensional lumber, fencing, framing mate14 rial, poles, firewood, furniture, chips, pulp for paper; 

15 or 

16 (3) other commercial purposes. 

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

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

19 vegetation that is removed from forested land as a by20 product of forest restoration efforts. 

21 SEC. 504. WATERSHED MANAGEMENT MEMORANDUMS OF 

22 UNDERSTANDING. 

23 (a) COMPLETION OF MEMORANDUMS OF UNDER24 STANDING.—To the extent that memorandums of under25 standing or other legal agreements involving watersheds 


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1 of Mount Hood National Forest do not exist between irri2 gation districts or municipalities and the Forest Service, 

3 the Secretary of Agriculture may complete memorandums 

4 of understanding that outline stewardship goals to manage 

5 the watersheds for water quality and water quantity. 

6 (b) ELEMENTS OF MEMORANDUM.—A memorandum 

7 of understanding involving a watershed of Mount Hood 

8 National Forest shall encourage adaptability, establish 

9 benchmarks regarding water quality and water quantity, 

10 and require monitoring to determine progress in meeting 

11 such benchmarks. The memorandum of understanding 

12 may restrict public access to areas of the watershed where 

13 appropriate. 

14 (c) PUBLIC PROCESS REQUIRED.— 

15 (1) COLLABORATION AND CONSULTATION.— 

16 The Secretary of Agriculture shall ensure that the 

17 process by which the Secretary enters into a memo18 randum of understanding with an irrigation district, 

19 local government, or other entity involving a water20 shed of Mount Hood National Forest is based on 

21 collaboration and cooperation between the Forest 

22 Service and local jurisdictions and other interested 

23 persons. 

24 (2) PUBLIC MEETING REQUIRED.—The Sec25 retary and the other party or parties to the proposed 


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1 memorandum of understanding shall hold at least 

2 one joint public meeting before completing a final 

3 draft of the memorandum of understanding. 

4 (3) PUBLIC COMMENT.—A draft memorandum 

5 of understanding also shall be open to public com6 ment before being finalized. 

7 TITLE VI—CRYSTAL SPRINGS 

8 WATERSHED MANAGEMENT 

9 UNIT 

10 SEC. 601. PURPOSE. 

11 The purpose of this title is to establish a special re12 sources management unit to ensure protection of the qual13 ity and quantity of the Crystal Springs watershed as a 

14 clean drinking water source for the residents of Hood 

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

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

17 SEC. 602. ESTABLISHMENT OF CRYSTAL SPRINGS WATER18 SHED SPECIAL RESOURCES MANAGEMENT 

19 UNIT. 

20 (a) ESTABLISHMENT.—Effective as provided by sec21 tion 605, the Secretary of Agriculture shall establish a 

22 special resources management unit in the State of Oregon 

23 consisting of all National Forest System land that is lo24 cated within 200 yards from any point on the perimeter 

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1 mined by the Crystal Springs Water District, and other 

2 National Forest System land in and around the Inn at 

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

4 on the map entitled ‘‘llllll’’ and dated 

5 llllll, 2006 (in this subtitle referred to as the 

6 ‘‘official map’’). 

7 (b) DESIGNATION.—The special resources manage8 ment unit established pursuant to subsection (a) shall be 

9 known as the Crystal Springs Watershed Special Re10 sources Management Unit, in this title referred to as the 

11 ‘‘Management Unit’’. 

12 (c) EXCLUSION OF CERTAIN LAND.—The Manage13 ment Unit does not include any National Forest System 

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

15 as wilderness by title I. 

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

17 National Forest System land included in the Management 

18 Unit are permanently withdrawn from all forms of appro19 priation under the public land laws, including the mining 

20 laws and mineral and geothermal leasing laws. 

21 (e) MAPS AND LEGAL DESCRIPTION.— 

22 (1) SUBMISSION OF LEGAL DESCRIPTIONS.—As 

23 soon as practicable after the effective date specified 

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1 mit to Congress a legal description of the Manage2 ment Unit. 

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

4 subsection (a) and the legal descriptions prepared 

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

6 effect as if included in this Act, except that the Sec7 retary may correct errors in the map and legal de8 scriptions. 

9 (3) PUBLIC AVAILABILITY.—The map referred 

10 to in subsection (a) and the legal descriptions pre11 pared under paragraph (1) shall be filed and made 

12 available for public inspection in the appropriate of13 fices of the Forest Service. 

14 SEC. 603. ADMINISTRATION OF MANAGEMENT UNIT. 

15 (a) GENERAL APPLICABILITY OF EXISTING LAWS.— 

16 Except as provided in this title, all other laws and regula17 tions affecting National Forest System lands shall con18 tinue to apply to the National Forest System lands in19 cluded in the Management Unit. 

20 (b) AUTHORIZED ACTIVITIES.— 

21 (1) PROCESS FOR ALLOWING ACTIVITIES.— 

22 Only activities described in this subsection may 

23 occur in the Management Unit, and the Secretary of 

24 Agriculture may permit an activity described in this 


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1 subsection to occur in the Management Unit only 

2 after the Secretary— 

3 (A) obtains the review and opinions of the 

4 Crystal Springs Water District regarding the 

5 effect of the activity on the purposes of the 

6 Management Unit; 

7 (B) complies with all applicable Federal 

8 law regarding development and implementation 

9 of the activity; and 

10 (C) provides advance notice, an oppor11 tunity to comment, and appeal rights regarding 

12 the activity to the general public. 

13 (2) RECREATION.—The Secretary may continue 

14 to maintain recreational opportunities and trails, in 

15 existence as of the effective date specified in section 

16 605, within their existing and historic footprints. 

17 (3) LEASE OF CERTAIN IMPROVEMENTS.—The 

18 Secretary may lease improvements and facilities, in 

19 existence as of the effective date specified in section 

20 605, within their existing and designated footprints 

21 to one or more concessionaires. 

22 (4) SALE OF CERTAIN IMPROVEMENTS.—The 

23 Secretary may sell the improvements and facilities 

24 known as the Inn at Cooper Spur and the Cooper 


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1 Spur Ski Area, as provided by subtitle A of title 

2 VIII. 

3 (5) ROAD MAINTENANCE.—Subject to sub4 section (d), the Secretary may maintain roads, in ex5 istence as of the effective date specified in section 

6 605. Maintenance may include the installation of 

7 culverts and drainage improvements and other simi8 lar activities. 

9 (6) FUEL REDUCTION IN PROXIMITY TO IM10 PROVEMENTS.—The Secretary may permit non-com11 mercial and pre-commercial fuel reduction up to 400 

12 feet from historic and other structures on National 

13 Forest System land and homes on adjacent private 

14 lands. 

15 (7) OTHER FUEL REDUCTION AND FOREST

16 HEALTH ACTIVITIES.—The Secretary may conduct 

17 fuel reduction and forest health management activi18 ties, with priority given to activities that restore pre19 viously harvested stands using non-commercial and 

20 pre-commercial means, including the removal of log21 ging slash, smaller diameter material, and ladder 

22 fuels. The purpose of any fire risk reduction or for23 est health management activity conducted in the 

24 Management Unit shall be the maintenance and res25 toration of late-successional fire-resilient forest 


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1 structures containing multi-storied canopies and the 

2 protection of water quality, water quantity, scenic, 

3 cultural natural and wildlife values. For purposes of 

4 this paragraph and paragraph (6), pre-commercial 

5 activities mean the cutting of smaller diameter trees 

6 from younger stands for the purposes specified in 

7 this paragraph and does not preclude the sale of 

8 trees cut for firewood or other similar useful pur9 poses. 

10 (c) SPECIFICALLY PROHIBITED ACTIVITIES.—The 

11 following activities may not occur in the Management 

12 Unit, whether separately or as part of an activity author13 ized by subsection (b): 

14 (1) New road construction or renovation of ex15 isting unused roads. 

16 (2) Commercial timber harvesting. 

17 (3) Domestic livestock grazing. 

18 (4) The placement or maintenance of fuel stor19 age tanks. 

20 (5) The application of any toxic chemicals, in21 cluding pesticides, rodenticides, herbicides, or 

22 retardants, for any purpose, except with the consent 

23 of the Crystal Springs Water District. 

24 (d) MANAGEMENT PLAN.—In consultation with the 

25 Crystal Springs Water District, the Secretary of AgriVerDate Aug 31 2005 02:54 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H5025.IH H5025

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1 culture shall adopt a management plan for the Manage2 ment Unit that, while providing for the limited activities 

3 specifically authorized by subsection (b), protects the wa4 tershed from illegal dumping, human waste, fires, van5 dalism and other risks to water quality. 

6 (e) FOREST ROAD CLOSURES.—The Secretary of Ag7 riculture may require the gating and closure to the general 

8 public of all Forest Service roads within the Management 

9 Unit, except for Cloud Cap Road (#Forest Road 3512). 

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

11 the use of, or access to, any private property in the Crystal 

12 Springs watershed by the owners of the private property 

13 and their guests. 

14 (g) RELATIONSHIP WITH WATER DISTRICT.—Except 

15 as provided in this section, the Crystal Springs Water Dis16 trict has no authorities over management or use of Na17 tional Forest System land included in the Management 

18 Unit. 

19 SEC. 604. ACQUISITION OF LANDS. 

20 (a) ACQUISITION AUTHORITY.—The Secretary of Ag21 riculture may acquire from willing landowners any lands 

22 located in the Crystal Springs Zone of Contribution within 

23 the boundaries of Mount Hood National Forest. Lands so 

24 acquired shall automatically be added to the Management 

25 Unit. 


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1 (b) PROHIBITION ON SUBSEQUENT CONVEYANCE.— 

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

3 ownership of any land within the Management Unit, in4 cluding any of the land acquired under subsection (a) or 

5 received by the Secretary as part of the Cooper Spur-Gov6 ernment Camp land exchange authorized by subtitle A of 

7 title VIII and included within the Management Unit, to 

8 any person. 

9 SEC. 605. EFFECTIVE DATE. 

10 The Secretary of Agriculture shall establish the Man11 agement Unit within 30 days after the date of the final 

12 closing of the Cooper Spur-Government Camp land ex13 change authorized by subtitle A of title VIII. The Manage14 ment Unit may not be established before final closing of 

15 the land exchange. 

16 TITLE VII—LOCAL AND TRIBAL 

17 RELATIONSHIPS 

18 SEC. 701. PURPOSE. 

19 The purpose of this title is to recognize and support 

20 the ability of Native Americans to continue to gather first 

21 foods in the Mount Hood National Forest using tradi22 tional methods and the central role of the State of Oregon 

23 and local governments in managing for issues dealing with 

24 natural and developed environments in the vicinity of the 

25 national forest. 


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1 SEC. 702. FIRST FOODS GATHERING AREAS. 

2 (a) PRIORITY USE AREAS.—The Secretary of Agri3 culture shall identify, establish, develop, and manage pri4 ority-use areas in Mount Hood National Forest for the 

5 gathering of first foods by members of Indian tribes with 

6 treaty-reserved gathering rights on lands encompassed by 

7 the national forest. The priority-use areas shall be identi8 fied, established, developed, and managed in a manner 

9 consistent with the memorandum of understanding en10 tered into between the Department of Agriculture, the Bu11 reau of Land Management, the Bureau of Indian Affairs, 

12 and the Confederated Tribes of the Warm Springs Res13 ervation of Oregon (in this section referred to as the 

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

15 such further agreements as are necessary between the Sec16 retary of Agriculture and the Warm Springs Tribe to 

17 carry out the purposes of this section. 

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

19 treaty-reserved gathering rights on lands encompassed by 

20 Mount Hood National Forest shall have exclusive rights 

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

22 pursuant to subsection (a). 

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

24 National Forest System land for inclusion in a priority25 use area under subsection (a), the Secretary of Agriculture 


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1 shall comply with the land and resource management plan 

2 for Mount Hood National Forest and applicable laws. 

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

4 term ‘‘first foods’’ means roots, berries, and plants on Na5 tional Forest System land in Mount Hood National Forest 

6 that have been gathered for traditional and cultural pur7 poses by members of Indian tribes with treaty-reserved 

8 gathering rights on lands encompassed by Mount Hood 

9 National Forest. 

10 SEC. 703. FOREST SERVICE COORDINATION WITH STATE 

11 AND LOCAL GOVERNMENTS. 

12 Congress encourages the Secretary of Agriculture to 

13 cooperate with the State of Oregon, local communities, 

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

15 National Forest, and the heads of other Federal agencies 

16 to identify common ground, coordinate planning efforts 

17 around the national forest, and make the Federal Govern18 ment a better partner in building cooperative and lasting 

19 solutions for management of Mount Hood National Forest 

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

21 SEC. 704. SAVINGS PROVISIONS REGARDING RELATIONS 

22 WITH INDIAN TRIBES. 

23 (a) TREATY RIGHTS.—Nothing in this Act is in24 tended to alter, modify, enlarge, diminish, or extinguish 

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1 reservation reserved rights established by the Treaty of 

2 June 25, 1855, with the Tribes and Bands of Middle Or3 egon (12 Stat. 963). Section 702 is consistent with and 

4 intended to implement the gathering rights reserved by 

5 such treaty. 

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

7 to affect lands held in trust by the Secretary of the Inte8 rior for Indian tribes or individual members of Indian 

9 tribes or other lands acquired by the Army Corps of Engi10 neers and administered by the Secretary of the Interior 

11 for the benefit of Indian tribes and individual members 

12 of Indian tribes. 

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

14 intended to affect the laws, rules, and regulations per15 taining to hunting and fishing under existing State and 

16 Federal laws and Indian treaties. 

17 SEC. 705. IMPROVED NATURAL DISASTER PREPAREDNESS. 

18 (a) IMPOSITION OF STANDARDS.—New development 

19 occurring on land conveyed by the Secretary of Agriculture 

20 under title VIII or undertaken or otherwise permitted by 

21 the Secretary of Agriculture on National Forest System 

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

23 enactment of this Act shall be constructed or altered in 

24 compliance with one of the nationally recognized model 


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1 building codes or wildland-urban interface codes and with 

2 other applicable nationally recognized codes. 

3 (b) INCLUSION OF STANDARDS IN LAND CONVEY4 ANCES.—In the case of each of the land conveyances de5 scribed in title VIII, the Secretary shall impose the re6 quirements of subsection (a) as a condition on the convey7 ance of the Federal land under the conveyance. 

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

9 maximum extent feasible, the codes imposed pursuant to 

10 subsection (a) shall be consistent with the nationally rec11 ognized codes adopted by the State of Oregon or political 

12 subdivisions of the State. This section shall not be con13 strued to limit the power of the State of Oregon or a polit14 ical subdivision of the State to implement or enforce any 

15 law, rule, regulation, or standard concerning fire preven16 tion and control. 

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

18 subsection (a) may be enforced by the same entities other19 wise enforcing building codes regarding new development 

20 occurring on land conveyed by the Secretary of Agriculture 

21 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. 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 Numerous public hearings have been held where broad 

12 public support has been voiced for the protection of Mount 

13 Hood and the consummation of the land exchange. 

14 SEC. 802. COOPER SPUR-GOVERNMENT CAMP LAND EX15 CHANGE. 

16 (a) CONVEYANCE REQUIRED.—The Secretary of Ag17 riculture shall convey to Mt. Hood Meadows Oregon, Lim18 ited Partnership (in this subtitle referred to as ‘‘Mt. Hood 

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

20 States in and to— 

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

22 Mount Hood National Forest consisting of approxi23 mately 80 acres in Government Camp, Clackamas 

24 County, Oregon, as depicted on the map entitled 

25 ‘‘lllllll’’ and dated lllll , 2006 


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1 (in this subtitle referred to as the ‘‘official map’’); 

2 and 

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

4 Mount Hood National Forest consisting of approxi5 mately 40 acres in Government Camp, as depicted 

6 on the official map. 

7 (b) CONSIDERATION.—As consideration for the con8 veyance under subsection (a), Mt. Hood Meadows, Mead9 ows North, LLC, and North Face Inn, LLC, shall convey 

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

11 entities in and to— 

12 (1) a parcel of private land consisting of ap13 proximately 770 acres at Cooper Spur, as depicted 

14 on the official map; 

15 (2) all buildings, furniture, fixtures, and equip16 ment at the Inn at Cooper Spur covered by the ap17 praisal described in subsection (c)(1); 

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

19 Cooper Spur Ski Area, as depicted on the official 

20 map; and 

21 (4) all buildings, furniture, fixtures, and equip22 ment at the Cooper Spur Ski Area covered by the 

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

24 (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. 


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

2 COOPER SPUR SKI AREA. 

3 (a) SOLICITATION OF NEW CONCESSIONAIRE.—Not 

4 later than 60 days after the date of the enactment of this 

5 Act, the Secretary of Agriculture shall prepare and publish 

6 a proposed prospectus in order to solicit a new conces7 sionaire for the Inn at Cooper Spur and the Cooper Spur 

8 Ski Area within the new configuration of these establish9 ments, as depicted on the official map. The Secretary may 

10 enter into the concession contract at any time after the 

11 closing of the land exchange under section 802. 

12 (b) COMPETITIVE PROCESS.—Prospective conces13 sionaires shall be able to bid competitively for the right 

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

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

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

17 (c) CONSULTATION.—The Secretary of Agriculture 

18 shall work collaboratively with Mt. Hood Meadows, Mead19 ows North, LLC, and North Face Inn, LLC, the Hood 

20 River Valley Residents Committee, the Cooper Spur Wild 

21 and Free Coalition, and the Hood River County Commis22 sion in selecting a new concessionaire for the Inn at Coo23 per Spur and the Cooper Spur Ski Area and to prepare 

24 for the orderly and smooth transition of the operation of 

25 the Inn at Cooper Spur and the Cooper Spur Ski Area 

26 to the new concessionaire. 


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1 (d) EXCLUSION OF MT. HOOD MEADOWS.—Mt. 

2 Hood Meadows, or any successor thereof, may not be se3 lected as a concessionaire for the Inn at Cooper Spur and 

4 the Cooper Spur Ski Area. However, to allow an orderly 

5 and smooth transition of the operation of the Inn at Coo6 per Spur and the Cooper Spur Ski Area to a new conces7 sionaire, the Secretary of Agriculture may issue a short8 term Special Use Permit to Mt. Hood Meadows for a pe9 riod not to exceed one year under terms similar to the 

10 Cooper Spur Ski Area Special Use Permit in existence on 

11 the date of the enactment of this Act. The permit may 

12 not be extended. 

13 (e) TREATMENT OF PROCEEDS.—All funds received 

14 pursuant to a concession contract under this section shall 

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

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

17 and shall remain available to the Secretary of Agriculture 

18 until expended, without further appropriation, for use in 

19 Mount Hood National Forest, with priority given to the 

20 Hood River Ranger District for restoration projects on the 

21 North side of Mount Hood. 

22 SEC. 804. GENERAL PROVISIONS. 

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

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

25 802 is subject to the existing laws and regulations applicaVerDate Aug 31 2005 02:54 Mar 29, 2006 Jkt 049200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H5025.IH H5025

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1 ble to the conveyance and acquisition of land under the 

2 jurisdiction of the Forest Service. It is anticipated that 

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

4 land exchange without the promulgation of additional reg5 ulations. 

6 (b) CONDITIONS ON ACCEPTANCE.—Title to the non7 Federal land to be acquired by the Secretary of Agri8 culture under section 802 must be acceptable to the Sec9 retary, and the conveyances shall be subject to valid exist10 ing rights of record. The non-Federal land shall conform 

11 with the title approval standards applicable to Federal 

12 land acquisitions. 

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

14 legal description of the land to be exchanged under section 

15 802 shall be determined by surveys satisfactory to the Sec16 retary of Agriculture. The costs of any such survey, as 

17 well as other administrative costs incurred to execute the 

18 land exchange, shall be borne by the Secretary. 

19 Subtitle B—Other Land Exchanges 

20 SEC. 811. LAND EXCHANGE, PORT OF CASCADE LOCKS-PA21 CIFIC CREST NATIONAL SCENIC TRAIL. 

22 (a) CONVEYANCE REQUIRED.—The Secretary of Ag23 riculture shall convey to the Port of Cascade Locks, Cas24 cade Locks, Oregon (in this section referred to as the 

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


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

2 Columbia River Gorge National Scenic Area consisting of 

3 approximately 10 acres, as depicted on the map entitled 

4 ‘‘lllll’’ and dated lllll, 2006. 

5 (b) CONSIDERATION.—As consideration for the con6 veyance under subsection (a), the Port shall convey to the 

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

8 and to a parcel of land consisting of approximately 40 

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

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

11 integrity of the Pacific Crest National Scenic Trail in the 

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

13 the north Oregon entrance of the trail. 

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

15 land to be exchanged under this section shall be deter16 mined pursuant to an appraisal acceptable to the Sec17 retary of Agriculture and the Port. If the values are not 

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

19 section 206(b) of the Federal Land Policy and Manage20 ment Act of 1976 (43 U.S.C. 1716(b)). 

21 (d) APPLICABLE LAW.—Except as otherwise provided 

22 in this section, the exchange of Federal land under this 

23 section is subject to the existing laws and regulations ap24 plicable to the conveyance and acquisition of land under 

25 the jurisdiction of the Forest Service. It is anticipated that 


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

2 land exchange without the promulgation of additional reg3 ulations. 

4 (e) CONDITIONS ON ACCEPTANCE.—Title to the non5 Federal land to be acquired by the Secretary of Agri6 culture under this section must be acceptable to the Sec7 retary, and the conveyances shall be subject to valid exist8 ing rights of record. The non-Federal land shall conform 

9 with the title approval standards applicable to Federal 

10 land acquisitions. 

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

12 legal description of the land to be exchanged under this 

13 section shall be determined by surveys satisfactory to the 

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

15 as well as other administrative costs incurred to execute 

16 the land exchange, shall be borne by the Secretary. 

17 (g) COMPLETION OF LAND EXCHANGE.—The Sec18 retary of Agriculture shall complete all legal and regu19 latory processes required in connection with the convey20 ances under this section and complete the closing of the 

21 conveyances within eight months after the date of the en22 actment of this Act. 

Æ 


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