II 

110TH CONGRESS 

1ST SESSION S. 647 

To designate certain land in the State of Oregon as wilderness, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 15, 2007 

Mr. WYDEN (for himself and Mr. SMITH) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

A BILL 

To designate certain land in the State of Oregon as 

wilderness, 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; TABLE OF CONTENTS. 

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

5 ‘‘Lewis and Clark Mount Hood Wilderness Act of 2007’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—DESIGNATION OF WILDERNESS AREAS 

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


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Sec. 102. Richard L. Kohnstamm Memorial Area. 

Sec. 103. Map and legal descriptions. 

Sec. 104. Administration. 

Sec. 105. Buffer zones. 

Sec. 106. Fire safe community zones. 

Sec. 107. Fish and wildlife; hunting and fishing. 

Sec. 108. Fire, insects, and diseases. 

Sec. 109. Land reclassification. 

Sec. 110. Valid existing rights and withdrawal. 

Sec. 111. Maintenance and replacement of foot bridges in wilderness areas. 

TITLE II—DESIGNATION OF STREAMS FOR WILD AND SCENIC 

RIVER PROTECTION IN THE MOUNT HOOD AREA 

Sec. 201. Purpose. 

Sec. 202. Wild and Scenic River designations, Mount Hood National Forest. 

Sec. 203. Impact on water rights and flow requirements. 

Sec. 204. Culvert replacement. 

Sec. 205. Protection for Hood River, Oregon. 

TITLE III—MOUNT HOOD NATIONAL RECREATION AREA 

Sec. 301. Designation. 

TITLE IV—TRANSPORTATION AND COMMUNICATION SYSTEMS 

Sec. 401. Definition of Mount Hood region. 

Sec. 402. Transportation plan. 

Sec. 403. Study relating to gondola connection and intermodal transportation 

center. 

Sec. 404. Burial of power lines. 

Sec. 405. Clarification of treatment of State highways. 

TITLE V—LAND EXCHANGE 

Subtitle A—Cooper Spur-Government Camp Land Exchange 

Sec. 501. Purposes. 

Sec. 502. Definitions. 

Sec. 503. Cooper Spur-Government Camp land exchange. 

Sec. 504. Concessionaires at the Inn at Cooper Spur and the Cooper Spur Ski 

Area. 

Subtitle B—Port of Cascade Locks Land Exchange 

Sec. 511. Definitions. 

Sec. 512. Land exchange, Port of Cascade Locks-Pacific Crest National Scenic 

Trail. 

Subtitle C—Hunchback Mountain Land Exchange and Boundary Adjustment 

Sec. 521. Definitions. 

Sec. 522. Hunchback Mountain land exchange, Clackamas County. 

Sec. 523. Boundary adjustment. 

TITLE VI—MOUNT HOOD NATIONAL FOREST AND WATERSHED 

STEWARDSHIP 

Sec. 601. Findings and purpose. 


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Sec. 602. Forest stewardship assessment. 

Sec. 603. Sustainable biomass utilization study. 

Sec. 604. Watershed management memoranda of understanding. 

Sec. 605. Termination of authority. 

TITLE VII—CRYSTAL SPRINGS WATERSHED SPECIAL RESOURCES 

MANAGEMENT UNIT 

Sec. 701. Findings and purpose. 

Sec. 702. Establishment of Crystal Springs Watershed Special Resources Management Unit. 

Sec. 703. Administration of Management Unit. 

Sec. 704. Acquisition of lands. 

Sec. 705. Effective date. 

TITLE VIII—LOCAL AND TRIBAL RELATIONSHIPS 

Sec. 801. Findings and purpose. 

Sec. 802. First foods gathering areas. 

Sec. 803. Forest Service coordination with State and local governments. 

Sec. 804. Savings provisions regarding relations with Indian tribes. 

Sec. 805. Improved natural disaster preparedness. 

TITLE IX—RECREATION 

Sec. 901. Findings and purpose. 

Sec. 902. Retention of Mount Hood National Forest land use fees from special 

use authorizations. 

Sec. 903. Use of funds in special account to support recreation. 

Sec. 904. Annual reporting requirement. 

Sec. 905. Mount Hood National Forest Recreational Working Group. 

Sec. 906. Consideration of conversion of forest roads to recreational uses. 

Sec. 907. Improved trail access for persons with disabilities. 

TITLE X—AUTHORIZATION OF APPROPRIATIONS 

Sec. 1001. Authorization of appropriations. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

4 has the meaning given the term in section 4 of the 

5 Indian Self-Determination and Education Assistance 

6 Act (25 U.S.C. 450b). 

7 (2) MOUNTAIN BIKE.—The term ‘‘mountain 

8 bike’’ does not include a motorized vehicle. 


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1 (3) SECRETARY.—The term ‘‘Secretary’’ 

2 means— 

3 (A) when used in reference to Forest Serv4 ice land, the Secretary of Agriculture; and 

5 (B) when used in reference to Bureau of 

6 Land Management land, the Secretary of the 

7 Interior. 

8 (4) STATE.—The term ‘‘State’’ means the State 

9 of Oregon. 

10 TITLE I—DESIGNATION OF 

11 WILDERNESS AREAS 

12 SEC. 101. DESIGNATION OF LEWIS AND CLARK MOUNT 

13 HOOD WILDERNESS AREAS. 

14 In accordance with the Wilderness Act (16 U.S.C. 

15 1131 et seq.), the following areas in the State are des16 ignated as wilderness areas and as components of the Na17 tional Wilderness Preservation System: 

18 (1) BADGER CREEK WILDERNESS ADDITIONS.— 

19 Certain Federal land managed by the Forest Serv20 ice, comprising approximately 4,139 acres, as gen21 erally depicted on the maps entitled ‘‘Badger Creek’’ 

22 and ‘‘Bonney Butte’’, dated February 2007, which 

23 are incorporated in, and considered to be a part of, 

24 the Badger Creek Wilderness, as designated by secVerDate Aug 31 2005 00:26 Feb 21, 2007 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S647.IS S647

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1 tion 3(3) of the Oregon Wilderness Act of 1984 (16 

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

3 (2) BULL OF THE WOODS WILDERNESS ADDI4 TION.—Certain Federal land managed by the Forest 

5 Service, comprising approximately 9,814 acres, as 

6 generally depicted on the map entitled ‘‘Bull of the 

7 Woods’’, dated February 2007, which is incor8 porated in, and considered to be a part of, the Bull 

9 of the Woods Wilderness, as designated by section 

10 3(4) of the Oregon Wilderness Act of 1984 (16 

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

12 (3) CLACKAMAS WILDERNESS.—Certain Federal 

13 land managed by the Forest Service and Bureau of 

14 Land Management, comprising approximately 

15 11,532 acres, as generally depicted on the maps en16 titled ‘‘Clackamas Canyon’’, ‘‘Big Bottom’’, 

17 ‘‘Memaloose Lake’’, ‘‘South Fork Clackamas’’, ‘‘Sisi 

18 Butte’’, and ‘‘Upper Big Bottom’’, dated February 

19 2007, which shall be known as the ‘‘Clackamas Wil20 derness’’. 

21 (4) MARK O. HATFIELD WILDERNESS ADDI22 TIONS.—Certain Federal land managed by the For23 est Service, comprising approximately 25,807 acres, 

24 as generally depicted on the maps entitled ‘‘Gorge 

25 Face’’ and ‘‘Larch Mountain’’, dated February 


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1 2007, which shall be known as the ‘‘Mark O. Hat2 field Wilderness Additions’’. 

3 (5) MOUNT HOOD WILDERNESS ADDITIONS.— 

4 Certain Federal land managed by the Forest Serv5 ice, comprising approximately 20,230 acres, as gen6 erally depicted on the maps entitled ‘‘Elk Cove/ 

7 Mazama’’, ‘‘Sandy Additions’’, ‘‘Tilly Jane’’, ‘‘Sand 

8 Canyon’’, ‘‘Twin Lakes’’, ‘‘Barlow Butte’’, ‘‘White 

9 River’’, and ‘‘Richard L. Kohnstamm Memorial 

10 Area’’, dated February 2007, which are incorporated 

11 in, and considered to be a part of, the Mount Hood 

12 Wilderness as designated under section 3(a) of the 

13 Wilderness Act (16 U.S.C. 1132(a)), and enlarged 

14 by section 3(d) of the Endangered American Wilder15 ness Act of 1978 (16 U.S.C. 1132 note; 92 Stat. 

16 43). 

17 (6) ROARING RIVER WILDERNESS.—Certain 

18 Federal land managed by the Forest Service, com19 prising approximately 37,590 acres, as generally de20 picted on the map entitled ‘‘Roaring River Wilder21 ness’’, dated February 2007, which shall be known 

22 as the ‘‘Roaring River Wilderness’’. 

23 (7) SALMON-HUCKLEBERRY WILDERNESS ADDI24 TIONS.—Certain Federal land managed by the For25 est Service, comprising approximately 16,704 acres, 


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1 as generally depicted on the maps entitled ‘‘Alder 

2 Creek Addition’’, ‘‘Eagle Creek Addition’’, ‘‘Mirror 

3 Lake’’, ‘‘Inch Creek’’, ‘‘Salmon River Meadows’’, 

4 and ‘‘Hunchback Mountain’’, dated February 2007, 

5 which are incorporated in, and considered to be a 

6 part of, the Salmon-Huckleberry Wilderness, as des7 ignated by section 3(2) of the Oregon Wilderness 

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

9 (8) LOWER WHITE RIVER WILDERNESS.—Cer10 tain Federal land managed by the Forest Service 

11 and Bureau of Land Management, comprising ap12 proximately 2,844 acres, as generally depicted on the 

13 map entitled ‘‘Lower White River’’, dated February 

14 2007, which shall be known as the ‘‘Lower White 

15 River Wilderness’’. 

16 SEC. 102. RICHARD L. KOHNSTAMM MEMORIAL AREA. 

17 (a) DESIGNATION.—Certain Federal land managed 

18 by the Forest Service, as generally depicted on the map 

19 entitled ‘‘Richard L. Kohnstamm Wilderness’’, dated Feb20 ruary 2007, and including approximately 157 acres of des21 ignated wilderness, as generally depicted on the map enti22 tled ‘‘Richard L. Kohnstamm Wilderness’’, dated Feb23 ruary 2007, shall be known and designated as the ‘‘Rich24 ard L. Kohnstamm Wilderness’’. 


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1 (b) REFERENCES.—Any reference in a law, map, reg2 ulation, document, paper, or other record of the United 

3 States to an area described in subsection (a) shall be 

4 deemed to be a reference to the Richard L. Kohnstamm 

5 Wilderness. 

6 (c) BOUNDARY.— 

7 (1) IN GENERAL.—The memorial area shall 

8 consist of land located within the boundary depicted 

9 on the map entitled ‘‘Richard L. Kohnstamm Wil10 derness’’, dated February 2007. 

11 (2) AVAILABILITY OF MAP.—The map shall be 

12 on file and available for public inspection in the ap13 propriate offices of the Forest Service. 

14 SEC. 103. MAP AND LEGAL DESCRIPTIONS. 

15 (a) IN GENERAL.—As soon as practicable after the 

16 date of enactment of this Act, the Secretary shall file a 

17 map entitled ‘‘Lewis and Clark Mount Hood Wilderness 

18 Additions of 2007’’, dated February 2007, and a legal de19 scription of each wilderness area designated by this title, 

20 with— 

21 (1) the Committee on Energy and Natural Re22 sources of the Senate; and 

23 (2) the Committee on Natural Resources of the 

24 House of Representatives. 


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1 (b) FORCE OF LAW.—The map and legal descriptions 

2 filed under subsection (a) shall have the same force and 

3 effect as if included in this Act, except that the Secretary 

4 may correct typographical errors in the map and each 

5 legal description. 

6 (c) PUBLIC AVAILABILITY.—Each map and legal de7 scription filed under subsection (a) shall be on file and 

8 available for public inspection in the appropriate offices 

9 of the Forest Service and Bureau of Land Management. 

10 (d) DESCRIPTION OF LANDS.—The boundaries of the 

11 areas designated as wilderness by section 101 where gen12 erally depicted on the map as immediately adjacent to a 

13 utility right of way or a Federal Energy Regulatory Com14 mission project boundary shall be 100 feet from the 

15 boundary of the right of way. 

16 SEC. 104. ADMINISTRATION. 

17 (a) IN GENERAL.—Subject to valid existing rights, 

18 each area designated as wilderness by this Act shall be 

19 administered by the Secretary in accordance with the Wil20 derness Act (16 U.S.C. 1131 et seq.), except that— 

21 (1) any reference in that Act to the effective 

22 date shall be considered to be a reference to the date 

23 of enactment of this Act; and 

24 (2) any reference in that Act to the Secretary 

25 of Agriculture shall be considered to be a reference 


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1 to the Secretary that has jurisdiction over the wil2 derness. 

3 (b) CONSISTENT INTERPRETATION TO THE PUB4 LIC.—Notwithstanding their separate jurisdictions, the 

5 Secretary of Agriculture and the Secretary of the Interior 

6 shall collaborate to ensure that the wilderness areas des7 ignated by this title, if appropriate, are interpreted for the 

8 public as an overall complex related by— 

9 (1) common location in the Mount Hood-Co10 lumbia River Gorge region; 

11 (2) the abundant history of Native American 

12 use; 

13 (3) the epic journey of Lewis and Clark; 

14 (4) the pioneer settlement and growth of the 

15 State; and 

16 (5) water sources for more than 40 percent of 

17 the residents of the State. 

18 (c) INCORPORATION OF ACQUIRED LAND AND INTER19 ESTS.—Any land within the boundary of a wilderness area 

20 designated by this Act that is acquired by the Federal 

21 Government shall— 

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

23 the land is located; and 


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1 (2) be managed in accordance with this Act, the 

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

3 other applicable law. 

4 (d) WILDERNESS AREAS DESIGNATED IN NATIONAL

5 RECREATION AREAS.—Any portion of a wilderness area 

6 designated by section 101(a) that is located within a na7 tional recreation area shall be administrated in accordance 

8 with the Wilderness Act (16 U.S.C. 1131 et seq.). 

9 SEC. 105. BUFFER ZONES. 

10 (a) IN GENERAL.—As provided in the Oregon Wilder11 ness Act of 1984 (16 U.S.C. 1132 note; Public Law 98– 

12 328), Congress does not intend for designation of wilder13 ness areas in the State under this title to lead to the cre14 ation of protective perimeters or buffer zones around each 

15 wilderness area. 

16 (b) ACTIVITIES OR USES UP TO BOUNDARIES.—The 

17 fact that nonwilderness activities or uses can be seen or 

18 heard from within a wilderness area shall not, of itself, 

19 preclude the activities or uses up to the boundary of the 

20 wilderness area. 

21 SEC. 106. FIRE SAFE COMMUNITY ZONES. 

22 Consistent with the Mount Hood National Forest 

23 Management Plan and the Healthy Forests Restoration 

24 Act of 2003 (16 U.S.C. 6501 et seq.), the Secretary shall 

25 construct a strategic system of defensible fuel profile zones 


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1 (including shaded fuelbreaks, thinning, individual tree se2 lection, and other methods of vegetation management) be3 tween the wilderness boundary and the community bound4 ary around Cascade Locks and Government Camp. 

5 SEC. 107. FISH AND WILDLIFE; HUNTING AND FISHING. 

6 As provided in section 4(d)(7) of the Wilderness Act 

7 (16 U.S.C. 1133(d)(7)), nothing in this section shall be 

8 construed as affecting the jurisdiction or responsibilities 

9 of the State with respect to fish and wildlife in the State. 

10 SEC. 108. FIRE, INSECTS, AND DISEASES. 

11 As provided in section 4(d)(1) of the Wilderness Act 

12 (16 U.S.C. 1133(d)(1)), within the wilderness areas des13 ignated by this Act, the Secretary of Agriculture (in col14 laboration with the Secretary of the Interior, where appro15 priate) may take such measures as are necessary to con16 trol fire, insects, and diseases, subject to such terms and 

17 conditions as the Secretary of Agriculture (in collaboration 

18 with the Secretary of the Interior where appropriate) de19 termines to be desirable and appropriate. 

20 SEC. 109. LAND RECLASSIFICATION. 

21 (a) OREGON AND CALIFORNIA RAILROAD LAND.— 

22 Not later than 180 days after the date of enactment of 

23 this Act, the Secretary of Agriculture and the Secretary 

24 of the Interior shall identify any Oregon and California 

25 Railroad Land that is subject to section 201 of the Act 


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1 of August 28, 1937 (43 U.S.C. 1181f), within the bound2 ary of the Clackamas Wilderness, as generally depicted on 

3 the map entitled ‘‘South Fork Clackamas’’, dated Feb4 ruary 2007. 

5 (b) PUBLIC DOMAIN LAND.— 

6 (1) DEFINITION OF PUBLIC DOMAIN LAND.—In 

7 this section, the term ‘‘public domain land’’— 

8 (A) has the meaning given the term ‘‘pub9 lic land’’ in section 103 of the Federal Land 

10 Policy and Management Act of 1976 (43 U.S.C. 

11 1702); and 

12 (B) does not include any land managed 

13 under the Act of August 28, 1937 (43 U.S.C. 

14 1181a et seq.). 

15 (2) IDENTIFICATION.—Not later than 180 days 

16 after the date of enactment of this Act, the Sec17 retary of the Interior shall identify public domain 

18 land within the State that— 

19 (A) is approximately equal in acreage of 

20 land described in subsection (a); and 

21 (B) would be appropriate for administra22 tion in accordance with the Act of August 28, 

23 1937 (43 U.S.C. 1181a et seq.). 

24 (3) MAPS.—Not later than 180 days after the 

25 date of enactment of this Act, the Secretary of the 


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1 Interior shall submit to Congress and publish in the 

2 Federal Register, 1 or more maps depicting the land 

3 identified under subsections (a) and this subsection. 

4 (4) RECLASSIFICATION.—After providing an op5 portunity for public comment, the Secretary of the 

6 Interior shall administratively reclassify— 

7 (A) the land described in subsection (a) as 

8 public domain land that is not subject to sec9 tion 201 of the Act of August 28, 1937 (43 

10 U.S.C. 1181f); and 

11 (B) the land described in this subsection as 

12 Oregon and California Railroad Land that is 

13 subject to the Act of August 28, 1937 (43 

14 U.S.C. 1181a et seq.). 

15 SEC. 110. VALID EXISTING RIGHTS AND WITHDRAWAL. 

16 Subject to valid rights in existence on the date of en17 actment of this Act, the Federal land designated as wilder18 ness by this Act 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 SEC. 111. MAINTENANCE AND REPLACEMENT OF FOOT 

2 BRIDGES IN WILDERNESS AREAS. 

3 (a) IN GENERAL.—In the case of each wilderness 

4 area designated or expanded by section 102, it is the in5 tent of Congress that the Secretary be able to provide 

6 for— 

7 (1) the maintenance of any foot bridge crossing 

8 located in a wilderness area; and 

9 (2) when needed, the replacement of the foot 

10 bridge crossings to ensure public access and safety. 

11 (b) MINIMUM TOOL POLICIES.—The Secretary shall 

12 carry out foot bridge replacement and maintenance work 

13 under subsection (a) subject to the minimum requirement 

14 for the administration of the area. 

15 TITLE II—DESIGNATION OF 

16 STREAMS FOR WILD AND SCE17 NIC RIVER PROTECTION IN 

18 THE MOUNT HOOD AREA 

19 SEC. 201. PURPOSE. 

20 The purpose of this title is to designate approxi21 mately 81 miles of waterways in the Mount Hood National 

22 Forest as additions to the National Wild and Scenic Riv23 ers System. 


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

2 HOOD NATIONAL FOREST. 

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

4 U.S.C. 1274(a)) is amended— 

5 (1) by redesignating paragraph (167) (relating 

6 to the Musconetcong River, New Jersey) as para7 graph (169); 

8 (2) by designating the undesignated paragraph 

9 relating to the White Salmon River, Washington, as 

10 paragraph (167); 

11 (3) by designating the undesignated paragraph 

12 relating to the Black Butte River, California, as 

13 paragraph (168); and 

14 (4) by adding at the end the following: 

15 ‘‘(170) SOUTH FORK CLACKAMAS RIVER.—The 

16 4.2-mile segment of the South Fork Clackamas 

17 River from its confluence with the East Fork of the 

18 South Fork Clackamas to its confluence with the 

19 Clackamas River, to be administered by the Sec20 retary as a wild river. 

21 ‘‘(171) EAGLE CREEK.—The 8.3-mile segment 

22 of Eagle Creek from its headwaters to the Mount 

23 Hood National Forest boundary, to be administered 

24 by the Secretary of Agriculture as a wild river. 

25 ‘‘(172) MIDDLE FORK HOOD RIVER.—The 3.7- 

26 mile segment of the Middle Fork Hood River from 


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1 the confluence of Clear and Coe Branches to the 

2 north section line of section 11, township 1 south, 

3 range 9 east, to be administered by the Secretary of 

4 Agriculture as a scenic river. 

5 ‘‘(173) SOUTH FORK ROARING RIVER.—The 

6 4.6-mile segment of the South Fork Roaring River 

7 from its headwaters to its confluence with Roaring 

8 River, to be administered by the Secretary of Agri9 culture as a wild river. 

10 ‘‘(174) ZIG ZAG RIVER.—The 2.9-mile segment 

11 of the Zig Zag River from its headwaters to the 

12 Mount Hood Wilderness boundary, to be adminis13 tered by the Secretary of Agriculture as a wild river. 

14 ‘‘(175) FIFTEENMILE CREEK.— 

15 ‘‘(A) IN GENERAL.—The 11.1-mile seg16 ment of Fifteenmile Creek from its source at 

17 Senecal Spring to the eastern edge of the north18 west quarter of section 20, township 2 south, 

19 range 12 east, to be administered by the Sec20 retary of Agriculture in the following classes: 

21 ‘‘(i) the 2.6-mile segment from its 

22 source at Senecal Spring to the Badger 

23 Creek Wilderness boundary, as a wild 

24 river; 


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1 ‘‘(ii) the 0.4-mile segment from the 

2 Badger Creek Wilderness boundary to the 

3 point 0.4 miles downstream, as a scenic 

4 river; 

5 ‘‘(iii) the 7.9-mile segment from the 

6 point 0.4 miles downstream of the Badger 

7 Creek Wilderness boundary to the western 

8 edge of section 20, township 2 south, 

9 range 12 east as a wild river; and 

10 ‘‘(iv) the 0.2-mile segment from the 

11 western edge of section 20, township 2 

12 south, range 12 east, to the eastern edge 

13 of the northwest quarter of the northwest 

14 quarter of section 20, township 2 south, 

15 range 12 east as a scenic river. 

16 ‘‘(B) INCLUSIONS.—Notwithstanding sec17 tion 3(b) of this Act, the lateral boundaries of 

18 both the wild river area and the scenic river 

19 area along Fifteenmile Creek shall include an 

20 average of not more than 640 acres per mile 

21 measured from the ordinary high water mark 

22 on both sides of the river. 

23 ‘‘(176) EAST FORK HOOD RIVER.—The 13.5- 

24 mile segment of the East Fork Hood River from Or25 egon State Highway 35 to the Mount Hood National 


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1 Forest boundary, to be administered by the Sec2 retary of Agriculture as a recreational river. 

3 ‘‘(177) COLLAWASH RIVER.—The 17.8-mile 

4 segment of the Collawash River from the headwaters 

5 of the East Fork Collawash to the confluence of the 

6 mainstream of the Collawash River with the 

7 Clackamas River, to be administered in the following 

8 classes: 

9 ‘‘(A) the 11.0-mile segment from the head10 waters of the East Fork Collawash River to 

11 Buckeye Creek, as a scenic river; and 

12 ‘‘(B) the 6.8-mile segment from Buckeye 

13 Creek to the Clackamas River, as a recreational 

14 river. 

15 ‘‘(178) FISH CREEK.—The 13.5-mile segment 

16 of Fish Creek from its headwaters to the confluence 

17 with the Clackamas River, to be administered by the 

18 Secretary of Agriculture as a recreational river.’’. 

19 SEC. 203. IMPACT ON WATER RIGHTS AND FLOW REQUIRE20 MENTS. 

21 (a) RELATION TO EXISTING REQUIREMENTS.—Con22 gress does not intend for the designation of any portion 

23 of the Hood River under section 3(a) of the Wild and Sce24 nic Rivers Act (16 U.S.C. 1274(a)), as amended by this 


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1 Act, to have any impact on any water right or flow re2 quirement relating to— 

3 (1) the Middle Fork Irrigation District; 

4 (2) the East Fork Irrigation District; or 

5 (3) the Mt. Hood Meadows Ski Resort. 

6 (b) EXCLUSION OF OPERATIONAL AREAS.—Congress 

7 does not intend for the designation of any portion of the 

8 Hood River under section 3(a) of the Wild and Scenic Riv9 ers Act (16 U.S.C. 1274(a)), as amended by this Act, to 

10 include any portion of the operational area of— 

11 (1) the Middle Fork Irrigation District; 

12 (2) the East Fork Irrigation District; or 

13 (3) the Mt. Hood Meadows Ski Resort. 

14 SEC. 204. CULVERT REPLACEMENT. 

15 Culvert replacement carried out by the Forest Service 

16 or the Bureau of Land Management to improve fish pas17 sage and the ecology of the wilderness designated by this 

18 Act shall not be considered water and resource develop19 ment. 

20 SEC. 205. PROTECTION FOR HOOD RIVER, OREGON. 

21 Section 13(a)(4) of the ‘‘Columbia River Gorge Na22 tional Scenic Area Act’’ (16 U.S.C. 544k(a)(4)) is amend23 ed by striking ‘‘for a period not to exceed twenty years 

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


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1 TITLE III—MOUNT HOOD 

2 NATIONAL RECREATION AREA 

3 SEC. 301. DESIGNATION. 

4 (a) DESIGNATION.—In order to best provide for the 

5 protection, preservation, and enhancement of its rec6 reational, ecological, scenic, watershed, and fish and wild7 life values, there is hereby established the Mount Hood 

8 National Recreation Area within the Mount Hood Na9 tional Forest. 

10 (b) BOUNDARY.—The Mount Hood National Recre11 ation Area shall consist of land located within the bound12 ary depicted on the map entitled ‘‘Mount Hood National 

13 Recreation Area’’ and dated February 2007. 

14 (c) AVAILABILITY OF MAP.—The map shall be on file 

15 and available for public inspection in the appropriate of16 fices of the Forest Service and Bureau of Land Manage17 ment. 

18 (d) ADMINISTRATION.—The Secretary shall admin19 ister the Mount Hood National Recreation Area in accord20 ance with the laws, rules and regulations applicable to the 

21 national forests and the purposes and values identified in 

22 subsection (a). The Secretary shall only allow such uses 

23 as are consistent with the purposes and values identified 

24 in subsection (a). 


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1 (e) TIMBER.—The cutting, sale, or removal of timber 

2 within the Mount Hood National Recreation Area may be 

3 permitted— 

4 (1) to the extent necessary to improve the 

5 health of the forest in a manner that— 

6 (A) maximizes the retention of large trees 

7 as appropriate to the forest type, to the extent 

8 that those trees promote stands that are fire-re9 silient and healthy; 

10 (B) improves the habitats of threatened, 

11 endangered, proposed, or sensitive species; or 

12 (C) maintains or restores the composition 

13 and structure of the ecosystem by reducing the 

14 risk of uncharacteristic wildfire effects; 

15 (2) to accomplish an approved management ac16 tivity in furtherance of the purposes established by 

17 this subsection, if the cutting, sale, or removal of 

18 timber is incidental to the management activity; or 

19 (3) for de minimus personal or administrative 

20 use within the Mount Hood National Recreation 

21 Area, where such use will not impair the purposes 

22 established by this subsection. 

23 (f) ROAD CONSTRUCTION.—No new or temporary 

24 roads are to be constructed or reconstructed except where 

25 it is required— 


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1 (1) to protect the health and safety of individ2 uals in cases of an imminent threat of flood, fire, or 

3 any other catastrophic event that, without interven4 tion, would cause the loss of life or property; 

5 (2) to conduct environmental cleanup required 

6 by the Federal Government; 

7 (3) to allow for reserved or outstanding rights 

8 provided for by a statute or treaty; 

9 (4) to prevent irreparable resource damage by 

10 an existing road; 

11 (5) to rectify a hazardous road condition; or 

12 (6) in conjunction with— 

13 (A) the continuation, extension, or renewal 

14 of a mineral lease on land that is under lease; 

15 or 

16 (B) a new mineral lease that is issued im17 mediately after the expiration of an existing 

18 mineral lease. 

19 TITLE IV—TRANSPORTATION 

20 AND COMMUNICATION SYSTEMS 

21 SEC. 401. DEFINITION OF MOUNT HOOD REGION. 

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

23 (1) Mount Hood and the other land located ad24 jacent to the mountain; 


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1 (2) any segment of the Oregon State Highway 

2 26 corridor that is located in or near Mount Hood 

3 National Forest; 

4 (3) any segment of the Oregon State Highway 

5 35 corridor that is located in or near Mount Hood 

6 National Forest; 

7 (4) each other road of the Forest Service, 

8 State, or county that is located in and near Mount 

9 Hood National Forest; and 

10 (5) any gateway community located adjacent to 

11 any highway or road described in paragraph (2), (3), 

12 or (4). 

13 SEC. 402. TRANSPORTATION PLAN. 

14 (a) IN GENERAL.—The Secretary shall participate 

15 with the State, local governments, and other Federal agen16 cies in the development of an integrated, multimodal 

17 transportation plan for the Mount Hood region to achieve 

18 comprehensive solutions to transportation challenges in 

19 the Mount Hood region— 

20 (1) to promote appropriate economic develop21 ment; 

22 (2) to preserve the landscape of the Mount 

23 Hood region; and 

24 (3) to enhance public safety. 


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1 (b) PLANNING PROCESS.—The transportation plan 

2 under subsection (a) shall— 

3 (1) conform with Federal and Oregon transpor4 tation planning requirements; and 

5 (2) be developed through a collaborative proc6 ess, preferably through the use of a commission 

7 composed of interested persons appointed by the 

8 State, with representation from the Forest Service 

9 and local governments in the Mount Hood region. 

10 (c) SCOPE OF PLAN.—The transportation plan under 

11 subsection (a) shall address issues relating to— 

12 (1) the transportation of individuals to and 

13 from areas outside the Mount Hood region on major 

14 corridors traversing that region; and 

15 (2) the transportation of individuals to and 

16 from locations that are located within the Mount 

17 Hood region. 

18 (d) CONTENTS OF PLAN.—At a minimum, the trans19 portation plan under subsection (a) shall consider— 

20 (1) transportation alternatives between and 

21 among recreation areas and gateway communities 

22 that are located within the Mount Hood region; 

23 (2) establishing park-and-ride facilities that 

24 shall be located at gateway communities; 


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1 (3) establishing intermodal transportation cen2 ters to link public transportation, parking, and 

3 recreation destinations; 

4 (4) creating a new interchange on Oregon State 

5 Highway 26 that shall be located adjacent to or 

6 within Government Camp; 

7 (5) designating, maintaining, and improving al8 ternative routes using Forest Service or State roads 

9 for— 

10 (A) providing emergency routes; or 

11 (B) improving access to, and travel within, 

12 the Mount Hood region; 

13 (6) reconstructing the segment of Oregon State 

14 Highway 35 that is located between Mineral Creek 

15 and Baseline Road to address ongoing debris flow lo16 cations; and 

17 (7) creating mechanisms for funding the imple18 mentation of the transportation plan under sub19 section (a), including— 

20 (A) funds provided by the Federal Govern21 ment; 

22 (B) public-private partnerships; 

23 (C) incremental tax financing; and 


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1 (D) other financing tools that link trans2 portation infrastructure improvements with de3 velopment. 

4 (e) COMPLETION OF PLAN.—Not later than 2 years 

5 after the date on which funds are first made available to 

6 carry out this section, the Secretary shall complete the 

7 transportation plan under subsection (a). 

8 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to carry out this section 

10 $2,000,000. 

11 SEC. 403. STUDY RELATING TO GONDOLA CONNECTION 

12 AND INTERMODAL TRANSPORTATION CEN13 TER. 

14 (a) FEASIBILITY STUDY.—The Oregon Department 

15 of Transportation, along with the participation of the Sec16 retary, shall carry out a study of the feasibility of estab17 lishing— 

18 (1) a gondola connection that— 

19 (A) connects Timberline Lodge to Govern20 ment Camp; and 

21 (B) is located in close proximity to the site 

22 of the historic gondola corridor; and 

23 (2) an intermodal transportation center to be 

24 located in close proximity to Government Camp. 


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1 (b) CONSIDERATION OF MULTIPLE SITES.—In car2 rying out the feasibility study under subsection (a), the 

3 Secretary may consider 1 or more sites. 

4 (c) RELIANCE ON PAST STUDIES.—To the extent 

5 that prior studies have been completed that can assist in 

6 the assessment of the Gondola connection, those may be 

7 utilized. 

8 SEC. 404. BURIAL OF POWER LINES. 

9 Because of the incongruent presence of power lines 

10 adjacent to wilderness areas, the Secretary may provide 

11 to Cascade Locks and Hood River County funds through 

12 the Forest Service State and Private Forestry program 

13 to bury ground power lines adjacent to the Mount Hood 

14 wilderness areas, including wilderness areas designated by 

15 this Act. 

16 SEC. 405. CLARIFICATION OF TREATMENT OF STATE HIGH17 WAYS. 

18 (a) EXCLUSION.—Any part of Oregon State Highway 

19 35 or other any other State highway in existence on the 

20 date of enactment of this Act (including all existing rights21 of-way and 150 feet on each side of the centerline, which22 ever is greater, that is adjacent to wilderness areas in the 

23 Mount Hood National Forest, including wilderness areas 

24 designated by this Act) shall be excluded from wilderness 

25 under this Act. 


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1 (b) NO NET EFFECT.—The designation of wilderness 

2 or wild and scenic rivers under this Act or an amendment 

3 made by this Act shall not limit or restrict the ability of 

4 the State, and in consultation with the Forest Service— 

5 (1) to operate, maintain, repair, reconstruct, 

6 protect, realign, expand capacity, or make any other 

7 improvement to Oregon State Highway 35 or any 

8 other State highway in existence on the date of en9 actment of this Act; 

10 (2) to use any site that is not within a highway 

11 right-of-way to operate, maintain, repair, recon12 struct, protect, realign, expand capacity, or make 

13 any other improvement to those highways; or 

14 (3) to take any action outside of a highway 

15 right-of-way that is necessary to operate, maintain, 

16 repair, reconstruct, protect, realign, expand capacity, 

17 or make any other improvement to those highways. 

18 (c) FLOOD PLAIN.—Congress encourages the car19 rying out of projects that will reduce the impact of Oregon 

20 State Highway 35 on the flood plain of the East Fork 

21 Hood River. 


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1 TITLE V—LAND EXCHANGE 

2 Subtitle A—Cooper Spur3 Government Camp Land Exchange 

4 SEC. 501. PURPOSES. 

5 The purposes of this subtitle are— 

6 (1) to recognize the years of work by local resi7 dents and political and business leaders from 

8 throughout the States of Oregon and Washington to 

9 protect the north side of Mount Hood; and 

10 (2) to authorize the exchange of the Federal 

11 land and non-Federal land. 

12 SEC. 502. DEFINITIONS. 

13 In this subtitle: 

14 (1) COUNTY.—The term ‘‘County’’ means Hood 

15 River County, Oregon. 

16 (2) EXCHANGE MAP.—The term ‘‘exchange 

17 map’’ means the map entitled ‘‘Cooper Spur-Govern18 ment Camp Land Exchange’’ and dated September 

19 2006. 

20 (3) FEDERAL LAND.—The term ‘‘Federal land’’ 

21 means— 

22 (A) the parcel of approximately 80 acres of 

23 National Forest System land in Mount Hood 

24 National Forest in Government Camp, 


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1 Clackamas County, Oregon, as depicted on the 

2 exchange map; and 

3 (B) the parcel of approximately 40 acres of 

4 National Forest System land in Mount Hood 

5 National Forest in Government Camp, 

6 Clackamas County, Oregon, as depicted on the 

7 exchange map. 

8 (4) MT. HOOD MEADOWS.—The term ‘‘Mt. 

9 Hood Meadows’’ means the Mt. Hood Meadows 

10 Oreg., Limited Partnership. 

11 (5) NON-FEDERAL LAND.—The term ‘‘non-Fed12 eral land’’ means— 

13 (A) the parcel of approximately 770 acres 

14 of private land at Cooper Spur, as depicted on 

15 the exchange map; 

16 (B) any buildings, furniture, fixtures, and 

17 equipment at the Inn at Cooper Spur and the 

18 Cooper Spur Ski Area covered by an appraisal 

19 described in section 503(d). 

20 (6) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Agriculture. 

22 (7) TRAIL MAP.—The term ‘‘trail map’’ means 

23 the map entitled ‘‘Government Camp Trail Map’’ 

24 and dated September 2006. 


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1 SEC. 503. COOPER SPUR-GOVERNMENT CAMP LAND EX2 CHANGE. 

3 (a) CONVEYANCE OF FEDERAL LAND.—Subject to 

4 the provisions of this section, if Mt. Hood Meadows offers 

5 to convey to the United States all right, title, and interest 

6 of Mt. Hood Meadows in and to the non-Federal land, the 

7 Secretary shall convey to Mt. Hood Meadows all right, 

8 title, and interest of the United States in and to the Fed9 eral land (other than any easements reserved under sub10 section (g)). 

11 (b) CONDITIONS ON ACCEPTANCE.—Title to the non12 Federal land to be acquired by the Secretary under this 

13 section must be acceptable to the Secretary, and the con14 veyances shall be subject to valid existing rights of record 

15 and such terms and conditions the Secretary may pre16 scribe. The non-Federal land shall conform with the title 

17 approval standards applicable to Federal land acquisi18 tions. 

19 (c) APPLICABLE LAW.—Except as otherwise provided 

20 in this section, the Secretary shall carry out the land ex21 change under this section in accordance with section 206 

22 of the Federal Land Policy and Management Act of 1976 

23 (43 U.S.C. 1716). 

24 (d) APPRAISALS.— 

25 (1) IN GENERAL.—As soon as practicable after 

26 the date of enactment of this Act, the Secretary 


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1 shall select an appraiser to conduct an appraisal of 

2 the Federal land and non-Federal land. 

3 (2) REQUIREMENTS.—An appraisal under para4 graph (1) shall— 

5 (A) be conducted in accordance with na6 tionally recognized appraisal standards, includ7 ing— 

8 (i) the Uniform Appraisal Standards 

9 for Federal Land Acquisitions developed by 

10 the Interagency Land Acquisition Con11 ference; and 

12 (ii) the Uniform Standards of Profes13 sional Appraisal Practice; 

14 (B) incorporate the dates of the appraisals 

15 of the Federal land and non-Federal land per16 formed in 2005 by Appraiser Steven A. Hall, 

17 MAI, CCIM; and 

18 (C) be approved by the Secretary, the 

19 County, and Mt. Hood Meadows. 

20 (e) SURVEYS.— 

21 (1) IN GENERAL.—The exact acreage and legal 

22 description of the Federal land and non-Federal land 

23 shall be determined by surveys approved by the Sec24 retary. 


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1 (2) COSTS.—The responsibility for the costs of 

2 any surveys conducted under paragraph (1), and any 

3 other administrative costs of carrying out the land 

4 exchange, shall be determined by the Secretary and 

5 the County. 

6 (f) DEADLINE FOR COMPLETION OF LAND EX7 CHANGE.—It is the intent of Congress that, not later than 

8 16 months after the date of enactment of this Act, the 

9 Secretary shall— 

10 (1) complete all legal and regulatory processes 

11 required for the exchange of the Federal land and 

12 the non-Federal land; and 

13 (2) close on the Federal land and the non-Fed14 eral land. 

15 (g) RESERVATION OF EASEMENTS.—As a condition 

16 of the conveyance of the Federal land, the Secretary shall 

17 reserve— 

18 (1) a conservation easement to the Federal land 

19 to protect existing wetland on the conveyed parcels, 

20 as identified by the Oregon Department of State 

21 Lands, that allows equivalent wetland mitigation 

22 measures to compensate for minor wetland encroach23 ments necessary for the orderly development of the 

24 Federal land; and 


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1 (2) a trail easement to the Federal land that al2 lows— 

3 (A) the nonmotorized functional use by the 

4 public of identified existing trails located on the 

5 Federal land, as depicted on the trail map; 

6 (B) roads, utilities, and infrastructure fa7 cilities to cross the trails; and 

8 (C) improvement or relocation of the trails 

9 to accommodate development of the Federal 

10 land. 

11 SEC. 504. CONCESSIONAIRES AT THE INN AT COOPER SPUR 

12 AND THE COOPER SPUR SKI AREA. 

13 (a) PROSPECTUS.—Not later than 60 days after the 

14 date on which the land exchange is completed under sec15 tion 503, the Secretary shall publish in the Federal Reg16 ister a proposed prospectus to solicit 1 or more new con17 cessionaires for the Inn at Cooper Spur and the Cooper 

18 Spur Ski Area, as reconfigured in accordance with the ex19 change map. 

20 (b) COMPETITIVE PROCESS.—Prospective conces21 sionaires shall submit bids to compete for the right to op22 erate the Inn at Cooper Spur, the Cooper Spur Ski Area, 

23 or both the Inn and the Ski Area. 

24 (c) CONSIDERATIONS.—In selecting a concessionaire, 

25 the Secretary shall consider— 


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1 (1) which bid is highest in terms of monetary 

2 value; and 

3 (2) other attributes of the bids submitted. 

4 (d) CONSULTATION.—The Secretary shall consult 

5 with Mt. Hood Meadows, Meadows North, LLC, North 

6 Face Inn, LLC, the Hood River Valley Residents Com7 mittee, the Cooper Spur Wild and Free Coalition, and the 

8 Hood River County Commission— 

9 (1) in selecting a new concessionaire for the Inn 

10 at Cooper Spur and the Cooper Spur Ski Area; and 

11 (2) in preparing for the orderly and smooth 

12 transition of the operation of the Inn at Cooper 

13 Spur and the Cooper Spur Ski Area to the new con14 cessionaire. 

15 (e) TREATMENT OF PROCEEDS.—Any amounts re16 ceived under a concession contract under this section 

17 shall— 

18 (1) be deposited in the fund established under 

19 Public Law 90–171 (commonly known as the ‘‘Sisk 

20 Act’’) (16 U.S.C. 484a); and 

21 (2) remain available to the Secretary until ex22 pended, without further appropriation, for use in the 

23 Mount Hood National Forest, with priority given to 

24 using amounts in the Hood River Ranger District 


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1 for restoration projects on the North side of Mount 

2 Hood. 

3 (f) ALTERNATIVE CONVEYANCE AND SPECIAL USE

4 PERMIT.— 

5 (1) IN GENERAL.—If the Secretary has not se6 lected a concessionaire for the Inn at Cooper Spur 

7 and the Cooper Spur Ski Area by the date that is 

8 1 year after the date on which the prospectus is 

9 published under subsection (a), the Secretary may— 

10 (A) convey to the County, without consid11 eration, the improvements described in section 

12 502(5)(B); or 

13 (B) continue to allow Mt. Hood Meadows 

14 to operate as the concessionaire while the Sec15 retary continues to seek an alternate conces16 sionaire. 

17 (2) SPECIAL USE PERMIT.—If the Secretary 

18 conveys improvements to the County under para19 graph (1)(A), the Secretary shall issue to the County 

20 a special use permit that would allow reasonable ac21 cess to, and management of, the improvements 

22 under terms similar to the Cooper Spur Ski Area 

23 Special Use Permit. 


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1 Subtitle B—Port of Cascade Locks 

2 Land Exchange 

3 SEC. 511. DEFINITIONS. 

4 In this subtitle: 

5 (1) EXCHANGE MAP.—The term ‘‘exchange 

6 map’’ means the map entitled ‘‘Port of Cascade 

7 Locks-Pacific Crest National Scenic Trail Land Ex8 change’’ and dated June 2006. 

9 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

10 means the parcel of land consisting of approximately 

11 10 acres of National Forest System land in the Co12 lumbia River Gorge National Scenic Area, as de13 picted on the exchange map. 

14 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed15 eral land’’ means the parcel of land consisting of ap16 proximately 40 acres, as depicted on the exchange 

17 map. 

18 (4) PORT.—The term ‘‘Port’’ means the Port of 

19 Cascade Locks, Cascade Locks, Oregon. 

20 (5) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Agriculture. 

22 SEC. 512. LAND EXCHANGE, PORT OF CASCADE LOCKS-PA23 CIFIC CREST NATIONAL SCENIC TRAIL. 

24 (a) CONVEYANCE REQUIRED.—Subject to the provi25 sions of this section, if the Port offers to convey to the 


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

2 and to the non-Federal land, the Secretary shall convey 

3 to the Port all right, title, and interest of the United 

4 States in and to the Federal land. 

5 (b) COMPLIANCE WITH EXISTING LAW.—Except as 

6 otherwise provided in this section, the Secretary shall 

7 carry out the land exchange under this section in the man8 ner provided in section 206 of the Federal Land Policy 

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

10 (c) CONDITIONS ON ACCEPTANCE.—Title to the non11 Federal land to be acquired by the Secretary under this 

12 section must be acceptable to the Secretary, and the con13 veyances shall be subject to valid existing rights of record 

14 and such terms and conditions the Secretary may pre15 scribe. The non-Federal land shall conform with the title 

16 approval standards applicable to Federal land acquisi17 tions. 

18 (d) SURVEYS.— 

19 (1) IN GENERAL.—The exact acreage and legal 

20 description of the Federal land and non-Federal land 

21 shall be determined by surveys approved by the Sec22 retary. 

23 (2) COSTS.—The responsibility for the costs of 

24 any surveys conducted under paragraph (1), and any 

25 other administrative costs of carrying out the land 


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1 exchange, shall be determined by the Secretary and 

2 the Port. 

3 (e) DEADLINE FOR COMPLETION OF LAND EX4 CHANGE.—It is the intent of Congress that, not later than 

5 16 months after the date of enactment of this Act, the 

6 Secretary shall— 

7 (1) complete all legal and regulatory processes 

8 required for the exchange of the Federal land and 

9 the non-Federal land; and 

10 (2) close on the Federal land and the non-Fed11 eral land. 

12 Subtitle C—Hunchback Mountain 

13 Land Exchange and Boundary 

14 Adjustment 

15 SEC. 521. DEFINITIONS. 

16 In this subtitle: 

17 (1) BOUNDARY EXTENSION MAP.—The term 

18 ‘‘boundary extension map’’ means the map entitled 

19 ‘‘Mount Hood National Forest Hunchback Exchange 

20 Boundary Adjustment’’ and dated January 2007. 

21 (2) COUNTY.—The term ‘‘County’’ means 

22 Clackamas County, Oregon. 

23 (3) EXCHANGE MAP.—The term ‘‘exchange 

24 map’’ means the map entitled ‘‘Hunchback MounVerDate Aug 31 2005 00:26 Feb 21, 2007 Jkt 059200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S647.IS S647

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1 tain Land Exchange-Clackamas County’’ and dated 

2 June 2006. 

3 (4) FEDERAL LAND.—The term ‘‘Federal land’’ 

4 means the parcel of land consisting of approximately 

5 160 acres of National Forest System land in the 

6 Mount Hood National Forest, as depicted on the ex7 change map. 

8 (5) NON-FEDERAL LAND.—The term ‘‘non-Fed9 eral land’’ means the parcel of land consisting of ap10 proximately 160 acres, as depicted on the exchange 

11 map. 

12 (6) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Agriculture. 

14 SEC. 522. HUNCHBACK MOUNTAIN LAND EXCHANGE, 

15 CLACKAMAS COUNTY. 

16 (a) CONVEYANCE REQUIRED.—Subject to the provi17 sions of this section, if the County offers to convey to the 

18 United States all right, title, and interest of the County 

19 in and to the non-Federal land, the Secretary shall convey 

20 to the County all right, title, and interest of the United 

21 States in and to the Federal land. 

22 (b) COMPLIANCE WITH EXISTING LAW.—Except as 

23 otherwise provided in this section, the Secretary shall 

24 carry out the land exchange under this section in the manVerDate Aug 31 2005 00:26 Feb 21, 2007 Jkt 059200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S647.IS S647

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1 ner provided in section 206 of the Federal Land Policy 

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

3 (c) CONDITIONS ON ACCEPTANCE.—Title to the non4 Federal land to be acquired by the Secretary under this 

5 section must be acceptable to the Secretary, and the con6 veyances shall be subject to valid existing rights of record 

7 and such terms and conditions the Secretary may pre8 scribe. The non-Federal land shall conform with the title 

9 approval standards applicable to Federal land acquisi10 tions. 

11 (d) SURVEYS.— 

12 (1) IN GENERAL.—The exact acreage and legal 

13 description of the Federal land and non-Federal land 

14 shall be determined by surveys approved by the Sec15 retary. 

16 (2) COSTS.—The responsibility for the costs of 

17 any surveys conducted under paragraph (1), and any 

18 other administrative costs of carrying out the land 

19 exchange, shall be determined by the Secretary and 

20 the County. 

21 (e) DEADLINE FOR COMPLETION OF LAND EX22 CHANGE.—It is the intent of Congress that, not later than 

23 16 months after the date of enactment of this Act, the 

24 Secretary shall— 


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1 (1) complete all legal and regulatory processes 

2 required for the exchange of the Federal land and 

3 the non-Federal land; and 

4 (2) close on the Federal land and the non-Fed5 eral land. 

6 SEC. 523. BOUNDARY ADJUSTMENT. 

7 (a) IN GENERAL.—The boundary of the Mount Hood 

8 National Forest is adjusted as depicted on the map enti9 tled ‘‘Boundary extension map’’, dated January 2007. 

10 (b) AVAILABILITY OF BOUNDARY EXTENSION

11 MAP.—The boundary extension map shall be on file and 

12 available for public inspection in the office of the Chief 

13 of the Forest Service. 

14 (c) CORRECTION AUTHORITY.—The Secretary may 

15 make minor corrections to the boundary extension map. 

16 (d) ADDITIONS TO THE NATIONAL FOREST SYS17 TEM.—The Secretary shall administer any land that is 

18 conveyed to the United States and is located in the Mount 

19 Hood National Forest in accordance with— 

20 (1) the Act of March 1, 1911 (commonly known 

21 as the ‘‘Weeks Law’’) (16 U.S.C. 480 et seq.); and 

22 (2) any laws (including regulations) applicable 

23 to the National Forest System. 

24 (e) AUTHORITY OF SECRETARY TO ADJUST BOUND25 ARIES.—Nothing in this Act shall limit the authority or 


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1 responsibility of the Secretary to adjust the boundaries of 

2 the Mount Hood National Forest under section 11 of the 

3 Act of March 1, 1911 (16 U.S.C. 521). 

4 (f) LAND AND WATER CONSERVATION FUND.—For 

5 the purposes of section 7 of the Land and Water Con6 servation Fund Act of 1965 (16 U.S.C. 460l–9), the 

7 boundaries of the Mount Hood National Forest modified 

8 by this Act shall be considered to be the boundaries of 

9 the Mount Hood National Forest in existence as of Janu10 ary 1, 1965. 

11 TITLE VI—MOUNT HOOD NA12 TIONAL FOREST AND WATER13 SHED STEWARDSHIP 

14 SEC. 601. FINDINGS AND PURPOSE. 

15 The purpose of this title is to direct the Forest Serv16 ice to prepare an assessment to promote forested land17 scapes resilient to catastrophic fire, insects, and disease, 

18 to protect homes and communities from property damage 

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

20 existing community or municipal watersheds. It is the in21 tent of Congress that site-specific forest health projects 

22 undertaken pursuant to this assessment shall be com23 pleted in accordance with existing law. 


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1 SEC. 602. FOREST STEWARDSHIP ASSESSMENT. 

2 (a) PREPARATION OF ASSESSMENT.—The Secretary 

3 of Agriculture shall prepare an assessment to identify the 

4 forest health needs in those areas of the Mount Hood Na5 tional Forest with a high incidence of insect or disease 

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

7 moderate-to-high risk of unnatural catastrophic wildfire 

8 for the purpose of improving condition class, which signifi9 cantly improves the forest health and water quality. The 

10 Secretary may utilize existing information to complete the 

11 assessment. The assessment shall also identify specific 

12 projects to address these issues. 

13 (b) IMPROVED MAPPING.—The assessment will in14 clude peer reviewed mapping of condition class 2 and con15 dition class 3 areas and other areas identified in sub16 section (a) in Mount Hood National Forest. 

17 (c) COMPLETION.—The Secretary of Agriculture 

18 shall complete the assessment not later than 1 year after 

19 the date of enactment of this Act. 

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

21 cover a 10-year period. 

22 (e) IMPLEMENTATION.—Not later than 1 year after 

23 completion of the assessment, the Secretary shall com24 mence implementation of projects to address the needs 

25 identified in the assessment. These projects shall be imple26 mented using authorities available to the Secretary to 


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1 manage the Mount Hood National Forest to achieve the 

2 purpose specified in subsection (a). 

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

4 under this section, a forest management project that is 

5 unaffiliated with the assessment and has completed review 

6 as required under the National Environmental Policy Act 

7 of 1969 (42 U.S.C. 4321 et seq.) in accordance with exist8 ing law, need not be delayed in the event the Secretary 

9 fails to meet the deadline specified in subsection (c). 

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

11 Nothing in this section grants the Secretary any authority 

12 to manage the Mount Hood National Forest contrary to 

13 existing law. The assessment conducted by the Secretary 

14 under this section shall not supersede, be considered a 

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

16 legal or regulatory authority of the Mount Hood National 

17 Forest Land and Resource Management Plan or the col18 lection of documents entitled ‘‘Final Supplemental Envi19 ronmental Impact Statement and Record of Decision for 

20 Amendments to Forest Service and Bureau of Land Man21 agement Planning Documents Within the Range of the 

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

23 for Management of Habitat for Late-Successional and 

24 Old-Growth Forest-Related Species Within the Range of 

25 the Northern Spotted Owl’’. 


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1 (h) PUBLIC PARTICIPATION.—The Secretary shall 

2 provide an opportunity for interested persons to be in3 volved in development of the assessment conducted by the 

4 Secretary under this section. 

5 SEC. 603. SUSTAINABLE BIOMASS UTILIZATION STUDY. 

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

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

8 sustainable biomass available in the Mount Hood National 

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

10 available as a raw material for— 

11 (1) the production of electric energy, sensible 

12 heat, transportation fuel, or substitutes for petro13 leum-based products; 

14 (2) dimensional lumber, fencing, framing mate15 rial, poles, firewood, furniture, chips, or pulp for 

16 paper; or 

17 (3) other commercial purposes. 

18 (b) DEFINITION.—In this section, the term ‘‘bio19 mass’’ means small diameter trees and understory vegeta20 tion that is removed from forested land as a by-product 

21 of forest restoration efforts. 

22 SEC. 604. WATERSHED MANAGEMENT MEMORANDA OF UN23 DERSTANDING. 

24 (a) COMPLETION OF MEMORANDA OF UNDER25 STANDING.—To the extent that memoranda of underVerDate Aug 31 2005 00:26 Feb 21, 2007 Jkt 059200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S647.IS S647

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1 standing or other legal agreements involving watersheds 

2 of Mount Hood National Forest do not exist between irri3 gation districts or municipalities and the Forest Service, 

4 the Secretary of Agriculture may complete memoranda of 

5 understanding that outline stewardship goals to manage 

6 the watersheds for water quality and water quantity. 

7 (b) ELEMENTS OF MEMORANDUM.—A memorandum 

8 of understanding involving a watershed of Mount Hood 

9 National Forest shall encourage adaptability, establish 

10 benchmarks regarding water quality and water quantity, 

11 and require monitoring to determine progress in meeting 

12 such benchmarks. The memorandum of understanding 

13 may restrict public access to areas of the watershed where 

14 appropriate. 

15 (c) PUBLIC PROCESS REQUIRED.— 

16 (1) COLLABORATION AND CONSULTATION.— 

17 The Secretary of Agriculture shall ensure that the 

18 process by which the Secretary enters into a memo19 randum of understanding with an irrigation district, 

20 local government, or other entity involving a water21 shed of Mount Hood National Forest is based on 

22 collaboration and cooperation between the Forest 

23 Service and local jurisdictions and other interested 

24 persons. 


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1 (2) PUBLIC MEETING REQUIRED.—The Sec2 retary and the other party or parties to the proposed 

3 memorandum of understanding shall hold at least 1 

4 joint public meeting before completing a final draft 

5 of the memorandum of understanding. 

6 (3) PUBLIC COMMENT.—A draft memorandum 

7 of understanding shall also be open to public com8 ment before being finalized. 

9 SEC. 605. TERMINATION OF AUTHORITY. 

10 The authority provided by this title shall terminate 

11 on the date that is 10 years after the date of enactment 

12 of this Act. 

13 TITLE VII—CRYSTAL SPRINGS 

14 WATERSHED SPECIAL RE15 SOURCES MANAGEMENT UNIT 

16 SEC. 701. FINDINGS AND PURPOSE. 

17 The purpose of this title is to establish a special re18 sources management unit to ensure protection of the qual19 ity and quantity of the Crystal Springs watershed as a 

20 clean drinking water source for the residents of Hood 

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

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


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1 SEC. 702. ESTABLISHMENT OF CRYSTAL SPRINGS WATER2 SHED SPECIAL RESOURCES MANAGEMENT 

3 UNIT. 

4 (a) ESTABLISHMENT.—Effective as provided by sec5 tion 705, the Secretary of Agriculture shall establish a 

6 special resources management unit in the State consisting 

7 of all National Forest System land that is located within 

8 200 yards from any point on the perimeter of the Crystal 

9 Springs Zone of Contribution, as determined by the Crys10 tal Springs Water District, and other National Forest Sys11 tem land in and around the Inn at Cooper Spur and the 

12 Cooper Spur Ski Area, as depicted on the map entitled 

13 ‘‘Crystal Springs Watershed Special Resources Manage14 ment Unit’’ and dated June 2006 (in this subtitle referred 

15 to as the ‘‘official map’’). 

16 (b) DESIGNATION.—The special resources manage17 ment unit established pursuant to subsection (a) shall be 

18 known as the Crystal Springs Watershed Special Re19 sources Management Unit, in this title referred to as the 

20 ‘‘Management Unit’’. 

21 (c) EXCLUSION OF CERTAIN LAND.—The Manage22 ment Unit does not include any National Forest System 

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

24 as wilderness by title I. 

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

26 National Forest System land included in the Management 


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1 Unit are permanently withdrawn from all forms of appro2 priation under the public land laws, including the mining 

3 laws and mineral and geothermal leasing laws. 

4 (e) MAPS AND LEGAL DESCRIPTION.— 

5 (1) SUBMISSION OF LEGAL DESCRIPTIONS.—As 

6 soon as practicable after the effective date specified 

7 in section 705, the Secretary shall prepare and sub8 mit to Congress a legal description of the Manage9 ment Unit. 

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

11 subsection (a) and the legal descriptions prepared 

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

13 effect as if included in this Act, except that the Sec14 retary may correct technical errors in the map and 

15 legal descriptions. The map of the Crystal Springs 

16 Zone of Contribution is incorporated in this Act to 

17 delineate the boundaries of the Management Unit, 

18 and the delineation of these boundaries is not in19 tended to affect the specific uses that may occur on 

20 private land within the boundaries of the Manage21 ment Unit. 

22 (3) PUBLIC AVAILABILITY.—The map referred 

23 to in subsection (a) and the legal descriptions pre24 pared under paragraph (1) shall be filed and made 


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1 available for public inspection in the appropriate of2 fices of the Forest Service. 

3 SEC. 703. ADMINISTRATION OF MANAGEMENT UNIT. 

4 (a) GENERAL APPLICABILITY OF EXISTING LAWS.— 

5 Except as provided in this title, all other laws and regula6 tions affecting National Forest System lands shall con7 tinue to apply to the National Forest System lands in8 cluded in the Management Unit. 

9 (b) AUTHORIZED ACTIVITIES.— 

10 (1) PROCESS FOR ALLOWING ACTIVITIES.— 

11 Only activities described in this subsection may 

12 occur in the Management Unit, and the Secretary of 

13 Agriculture may permit an activity described in this 

14 subsection to occur in the Management Unit only 

15 after the Secretary— 

16 (A) obtains the review and opinions of the 

17 Crystal Springs Water District regarding the 

18 effect of the activity on the purposes of the 

19 Management Unit; 

20 (B) complies with all applicable Federal 

21 law regarding development and implementation 

22 of the activity; and 

23 (C) when appropriate, provides to the gen24 eral public advance notice of the activity, an opVerDate Aug 31 2005 00:26 Feb 21, 2007 Jkt 059200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S647.IS S647

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1 portunity to comment on the activity, and ap2 peal rights regarding the activity. 

3 (2) RECREATION.—The Secretary may— 

4 (A) continue to maintain recreational op5 portunities and trails, in existence in the Man6 agement Unit as of the effective date specified 

7 in section 705, within their existing and historic 

8 footprints or at an alternative location; and 

9 (B) develop new footpaths or cross-county 

10 skiing trails in the Management Unit. 

11 (3) LEASE OF CERTAIN IMPROVEMENTS.—The 

12 Secretary may lease improvements and facilities, in 

13 existence in the Management Unit as of the effective 

14 date specified in section 705, within their existing 

15 and designated footprints to 1 or more conces16 sionaires. 

17 (4) ROAD MAINTENANCE.—Subject to sub18 section (d), the Secretary may maintain National 

19 Forest System roads, in existence in the Manage20 ment Unit as of the effective date specified in sec21 tion 705 or as directed by the management plan re22 quired by subsection (d). Maintenance may include 

23 the installation of culverts and drainage improve24 ments and other similar activities. 


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1 (5) FUEL REDUCTION IN PROXIMITY TO IM2 PROVEMENTS AND PRIMARY PUBLIC ROADS.—To 

3 protect the water quality, water quantity, scenic, cul4 tural, historic, natural, and wildlife values of the 

5 Management Unit, the Secretary may permit fuel re6 duction on National Forest System land in the Man7 agement Unit— 

8 (A) extending up to 400 feet from struc9 tures on National Forest System land or struc10 tures on adjacent private land; and 

11 (B) extending up to 400 feet from the Coo12 per Spur Road, the Cloud Cap Road, and the 

13 Cooper Spur ski area loop road. 

14 (6) OTHER FUEL REDUCTION AND FOREST

15 HEALTH ACTIVITIES.—The Secretary may conduct 

16 fuel reduction and forest health management activi17 ties in the Management Unit, with priority given to 

18 activities that restore previously harvested stands, 

19 including the removal of logging slash, smaller di20 ameter material, and ladder fuels. The purpose of 

21 any fire risk reduction or forest health management 

22 activity conducted in the Management Unit shall be 

23 the maintenance and restoration of fire-resilient for24 est structures containing late successional forest 

25 structure characterized by large trees and multi-stoVerDate Aug 31 2005 00:26 Feb 21, 2007 Jkt 059200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S647.IS S647

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1 ried canopies (where ecologically appropriate) and 

2 the protection of the water quality, water quantity, 

3 scenic, cultural, historic, natural, and wildlife values 

4 of the Management Unit. 

5 (c) SPECIFICALLY PROHIBITED ACTIVITIES.—The 

6 following activities may not occur on National Forest Sys7 tem land in the Management Unit, whether separately or, 

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

9 authorized by subsection (b): 

10 (1) New road construction or renovation of ex11 isting non-System roads. 

12 (2) Projects undertaken for the purpose of har13 vesting commercial timber. The harvest of merchant14 able products that are by-products of activities con15 ducted pursuant to subsection (b)(6) and carried out 

16 pursuant to a stewardship contract are not prohib17 ited by this subsection. 

18 (3) Commercial livestock grazing. 

19 (4) The placement or maintenance of fuel stor20 age tanks. 

21 (5) The application of any toxic chemicals, in22 cluding pesticides, rodenticides, herbicides, or 

23 retardants, for any purpose, except with the consent 

24 of the Crystal Springs Water District. 

25 (d) MANAGEMENT PLAN.— 


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1 (1) PLAN REQUIRED.—Within 9 months after 

2 the effective date specified in section 605, the Sec3 retary of Agriculture shall adopt a management plan 

4 for the Management Unit that, while providing for 

5 the limited activities specifically authorized by sub6 section (b), protects the watershed from illegal 

7 dumping, human waste, fires, vandalism, and other 

8 risks to water quality. 

9 (2) CONSULTATION AND PUBLIC PARTICIPA10 TION.—The Secretary shall prepare the management 

11 plan in consultation with the Crystal Springs Water 

12 District, the Cooper Spur Wild and Free Coalition, 

13 and Hood River County and provide for public par14 ticipation as described in subsection (b)(1)(C). 

15 (e) FOREST ROAD CLOSURES.—As part of the man16 agement plan required by subsection (d), the Secretary of 

17 Agriculture may provide for the closure or gating to the 

18 general public of any Forest Service road within the Man19 agement Unit, except for the road commonly known as 

20 Cloud Cap Road. 

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

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

23 Crystal Springs Zone of Contribution by the owners of the 

24 private property and their guests. The Secretary is encour25 aged to work with interested private landowners who have 


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1 voluntarily agreed to cooperate with the Secretary to fur2 ther the purposes of this title. 

3 (g) RELATIONSHIP WITH WATER DISTRICT.—Except 

4 as provided in this section, the Crystal Springs Water Dis5 trict has no authorities over management or use of Na6 tional Forest System land included in the Management 

7 Unit. 

8 SEC. 704. ACQUISITION OF LANDS. 

9 (a) ACQUISITION AUTHORITY.—The Secretary of Ag10 riculture may acquire from willing landowners any lands 

11 located in the Crystal Springs Zone of Contribution within 

12 the boundaries of Mount Hood National Forest. Lands so 

13 acquired shall automatically be added to the Management 

14 Unit. 

15 (b) PROHIBITION ON SUBSEQUENT CONVEYANCE.— 

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

17 ownership of any land within the Management Unit, in18 cluding any of the land acquired under subsection (a) or 

19 received by the Secretary as part of the Cooper Spur-Gov20 ernment Camp land exchange authorized by subtitle A of 

21 title V and included within the Management Unit, to any 

22 person. 

23 SEC. 705. EFFECTIVE DATE. 

24 The Secretary of Agriculture shall establish the Man25 agement Unit as soon as practicable after the final closing 


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1 of the Cooper Spur-Government Camp land exchange au2 thorized by subtitle A of title V, but in no case later than 

3 30 days after the date of the final closing of such land 

4 exchange. The Management Unit may not be established 

5 before final closing of the land exchange. 

6 TITLE VIII—LOCAL AND TRIBAL 

7 RELATIONSHIPS 

8 SEC. 801. FINDINGS AND PURPOSE. 

9 The purpose of this title is to recognize and support 

10 the ability of Native Americans to continue to gather first 

11 foods in the Mount Hood National Forest using tradi12 tional methods and the central role of the State and local 

13 governments in management of issues dealing with natural 

14 and developed environments in the vicinity of the national 

15 forest. 

16 SEC. 802. FIRST FOODS GATHERING AREAS. 

17 (a) PRIORITY USE AREAS.—The Secretary of Agri18 culture shall identify, establish, develop, and manage pri19 ority-use areas in Mount Hood National Forest for the 

20 gathering of first foods by members of Indian tribes with 

21 treaty-reserved gathering rights on lands encompassed by 

22 the national forest. The priority-use areas shall be identi23 fied, established, developed, and managed in a manner 

24 consistent with the memorandum of understanding en25 tered into between the Department of Agriculture, the BuVerDate Aug 31 2005 00:26 Feb 21, 2007 Jkt 059200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S647.IS S647

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1 reau of Land Management, the Bureau of Indian Affairs, 

2 and the Confederated Tribes of the Warm Springs Res3 ervation of Oregon (in this section referred to as the 

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

5 such further agreements as are necessary between the Sec6 retary of Agriculture and the Warm Springs Tribe to 

7 carry out the purposes of this section. 

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

9 treaty-reserved gathering rights on lands encompassed by 

10 Mount Hood National Forest shall, in cooperation with 

11 the Mount Hood National Forest, gather first foods in the 

12 priority-use areas established pursuant to subsection (a). 

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

14 National Forest System land for inclusion in a priority15 use area under subsection (a), the Secretary of Agriculture 

16 shall comply with the land and resource management plan 

17 for Mount Hood National Forest and applicable laws. 

18 (d) DEFINITION.—In this section, the term ‘‘first 

19 foods’’ means roots, berries, and plants on National For20 est System land in Mount Hood National Forest that have 

21 been gathered for traditional and cultural purposes by 

22 members of Indian tribes with treaty-reserved gathering 

23 rights on lands encompassed by Mount Hood National 

24 Forest. 


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1 SEC. 803. FOREST SERVICE COORDINATION WITH STATE 

2 AND LOCAL GOVERNMENTS. 

3 Congress encourages the Secretary of Agriculture to 

4 cooperate with the State, local communities, counties, and 

5 Indian tribes in the vicinity of Mount Hood National For6 est, and the heads of other Federal agencies to identify 

7 common ground, coordinate planning efforts around the 

8 national forest, and make the Federal Government a bet9 ter partner in building cooperative and lasting solutions 

10 for management of Mount Hood National Forest and non11 Federal land in the vicinity of the national forest. 

12 SEC. 804. SAVINGS PROVISIONS REGARDING RELATIONS 

13 WITH INDIAN TRIBES. 

14 (a) TREATY RIGHTS.—Nothing in this Act is in15 tended to alter, modify, enlarge, diminish, or extinguish 

16 the treaty rights of any Indian tribe, including the off17 reservation reserved rights established by the Treaty of 

18 June 25, 1855, with the Tribes and Bands of Middle Or19 egon (12 Stat. 963). Section 702 is consistent with and 

20 intended to implement the gathering rights reserved by 

21 such treaty. 

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

23 to affect lands held in trust by the Secretary of the Inte24 rior for Indian tribes or individual members of Indian 

25 tribes or other lands acquired by the Army Corps of Engi26 neers and administered by the Secretary of the Interior 


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1 for the benefit of Indian tribes and individual members 

2 of Indian tribes. 

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

4 intended to affect the laws, rules, and regulations per5 taining to hunting and fishing under existing State and 

6 Federal laws and Indian treaties. 

7 SEC. 805. IMPROVED NATURAL DISASTER PREPAREDNESS. 

8 (a) IMPOSITION OF STANDARDS.—New development 

9 occurring on land conveyed by the Secretary of Agriculture 

10 under title V or undertaken or otherwise permitted by the 

11 Secretary of Agriculture on National Forest System land 

12 in Mount Hood National Forest after the date of the en13 actment of this Act shall be constructed or altered in com14 pliance with— 

15 (1) 1 of— 

16 (A) the nationally recognized model build17 ing codes; and 

18 (B) nationally recognized wildland-urban 

19 interface codes and standards; or 

20 (2) 1 of the other applicable nationally recog21 nized codes and standards relating to— 

22 (A) fire protection infrastructure in the 

23 wildland urban interface; 

24 (B) land development in wildland areas; or 

25 (C) wild fire hazard mitigation. 


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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 V, the Secretary shall impose the require4 ments of subsection (a) as a condition on the conveyance 

5 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 and development standards adopted or ref10 erenced by the State or political subdivisions of the State. 

11 This section shall not be construed to limit the power of 

12 the State or a political subdivision of the State to imple13 ment or enforce any law, rule, regulation, or standard con14 cerning fire prevention and control. 

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

16 subsection (a) may be enforced by the same entities other17 wise enforcing codes, ordinances, and standards relating 

18 to new development occurring on land conveyed by the 

19 Secretary of Agriculture under title V. 

20 TITLE IX—RECREATION 

21 SEC. 901. 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. 902. 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–d), 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 6 months 

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

18 authorizations, such as recreation residences, resorts, win19 ter 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 903. 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 903. 

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 enactment of this Act. Any amounts remaining in the spe11 cial account at the end of such period shall be transferred 

12 to the general fund of the Treasury. 

13 SEC. 903. 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 902(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 (42 


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1 U.S.C. 4321 et seq.) in connection with the improve2 ment or development of recreational opportunities. 

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

5 Recreation Working Group established by section 

6 905. 

7 (b) ALLOCATION REQUIREMENTS.—Of the total 

8 funds received by the Secretary of Agriculture from the 

9 special account under section 902(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. 904. 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 902(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. 905. 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 902 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 

18 903(a); 

19 (2) propose projects under section 903(a) to the 

20 Secretary; 

21 (3) recommend the amount of funds from the 

22 special account established under section 902 to be 

23 used to fund projects under section 903; 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 903(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 3 years beginning on the date 

9 of appointment. A member may be reappointed to 

10 subsequent 3-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 en14 actment 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, county, and 

23 Tribal governments for each county directly adjacent 

24 to or containing any portion of Mount Hood Na25 tional Forest may submit a nomination to the ReVerDate Aug 31 2005 00:26 Feb 21, 2007 Jkt 059200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S647.IS S647

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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. 

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 1 week in advance 

23 in a local newspaper of record and shall be open to 

24 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 5 percent of the funds allocated under sec6 tion 903(b) to Mount Hood National Forest for a fiscal 

7 year may be used to provide administrative assistance to 

8 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 enactment of this Act. 

15 SEC. 906. 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 enactment of this Act for 

23 closure and decommissioning, but have not yet been 

24 decommissioned, should be converted to recreational 

25 uses to enhance recreational opportunities in the naVerDate Aug 31 2005 00:26 Feb 21, 2007 Jkt 059200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S647.IS S647

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1 tional forest, such as conversion to single-track trails 

2 for mountain bikes and trails for snowmobiling, off3 road vehicle use, horseback riding, hiking, cross4 country skiing, and other recreational uses. 

5 (2) CONSIDERATION OF ENVIRONMENTAL AND

6 ECONOMIC IMPACTS.—In evaluating the feasibility 

7 and suitability of converting Forest Service roads 

8 under this subsection to recreational uses, and the 

9 types of recreational uses to be authorized, the Sec10 retary shall take into account the environmental and 

11 economic impacts of implementing the conversion 

12 and of the resulting recreational uses. 

13 (3) PUBLIC PROCESS.—The consideration and 

14 selection of Forest Service roads under this sub15 section for conversion to recreational uses, and the 

16 types of recreational uses to be authorized, shall be 

17 a public process, including consultation by the Sec18 retary of Agriculture with the Mount Hood National 

19 Forest Recreational Working Group. 

20 (b) FUTURE CLOSURE CONSIDERATIONS.—Whenever 

21 the Secretary of Agriculture considers a Forest Service 

22 road in Mount Hood National Forest for possible closure 

23 and decommissioning after the date of enactment of this 

24 Act, the Secretary shall include, as an alternative to de25 commissioning the road, consideration of converting the 


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1 road to recreational uses to enhance recreational opportu2 nities in the Mount Hood National Forest. 

3 SEC. 907. IMPROVED TRAIL ACCESS FOR PERSONS WITH 

4 DISABILITIES. 

5 (a) CONSTRUCTION OF TRAIL.—The Secretary of Ag6 riculture may enter into a contract with a partner organi7 zation or other person to design and construct a trail at 

8 a location selected by the Secretary in Mount Hood Na9 tional Forest suitable for use by persons with disabilities. 

10 (b) PUBLIC PROCESS.—The selection of the trail lo11 cation under subsection (a) and the preparation of the de12 sign of the trail shall be a public process, including con13 sultation by the Secretary of Agriculture with the Mount 

14 Hood National Forest Recreational Working Group. 

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

16 funds in the special account established under section 902 

17 to carry out this section. 

18 TITLE X—AUTHORIZATION OF 

19 APPROPRIATIONS 

20 SEC. 1001. AUTHORIZATION OF APPROPRIATIONS. 

21 There are authorized to be appropriated such sums 

22 as are necessary to carry out this Act. 

Æ 


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