II 

108TH CONGRESS 

2D SESSION S. 2723

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

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2004

Mr. WYDEN 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 2004’’. 

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. Findings. 

Sec. 3. Definitions. 

TITLE I—DESIGNATION OF WILDERNESS AREAS 

Sec. 101. Lewis and Clark Mount Hood Wilderness Areas. 
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Sec. 102. General provisions. 

Sec. 103. Administration. 

Sec. 104. Buffer zones. 

Sec. 105. Fire safe community zones. 

Sec. 106. Gateway communities. 

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

Sec. 108. Fire, insects, and diseases. 

Sec. 109. Valid existing rights and withdrawal. 

TITLE II—DESIGNATION OF STREAMS FOR WILD AND SCENIC 

RIVER PROTECTION IN THE MOUNT HOOD AREA 

Sec. 201. Designation of portions of Hood River. 

Sec. 202. Designation of portions of Zigzag River. 

Sec. 203. Designation of portions of Eagle Creek. 

Sec. 204. Designation of portions of Fifteenmile Creek. 

Sec. 205. Conforming amendments. 

TITLE III—NATIONAL COMMISSION ON URBAN FORESTS 

Sec. 301. National Commission on Urban Forests. 

Sec. 302. Duties. 

Sec. 303. Powers. 

Sec. 304. Commission personnel matters. 

Sec. 305. Authorization of appropriations. 

Sec. 306. Termination of Commission. 

TITLE IV—MOUNT HOOD NATIONAL FOREST SOUTHSIDE WINTER 

RECREATION AREA 

Sec. 401. Identification. 

Sec. 402. Designation. 

TITLE V—MOUNTAIN BIKING PILOT PROJECT 

Sec. 501. Establishment. 

Sec. 502. Management goals. 

Sec. 503. Report to Congress. 

Sec. 504. Funding. 

Sec. 505. Termination of authority. 

TITLE VI—TRANSPORTATION AND COMMUNICATION SYSTEMS 

Sec. 601. Burial of power lines. 

Sec. 602. Culvert replacement. 

Sec. 603. Clarification of the treatment of state highway 35 under this Act. 

Sec. 604. Multipor overpass. 

TITLE VII—LAND EXCHANGE 

Sec. 701. Clackamas County land exchange. 

TITLE VIII—MOUNT HOOD NATIONAL FOREST THINNING 

Sec. 801. Establishment. 

Sec. 802. Precommercial thinning. 

Sec. 803. Westside Matrix forest plantations thinning for forest health. 

Sec. 804. Eastside thinning for forest health. 
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Sec. 805. Funding. 

Sec. 806. Termination of authority. 

TITLE IX—MISCELLANEOUS 

Sec. 901. Watershed management and restoration. 

Sec. 902. Bridges over wild and scenic rivers. 

Sec. 903. Middlefork irrigation district. 

Sec. 904. Protection of tribal rights. 

Sec. 905. Revenue retention. 

TITLE X—AUTHORIZATION OF APPROPRIATIONS 

Sec. 1001. Authorization of appropriations.

1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) long before the arrival of Lewis and Clark, 

4 Native Americans in the Oregon country lived amid 

5 the wild splendor of the Cascade Mountains and the 

6 Columbia River, where the waters teemed with fish, 

7 game roamed the forests, and fruits and berries 

8 were abundant; 

9 (2) the Native Americans arrived in this bounti10 ful land from Asia by way of the Bering Sea and in11 habited the land in and around Mount Hood and the 

12 Columbia Gorge; 

13 (3) the tribes along the Columbia River were 

14 part of the Chinook family; 

15 (4) the people of the tribes— 

16 (A) used canoes made from cedar logs; 

17 (B) were expert fisherman; 
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1 (C) told fire legends about the mid-Colum2 bia volcanic peaks that featured warrior heroes, 

3 fair ladies, and numerous gods; and 

4 (D) knew Mount Hood as Wy’East, the 

5 warrior whose passionate love caused the region 

6 to be transformed as he hurled powerful vol7 canic fire in his quest for the love of the gentle 

8 maiden Loo-wit, known today as Mount St. 

9 Helens; 

10 (5) traveling down the Columbia River in 1805, 

11 the Lewis and Clark Corps of Discovery expedition 

12 were awed by the unspoiled scenic splendors of the 

13 Cascade Mountains and the Columbia River Gorge 

14 cutting through the mountain rampart; 

15 (6) on October 18, 1805, Clark recorded in his 

16 Journal: ‘‘I ascended a high cliff, about 200 feet 

17 above the water, from the top of which is a level 

18 plain, extending up the river and off for a great ex19 tent. From this place I discovered a mountain of im20 mense height, covered with snow.’’; 

21 (7) following Lewis and Clark, settlers came to 

22 the Oregon territory on the Oregon Trail, trans23 forming more accessible portions of the wild land24 scape into farms, orchards, and small communities 

25 utilizing the old-growth forests;
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1 (8) in 1845, Oregon Trail pioneers Samuel K. 

2 Barlow, Joel Palmer, and their parties opened the 

3 Barlow Trail across Barlow Pass high on the south 

4 slopes of Mount Hood, with Palmer writing on Octo5 ber 11, 2845: ‘‘I had never seen a sight so nobly 

6 grand’’; 

7 (9) even as the settlers transformed the wilder8 ness, this frontier land helped shape in the settlers 

9 the characteristics of self-reliance, fortitude, hard 

10 work, independence, and love of the land which the 

11 people of Oregon and the entire United States cher12 ish to this day and wish to inculcate in their chil13 dren; 

14 (10) the unprotected wilderness that remains in 

15 the Mount Hood and Columbia River Gorge region 

16 provides easily accessible outdoor recreation for the 

17 descendants of the early settlers and more recent ar18 rivals; 

19 (11) preserving wilderness assures the integrity 

20 of the background and scenic views that enrich more 

21 developed forms of recreational use, including down22 hill skiing and roadside enjoyment of sweeping wil23 derness scenery; 

24 (12) designation as wilderness provides the 

25 strongest congressional protection of scientific, cul-
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1 tural, educational, environmental, scenic, and rec2 reational values that contribute long-term quality of 

3 life and economic benefits to the people of Oregon, 

4 visitors to Oregon, and local communities in and 

5 around the Mount Hood National Forest, including 

6 the wilderness-dependent wildlife, high water quality, 

7 and resident and anadromous fish which thrive in 

8 undisturbed ecosystems; 

9 (13) the Mount Hood National Forest has be10 come 1 of 14 urban forests, which is a National For11 est that— 

12 (A) is located within 50 miles of 1,000,000 

13 or more people; and 

14 (B) has a pressing need to— 

15 (i) accommodate a large and growing 

16 demand for visitation; and 

17 (ii) address issues relating to— 

18 (I) traffic congestion; 

19 (II) a heightened urban/wildland 

20 interface with many surrounding mu21 nicipalities; 

22 (III) the presence of urban social 

23 problems in the forest; 

24 (IV) a pattern of high usage; and 
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1 (V) heavy day-use with a heavy 

2 demand for recreation; 

3 (14) the Mount Hood National Forest is the 

4 8th most visited National Forest in the United 

5 States; 

6 (15) wilderness management is interrelated 

7 with and will interface with the established activities 

8 and management of adjacent land, particularly when 

9 the land is high density recreation land; 

10 (16) urban forests, such as the Mount Hood 

11 National Forest, are also on the cutting edge of 

12 recreation trends and therefore are often the proving 

13 grounds for emerging technological developments in 

14 outdoor recreation, including mountain biking; 

15 (17) Mount Hood National Forest is predomi16 nantly used by the public for non-mechanized activi17 ties, such as hiking, camping, and fishing, which, ac18 cording to the Mount Hood National Forest Man19 agement Plan, are projected to increase dramatically 

20 over time; 

21 (18) the Land and Resource Management Plan 

22 for Mount Hood National Forest provides that ‘‘the 

23 present capability to supply recreational opportuni24 ties such as hiking on trails in primitive and semi-
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1 primitive non-motorized areas is predicted to fall 

2 short of satisfying demand’’; 

3 (19) according to the plan described in para4 graph (18), the Mount Hood National Forest— 

5 (A) provides resources for nearly 2 times 

6 the current demand for developed recreation 

7 such as skiing, power boating, and sightseeing 

8 by car; but 

(B) meets less than 2 9 ⁄3 of the demand for 

10 backcountry recreation; 

11 (20) the Management Plan for Mount Hood 

12 National Forest projects that by 2040, the Mount 

13 Hood National Forest will only meet 16 percent of 

14 the demand for wilderness recreation, while meeting 

15 over 100 percent of the demand for mechanized 

16 recreation; 

17 (21) the management of the Mount Hood Na18 tional Forest should address practical, site specific 

19 situations in a manner that supports wilderness and 

20 the general environmental, economic, and community 

21 related welfare of the mountain; 

22 (22) because the Mount Hood National Forest 

23 provides drinking water for over 16 communities and 

24 over 40 percent of Oregon residents, management of 

25 the Mount Hood National Forest needs to take into 
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1 consideration plans developed by local watershed 

2 councils in managing the forest; and 

3 (23) management activities on the Mount Hood 

4 National Forest should focus on the restoration of 

5 previously logged, even-aged plantations, and stands 

6 requiring management to return the plantations and 

7 stands to a natural healthy condition not currently 

8 exhibited due to insects, disease, and fire, because— 

9 (A) the Mount Hood National Forest has 

10 a backlog of thousands of acres of National 

11 Forest System land that can be restored 

12 through an aggressive thinning program; and 

13 (B) the thinning of Mount Hood National 

14 Forest could create and maintain— 

15 (i) jobs for Hood River County, 

16 Clackamas County, and Wasco County, 

17 Oregon; and 

18 (ii) general revenue for the economy 

19 of the State of Oregon. 

20 SEC. 3. DEFINITIONS. 

21 In this Act: 

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

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

24 Indian Self-Determination and Education Assistance 

25 Act (25 U.S.C. 450b).
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1 (2) MOUNTAIN BIKE.—The term ‘‘mountain 

2 bike’’ does not include a motorized vehicle. 

3 (3) PLANTATION.—The term ‘‘plantation’’ 

4 means a stand of trees initiated— 

5 (A) through direct seeding; or 

6 (B) by planting seedlings following any 

7 harvest method, including salvage logging, that 

8 removed more than 90 percent of the over story 

9 of the original stand on contiguous areas larger 

10 than 5 acres. 

11 (4) SECRETARY.—The term ‘‘Secretary’’ 

12 means— 

13 (A) when used in reference to Forest Serv14 ice land, the Secretary of Agriculture; or 

15 (B) when used in reference to Bureau of 

16 Land Management land, the Secretary of the 

17 Interior. 

18 (5) STATE.—The term ‘‘State’’ means the State 

19 of Oregon. 

20 (6) URBAN FOREST.—The term ‘‘urban forest’’ 

21 means a United States Forest Service National For22 est that— 

23 (A) is located within 50 miles of popu24 lations greater than 1,000,000 people; and 
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1 (B) demonstrates unique management 

2 challenges and opportunities. 

3 TITLE I—DESIGNATION OF 

4 WILDERNESS AREAS 

5 SEC. 101. LEWIS AND CLARK MOUNT HOOD WILDERNESS 

6 AREAS. 

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

8 1131 et seq.), the following areas in the State are des9 ignated as wilderness areas and as components of the Na10 tional Wilderness Preservation System: 

11 (1) MOUNT HOOD WILDERNESS ADDITIONS.—

12 The Mount Hood Wilderness Additions are incor13 porated in, and deemed to be a part of, the Mount 

14 Hood Wilderness as designated under section 3(a) of 

15 the Wilderness Act (16 U.S.C. 1132(a)), and en16 larged by section 3(d) of the Endangered American 

17 Wilderness Act of 1978 (16 U.S.C. 1132 note; 92 

18 Stat. 43). 

19 (2) MARK O. HATFIELD WILDERNESS ADDI20 TIONS.—The Mark O. Hatfield Wilderness Additions 

21 are incorporated in, and deemed to be a part of, the 

22 Mark O. Hatfield Wilderness as designated by sec23 tion 3(1) of the Oregon Wilderness Act of 1984 (16 

24 U.S.C. 1132 note; 98 Stat. 273) and renamed by 

25 section 328 of the Department of the Interior and 
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1 Related Agencies Appropriations Act, 1997 (16 

2 U.S.C. 1132 note; 110 Stat. 3009–227). 

3 (3) BADGER CREEK WILDERNESS ADDITIONS.—

4 The Badger Creek Wilderness Additions are incor5 porated in, and deemed to be a part of, the Badger 

6 Creek Wilderness as designated by section 3(3) of 

7 the Oregon Wilderness Act of 1984 (16 U.S.C. 

8 1132; 98 Stat. 273). 

9 (4) SALMON-HUCKLEBERRY WILDERNESS ADDI10 TIONS.—The Salmon-Huckleberry Wilderness Addi11 tions are incorporated in, and deemed to be a part 

12 of, the Salmon-Huckleberry Wilderness as des13 ignated by section 3(2) of the Oregon Wilderness 

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

15 SEC. 102. GENERAL PROVISIONS. 

16 (a) NAMES OF WILDERNESS AREAS.—A wilderness 

17 area designated under this title shall— 

18 (1) consist of the quantity of land applicable to 

19 the wilderness area under this title, as generally de20 picted on the applicable map; and 

21 (2) be known by the name specified for the wil22 derness area under this title. 

23 (b) MAP AND DESCRIPTION.— 

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

25 the date of enactment of this Act, the Secretary 
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1 shall file a map entitled ‘‘Lewis and Clark Wilder2 ness Additions of 2004’’ and dated July 2004, and 

3 a legal description of each wilderness area des4 ignated by this title with— 

5 (A) the Committee on Resources of the 

6 House of Representatives; and 

7 (B) the Committee on Energy and Natural 

8 Resources of the Senate. 

9 (2) FORCE OF LAW.—The map and legal de10 scriptions filed under paragraph (1) shall have the 

11 same force and effect as if included in this Act, ex12 cept that the Secretary may correct errors in the 

13 map and legal description. 

14 (3) PUBLIC AVAILABILITY.—Each map and 

15 legal description filed under paragraph (1) shall be 

16 on file and available for public inspection in— 

17 (A) the office of the Chief of the Forest 

18 Service; 

19 (B) the office of the Director of the Bu20 reau of Land Management; and 

21 (C) the applicable local Forest Service and 

22 Bureau of Land Management offices. 

23 SEC. 103. ADMINISTRATION. 

24 (a) IN GENERAL.—Subject to valid rights in exist25 ence on the date of enactment of this Act, each wilderness 
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1 area designated under this title shall be administered by 

2 the Secretary in accordance with the Wilderness Act (16 

3 U.S.C. 1131 et seq.). 

4 (b) CONSISTENT INTERPRETATION TO THE PUB5 LIC.—Notwithstanding their separate jurisdictions, the 

6 Secretary of Agriculture and the Secretary of the Interior 

7 shall collaborate to ensure that the wilderness areas des8 ignated by this title, if appropriate, are interpreted for the 

9 public as an overall complex tied together by— 

10 (1) common location in the Mount Hood-Co11 lumbia River Gorge region; 

12 (2) the abundant history of Native American 

13 use; 

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

15 (4) the pioneer settlement and growth of the 

16 State; and 

17 (5) water sources for over 40 percent of the 

18 residents of Oregon. 

19 SEC. 104. BUFFER ZONES. 

20 (a) IN GENERAL.—As provided in the Oregon Wilder21 ness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–

22 328), Congress does not intend for designation of wilder23 ness areas in the State under this title to lead to the cre24 ation of protective perimeters or buffer zones around each 

25 wilderness area.
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1 (b) ACTIVITIES OR USES UP TO BOUNDARIES.—The 

2 fact that nonwilderness activities or uses can be seen or 

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

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

5 wilderness area. 

6 SEC. 105. FIRE SAFE COMMUNITY ZONES. 

7 Consistent with the Mount Hood National Forest 

8 Management Plan, the Columbia Gorge National Scenic 

9 Area, and the Healthy Forests Restoration Act of 2003 

10 (16 U.S.C. 6501 et seq.), the Secretary shall construct a 

11 strategic system of defensible fuel profile zones (including 

12 shaded fuelbreaks, thinning, individual tree selection, and 

13 other methods of vegetation management) between the 

14 wilderness boundary and the community boundary around 

15 Cascade Locks and Government Camp. 

16 SEC. 106. GATEWAY COMMUNITIES. 

17 The Secretary may provide grants to communities 

18 that are gateways to Mount Hood Wilderness areas, the 

19 villages surrounding Mount Hood, and the appropriate 

20 county governments in the State, to be administered 

21 through the Forest Service State and Private Forestry 

22 program. 

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

24 (a) FISH AND WILDLIFE.—As provided in section 

25 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), and 
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1 in accordance with appropriate policies such as those set 

2 forth in Appendix B of House Report 101–405, nothing 

3 in this Act affects the jurisdiction or responsibilities of the 

4 State with respect to fish and wildlife on the public land 

5 in the State. 

6 (b) HUNTING AND FISHING.—Nothing in this Act af7 fects hunting and fishing, under applicable Federal and 

8 State laws and regulations, within the boundaries of any 

9 wilderness area. 

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, such measures may be taken as may 

14 be necessary to control fire, insects, and diseases, subject 

15 to such conditions as the Secretary of Agriculture (in col16 laboration with the Secretary of the Interior where appro17 priate) determines to be desirable. 

18 SEC. 109. VALID EXISTING RIGHTS AND WITHDRAWAL. 

19 (a) VALID EXISTING RIGHTS.—Nothing in this Act 

20 affects any valid existing right. 

21 (b) WITHDRAWAL.—Subject to valid rights existing 

22 on the date of enactment of this Act, the Federal land 

23 referred to in section 101 is withdrawn from all forms of— 

24 (1) appropriation; 

25 (2) disposal under public law; 
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1 (3) location, entry, and patent under mining 

2 law; and 

3 (4) disposition under all laws pertaining to min4 eral and geothermal leasing or mineral materials. 

5 TITLE II—DESIGNATION OF 

6 STREAMS FOR WILD AND SCE7 NIC RIVER PROTECTION IN 

8 THE MOUNT HOOD AREA 

9 SEC. 201. DESIGNATION OF PORTIONS OF HOOD RIVER. 

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

11 U.S.C. 1274(a)) is amended by adding at the end the fol12 lowing: 

13 ‘‘(167) HOOD RIVER, OREGON.—The following 

14 segments in the Mount Hood National Forest in the 

15 State of Oregon, to be administered by the Secretary 

16 of Agriculture: 

17 ‘‘(A) The 1.5 mile segment of the East 

18 Fork Hood River from Umbrella Falls to high19 way 35, as a scenic river. 

20 ‘‘(B) The 13.4 mile segment of the East 

21 Fork Hood River from highway 35 to the 

22 Mount Hood National Forest boundary, as a 

23 recreational river. 

24 ‘‘(C) The 4.7 mile segment of the Middle 

25 Fork Hood River from the confluence of the 
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1 Clear and Coe branches to the Mount Hood Na2 tional Forest boundary, as a scenic river.’’. 

3 SEC. 202. DESIGNATION OF PORTIONS OF ZIGZAG RIVER. 

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

5 U.S.C. 1274(a)) (as amended by section 201) is amended 

6 by adding at the end the following: 

7 ‘‘(168) ZIGZAG RIVER, OREGON.—The 9.0 mile 

8 segment in the Mount Hood National Forest in the 

9 State of Oregon from the Mount Hood Wilderness 

10 boundary as in existence on January 1, 2004, down11 stream to the confluence with the Sandy River, to be 

12 administered by the Secretary of Agriculture as a 

13 recreational river.’’. 

14 SEC. 203. DESIGNATION OF PORTIONS OF EAGLE CREEK. 

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

16 U.S.C. 1274(a)) (as amended by section 202) is amended 

17 by adding at the end the following: 

18 ‘‘(169) EAGLE CREEK, OREGON.—The following 

19 segments in the Mount Hood National Forest in the 

20 State of Oregon, to be administered by the Secretary 

21 of Agriculture: 

22 ‘‘(A) The 7.2 mile segment from its head23 waters downstream to the west section line of 

24 T. 3 S., R. 6 E., section 20, Willamette Merid25 ian, as a wild river. 
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1 ‘‘(B) The 1.1 mile segment from the west 

2 section line of T. 3 S., R. 6 E., section 20, Wil3 lamette Meridian downstream to the Mount 

4 Hood National Forest boundary, as a rec5 reational river.’’. 

6 SEC. 204. DESIGNATION OF PORTIONS OF FIFTEENMILE 

7 CREEK. 

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

9 U.S.C. 1274(a)) (as amended by section 203) is amended 

10 by adding at the end the following: 

11 ‘‘(170) FIFTEENMILE CREEK, OREGON.—The 

12 11.0 mile segment in the Mount Hood National For13 est in the State of Oregon from its source on Look14 out Mountain to the section line between sections 19 

15 and 20 of T. 2 S., R. 12 E., Willamette Meridian 

including the corridor of land up to 1 16 ⁄2 mile from the 

17 center of the creek bed on either side of the creek, 

18 to be administered by the Secretary of Agriculture 

19 as a wild river, except the 0.1 mile segment centered 

20 on Forest Service Road 2730 which shall be classi21 fied as a scenic river.’’. 

22 SEC. 205. CONFORMING AMENDMENTS. 

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

24 U.S.C. 1274(a)) is amended—
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1 (1) by redesignating paragraph (162) as para2 graph (163); 

3 (2) by redesignating the second paragraph des4 ignated (161) (relating to Wekiva River, Wekiwa 

5 Springs Run, Rock Springs Run, and Black Water 

6 Creek, Florida), as paragraph (162); 

7 (3) by designating the undesignated paragraph 

8 relating to Wildhorse and Kiger Creeks, Oregon as 

9 paragraph (164); 

10 (4) by redesignating the third paragraph des11 ignated (161) (relating to Lower Delaware River 

12 and associated tributaries, New Jersey and Pennsyl13 vania) as paragraph (165); and 

14 (5) by designating the undesignated paragraph 

15 relating to Rivers of Caribbean National Forest, 

16 Puerto Rico, as paragraph (166). 

17 TITLE III—NATIONAL COMMIS18 SION ON URBAN FORESTS 

19 SEC. 301. NATIONAL COMMISSION ON URBAN FORESTS. 

20 (a) ESTABLISHMENT.—Not later than 90 days after 

21 the date of enactment of this Act, the Secretary shall es22 tablish in the Forest Service a commission to be known 

23 as the ‘‘National Commission on Urban National Forests’’ 

24 (referred to in this title as the ‘‘Commission’’). 
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1 (b) MEMBERSHIP.—The Commission shall be com2 posed of 30 members, of whom— 

3 (1) 14 shall be the forest supervisors of the 14 

4 urban national forests identified by the Forest Serv5 ice; and 

6 (2) 8 shall be appointed by the mayors of the 

7 largest cities adjacent to the urban forests, 1 ap8 pointment for each of the States that house the 

9 urban forests; and 

10 (3) 8 shall consist of 1 representative from the 

11 land grant university or school of forestry from each 

12 of the States of— 

13 (A) Colorado; 

14 (B) Utah; 

15 (C) New Hampshire; 

16 (D) Arizona; 

17 (E) California; 

18 (F) Georgia; 

19 (G) Washington; and 

20 (H) Oregon. 

21 (c) DATE OF APPOINTMENTS.—The appointment of 

22 a member of the Commission shall be made not later than 

23 120 days after the date of enactment of this Act. 

24 (d) TERM; VACANCIES.— 
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1 (1) TERM.—A member shall be appointed for 

2 the life of the Commission. 

3 (2) VACANCIES.—A vacancy on the Commis4 sion— 

5 (A) shall not affect the powers of the Com6 mission; and 

7 (B) shall be filled in the same manner as 

8 the original appointment was made. 

9 (e) INITIAL MEETING.—Not later than 30 days after 

10 the date on which all members of the Commission have 

11 been appointed, the Commission shall hold the initial 

12 meeting of the Commission. 

13 (f) MEETINGS.—The Commission shall meet at the 

14 call of the Chairperson. 

15 (g) QUORUM.—A majority of the members of the 

16 Commission shall constitute a quorum, but a lesser num17 ber of members may hold hearings. 

18 (h) CHAIRPERSON AND VICE CHAIRPERSON.—The 

19 Commission shall select a Chairperson and Vice Chair20 person from among the members of the Commission. 

21 SEC. 302. DUTIES. 

22 (a) IN GENERAL.—The duties of the Commission 

23 shall be— 
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1 (1) to examine the unique role that urban na2 tional forests play in enriching the lives of the urban 

3 populations served by the forests; 

4 (2) to examine and create opportunities in 

5 urban national forests that respond to urban values 

6 and needs of the populations served by the forests; 

7 (3) to promote understanding of the value of 

8 urban national forests in achieving public support 

9 for Forest Service and natural resource manage10 ment; 

11 (4) to develop State and private forest research 

12 programs to further enhance the ability to achieve 

13 management goals of urban national forests; 

14 (5) to build and use external constituencies— 

15 (A) to create avenues to work with other 

16 interested stakeholders to make a significant 

17 difference in the future roles of urban national 

18 forests; and 

19 (B) to facilitate management of the urban 

20 national forests to meet public and ecological 

21 needs; and 

22 (6) to reconcile through management rec23 ommendations the human pressures on urban na24 tional forests with the important ecological functions 

25 served by the forests. 
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1 (b) REPORT.—Not later than 2 years after the date 

2 of enactment of this Act, the Commission shall submit to 

3 the Secretary and Congress a report that contains— 

4 (1) a detailed statement of the findings and 

5 conclusions of the Commission; and 

6 (2) the recommendations of the Commission for 

7 such legislation and administrative actions as the 

8 Commission considers appropriate. 

9 SEC. 303. POWERS. 

10 (a) HEARINGS.—The Commission may hold such 

11 hearings, meet and act at such times and places, take such 

12 testimony, and receive such evidence as the Commission 

13 considers advisable to carry out this Act. 

14 (b) INFORMATION FROM FEDERAL AGENCIES.— 

15 (1) IN GENERAL.—The Commission may secure 

16 directly from a Federal agency such information as 

17 the Commission considers necessary to carry out this 

18 Act. 

19 (2) PROVISION OF INFORMATION.—On request 

20 of the Chairperson of the Commission, the head of 

21 the agency shall provide the information to the Com22 mission. 

23 (c) POSTAL SERVICES.—The Commission may use 

24 the United States mails in the same manner and under
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1 the same conditions as other agencies of the Federal Gov2 ernment. 

3 (d) GIFTS.—The Commission may accept, use, and 

4 dispose of gifts or donations of services or property. 

5 SEC. 304. COMMISSION PERSONNEL MATTERS. 

6 (a) COMPENSATION OF MEMBERS.— 

7 (1) NON-FEDERAL EMPLOYEES.—A member of 

8 the Commission who is not an officer or employee of 

9 the Federal Government shall be compensated at a 

10 rate equal to the daily equivalent of the annual rate 

11 of basic pay prescribed for level IV of the Executive 

12 Schedule under section 5315 of title 5, United 

13 States Code, for each day (including travel time) 

14 during which the member is engaged in the perform15 ance of the duties of the Commission. 

16 (2) FEDERAL EMPLOYEES.—A member of the 

17 Commission who is an officer or employee of the 

18 Federal Government shall serve without compensa19 tion in addition to the compensation received for the 

20 services of the member as an officer or employee of 

21 the Federal Government. 

22 (b) TRAVEL EXPENSES.—A member of the Commis23 sion shall be allowed travel expenses, including per diem 

24 in lieu of subsistence, at rates authorized for an employee 

25 of an agency under subchapter I of chapter 57 of title 
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1 5, United States Code, while away from the home or reg2 ular place of business of the member in the performance 

3 of the duties of the Commission. 

4 (c) STAFF.— 

5 (1) IN GENERAL.—The Chairperson of the 

6 Commission may, without regard to the civil service 

7 laws (including regulations), appoint and terminate 

8 an executive director and such other additional per9 sonnel as are necessary to enable the Commission to 

10 perform the duties of the Commission. 

11 (2) CONFIRMATION OF EXECUTIVE DIREC12 TOR.—The employment of an executive director shall 

13 be subject to confirmation by the Commission. 

14 (3) COMPENSATION.— 

15 (A) IN GENERAL.—Except as provided in 

16 subparagraph (B), the Chairperson of the Com17 mission may fix the compensation of the execu18 tive director and other personnel without regard 

19 to the provisions of chapter 51 and subchapter 

20 III of chapter 53 of title 5, United States Code, 

21 relating to classification of positions and Gen22 eral Schedule pay rates. 

23 (B) MAXIMUM RATE OF PAY.—The rate of 

24 pay for the executive director and other per25 sonnel shall not exceed the rate payable for 
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1 level V of the Executive Schedule under section 

2 5316 of title 5, United States Code. 

3 (d) DETAIL OF FEDERAL GOVERNMENT EMPLOY4 EES.— 

5 (1) IN GENERAL.—An employee of the Federal 

6 Government may be detailed to the Commission 

7 without reimbursement. 

8 (2) CIVIL SERVICE STATUS.—The detail of the 

9 employee shall be without interruption or loss of civil 

10 service status or privilege. 

11 (e) PROCUREMENT OF TEMPORARY AND INTERMIT12 TENT SERVICES.—The Chairperson of the Commission 

13 may procure temporary and intermittent services in ac14 cordance with section 3109(b) of title 5, United States 

15 Code, at rates for individuals that do not exceed the daily 

16 equivalent of the annual rate of basic pay prescribed for 

17 level V of the Executive Schedule under section 5316 of 

18 that title. 

19 SEC. 305. AUTHORIZATION OF APPROPRIATIONS. 

20 There is authorized to be appropriated to carry out 

21 this title $1,000,000 for each fiscal year in which the 

22 Commission is in existence, to remain available until ex23 pended. 
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1 SEC. 306. TERMINATION OF COMMISSION. 

2 The Commission shall terminate 90 days after the 

3 date on which the Commission submits the report of the 

4 Commission under section 302(b). 

5 TITLE IV—MOUNT HOOD NA6 TIONAL FOREST SOUTHSIDE 

7 WINTER RECREATION AREA 

8 SEC. 401. IDENTIFICATION. 

9 (a) IN GENERAL.—The Secretary shall identify the 

10 historic and high quality winter recreation area between 

11 Timberline and Government Camp and around Trillium 

12 Lake, Summit Meadows, and Multipor Mountain to be 

13 used for— 

14 (1) noncommercial muscle-powered winter 

15 recreation opportunities; and 

16 (2) commercial, developed winter recreation 

17 that provides quality recreation within the capabili18 ties of the ecosystem, as determined by the Sec19 retary. 

20 (b) INCLUSIONS.—The area identified under sub21 section (a) shall include— 

22 (1) the prominent fall line on the southern face 

23 of Multipor Mountain; 

24 (2) the Glade and Alpine ski trails between 

25 Timberline and Government Camp; 

26 (3) the Cross Town Trail; and 
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1 (4) the entire network of cross country trails 

2 behind Government Camp that are being developed 

3 by the Forest Service and Clackamas County, Or4 egon. 

5 SEC. 402. DESIGNATION. 

6 The area identified by the Secretary under subsection 

7 (a) shall be designated as the ‘‘Mount Hood National For8 est Southside Winter Recreation Area’’. 

9 TITLE V—MOUNTAIN BIKING 

10 PILOT PROJECT 

11 SEC. 501. ESTABLISHMENT. 

12 The Secretary shall designate the Mount Hood Ped13 aler’s Demonstration Experiment Area (referred to in this 

14 title as the ‘‘Hood-PDX area’’) as indicated by the map 

15 dated July 2004, and entitled ‘‘Hood-PDX area’’ around 

16 Hell Roaring Creek, Shellrock Mountain, and Fifteenmile 

17 Creek. 

18 SEC. 502. MANAGEMENT GOALS. 

19 (a) IN GENERAL.—Except as provided in subsection 

20 (b), the Hood-PDX area shall be managed in accordance 

21 with title I. 

22 (b) EXCEPTIONS.— 

23 (1) MOUNTAIN BIKES.—Mountain bikes shall be 

24 allowed to operate within the Hood-PDX area on 

25 designated trails.
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1 (2) CHAINSAWS.—In accordance with wilder2 ness management policy in effect on the date of en3 actment of this Act, the Secretary may use 

4 chainsaws to maintain existing trails in the Hood5 PDX area. 

6 (c) MONITORING.—The Secretary shall monitor the 

7 effect of mountain biking on the Hood-PDX area ecology 

8 and the surrounding communities and economies for at 

9 least 3, but not more than 10, years after the date of en10 actment of this Act. 

11 SEC. 503. REPORT TO CONGRESS. 

12 (a) IN GENERAL.—Not later than the later of the 

13 date that is 3 years after the date of enactment of this 

14 Act or the date of the completion of the third full cycling 

15 season after the date of enactment of this Act, the Sec16 retary shall submit to Congress a report that includes— 

17 (1) the impacts of mountain bikes on the ecol18 ogy of the Hood-PDX area; 

19 (2) the economic impacts of the area; 

20 (3) usage of the area; and 

21 (4) the interaction of bikes and other users in 

22 the area. 

23 (b) CONGRESSIONAL ACTION.—Not later than 10 

24 years after the date on which the report is submitted to 
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1 Congress under subsection (a) Congress shall act on the 

2 recommendations of the Report. 

3 SEC. 504. FUNDING. 

4 Funding to carry out this title shall be derived from 

5 fees paid for other developed recreation in the Mount 

6 Hood National Forest. 

7 SEC. 505. TERMINATION OF AUTHORITY. 

8 If Congress does not act on the recommendations of 

9 the report in accordance with section 503(b), on the date 

10 that is 10 years after the date of enactment of this Act— 

11 (1) the authority of the Secretary to carry out 

12 this title terminates; and 

13 (2) the mountain biking area designated under 

14 section 501 shall be designated as wilderness. 

15 TITLE VI—TRANSPORTATION 

16 AND COMMUNICATION SYSTEMS 

17 SEC. 601. BURIAL OF POWER LINES. 

18 Because of the incongruent presence of power lines 

19 adjacent to or within wilderness areas, the Secretary may 

20 provide to Cascade Locks and Hood River County 

21 $3,200,000 through the Forest Service State and Private 

22 Forestry program to bury ground power lines adjacent to 

23 or within Mount Hood Wilderness areas, including wilder24 ness areas designated by this Act. 
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1 SEC. 602. CULVERT REPLACEMENT. 

2 (a) IN GENERAL.—The Secretary may provide 

3 $1,000,000 to Clackamas County to replace 4 culverts on 

4 the wild and scenic river segments in Clackamas County, 

5 Oregon, designated under title II. 

6 (b) LIMITATION.—Culvert replacement carried out by 

7 the Forest Service and Clackamas County to improve fish 

8 passage and the ecology of the wilderness designated by 

9 this Act shall not be considered water and resource devel10 opment. 

11 SEC. 603. CLARIFICATION OF THE TREATMENT OF STATE 

12 HIGHWAY 35 UNDER THIS ACT. 

13 (a) EXCLUSION.—The portion of Oregon State High14 way 35 that is adjacent to wilderness areas in the Mount 

15 Hood National Forest, including wilderness areas des16 ignated by this Act, shall be excluded from wilderness 

17 under this Act. 

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

19 or wild and scenic rivers under this Act shall not limit 

20 the operation, maintenance, and repair of Oregon State 

21 Highway 35 or other highways in existence on the date 

22 of enactment of this Act. 

23 (c) FLOOD PLAIN.—Congress encourages the car24 rying out of projects that will reduce the impact of Oregon 

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

26 Hood River. 
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1 SEC. 604. MULTIPOR OVERPASS. 

2 The Secretary may provide funds from Forest Service 

3 roads to improve access to wilderness over highway 26. 

4 TITLE VII—LAND EXCHANGE 

5 SEC. 701. CLACKAMAS COUNTY LAND EXCHANGE. 

6 The Secretary shall— 

7 (1) find suitable non-wilderness adjacent land, 

8 as determined by the Secretary; and 

9 (2) exchange that land for 300 acres of land 

10 that is— 

11 (A) owned by Clackamas County, Oregon, 

12 as of the date of enactment of this Act; 

13 (B) adjacent to the wilderness designated 

14 by this Act; and 

15 (C) depicted on the map dated July 2004, 

16 and entitled ‘‘Clackamas County Land Ex17 change’’. 

18 TITLE VIII—MOUNT HOOD 

19 NATIONAL FOREST THINNING 

20 SEC. 801. ESTABLISHMENT. 

21 (a) IN GENERAL.—The Secretary shall establish a 

22 forest health thinning program in plantation second 

23 growth stands in the Mount Hood National Forest to— 

24 (1) produce timber for primary and secondary 

25 wood products; and 
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1 (2) restore biological diversity and structural 

2 complexity to young managed stands. 

3 (b) PROHIBITION.— 

4 (1) DEFINITION OF OLD GROWTH.—In this sub5 section, the term ‘‘old growth’’ means groves and 

6 trees that are— 

7 (A) at least 120 years old; or 

8 (B) previously unmanaged. 

9 (2) PROHIBITION.—In carrying out this title, 

10 the Secretary shall not harvest old growth. 

11 (c) LOCAL CONTRACTING PREFERENCE.— 

12 (1) IN GENERAL.—In carrying out this title, the 

13 Secretary shall consider the benefits to the local 

14 economy when evaluating bids and designing pro15 curements that create economic opportunities for 

16 local contractors. 

17 (2) ORDER OF PREFERENCE.—The Secretary 

18 may award contracts in the following order of pref19 erence: 

20 (A) Hood River County, Clackamas Coun21 ty, Wasco County, or contractors or Indian 

22 tribes in the State. 

23 (B) State contractors or Indian tribes that 

24 will create new jobs in rural communities.
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1 (C) Other State contractors or Indian 

2 tribes. 

3 (D) Other State contractors or Indian 

4 tribes that show an ability to create new jobs 

5 with the contracts. 

6 (d) REPORT TO CONGRESS.—Not later than 2 years 

7 after the date of enactment of this Act, and every 2 years 

8 thereafter, the Secretary shall submit to Congress a report 

9 that describes— 

10 (1) acres treated; 

11 (2) ecological effects of the treatments; 

12 (3) economic effects of the program on the local 

13 and state economies; and 

14 (4) effects of the program on local, State, and 

15 regional employment. 

16 SEC. 802. PRECOMMERCIAL THINNING. 

17 (a) IN GENERAL.—Each year, the Secretary shall 

18 complete 5000 acres of precommercial thinning in the 

19 Mount Hood National Forest. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out this section 

22 $1,500,000 for each fiscal year for contract costs, plan23 ning, sale preparation, contract administration, and over24 head. 
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1 SEC. 803. WESTSIDE MATRIX FOREST PLANTATIONS 

2 THINNING FOR FOREST HEALTH. 

3 (a) IN GENERAL.—Each year, the Secretary shall 

4 thin approximately 1200 acres in Westside forest planta5 tions in the Northwest Forest Plan ‘‘Matrix’’ Allocation 

6 in the Mount Hood National Forest. 

7 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out this section 

9 $1,800,000 for each fiscal year for contract costs, plan10 ning, sale preparation, contract administration, and over11 head. 

12 SEC. 804. EASTSIDE THINNING FOR FOREST HEALTH. 

13 (a) IN GENERAL.—Each year, the Secretary shall 

14 thin Eastside forests in the Mount Hood National Forest 

15 using scientific principles. 

16 (b) TYPE OF TREATMENT.—Treatments under this 

17 section shall be conducted to move the stands within the 

18 natural range of variability by— 

19 (1) retaining all large and old trees; 

20 (2) emphasizing removal of mostly smaller 

21 trees; and 

22 (3) ensuring recruitment of future forest cover 

23 by retaining representative trees in all size classes 

24 and all native tree species. 

25 (c) REQUIREMENTS.—Consistent with subsection (b), 

26 the Eastside thinning shall be designed— 
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1 (1) to reduce overall stand density; 

2 (2) to remove encroaching shade tolerant spe3 cies; and 

4 (3) to reduce fuels. 

5 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to carry out this section 

7 $1,200,000 for each fiscal year for contract costs, plan8 ning, sale preparation, contract administration, and over9 head. 

10 SEC. 805. FUNDING. 

11 In carrying out this title, the Secretary may supple12 ment appropriated funds with funds from other sources, 

13 including— 

14 (1) Knutson-Vandenberg funds; 

15 (2) payments to counties; 

16 (3) insect and disease suppression funds from 

17 the Forest Service; 

18 (4) State and private forest health funds; 

19 (5) hazardous fuels reduction funds; and 

20 (6) restoration funds. 

21 SEC. 806. TERMINATION OF AUTHORITY. 

22 The authority provided by this title shall terminate 

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

24 of this Act. 
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1 TITLE IX—MISCELLANEOUS 

2 SEC. 901. WATERSHED MANAGEMENT AND RESTORATION. 

3 (a) IN GENERAL.—In developing management plans 

4 for the wilderness areas designated by section 101, the 

5 Secretary shall consider any relevant action plans, as de6 veloped by relevant watershed councils. 

7 (b) EFFECT.—Nothing in this section affects any ex8 isting rights or privileges of, or any contract affecting 

9 Federal land held by, any private party without the con10 sent of the private party. 

11 SEC. 902. BRIDGES OVER WILD AND SCENIC RIVERS. 

12 The maintenance of bridges over wild and scenic riv13 ers designated by this Act and within the Mount Hood 

14 National Forest shall not be considered water and re15 source development. 

16 SEC. 903. MIDDLEFORK IRRIGATION DISTRICT. 

17 Nothing in this Act affects the ability of the 

18 Middlefork Irrigation District to operate in a similar man19 ner as the District operated on the day before the date 

20 of enactment of this Act. 

21 SEC. 904. PROTECTION OF TRIBAL RIGHTS. 

22 Nothing in this Act— 

23 (1) diminishes the existing rights of any Indian 

24 tribe; or 
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1 (2) diminishes tribal rights regarding access to 

2 Federal land for tribal activities, including spiritual, 

3 cultural, and traditional food gathering activities. 

4 SEC. 905. REVENUE RETENTION. 

5 (a) IN GENERAL.—Except as provided in subsection 

6 (b), in order for the Secretary to provide the appropriate 

7 level of management in the Mount Hood National Forest, 

8 the Secretary is authorized to retain fees from the leases 

9 of the recreation residences and special use permits in the 

10 Mount Hood National Forest. 

11 (b) EXCLUSION.—For the purposes of this Act, the 

12 Secretary may not retain fees collected under the Act of 

13 April 24, 1950 (commonly known as the Granger-Thye 

14 Act) (64 Stat. 82, chapter 97). 

15 TITLE X—AUTHORIZATION OF 

16 APPROPRIATIONS 

17 SEC. 1001. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated such sums 

19 as are necessary to carry out this Act.

Æ