II 

109TH CONGRESS 

2D SESSION S. 3854 

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

other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 6, 2006 

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 2006’’. 

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 


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Sec. 101. Findings and purpose. 

Sec. 102. Lewis and Clark Mount Hood wilderness areas. 

Sec. 103. Map and legal descriptions. 

Sec. 104. Administration. 

Sec. 105. Buffer zones. 

Sec. 106. Fire safe community zones. 

Sec. 107. Gateway communities. 

Sec. 108. Fish and wildlife; hunting and fishing. 

Sec. 109. Trail restoration and study. 

Sec. 110. Fire, insects, and diseases. 

Sec. 111. Land reclassification. 

Sec. 112. Valid existing rights and withdrawal. 

Sec. 113. Maintenance and replacement of foot bridges in wilderness areas. 

Sec. 114. Richard L. Kohnstamm Memorial Area. 

TITLE II—DESIGNATION OF STREAMS FOR WILD AND SCENIC 

RIVER PROTECTION IN THE MOUNT HOOD AREA 

Sec. 201. Finding and purpose. 

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

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

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. Culvert replacement. 

Sec. 406. Clarification of treatment of State highways. 

TITLE V—LAND EXCHANGE 

Subtitle A—Cooper Spur-Government Camp Land Exchange 

Sec. 501. Purpose. 

Sec. 502. Cooper Spur-Government Camp land exchange. 

Subtitle B—Other Land Exchanges 

Sec. 511. Land exchange, Port of Cascade Locks-Pacific Crest National Scenic 

Trail. 

Sec. 512. Hunchback Mountain land exchange, Clackamas County. 

TITLE VI—MOUNT HOOD NATIONAL FOREST AND WATERSHED 

STEWARDSHIP 

Sec. 601. Findings and purpose. 

Sec. 602. Forest stewardship assessment. 

Sec. 603. Sustainable biomass utilization study. 

Sec. 604. Watershed management memoranda of understanding. 

Sec. 605. Termination of authority. 


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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. 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 inVerDate Aug 31 2005 06:52 Sep 08, 2006 Jkt 049196 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3854.IS S3854

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1 habited the land in and around Mount Hood and the 

2 Columbia Gorge; 

3 (3) some of the tribes along the Columbia River 

4 were part of the Chinook family; 

5 (4) many of the people of the tribes— 

6 (A) used canoes made from cedar logs; 

7 (B) were expert fisherman; 

8 (C) told fire legends about the mid-Colum9 bia volcanic peaks that featured warrior heroes, 

10 fair ladies, and numerous gods; and 

11 (D) Mount Hood as Wy’East, the warrior 

12 whose passionate love caused the region to be 

13 transformed as he hurled powerful volcanic fire 

14 in his quest for the love of the gentle maiden 

15 Loo-wit, known today as Mount St. Helens; 

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

17 the Lewis and Clark Corps of Discovery expedition 

18 was awed by the unspoiled scenic splendors of the 

19 Cascade Mountains and the Columbia River Gorge 

20 cutting through the mountain rampart; 

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

22 journal: ‘‘I ascended a high cliff, about 200 feet 

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

24 plain, extending up the river and off for a great exVerDate Aug 31 2005 06:52 Sep 08, 2006 Jkt 049196 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3854.IS S3854

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1 tent. From this place I discovered a mountain of im2 mense height, covered with snow.’’; 

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

4 the Oregon territory by way of the Oregon Trail, 

5 transforming more accessible portions of the wild 

6 landscape into farms, orchards, and small commu7 nities using the old growth forests; 

8 (8) in 1845, Oregon Trail pioneers Samuel K. 

9 Barlow and Joel Palmer and their parties opened 

10 the Barlow Trail across Barlow Pass, high on the 

11 south slopes of Mount Hood, with Palmer writing on 

12 October 11, 1845: ‘‘I had never seen a sight so 

13 nobly grand.’’; 

14 (9) even as the settlers transformed the wilder15 ness, that frontier land helped develop in the settlers 

16 the characteristics of self-reliance, fortitude, hard 

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

18 people of Oregon and the entire United States cher19 ish to this day and wish to inculcate in their chil20 dren; 

21 (10) the unprotected wilderness that remains in 

22 the Mount Hood and Columbia River Gorge region 

23 provides easily accessible outdoor recreation for the 

24 descendants of the early settlers and more recent ar25 rivals; 


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1 (11) Mount Hood is home to the historic Tim2 berline Lodge, which— 

3 (A) is a National Historic Landmark; 

4 (B) was built as a project by the Federal 

5 Works Progress Administration in 1937; and 

6 (C) was restored to its former grandeur by 

7 the dedication and stewardship of Richard L. 

8 Kohnstamm; 

9 (12) preserving wilderness assures the integrity 

10 of the background and scenic views that enrich more 

11 developed forms of recreational use, including down12 hill skiing and roadside enjoyment of sweeping wil13 derness scenery; 

14 (13) designation as wilderness provides the 

15 strongest congressional protection of scientific, cul16 tural, educational, environmental, scenic, and rec17 reational values that contribute long-term quality of 

18 life and economic benefits to the people of Oregon, 

19 visitors to Oregon, and local communities in and 

20 around the Mount Hood National Forest, including 

21 the wilderness-dependent wildlife, high water quality, 

22 and resident and anadromous fish that thrive in un23 disturbed ecosystems; 


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1 (14) the Mount Hood National Forest is the 

2 seventh most visited National Forest in the United 

3 States; 

4 (15) wilderness management is interrelated 

5 with and will interface with the established activities 

6 and management of adjacent land, particularly when 

7 the land is high-density recreation land; 

8 (16) Mount Hood National Forest is predomi9 nantly used by the public for mechanized and non10 mechanized activities, such as hiking, camping, and 

11 fishing, which according to the Mount Hood Na12 tional Forest Management Plan, are projected to in13 crease dramatically over time; 

14 (17) the Land and Resource Management Plan 

15 for Mount Hood National Forest provides that ‘‘the 

16 present capability to supply recreational opportuni17 ties such as hiking on trails in primitive and semi18 primitive non-motorized areas is predicted to fall 

19 short of satisfying demand’’; 

20 (18) according to the plan described in para21 graph (17), the Mount Hood National Forest— 

22 (A) provides resources for nearly 2 times 

23 the current demand for developed recreation 

24 such as skiing, power boating, and sightseeing 

25 by car; but 


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(B) meets less than 2 1 ⁄3 of the demand for 

2 back country recreation; 

3 (19) the Management Plan for Mount Hood 

4 National Forest projects that by 2040, the Mount 

5 Hood National Forest will only meet 16 percent of 

6 the demand for wilderness recreation, while meeting 

7 more than 100 percent of the demand for mecha8 nized recreation; 

9 (20) because the Mount Hood National Forest 

10 provides drinking water for more than 16 commu11 nities and over 40 percent of Oregon residents, man12 agement of the Mount Hood National Forest needs 

13 to take into consideration plans developed by local 

14 watershed councils in managing the forest; and 

15 (21) the management of the Mount Hood Na16 tional Forest should address practical, site-specific 

17 situations in a manner that supports wilderness and 

18 the general environmental, economic, and commu19 nity-related welfare of the mountain. 

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) OLD GROWTH.—The term ‘‘old growth’’, 

4 with respect to a tree or grove of trees, means a tree 

5 or grove that is— 

6 (A) at last 120 years old; or 

7 (B) previously unmanaged. 

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

9 means— 

10 (A) when used in reference to Forest Serv11 ice land, the Secretary of Agriculture; and 

12 (B) when used in reference to Bureau of 

13 Land Management land, the Secretary of the 

14 Interior. 

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

16 of Oregon. 

17 TITLE I—DESIGNATION OF 

18 WILDERNESS AREAS 

19 SEC. 101. FINDINGS AND PURPOSE. 

20 (a) FINDINGS.—Congress finds that— 

21 (1) the most recent designation of wilderness in 

22 the Mount Hood National Forest occurred in 1984; 

23 and 

24 (2) the designation of an additional 128,400 

25 acres as a wilderness area by this title will increase 


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1 the amount of wilderness designated as a wilderness 

2 area in the Mount Hood National Forest by 68 per3 cent. 

4 (b) PURPOSE.—The purpose of this title is to des5 ignate approximately 128,400 acres of National Forest 

6 System land in the Mount Hood National Forest as a wil7 derness area. 

8 SEC. 102. LEWIS AND CLARK MOUNT HOOD WILDERNESS 

9 AREAS. 

10 (a) DESIGNATIONS.—In accordance with the Wilder11 ness Act (16 U.S.C. 1131 et seq.), the following areas in 

12 the State are designated as wilderness areas and as com13 ponents of the National Wilderness Preservation System: 

14 (1) BADGER CREEK WILDERNESS ADDITIONS.— 

15 Certain Federal land managed by the Forest Serv16 ice, comprising approximately 3,700 acres, as gen17 erally depicted on the maps entitled ‘‘Badger Creek’’ 

18 and ‘‘Bonnie Butte’’, dated September 2006, which 

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

20 the Badger Creek Wilderness, as designated by sec21 tion 3(3) of the Oregon Wilderness Act of 1984 (16 

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

23 (2) BULL OF THE WOODS WILDERNESS ADDI24 TION.—Certain Federal land managed by the Forest 

25 Service, comprising approximately 6,870 acres, as 


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

2 Woods’’, dated June 2006, which is incorporated in, 

3 and considered to be a part of, the Bull of the 

4 Woods Wilderness, as designated by section 3(4) of 

5 the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 

6 note; 98 Stat. 273). 

7 (3) CLACKAMAS WILDERNESS.—Certain Federal 

8 land managed by the Forest Service and Bureau of 

9 Land Management, comprising approximately 

10 11,900 acres, as generally depicted on the maps en11 titled ‘‘Clackamas Canyon’’, ‘‘Big Bottom’’, 

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

13 Butte’’, and ‘‘Upper Big Bottom’’, dated September 

14 2006, which shall be known as the ‘‘Clackamas Wil15 derness’’. 

16 (4) LOWER WHITE RIVER WILDERNESS.—Cer17 tain Federal land managed by the Forest Service 

18 and Bureau of Land Management, comprising ap19 proximately 2,850 acres, as generally depicted on the 

20 map entitled ‘‘Lower White River’’, dated September 

21 2006, which shall be known as the ‘‘Lower White 

22 River Wilderness’’. 

23 (5) MARK O. HATFIELD WILDERNESS ADDI24 TIONS.—Certain Federal land managed by the For25 est Service, comprising approximately 26,000 acres, 


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1 as generally depicted on the maps entitled ‘‘Gorge 

2 Ridgeline’’ and ‘‘Larch Mountain’’, dated September 

3 2006, which shall be known as the ‘‘Mark O. Hat4 field Wilderness Additions’’. 

5 (6) MOUNT HOOD WILDERNESS ADDITIONS.— 

6 Certain Federal land managed by the Forest Serv7 ice, comprising approximately 21,580 acres, as gen8 erally depicted on the maps entitled ‘‘Elk Cove/ 

9 Mazama Addition’’, ‘‘Sandy Additions’’, ‘‘Tilly 

10 Jane’’, ‘‘Sand Canyon’’, ‘‘Lost Lake’’, ‘‘Twin 

11 Lakes’’, ‘‘Barlow Butte’’, ‘‘White River’’, and ‘‘Rich12 ard L. Kohnstamm Memorial Area’’, dated Sep13 tember 2006, which are incorporated in, and consid14 ered to be a part of, the Mount Hood Wilderness as 

15 designated under section 3(a) of the Wilderness Act 

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

17 the Endangered American Wilderness Act of 1978 

18 (16 U.S.C. 1132 note; 92 Stat. 43). 

19 (7) ROARING RIVER WILDERNESS.—Certain 

20 Federal land managed by the Forest Service, com21 prising approximately 37,750 acres, as generally de22 picted on the map entitled ‘‘Roaring River Wilder23 ness’’, dated September 2006, which shall be known 

24 as the ‘‘Roaring River Wilderness’’. 


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1 (8) SALMON-HUCKLEBERRY WILDERNESS ADDI2 TIONS.—Certain Federal land managed by the For3 est Service, comprising approximately 17,720 acres, 

4 as generally depicted on the maps entitled ‘‘Alder 

5 Creek Addition’’, ‘‘Eagle Creek Addition’’, ‘‘Mirror 

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

7 and ‘‘Hunchback Mountain’’, dated September 2006, 

8 which are incorporated in, and considered to be a 

9 part of, the Salmon-Huckleberry Wilderness, as des10 ignated by section 3(2) of the Oregon Wilderness 

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

12 (b) EFFECT OF DESIGNATIONS.— 

13 (1) ELECTRIC UTILITIES.—The areas in the 

14 State that are designated as wilderness areas and as 

15 components of the National Wilderness Preservation 

16 System under subsection (a) shall not— 

17 (A) include any land that on the date of 

18 enactment of this Act is— 

19 (i) licensed for a hydroelectric project 

20 by the Federal Energy Regulatory Com21 mission; or 

22 (ii) located within 200 feet of an elec23 tric power line in the White River Unit of 

24 the Mount Hood Wilderness Additions 

25 under subsection (a)(6); or 


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1 (B) affect any activity relating to the oper2 ation, maintenance, or construction of a project 

3 described in clause (i) or (ii) of subparagraph 

4 (A). 

5 (2) COLUMBIA GORGE AIRSHED.—The area de6 picted on the maps entitled ‘‘Gorge Ridgeline Wil7 derness’’ and ‘‘Large Mountain’’, dated September 

8 2006, that is designated as a wilderness area and as 

9 a component of the National Wilderness Preserva10 tion System under subsection (a) shall not result in 

11 the designation of a Class I airshed in the Columbia 

12 Gorge through Federal regulatory action. 

13 SEC. 103. MAP AND LEGAL DESCRIPTIONS. 

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

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

16 map entitled ‘‘Lewis and Clark Mount Hood Wilderness 

17 Additions of 2006’’, dated September 2006, and a legal 

18 description of each wilderness area designated by this title, 

19 with— 

20 (1) the Committee on Energy and Natural Re21 sources of the Senate; and 

22 (2) the Committee on Resources of the House 

23 of Representatives. 

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

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


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

2 may correct typographical errors in the map and each 

3 legal description. 

4 (c) PUBLIC AVAILABILITY.—Each map and legal de5 scription filed under subsection (a) shall be on file and 

6 available for public inspection in— 

7 (1) the office of the Chief of the Forest Service; 

8 (2) the office of the Director of the Bureau of 

9 Land Management; and 

10 (3) the applicable local Forest Service and Bu11 reau of Land Management offices. 

12 SEC. 104. ADMINISTRATION. 

13 (a) IN GENERAL.—Subject to valid rights in exist14 ence on the date of enactment of this Act, each wilderness 

15 area designated under this title shall be administered by 

16 the Secretary in accordance with the Wilderness Act (16 

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

18 (b) CONSISTENT INTERPRETATION TO THE PUB19 LIC.—Notwithstanding their separate jurisdictions, the 

20 Secretary of Agriculture and the Secretary of the Interior 

21 shall collaborate to ensure that the wilderness areas des22 ignated by this title, if appropriate, are interpreted for the 

23 public as an overall complex related by— 

24 (1) common location in the Mount Hood-Co25 lumbia River Gorge region; 


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1 (2) the abundant history of Native American 

2 use; 

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

4 (4) the pioneer settlement and growth of the 

5 State; and 

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

7 the residents of the State. 

8 (c) INCORPORATION OF ACQUIRED LAND AND INTER9 ESTS.—Any land or interest in land located within the 

10 boundaries of an area designated as a wilderness area by 

11 this title that is acquired by the United States after the 

12 date of enactment of this Act shall be added to, and ad13 ministered as part of, the wilderness area within which 

14 the acquired land or interest is located. 

15 SEC. 105. BUFFER ZONES. 

16 (a) IN GENERAL.—As provided in the Oregon Wilder17 ness Act of 1984 (16 U.S.C. 1132 note; Public Law 98– 

18 328), Congress does not intend for designation of wilder19 ness areas in the State under this title to lead to the cre20 ation of protective perimeters or buffer zones around each 

21 wilderness area. 

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

23 fact that nonwilderness activities or uses can be seen or 

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


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

2 wilderness area. 

3 SEC. 106. FIRE SAFE COMMUNITY ZONES. 

4 Consistent with the Mount Hood National Forest 

5 Management Plan and the Healthy Forests Restoration 

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

7 construct a strategic system of defensible fuel profile zones 

8 (including shaded fuelbreaks, thinning, individual tree se9 lection, and other methods of vegetation management) be10 tween the wilderness boundary and the community bound11 ary around Cascade Locks and Government Camp. 

12 SEC. 107. GATEWAY COMMUNITIES. 

13 (a) IN GENERAL.—The Secretary may provide grants 

14 to communities that are gateways to Mount Hood Wilder15 ness areas, including the Hoodland Fire District, Govern16 ment Camp, and the villages surrounding Mount Hood, 

17 and the appropriate county governments in the State, to 

18 be administered through the Forest Service State and Pri19 vate Forestry program. 

20 (b) LIMITATION OF FUNDS.—The total amount of 

21 funds provided by the Secretary to gateway communities 

22 under subsection (a) shall not exceed $10,000,000. 

23 SEC. 108. FISH AND WILDLIFE; HUNTING AND FISHING. 

24 (a) FISH AND WILDLIFE.—In furtherance of the pur25 poses of the Wilderness Act (16 U.S.C. 1131 et seq.), the 


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1 Secretary may carry out management activities to main2 tain or restore fish and wildlife populations and fish and 

3 wildlife habitats on the National Forest System land des4 ignated as wilderness by section 102 if those activities 

5 are— 

6 (1) consistent with applicable wilderness man7 agement plans; and 

8 (2) carried out in accordance with applicable 

9 guidelines and policies. 

10 (b) BULL TROUT RESTORATION PROJECT.— 

11 (1) IN GENERAL.—Nothing in this Act affects 

12 the authority of the Secretary to carry out the Bull 

13 Trout restoration project underway as of the date of 

14 enactment of this Act in Clear Branch Creek. 

15 (2) MINIMUM TOOL POLICIES.—The Secretary 

16 shall carry out the Bull Trout restoration project 

17 under paragraph (1) in accordance with the min18 imum tools policies of the Forest Service. 

19 SEC. 109. TRAIL RESTORATION AND STUDY. 

20 (a) PALMETEER TRAIL RESTORATION.— 

21 (1) IN GENERAL.—It is the intent of Congress 

22 that nothing in this title shall prevent the Secretary 

23 from conducting the planned Palmateer Trail res24 toration project underway as of the date of enact25 ment of this Act in the Twin Lakes area of the 


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1 Mount Hood National Forest to restore the quality 

2 of the Trail. 

3 (2) MINIMUM TOOLS POLICIES.—The Secretary 

4 shall carry out the Palmateer Trail restoration 

5 project described in paragraph (1) in accordance 

6 with the minimum tools policies of the Forest Serv7 ice. 

8 (b) STUDY OF COOL CREEK TRAIL 794.—The Sec9 retary shall conduct a study of the appropriate public use 

10 of Cool Creek Trail 794. 

11 SEC. 110. FIRE, INSECTS, AND DISEASES. 

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

13 (16 U.S.C. 1133(d)(1)), within the wilderness areas des14 ignated by this Act, the Secretary of Agriculture (in col15 laboration with the Secretary of the Interior, where appro16 priate) may take such measures as are necessary to con17 trol fire, insects, and diseases, subject to such conditions 

18 as the Secretary of Agriculture (in collaboration with the 

19 Secretary of the Interior where appropriate) determines 

20 to be desirable. 

21 SEC. 111. LAND RECLASSIFICATION. 

22 (a) OREGON AND CALIFORNIA RAILROAD LAND.— 

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

24 this Act, the Secretary of Agriculture and the Secretary 

25 of the Interior shall identify any Oregon and California 


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

2 of August 28, 1937 (43 U.S.C. 1181f), within the bound3 ary of the Clackamas Wilderness, as generally depicted on 

4 the map entitled ‘‘South Fork Clackamas’’, dated Sep5 tember 2006. 

6 (b) PUBLIC DOMAIN LAND.— 

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

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

9 (A) has the meaning given the term ‘‘pub10 lic land’’ in section 103 of the Federal Land 

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

12 1702); and 

13 (B) does not include any land managed 

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

15 1181a et seq.). 

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

17 after the date of enactment of this Act, the Sec18 retary of the Interior shall identify public domain 

19 land within the State that is approximately equal in 

20 acreage of land described in subsection (a), but is 

21 not subject to the Act of August 28, 1937 (43 

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

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

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

25 Interior shall submit to Congress and publish in the 


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1 Federal Register, 1 or more maps depicting the land 

2 identified under subsections (a) and this subsection. 

3 (4) RECLASSIFICATION.—After providing an op4 portunity for public comment, the Secretary of the 

5 Interior shall administratively reclassify— 

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

7 public domain land that is not subject to sec8 tion 201 of the Act of August 28, 1937 (43 

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

10 (B) the land described in this subsection as 

11 Oregon and California Railroad Land that is 

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

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

14 SEC. 112. VALID EXISTING RIGHTS AND WITHDRAWAL. 

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

16 affects any valid existing right. 

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

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

19 referred to in section 102 is withdrawn from all forms of— 

20 (1) appropriation; 

21 (2) disposal under public law; 

22 (3) location, entry, and patent under mining 

23 law; and 

24 (4) disposition under all laws pertaining to min25 eral and geothermal leasing or mineral materials. 


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1 SEC. 113. 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 work under subsection 

13 (a) in accordance with the minimum tools policies of the 

14 Forest Service. 

15 SEC. 114. RICHARD L. KOHNSTAMM MEMORIAL AREA. 

16 (a) DESIGNATION.—Certain Federal land managed 

17 by the Forest Service, comprising approximately 30 acres, 

18 as generally depicted on the map entitled ‘‘Richard L. 

19 Kohnstamm Memorial Area’’, dated September 2006, and 

20 approximately 157 acres of designated wilderness, as gen21 erally depicted on the map entitled ‘‘Richard L. 

22 Kohnstamm Memorial Area’’, dated September 2006, 

23 shall be known and designated as the ‘‘Richard L. 

24 Kohnstamm Wilderness’’. 

25 (b) REFERENCES.—Any reference in a law, map, reg26 ulation, document, paper, or other record of the United 


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

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

3 Wilderness. 

4 (c) BOUNDARY.— 

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

6 consist of land located within the boundary depicted 

7 on the map entitled ‘‘Richard L. Kohnstamm Memo8 rial Area’’, dated September 2006. 

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

10 on file and available for public inspection in the ap11 propriate offices of the Forest Service. 

12 TITLE II—DESIGNATION OF 

13 STREAMS FOR WILD AND SCE14 NIC RIVER PROTECTION IN 

15 THE MOUNT HOOD AREA 

16 SEC. 201. FINDING AND PURPOSE. 

17 (a) FINDING.—Congress finds that the addition of 81 

18 miles of waterways to the National Wild and Scenic River 

19 System in the Mount Hood National Forest would in20 crease the total length of the portion of the National Wild 

21 and Scenic River System that is located in the Mount 

22 Hood National Forest by approximately 47 percent. 

23 (b) PURPOSE.—The purpose of this title is to des24 ignate approximately 81 miles of waterways in the Mount 


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1 Hood National Forest as additions to the National Wild 

2 and Scenic Rivers System. 

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

4 HOOD NATIONAL FOREST. 

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

6 U.S.C. 1274(a)) is amended— 

7 (1) by designating the undesignated paragraph 

8 relating to the White Salmon River as paragraph 

9 (167); and 

10 (2) by adding at the end the following: 

11 ‘‘(168) MOUNT HOOD NATIONAL FOREST, OR12 EGON.—The following segments in the Mount Hood 

13 National Forest in the State of Oregon, to be ad14 ministered by the Secretary of Agriculture: 

15 ‘‘(A) The 4.1-mile segment of the South 

16 Fork of the Clackamas River from its con17 fluence with the East Fork of the South Fork 

18 of the Clackamas to the its confluence with the 

19 Clackamas River, as a scenic river. 

20 ‘‘(B) The 8.5-mile segment of Eagle Creek 

21 from its headwaters to the Mount Hood Na22 tional Forest boundary, of which— 

23 ‘‘(i) the 6.7-mile segment from its 

24 headwaters to the west section line of T. 3 

25 S., R. 6 E., sec. 20, as a wild river; and 


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1 ‘‘(ii) the remaining 1.8-mile segment 

2 from that section line, as a recreational 

3 river. 

4 ‘‘(C) The 3.7-mile segment of the Middle 

5 Fork of the Hood River from the confluence of 

6 Clear and Coe Branches to the Mount Hood 

7 National Forest boundary of sec. 11 and 12 in 

8 T. 1 S., R. 9 and 10 E., as a scenic river. 

9 ‘‘(D) The 4.6-mile segment of the South 

10 Fork Roaring River from its headwaters to its 

11 confluence with Roaring River, as a wild river. 

12 ‘‘(E) The 4.3-mile segment of the Zig Zag 

13 River from its headwaters to the Mount Hood 

14 Wilderness boundary, as a wild river. 

15 ‘‘(F) The 11.1-mile segment of Fifteenmile 

16 Creek from its source at Senecal Spring to the 

17 Mount Hood National Forest boundary, includ18 ing— 

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

20 source at Senecal Spring to the Badger 

21 Creek Wilderness boundary, as a wild 

22 river; 

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

24 Badger Creek Wilderness boundary to the 


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1 point 0.4 miles downstream, as a scenic 

2 river; 

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

4 point 0.4 miles downstream of the Badger 

5 Creek Wilderness boundary to the western 

6 edge of sec. 20, T. 2 S., R. 12 E., WM, 

7 as a wild river; and 

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

9 western edge of section 20, T. 2 S., R. 12 

10 E., WM to the Mount Hood National For11 est boundary, as a scenic river; 

12 ‘‘(G) The 13.5-mile segment of the East 

13 Fork Hood River from Oregon State Highway 

14 35 to the Mount Hood National Forest bound15 ary, as a recreational river. 

16 ‘‘(H) The 17.8-mile segment of the 

17 Collawash River from the headwaters of the 

18 East Fork Collawash to the confluence with the 

19 Clackamas River, of which— 

20 ‘‘(i) the 11.0-mile segment from the 

21 headwaters of the East Fork Collawash 

22 River to Buckeye Creek, as a scenic river; 

23 and 


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1 ‘‘(ii) the 6.8-mile segment from Buck2 eye Creek to the Clackamas River, as a 

3 recreational river. 

4 ‘‘(I) The 13.6-mile segment of Fish Creek 

5 from its headwaters to the confluence with the 

6 Clackamas River, as a recreational river.’’. 

7 SEC. 203. IMPACT ON WATER RIGHTS AND FLOW REQUIRE8 MENTS. 

9 (a) RELATION TO EXISTING REQUIREMENTS.—Con10 gress does not intend for the designation of any portion 

11 of the Hood River under section 3(a) of the Wild and Sce12 nic Rivers Act (16 U.S.C. 1274(a)), as amended by this 

13 Act, to have any impact on any water right or flow re14 quirement relating to— 

15 (1) the Middle Fork Irrigation District; 

16 (2) the East Fork Irrigation District; or 

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

18 (b) EXCLUSION OF OPERATIONAL AREAS.—Congress 

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

20 Hood River under section 3(a) of the Wild and Scenic Riv21 ers Act (16 U.S.C. 1274(a)), as amended by this Act, to 

22 include any portion of the operational area of— 

23 (1) the Middle Fork Irrigation District; 

24 (2) the East Fork Irrigation District; or 

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


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1 TITLE III—MOUNT HOOD 

2 NATIONAL RECREATION AREA 

3 SEC. 301. DESIGNATION. 

4 (a) DESIGNATION.—The Mount Hood National 

5 Recreation Area shall be known and designated as the 

6 ‘‘Mount Hood National Recreation Area’’. 

7 (b) REFERENCES.—Any reference in a law, map, reg8 ulation, document, paper, or other record of the United 

9 States to the Mount Hood National Recreation Area shall 

10 be deemed to be a reference to the Mount Hood National 

11 Recreation Area. 

12 (c) BOUNDARY.— 

13 (1) IN GENERAL.—The Mount Hood National 

14 Recreation Area shall consist of land located within 

15 the boundary depicted on the map entitled ‘‘Mount 

16 Hood National Recreation Area’’, dated September 

17 2006. 

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

19 on file and available for public inspection in the ap20 propriate offices of the Forest Service and Bureau 

21 of Land Management. 

22 (d) ADMINISTRATION.—The Secretary shall admin23 ister the Mount Hood National Recreation Area in accord24 ance with the laws, rules, and regulations applicable to 

25 the national forests for public outdoor recreation— 


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1 (1) in a manner that— 

2 (A) protects and maintains— 

3 (i) the diverse recreational opportuni4 ties of the Mount Hood National Recre5 ation Area for public use; and 

6 (ii) fish and wildlife habitats; 

7 (B) conserves the scenic, recreational, cul8 tural, scientific, spiritual, and other values of 

9 the Mount Hood National Recreation Area that 

10 contribute to the benefit of the public; 

11 (C) preserves each feature and peculiarity 

12 of the Mount Hood National Recreation Area 

13 believed to be biologically significant, includ14 ing— 

15 (i) rare and endemic plant species; 

16 (ii) rare combinations of aquatic, ter17 restrial, and atmospheric habitats; and 

18 (iii) rare combinations of outstanding 

19 and diverse ecosystems and parts of associ20 ated ecosystems; 

21 (D) protects archeological and paleontolog22 ical sites and interprets those sites for the ben23 efit of the public; 

24 (E) maintains and enhances the desired 

25 structural components consistent with StandVerDate Aug 31 2005 06:52 Sep 08, 2006 Jkt 049196 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S3854.IS S3854

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1 ards and Guidelines of the Northwest Forest 

2 Plan; and 

3 (F) prevents any cutting, sale, or removal 

4 of timber except where the cutting, sale, or re5 moval of timber— 

6 (i) improves the health of the forest 

7 and— 

8 (I) maximizes the retention of 

9 large trees as appropriate to the for10 est type, to the extent that those trees 

11 promote stands that are fire-resilient 

12 and healthy; 

13 (II) improves the habitats of 

14 threatened, endangered, proposed, or 

15 sensitive species; and 

16 (III) maintains or restores the 

17 composition and structure of the eco18 system by reducing the risk of 

19 uncharacteristic wildfire effects; 

20 (ii) is incidental to the accomplish21 ment of an approved management activity 

22 not otherwise prohibited; or 

23 (iii) is for personal or administrative 

24 use; and 


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1 (2) to prevent the new or temporary construc2 tion or reconstruction of roads, except when the new 

3 or temporary construction or reconstruction of roads 

4 is required— 

5 (A) to protect the health and safety of in6 dividuals in cases of an imminent threat of 

7 flood, fire, or any other catastrophic event that, 

8 without intervention, would cause the loss of 

9 life or property; 

10 (B) to conduct environmental cleanup re11 quired by the Federal Government; 

12 (C) to allow for reserved or outstanding 

13 rights provided for by a statute or treaty; 

14 (D) to prevent irreparable resource damage 

15 by an existing road; 

16 (E) to rectify a hazardous road condition; 

17 (F) as part of a Federal-aid highway 

18 project; or 

19 (G) in conjunction with— 

20 (i) the continuation, extension, or re21 newal of a mineral lease on land that is 

22 under lease; or 

23 (ii) a new mineral lease that is issued 

24 immediately after the expiration of an ex25 isting mineral lease. 


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1 (e) CHAINSAWS.—The Secretary may use chainsaws 

2 to maintain existing trails in the Mount Hood National 

3 Recreation Area. 

4 TITLE IV—TRANSPORTATION 

5 AND COMMUNICATION SYSTEMS 

6 SEC. 401. DEFINITION OF MOUNT HOOD REGION. 

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

8 (1) Mount Hood and the other land located ad9 jacent to the mountain; 

10 (2) any segment of the Oregon State Highway 

11 26 corridor that is located in or near Mount Hood 

12 National Forest; 

13 (3) any segment of the Oregon State Highway 

14 35 corridor that is located in or near Mount Hood 

15 National Forest; 

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

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

18 Hood National Forest; and 

19 (5) any gateway community located adjacent to 

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

21 or (4). 

22 SEC. 402. TRANSPORTATION PLAN. 

23 (a) IN GENERAL.—The Secretary shall collaborate 

24 with the State to develop an integrated, multimodal trans25 portation plan for the Mount Hood region to achieve comVerDate Aug 31 2005 06:52 Sep 08, 2006 Jkt 049196 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S3854.IS S3854

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1 prehensive solutions to transportation challenges in the 

2 Mount Hood region— 

3 (1) to promote appropriate economic develop4 ment; 

5 (2) to preserve the landscape of the Mount 

6 Hood region; and 

7 (3) to enhance public safety. 

8 (b) PLANNING PROCESS.—The transportation plan 

9 under subsection (a) shall— 

10 (1) conform with Federal and Oregon transpor11 tation planning requirements; and 

12 (2) be developed through a collaborative proc13 ess, preferably through the use of a commission 

14 composed of interested persons appointed by the 

15 State, with representation from the Forest Service 

16 and local governments in the Mount Hood region. 

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

18 subsection (a) shall address issues relating to— 

19 (1) the transportation of individuals to and 

20 from areas outside the Mount Hood region on major 

21 corridors traversing that region; and 

22 (2) the transportation of individuals to and 

23 from locations that are located within the Mount 

24 Hood region. 


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1 (d) CONTENTS OF PLAN.—At a minimum, the trans2 portation plan under subsection (a) shall consider— 

3 (1) transportation alternatives between and 

4 among recreation areas and gateway communities 

5 that are located within the Mount Hood region; 

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

7 shall be located at gateway communities; 

8 (3) establishing intermodal transportation cen9 ters to link public transportation, parking, and 

10 recreation destinations; 

11 (4) creating a new interchange on Oregon State 

12 Highway 26 that shall be located adjacent to or 

13 within Government Camp; 

14 (5) designating, maintaining, and improving al15 ternative routes using Forest Service or State roads 

16 for— 

17 (A) providing emergency routes; or 

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

19 the Mount Hood region; 

20 (6) reconstructing the segment of Oregon State 

21 Highway 35 that is located between Mineral Creek 

22 and Baseline Road to address ongoing debris flow lo23 cations; and 


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1 (7) creating mechanisms for funding the imple2 mentation of the transportation plan under sub3 section (a), including— 

4 (A) funds provided by the Federal Govern5 ment; 

6 (B) public-private partnerships; 

7 (C) incremental tax financing; and 

8 (D) other financing tools that link trans9 portation infrastructure improvements with de10 velopment. 

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

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

13 carry out this section, the Secretary shall complete the 

14 transportation plan under subsection (a). 

15 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $2,000,000. 

18 SEC. 403. STUDY RELATING TO GONDOLA CONNECTION 

19 AND INTERMODAL TRANSPORTATION CEN20 TER. 

21 (a) FEASIBILITY STUDY.—The Secretary shall carry 

22 out a study of the feasibility of establishing— 

23 (1) a gondola connection that— 

24 (A) connects Timberline Lodge to Govern25 ment Camp; and 


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

2 of the historic gondola corridor; and 

3 (2) an intermodal transportation center to be 

4 located in close proximity to Government Camp. 

5 (b) CONSIDERATION OF MULTIPLE SITES.—In car6 rying out the feasibility study under subsection (a), the 

7 Secretary may consider 1 or more sites. 

8 SEC. 404. BURIAL OF POWER LINES. 

9 Because of the incongruent presence of power lines 

10 adjacent to or within wilderness areas, the Secretary may 

11 provide to Cascade Locks and Hood River County 

12 $3,200,000 through the Forest Service State and Private 

13 Forestry program to bury ground power lines adjacent to 

14 or within Mount Hood Wilderness areas, including wilder15 ness areas designated by this Act. 

16 SEC. 405. CULVERT REPLACEMENT. 

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

18 $1,000,000 to Clackamas County to replace or remove cul19 verts on the wild and scenic river segments in Clackamas 

20 County, Oregon, designated by title II. 

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

22 the Forest Service and Clackamas County to improve fish 

23 passage and the ecology of the wilderness designated by 

24 this Act shall not be considered water and resource devel25 opment. 


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1 SEC. 406. CLARIFICATION OF TREATMENT OF STATE HIGH2 WAYS. 

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

4 35 or other any other State highway in existence on the 

5 date of enactment of this Act (including all existing rights6 of-way and 150 feet on each side of the centerline, which7 ever is greater, that is adjacent to or within wilderness 

8 areas in the Mount Hood National Forest, including wil9 derness areas designated by this Act) shall be excluded 

10 from wilderness under this Act. 

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

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

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

14 the State— 

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

16 protect, or make any other improvement to Oregon 

17 State Highway 35 or any other State highway in ex18 istence on the date of enactment of this Act; 

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

20 right-of-way to operate, maintain, repair, recon21 struct, protect, or make any other improvement to 

22 those highways; or 

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

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

25 repair, reconstruct, protect, or make any other im26 provement to those highways. 


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1 (c) FLOOD PLAIN.—Congress encourages the car2 rying out of projects that will reduce the impact of Oregon 

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

4 Hood River. 

5 TITLE V—LAND EXCHANGE 

6 Subtitle A—Cooper Spur7 Government Camp Land Exchange 

8 SEC. 501. PURPOSE. 

9 The purpose of this subtitle is to recognize the years 

10 of work by local residents and political and business lead11 ers from throughout the States of Oregon and Washington 

12 to protect the north side of Mount Hood and bring to cul13 mination the land exchange authorized by section 502. 

14 SEC. 502. COOPER SPUR-GOVERNMENT CAMP LAND EX15 CHANGE. 

16 (a) CONVEYANCE REQUIRED.—With the exception if 

17 the Retained Conservation and Trail Easements under 

18 subsection (j), the Secretary shall convey to Mt. Hood 

19 Meadows Oreg., Limited Partnership (in this subtitle re20 ferred to as ‘‘Mt. Hood Meadows’’), all right, title, and 

21 interest of the United States in and to— 

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

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

25 County, Oregon, as depicted on the map entitled 


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

2 and dated September 2006 (in this subtitle referred 

3 to as the ‘‘official map’’); and 

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

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

7 on the official map. 

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

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

12 entities in and to— 

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

15 on the official map; 

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

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

20 Cooper Spur Ski Area, as depicted on the official 

21 map; and 

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

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

25 (c) APPRAISALS.— 


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1 (1) IN GENERAL.—The values of the lands to 

2 be exchanged under this Act shall be determined by 

3 appraisals using nationally recognized appraisal 

4 standards, including as appropriate— 

5 (A) the Uniform Appraisal Standards for 

6 Federal Land Acquisitions (1992); and 

7 (B) the Uniform Standards of Professional 

8 Appraisal Practice. 

9 (2) EXISTING APPRAISALS.—The Secretary 

10 shall review the appraisals of the land and other 

11 property to be conveyed under subsections (a) and 

12 (b) performed in 2005 by Appraiser Steven A. Hall, 

13 MAI, CCIM, for accuracy and compliance with para14 graph (1). If the Secretary determines that the ap15 praisals are accurate and meet the requirements of 

16 paragraph (1), then the Secretary may approve the 

17 appraisals. 

18 (3) TREATMENT OF EXCESS CONSIDERATION.— 

19 Should the appraisal determine a difference in val20 ues between the properties exchanged, in favor of 

21 the government, excess value donated to the United 

22 States will not be deemed a donation for tax pur23 poses. Donation of non-Federal land may exceed 25 

24 percent of the value of the Federal land. 


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1 (d) EQUAL VALUE EXCHANGE.—The values of the 

2 land to be exchanged under this section shall be deter3 mined pursuant to an appraisal acceptable to the Sec4 retary of Agriculture, the County and Mt. Hood Meadows 

5 Oreg., Limited Partnership. If the values are not equal, 

6 they shall be equalized in the manner provided in section 

7 206(b) of the Federal Land Policy and Management Act 

8 of 1976 (43 U.S.C. 1716(b)). 

9 (e) COMPLIANCE WITH EXISTING LAW.—Except as 

10 otherwise provided in this section, the Secretary shall 

11 carry out the land exchange under this section in the man12 ner provided in section 206 of the Federal Land Policy 

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

14 (f) CONDITIONS ON ACCEPTANCE.—Title to the non15 Federal land to be acquired by the Secretary of Agri16 culture under this section must be acceptable to the Sec17 retary, and the conveyances shall be subject to valid exist18 ing rights of record. The non-Federal land shall conform 

19 with the title approval standards applicable to Federal 

20 land acquisitions. 

21 (g) LEGAL DESCRIPTIONS.—The exact acreage and 

22 legal description of the land to be exchanged under this 

23 section shall be determined by surveys satisfactory to the 

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

25 as well as other administrative costs incurred to execute 


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1 the land exchange, shall be negotiated between the Sec2 retary and the County. 

3 (h) EXISTING RIGHTS.—The conveyance of Federal 

4 land under this section shall be subject to valid existing 

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

6 of Agriculture may grant substitute permit rights of equiv7 alent utility to use other Federal land. 

8 (i) COMPLETION OF LAND EXCHANGE.—The Sec9 retary of Agriculture shall complete all legal and regu10 latory processes required in connection with the land ex11 change under this section and complete the closing of the 

12 land exchange not later than 16 months after the date 

13 of the enactment of this Act. 

14 (j) RETAINED CONSERVATION AND TRAIL EASE15 MENTS.—In conjunction with the conveyance of title to 

16 Mt. Hood Meadows, the Secretary of Agriculture shall re17 serve a Conservation Easement to protect existing wet18 lands on the conveyed parcels, as determined by the Or19 egon Department of State Lands. Alternative equivalent 

20 wetland mitigation measures shall be allowed to com21 pensate for minor wetland encroachments necessary for 

22 the orderly development of the parcels. In addition, the 

23 Secretary of Agriculture shall reserve a Trail Easement 

24 which allows the non-motorized functional use by the pub25 lic of identified existing trails located on the conveyed parVerDate Aug 31 2005 06:52 Sep 08, 2006 Jkt 049196 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S3854.IS S3854

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1 cels as depicted on the map entitled ‘‘Government Camp 

2 Trail Map’’ and dated September 2006 as such trails may 

3 be improved or relocated to accommodate development of 

4 the property. The Trail Easement shall provide that roads, 

5 utilities and infrastructure facilities may cross such trails. 

6 Subtitle B—Other Land Exchanges 

7 SEC. 511. LAND EXCHANGE, PORT OF CASCADE LOCKS-PA8 CIFIC CREST NATIONAL SCENIC TRAIL. 

9 (a) CONVEYANCE REQUIRED.—The Secretary of Ag10 riculture shall convey to the Port of Cascade Locks, Cas11 cade Locks, Oregon (in this section referred to as the 

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

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

14 Columbia River Gorge National Scenic Area consisting of 

15 approximately 10 acres, as depicted on the map entitled 

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

17 Trail Land Exchange’’ and dated June 2006. 

18 (b) CONSIDERATION.—As consideration for the con19 veyance under subsection (a), the Port shall convey to the 

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

21 and to a parcel of land consisting of approximately 40 

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

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

24 integrity of the Pacific Crest National Scenic Trail in the 


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

2 the north Oregon entrance of the trail. 

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

4 land to be exchanged under this section shall be deter5 mined pursuant to an appraisal acceptable to the Sec6 retary of Agriculture and the Port. If the values are not 

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

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

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

11 otherwise provided in this section, the Secretary shall 

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

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

15 (e) CONDITIONS ON ACCEPTANCE.—Title to the non16 Federal land to be acquired by the Secretary of Agri17 culture under this section must be acceptable to the Sec18 retary, and the conveyances shall be subject to valid exist19 ing rights of record. The non-Federal land shall conform 

20 with the title approval standards applicable to Federal 

21 land acquisitions. 

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

23 legal description of the land to be exchanged under this 

24 section shall be determined by surveys satisfactory to the 

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


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1 as other administrative costs incurred to execute the land 

2 exchange, shall be negotiated between the Secretary and 

3 the Port. 

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

5 land under this section shall be subject to valid existing 

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

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

9 (h) COMPLETION OF LAND EXCHANGE.—The Sec10 retary of Agriculture shall complete all legal and regu11 latory processes required in connection with the convey12 ances under this section and complete the closing of the 

13 conveyances within 16 months after the date of the enact14 ment of this Act. 

15 SEC. 512. HUNCHBACK MOUNTAIN LAND EXCHANGE, 

16 CLACKAMAS COUNTY. 

17 (a) CONVEYANCE REQUIRED.—The Secretary of Ag18 riculture shall convey to Clackamas County, Oregon (in 

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

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

21 National Forest System land in the Mount Hood National 

22 Forest consisting of approximately 160 acres, as depicted 

23 on the map entitled ‘‘Hunchback Mountain Land Ex24 change-Clackamas County’’ and dated June 2006. 


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1 (b) CONSIDERATION.—As consideration for the con2 veyance under subsection (a), the County shall convey to 

3 the United States all right, title, and interest of the Coun4 ty in and to a parcel of land consisting of approximately 

5 160 acres, as depicted on the map referred to in sub6 section (a). The acquisition of this parcel will ensure the 

7 continued integrity of the forested land, a substantial por8 tion of which exceeds 120 years in age, and the public’s 

9 access to the parcel. 

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

11 land to be exchanged under this section shall be deter12 mined pursuant to an appraisal acceptable to the Sec13 retary of Agriculture and the County. If the values are 

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

15 in section 206(b) of the Federal Land Policy and Manage16 ment Act of 1976 (43 U.S.C. 1716(b)). 

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

18 otherwise provided in this section, the Secretary shall 

19 carry out the land exchange under this section in the man20 ner provided in section 206 of the Federal Land Policy 

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

22 (e) CONDITIONS ON ACCEPTANCE.—Title to the non23 Federal land to be acquired by the Secretary of Agri24 culture under this section must be acceptable to the Sec25 retary, and the conveyances shall be subject to valid existVerDate Aug 31 2005 06:52 Sep 08, 2006 Jkt 049196 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S3854.IS S3854

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1 ing rights of record. The non-Federal land shall conform 

2 with the title approval standards applicable to Federal 

3 land acquisitions. 

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

5 legal description of the land to be exchanged under this 

6 section shall be determined by surveys satisfactory to the 

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

8 as well as other administrative costs incurred to execute 

9 the land exchange, shall be negotiated between the Sec10 retary and the County. 

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

12 land under this section shall be subject to valid existing 

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

14 of Agriculture may grant substitute permit rights of equiv15 alent utility to use other Federal land. 

16 (h) COMPLETION OF LAND EXCHANGE.—The Sec17 retary of Agriculture shall complete all legal and regu18 latory processes required in connection with the land ex19 change under this section and complete the closing of the 

20 land exchange not later than 16 months after the date 

21 of the enactment of this Act. 


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1 TITLE VI—MOUNT HOOD NA2 TIONAL FOREST AND WATER3 SHED STEWARDSHIP 

4 SEC. 601. FINDINGS AND PURPOSE. 

5 The purpose of this title is to direct the Forest Serv6 ice to prepare an assessment to promote forested land7 scapes resilient to catastrophic fire, insects, and disease, 

8 to protect homes and communities from property damage 

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

10 existing community or municipal watersheds. It is the in11 tent of Congress that site-specific forest health projects 

12 undertaken pursuant to this assessment shall be com13 pleted in accordance with existing law. 

14 SEC. 602. FOREST STEWARDSHIP ASSESSMENT. 

15 (a) PREPARATION OF ASSESSMENT.—The Secretary 

16 of Agriculture shall prepare an assessment to identify the 

17 forest health needs in those areas of the Mount Hood Na18 tional Forest with a high incidence of insect or disease 

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

20 moderate-to-high risk of unnatural catastrophic wildfire 

21 for the purpose of improving condition class, which signifi22 cantly improves the forest health and water quality. The 

23 Secretary may utilize existing information to complete the 

24 assessment. The assessment shall also identify specific 

25 projects to address these issues. 


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1 (b) IMPROVED MAPPING.—The assessment will in2 clude peer reviewed mapping of condition class 2 and con3 dition class 3 areas and other areas identified in sub4 section (a) in Mount Hood National Forest. 

5 (c) COMPLETION.—The Secretary of Agriculture 

6 shall complete the assessment not later than 1 year after 

7 the date of enactment of this Act. 

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

9 cover a 10-year period. 

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

11 completion of the assessment, the Secretary shall com12 mence implementation of projects to address the needs 

13 identified in the assessment. These projects shall be imple14 mented using authorities available to the Secretary to 

15 manage the Mount Hood National Forest to achieve the 

16 purpose specified in subsection (a). 

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

18 under this section, a forest management project that is 

19 unaffiliated with the assessment and has completed review 

20 as required under the National Environmental Policy Act 

21 of 1969 (42 U.S.C. 4321 et seq.) in accordance with exist22 ing law, need not be delayed in the event the Secretary 

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

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

25 Nothing in this section grants the Secretary any authority 


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1 to manage the Mount Hood National Forest contrary to 

2 existing law. The assessment conducted by the Secretary 

3 under this section shall not supersede, be considered a 

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

5 legal or regulatory authority of the Mount Hood National 

6 Forest Land and Resource Management Plan or the col7 lection of documents entitled ‘‘Final Supplemental Envi8 ronmental Impact Statement and Record of Decision for 

9 Amendments to Forest Service and Bureau of Land Man10 agement Planning Documents Within the Range of the 

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

12 for Management of Habitat for Late-Successional and 

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

14 the Northern Spotted Owl’’. 

15 (h) PUBLIC PARTICIPATION.—The Secretary shall 

16 provide an opportunity for interested persons to be in17 volved in development of the assessment conducted by the 

18 Secretary under this section. 

19 SEC. 603. SUSTAINABLE BIOMASS UTILIZATION STUDY. 

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

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

22 sustainable biomass available in the Mount Hood National 

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

24 available as a raw material for— 


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1 (1) the production of electric energy, sensible 

2 heat, transportation fuel, or substitutes for petro3 leum-based products; 

4 (2) dimensional lumber, fencing, framing mate5 rial, poles, firewood, furniture, chips, or pulp for 

6 paper; or 

7 (3) other commercial purposes. 

8 (b) DEFINITION.—In this section, the term ‘‘bio9 mass’’ means small diameter trees and understory vegeta10 tion that is removed from forested land as a by-product 

11 of forest restoration efforts. 

12 SEC. 604. WATERSHED MANAGEMENT MEMORANDA OF UN13 DERSTANDING. 

14 (a) COMPLETION OF MEMORANDA OF UNDER15 STANDING.—To the extent that memoranda of under16 standing or other legal agreements involving watersheds 

17 of Mount Hood National Forest do not exist between irri18 gation districts or municipalities and the Forest Service, 

19 the Secretary of Agriculture may complete memoranda of 

20 understanding that outline stewardship goals to manage 

21 the watersheds for water quality and water quantity. 

22 (b) ELEMENTS OF MEMORANDUM.—A memorandum 

23 of understanding involving a watershed of Mount Hood 

24 National Forest shall encourage adaptability, establish 

25 benchmarks regarding water quality and water quantity, 


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1 and require monitoring to determine progress in meeting 

2 such benchmarks. The memorandum of understanding 

3 may restrict public access to areas of the watershed where 

4 appropriate. 

5 (c) PUBLIC PROCESS REQUIRED.— 

6 (1) COLLABORATION AND CONSULTATION.— 

7 The Secretary of Agriculture shall ensure that the 

8 process by which the Secretary enters into a memo9 randum of understanding with an irrigation district, 

10 local government, or other entity involving a water11 shed of Mount Hood National Forest is based on 

12 collaboration and cooperation between the Forest 

13 Service and local jurisdictions and other interested 

14 persons. 

15 (2) PUBLIC MEETING REQUIRED.—The Sec16 retary and the other party or parties to the proposed 

17 memorandum of understanding shall hold at least 1 

18 joint public meeting before completing a final draft 

19 of the memorandum of understanding. 

20 (3) PUBLIC COMMENT.—A draft memorandum 

21 of understanding shall also be open to public com22 ment before being finalized. 


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1 SEC. 605. TERMINATION OF AUTHORITY. 

2 The authority provided by this title shall terminate 

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

4 of this Act. 

5 TITLE VII—CRYSTAL SPRINGS 

6 WATERSHED SPECIAL RE7 SOURCES MANAGEMENT UNIT 

8 SEC. 701. FINDINGS AND PURPOSE. 

9 The purpose of this title is to establish a special re10 sources management unit to ensure protection of the qual11 ity and quantity of the Crystal Springs watershed as a 

12 clean drinking water source for the residents of Hood 

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

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

15 SEC. 702. ESTABLISHMENT OF CRYSTAL SPRINGS WATER16 SHED SPECIAL RESOURCES MANAGEMENT 

17 UNIT. 

18 (a) ESTABLISHMENT.—Effective as provided by sec19 tion 705, the Secretary of Agriculture shall establish a 

20 special resources management unit in the State consisting 

21 of all National Forest System land that is located within 

22 200 yards from any point on the perimeter of the Crystal 

23 Springs Zone of Contribution, as determined by the Crys24 tal Springs Water District, and other National Forest Sys25 tem land in and around the Inn at Cooper Spur and the 

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


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1 ‘‘Crystal Springs Watershed Special Resources Manage2 ment Unit’’ and dated June 2006 (in this subtitle referred 

3 to as the ‘‘official map’’). 

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

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

8 ‘‘Management Unit’’. 

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

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

12 as wilderness by title I. 

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

14 National Forest System land included in the Management 

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

17 laws and mineral and geothermal leasing laws. 

18 (e) MAPS AND LEGAL DESCRIPTION.— 

19 (1) SUBMISSION OF LEGAL DESCRIPTIONS.—As 

20 soon as practicable after the effective date specified 

21 in section 705, the Secretary shall prepare and sub22 mit to Congress a legal description of the Manage23 ment Unit. 

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

25 subsection (a) and the legal descriptions prepared 


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

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

4 legal descriptions. The map of the Crystal Springs 

5 Zone of Contribution is incorporated in this Act to 

6 delineate the boundaries of the Management Unit, 

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

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

11 (3) PUBLIC AVAILABILITY.—The map referred 

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

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

16 SEC. 703. ADMINISTRATION OF MANAGEMENT UNIT. 

17 (a) GENERAL APPLICABILITY OF EXISTING LAWS.— 

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

22 (b) AUTHORIZED ACTIVITIES.— 

23 (1) PROCESS FOR ALLOWING ACTIVITIES.— 

24 Only activities described in this subsection may 

25 occur in the Management Unit, and the Secretary of 


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1 Agriculture may permit an activity described in this 

2 subsection to occur in the Management Unit only 

3 after the Secretary— 

4 (A) obtains the review and opinions of the 

5 Crystal Springs Water District regarding the 

6 effect of the activity on the purposes of the 

7 Management Unit; 

8 (B) complies with all applicable Federal 

9 law regarding development and implementation 

10 of the activity; and 

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

15 (2) RECREATION.—The Secretary may— 

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

19 in section 705, within their existing and historic 

20 footprints or at an alternative location; and 

21 (B) develop new footpaths or cross-county 

22 skiing trails in the Management Unit. 

23 (3) LEASE OF CERTAIN IMPROVEMENTS.—The 

24 Secretary may lease improvements and facilities, in 

25 existence in the Management Unit as of the effective 


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1 date specified in section 705, within their existing 

2 and designated footprints to 1 or more conces3 sionaires. 

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

6 Forest System roads, in existence in the Manage7 ment Unit as of the effective date specified in sec8 tion 705 or as directed by the management plan re9 quired by subsection (d). Maintenance may include 

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

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

14 protect the water quality, water quantity, scenic, cul15 tural, historic, natural, and wildlife values of the 

16 Management Unit, the Secretary may permit fuel re17 duction on National Forest System land in the Man18 agement Unit— 

19 (A) extending up to 400 feet from struc20 tures on National Forest System land or struc21 tures on adjacent private land; and 

22 (B) extending up to 400 feet from the Coo23 per Spur Road, the Cloud Cap Road, and the 

24 Cooper Spur ski area loop road. 


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1 (6) OTHER FUEL REDUCTION AND FOREST

2 HEALTH ACTIVITIES.—The Secretary may conduct 

3 fuel reduction and forest health management activi4 ties in the Management Unit, with priority given to 

5 activities that restore previously harvested stands, 

6 including the removal of logging slash, smaller di7 ameter material, and ladder fuels. The purpose of 

8 any fire risk reduction or forest health management 

9 activity conducted in the Management Unit shall be 

10 the maintenance and restoration of fire-resilient for11 est structures containing late successional forest 

12 structure characterized by large trees and multi-sto13 ried canopies (where ecologically appropriate) and 

14 the protection of the water quality, water quantity, 

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

16 of the Management Unit. 

17 (c) SPECIFICALLY PROHIBITED ACTIVITIES.—The 

18 following activities may not occur on National Forest Sys19 tem land in the Management Unit, whether separately or, 

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

21 authorized by subsection (b): 

22 (1) New road construction or renovation of ex23 isting non-System roads. 

24 (2) Projects undertaken for the purpose of har25 vesting commercial timber. The harvest of merchantVerDate Aug 31 2005 06:52 Sep 08, 2006 Jkt 049196 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S3854.IS S3854

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1 able products that are by-products of activities con2 ducted pursuant to subsection (b)(6) and carried out 

3 pursuant to a stewardship contract are not prohib4 ited by this subsection. 

5 (3) Commercial livestock grazing. 

6 (4) The placement or maintenance of fuel stor7 age tanks. 

8 (5) The application of any toxic chemicals, in9 cluding pesticides, rodenticides, herbicides, or 

10 retardants, for any purpose, except with the consent 

11 of the Crystal Springs Water District. 

12 (d) MANAGEMENT PLAN.— 

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

14 the effective date specified in section 605, the Sec15 retary of Agriculture shall adopt a management plan 

16 for the Management Unit that, while providing for 

17 the limited activities specifically authorized by sub18 section (b), protects the watershed from illegal 

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

20 risks to water quality. 

21 (2) CONSULTATION AND PUBLIC PARTICIPA22 TION.—The Secretary shall prepare the management 

23 plan in consultation with the Crystal Springs Water 

24 District, the Cooper Spur Wild and Free Coalition, 


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1 and Hood River County and provide for public par2 ticipation as described in subsection (b)(1)(C). 

3 (e) FOREST ROAD CLOSURES.—As part of the man4 agement plan required by subsection (d), the Secretary of 

5 Agriculture may provide for the closure or gating to the 

6 general public of any Forest Service road within the Man7 agement Unit, except for the road commonly known as 

8 Cloud Cap Road. 

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

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

11 Crystal Springs Zone of Contribution by the owners of the 

12 private property and their guests. The Secretary is encour13 aged to work with interested private landowners who have 

14 voluntarily agreed to cooperate with the Secretary to fur15 ther the purposes of this title. 

16 (g) RELATIONSHIP WITH WATER DISTRICT.—Except 

17 as provided in this section, the Crystal Springs Water Dis18 trict has no authorities over management or use of Na19 tional Forest System land included in the Management 

20 Unit. 

21 SEC. 704. ACQUISITION OF LANDS. 

22 (a) ACQUISITION AUTHORITY.—The Secretary of Ag23 riculture may acquire from willing landowners any lands 

24 located in the Crystal Springs Zone of Contribution within 

25 the boundaries of Mount Hood National Forest. Lands so 


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1 acquired shall automatically be added to the Management 

2 Unit. 

3 (b) PROHIBITION ON SUBSEQUENT CONVEYANCE.— 

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

5 ownership of any land within the Management Unit, in6 cluding any of the land acquired under subsection (a) or 

7 received by the Secretary as part of the Cooper Spur-Gov8 ernment Camp land exchange authorized by subtitle A of 

9 title VIII and included within the Management Unit, to 

10 any person. 

11 SEC. 705. EFFECTIVE DATE. 

12 The Secretary of Agriculture shall establish the Man13 agement Unit as soon as practicable after the final closing 

14 of the Cooper Spur-Government Camp land exchange au15 thorized by subtitle A of title VIII, but in no case later 

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

17 land exchange. The Management Unit may not be estab18 lished before final closing of the land exchange. 

19 TITLE VIII—LOCAL AND TRIBAL 

20 RELATIONSHIPS 

21 SEC. 801. FINDINGS AND PURPOSE. 

22 The purpose of this title is to recognize and support 

23 the ability of Native Americans to continue to gather first 

24 foods in the Mount Hood National Forest using tradi25 tional methods and the central role of the State and local 


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1 governments in management of issues dealing with natural 

2 and developed environments in the vicinity of the national 

3 forest. 

4 SEC. 802. FIRST FOODS GATHERING AREAS. 

5 (a) PRIORITY USE AREAS.—The Secretary of Agri6 culture shall identify, establish, develop, and manage pri7 ority-use areas in Mount Hood National Forest for the 

8 gathering of first foods by members of Indian tribes with 

9 treaty-reserved gathering rights on lands encompassed by 

10 the national forest. The priority-use areas shall be identi11 fied, established, developed, and managed in a manner 

12 consistent with the memorandum of understanding en13 tered into between the Department of Agriculture, the Bu14 reau of Land Management, the Bureau of Indian Affairs, 

15 and the Confederated Tribes of the Warm Springs Res16 ervation of Oregon (in this section referred to as the 

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

18 such further agreements as are necessary between the Sec19 retary of Agriculture and the Warm Springs Tribe to 

20 carry out the purposes of this section. 

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

22 treaty-reserved gathering rights on lands encompassed by 

23 Mount Hood National Forest shall have exclusive rights 

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

25 pursuant to subsection (a). 


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

2 National Forest System land for inclusion in a priority3 use area under subsection (a), the Secretary of Agriculture 

4 shall comply with the land and resource management plan 

5 for Mount Hood National Forest and applicable laws. 

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

7 foods’’ means roots, berries, and plants on National For8 est System land in Mount Hood National Forest that have 

9 been gathered for traditional and cultural purposes by 

10 members of Indian tribes with treaty-reserved gathering 

11 rights on lands encompassed by Mount Hood National 

12 Forest. 

13 SEC. 803. FOREST SERVICE COORDINATION WITH STATE 

14 AND LOCAL GOVERNMENTS. 

15 Congress encourages the Secretary of Agriculture to 

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

17 Indian tribes in the vicinity of Mount Hood National For18 est, and the heads of other Federal agencies to identify 

19 common ground, coordinate planning efforts around the 

20 national forest, and make the Federal Government a bet21 ter partner in building cooperative and lasting solutions 

22 for management of Mount Hood National Forest and non23 Federal land in the vicinity of the national forest. 


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1 SEC. 804. SAVINGS PROVISIONS REGARDING RELATIONS 

2 WITH INDIAN TRIBES. 

3 (a) TREATY RIGHTS.—Nothing in this Act is in4 tended to alter, modify, enlarge, diminish, or extinguish 

5 the treaty rights of any Indian tribe, including the off6 reservation reserved rights established by the Treaty of 

7 June 25, 1855, with the Tribes and Bands of Middle Or8 egon (12 Stat. 963). Section 702 is consistent with and 

9 intended to implement the gathering rights reserved by 

10 such treaty. 

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

12 to affect lands held in trust by the Secretary of the Inte13 rior for Indian tribes or individual members of Indian 

14 tribes or other lands acquired by the Army Corps of Engi15 neers and administered by the Secretary of the Interior 

16 for the benefit of Indian tribes and individual members 

17 of Indian tribes. 

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

19 intended to affect the laws, rules, and regulations per20 taining to hunting and fishing under existing State and 

21 Federal laws and Indian treaties. 

22 SEC. 805. IMPROVED NATURAL DISASTER PREPAREDNESS. 

23 (a) IMPOSITION OF STANDARDS.—New development 

24 occurring on land conveyed by the Secretary of Agriculture 

25 under title V or undertaken or otherwise permitted by the 

26 Secretary of Agriculture on National Forest System land 


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1 in Mount Hood National Forest after the date of the en2 actment of this Act shall be constructed or altered in com3 pliance with 1 of the nationally recognized model building 

4 codes or wildland-urban interface codes and with other ap5 plicable nationally recognized codes. 

6 (b) INCLUSION OF STANDARDS IN LAND CONVEY7 ANCES.—In the case of each of the land conveyances de8 scribed in title V, the Secretary shall impose the require9 ments of subsection (a) as a condition on the conveyance 

10 of the Federal land under the conveyance. 

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

12 maximum extent feasible, the codes imposed pursuant to 

13 subsection (a) shall be consistent with the nationally rec14 ognized codes adopted by the State or political subdivi15 sions of the State. This section shall not be construed to 

16 limit the power of the State or a political subdivision of 

17 the State to implement or enforce any law, rule, regula18 tion, or standard concerning fire prevention and control. 

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

20 subsection (a) may be enforced by the same entities other21 wise enforcing building codes regarding new development 

22 occurring on land conveyed by the Secretary of Agriculture 

23 under title V. 


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1 TITLE IX—RECREATION 

2 SEC. 901. FINDINGS AND PURPOSE. 

3 The purpose of this title is to recognize and support 

4 recreation as a dynamic social and economic component 

5 of the legacy and future of the Mount Hood National For6 est. 

7 SEC. 902. RETENTION OF MOUNT HOOD NATIONAL FOREST 

8 LAND USE FEES FROM SPECIAL USE AUTHOR9 IZATIONS. 

10 (a) SPECIAL ACCOUNT.—The Secretary of the Treas11 ury shall establish a special account in the Treasury for 

12 Mount Hood National Forest. 

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

14 the Act of April 24, 1950 (commonly known as the Grang15 er-Thye Act; 16 U.S.C. 580d), the National Forest Orga16 nizational Camp Fee Improvement Act of 2003 (title V 

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

18 seq.), Public Law 106–206 (commonly known as the Com19 mercial Filming Act; 16 U.S.C. 460l–d), and the Federal 

20 Lands Recreation Enhancement Act (title VIII of division 

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

22 land use fees received after the date which is 6 months 

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

24 authorizations, such as recreation residences, resorts, win25 ter recreation resorts, communication uses, and linear 


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

2 regard to Mount Hood National Forest shall be deposited 

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

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

5 amounts in the special account established under sub6 section (a) shall remain available, without further appro7 priation and until expended, for expenditure as provided 

8 in section 903. Upon request of the Secretary of Agri9 culture, the Secretary of the Treasury shall transfer to 

10 the Secretary of Agriculture from the special account such 

11 funds as the Secretary of Agriculture may request. The 

12 Secretary shall accept and use the funds in accordance 

13 with section 903. 

14 (d) TERMINATION OF SPECIAL ACCOUNT.—The spe15 cial account required by subsection (a) shall terminate at 

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

17 enactment of this Act. Any amounts remaining in the spe18 cial account at the end of such period shall be transferred 

19 to the general fund of the Treasury. 

20 SEC. 903. USE OF FUNDS IN SPECIAL ACCOUNT TO SUP21 PORT RECREATION. 

22 (a) AUTHORIZED USES.—The Secretary of Agri23 culture shall use funds received from the special account 

24 under section 902(c) for the following purposes related to 

25 Mount Hood National Forest: 


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1 (1) Installation, repair, maintenance, and facil2 ity enhancement related directly to visitor enjoy3 ment, visitor access, and health and safety, such 

4 as— 

5 (A) the improvement and maintenance of 

6 trails, including trails used for hiking, biking, 

7 snowmobiling, horseback riding, cross-country 

8 skiing, and off-highway vehicles; 

9 (B) water system improvements; and 

10 (C) personal sanitation facilities improve11 ments. 

12 (2) Interpretive programs, visitor information, 

13 visitor services, visitor needs assessments, mapping, 

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

15 rangers. 

16 (3) Habitat restoration directly related to recre17 ation. 

18 (4) Cooperative environmental restoration 

19 projects with non-Federal partnership groups and 

20 associations, including groups and associations that 

21 work with youth. 

22 (5) Law enforcement and rescue and recovery 

23 efforts related to public use and recreation, such as 

24 law enforcement at recreation events, search and 


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1 rescue operations, illegal recreation activities inves2 tigations, and enforcement. 

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

5 (7) Preparation of documents required under 

6 the National Environmental Policy Act of 1969 (42 

7 U.S.C. 4321 et seq.) in connection with the improve8 ment or development of recreational opportunities. 

9 (8) Other projects or partnerships rec10 ommended by the Mount Hood National Forest 

11 Recreation Working Group established by section 

12 905. 

13 (b) ALLOCATION REQUIREMENTS.—Of the total 

14 funds received by the Secretary of Agriculture from the 

15 special account under section 902(c) for a fiscal year, the 

16 Secretary shall allocate the funds as follows: 

17 (1) 95 percent of the funds to Mount Hood Na18 tional Forest. 

19 (2) 5 percent of the funds to the Regional Of20 fice for the Pacific Northwest Region of the Forest 

21 Service to develop needed policy and training to sup22 port programs in wilderness areas, special uses, 

23 trails, developed and dispersed recreation, and inter24 pretation related to Mount Hood National Forest. 


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1 SEC. 904. ANNUAL REPORTING REQUIREMENT. 

2 The Secretary of Agriculture shall submit to Con3 gress an annual report specifying— 

4 (1) the total funds received by the Secretary 

5 from the special account under section 902(c) for 

6 the preceding fiscal year; 

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

8 and 

9 (3) the results from such expenditures. 

10 SEC. 905. MOUNT HOOD NATIONAL FOREST RECREATIONAL 

11 WORKING GROUP. 

12 (a) ESTABLISHMENT AND PURPOSE.—The Secretary 

13 of Agriculture shall establish the Mount Hood National 

14 Forest Recreational Working Group for the purpose of 

15 providing advice and recommendations to the Forest Serv16 ice on planning and implementing recreation enhance17 ments in Mount Hood National Forest, including advice 

18 and recommendations regarding how the funds in the spe19 cial account established under section 902 should be re20 quested and expended. 

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

22 (1) review projects proposed by the Secretary 

23 for Mount Hood National Forest under section 

24 903(a); 

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

26 Secretary; 


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1 (3) recommend the amount of funds from the 

2 special account established under section 902 to be 

3 used to fund projects under section 903; and 

4 (4) provide opportunities for citizens, organiza5 tions, Indian tribes, the Forest Service, and other 

6 interested parties to participate openly and meaning7 fully, beginning at the early stages of the develop8 ment of projects under section 903(a). 

9 (c) APPOINTMENT.— 

10 (1) APPOINTMENT AND TERM.—The Regional 

11 Forester, acting on behalf of the Secretary of Agri12 culture, shall appoint the members of the Working 

13 Group for a term of 3 years beginning on the date 

14 of appointment. A member may be reappointed to 

15 subsequent 3-year terms. 

16 (2) INITIAL APPOINTMENT.—The Regional For17 ester shall make initial appointments to the Working 

18 Group not later than 180 days after the date of en19 actment of this Act. 

20 (3) VACANCIES.—The Regional Forester shall 

21 make appointments to fill vacancies on the Working 

22 Group as soon as practicable after the vacancy has 

23 occurred. 


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1 (4) COMPENSATION.—Members of the Working 

2 Group shall not receive any compensation for their 

3 service on the Working Group. 

4 (5) NOMINATIONS.—The State and county gov5 ernments for each county directly adjacent to or con6 taining any portion of Mount Hood National Forest 

7 may submit a nomination to the Regional Forester 

8 for each activity or interest group category described 

9 in subsection (d). 

10 (6) BROAD AND BALANCED REPRESENTA11 TION.—In appointing the members of the Working 

12 Group, the Regional Forester shall provide for a bal13 anced and broad representation from the recreation 

14 community. 

15 (d) COMPOSITION OF WORKING GROUP.—The Work16 ing Group shall be composed of 15 members, selected so 

17 that the following activities and interest groups are rep18 resented: 

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

20 hiking. 

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

22 snowshoeing and backcountry skiing. 

23 (3) Mountain biking. 

24 (4) Hunting and fishing. 


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1 (5) Summer motorized recreation, such as off2 highway vehicle use. 

3 (6) Local environmental groups. 

4 (7) Winter motorized recreation, such as 

5 snowmobiling. 

6 (8) Permitted ski areas. 

7 (9) Forest products industry. 

8 (10) Affected Indian tribes. 

9 (11) Local holder of a recreation residence per10 mit. 

11 (12) Local government interests, such as a 

12 county commissioner or city mayor in an elected po13 sition representing a county or city directly adjacent 

14 or containing any portion of Mount Hood National 

15 Forest. 

16 (13) A resident of Government Camp. 

17 (14) The State. 

18 (15) Operators of campground facilities open to 

19 the general public. 

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

21 Group shall be selected by a majority of the Working 

22 Group. 

23 (f) OTHER WORKING GROUP AUTHORITIES AND RE24 QUIREMENTS.— 


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1 (1) STAFF ASSISTANCE.—The Secretary of Ag2 riculture shall provide staff assistance to the Work3 ing Group from Federal employees under the juris4 diction of the Secretary. 

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

6 Group shall be announced at least 1 week in advance 

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

8 the public. 

9 (3) RECORDS.—The Working Group shall main10 tain records of the meetings of the Working Group 

11 and make the records available for public inspection. 

12 (g) LIMITATION ON ADMINISTRATIVE ASSISTANCE.— 

13 Not more than 5 percent of the funds allocated under sec14 tion 903(b) to Mount Hood National Forest for a fiscal 

15 year may be used to provide administrative assistance to 

16 the Working Group during that fiscal year. 

17 (h) FEDERAL ADVISORY COMMITTEE ACT.—The 

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

19 apply to the Working Group. 

20 (i) TERMINATION OF WORKING GROUP.—The Work21 ing Group shall terminate at the end of the 10-year period 

22 beginning on the date of enactment of this Act. 

23 SEC. 906. CONSIDERATION OF CONVERSION OF FOREST 

24 ROADS TO RECREATIONAL USES. 

25 (a) EVALUATION OF CURRENTLY CLOSED ROADS.— 


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1 (1) CONSIDERATION FOR RECREATIONAL

2 USE.—The Secretary of Agriculture may make a de3 termination regarding whether the Forest Service 

4 roads in Mount Hood National Forest that were se5 lected before the date of enactment of this Act for 

6 closure and decommissioning, but have not yet been 

7 decommissioned, should be converted to recreational 

8 uses to enhance recreational opportunities in the na9 tional forest, such as conversion to single-track trails 

10 for mountain bikes and trails for snowmobiling, off11 road vehicle use, horseback riding, hiking, cross12 country skiing, and other recreational uses. 

13 (2) CONSIDERATION OF ENVIRONMENTAL AND

14 ECONOMIC IMPACTS.—In evaluating the feasibility 

15 and suitability of converting Forest Service roads 

16 under this subsection to recreational uses, and the 

17 types of recreational uses to be authorized, the Sec18 retary shall take into account the environmental and 

19 economic impacts of implementing the conversion 

20 and of the resulting recreational uses. 

21 (3) PUBLIC PROCESS.—The consideration and 

22 selection of Forest Service roads under this sub23 section for conversion to recreational uses, and the 

24 types of recreational uses to be authorized, shall be 

25 a public process, including consultation by the SecVerDate Aug 31 2005 06:52 Sep 08, 2006 Jkt 049196 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S3854.IS S3854

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1 retary of Agriculture with the Mount Hood National 

2 Forest Recreational Working Group. 

3 (b) FUTURE CLOSURE CONSIDERATIONS.—Whenever 

4 the Secretary of Agriculture considers a Forest Service 

5 road in Mount Hood National Forest for possible closure 

6 and decommissioning after the date of enactment of this 

7 Act, the Secretary shall include, as an alternative to de8 commissioning the road, consideration of converting the 

9 road to recreational uses to enhance recreational opportu10 nities in the Mount Hood National Forest. 

11 SEC. 907. IMPROVED TRAIL ACCESS FOR PERSONS WITH 

12 DISABILITIES. 

13 (a) CONSTRUCTION OF TRAIL.—The Secretary of Ag14 riculture may enter into a contract with a partner organi15 zation or other person to design and construct a trail at 

16 a location selected by the Secretary in Mount Hood Na17 tional Forest suitable for use by persons with disabilities. 

18 (b) PUBLIC PROCESS.—The selection of the trail lo19 cation under subsection (a) and the preparation of the de20 sign of the trail shall be a public process, including con21 sultation by the Secretary of Agriculture with the Mount 

22 Hood National Forest Recreational Working Group. 

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

24 funds in the special account established under section 902 

25 to carry out this section. 


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1 TITLE X—AUTHORIZATION OF 

2 APPROPRIATIONS 

3 SEC. 1001. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated such sums 

5 as are necessary to carry out this Act. 

Æ 


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