109TH CONGRESS 
2D SESSION 
H. R. 5025
AN ACT 
To protect for future generations the recreational 
opportunities, forests, timber, clean water, wil-
derness and scenic values, and diverse habitat of 
Mount Hood National Forest, Oregon, and for 
other purposes.
109TH CONGRESS 
2D SESSION 
H. R. 5025
AN ACT 
To protect for future generations the recreational opportuni-
ties, forests, timber, clean water, wilderness and scenic 
values, and diverse habitat of Mount Hood National For-
est, Oregon, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Mount Hood Stewardship Legacy Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title and table of contents. 
Sec. 2. Implementation. 
Sec. 3. No reduction in Mount Hood National Forest funding. 
TITLE I—WILDERNESS AREA DESIGNATIONS 
Sec. 101. Findings and purpose. 
Sec. 102. Designation of wilderness areas, Mount Hood National Forest. 
Sec. 103. Administration of wilderness areas. 
Sec. 104. Maintenance and replacement of foot bridges in wilderness areas. 
TITLE II—WILD AND SCENIC RIVER DESIGNATIONS 
Sec. 201. Findings and purpose. 
Sec. 202. Wild and scenic river designations, Mount Hood National Forest. 
Sec. 203. Relation to Middle Fork Irrigation District. 
TITLE III—RECREATION 
Sec. 301. Findings and purpose. 
Sec. 302. Retention of Mount Hood National Forest land use fees from special 
use authorizations. 
Sec. 303. Use of funds in special account to support recreation. 
Sec. 304. Annual reporting requirement. 
Sec. 305. Mount Hood National Forest Recreational Working Group. 
Sec. 306. Consideration of conversion of forest roads to recreational uses. 
Sec. 307. Improved trail access for persons with disabilities. 
TITLE IV—TRANSPORTATION 
Sec. 401. Findings and purpose. 
Sec. 402. Mount Hood region defined. 
Sec. 403. Transportation plan. 
Sec. 404. Study regarding gondola connection and intermodal transportation 
center. 
TITLE V—FOREST AND WATERSHED STEWARDSHIP 
Sec. 501. Findings and purpose. 
Sec. 502. Forest stewardship assessment. 
Sec. 503. Sustainable biomass utilization study. 
Sec. 504. Watershed management memoranda of understanding. 
TITLE VI—CRYSTAL SPRINGS WATERSHED SPECIAL RESOURCES 
MANAGEMENT UNIT 
Sec. 601. Findings and purpose.
Sec. 602. Establishment of Crystal Springs Watershed Special Resources Man-
agement Unit. 
Sec. 603. Administration of Management Unit. 
Sec. 604. Acquisition of lands. 
Sec. 605. Effective date. 
TITLE VII—LOCAL AND TRIBAL RELATIONSHIPS 
Sec. 701. Findings and purpose. 
Sec. 702. First foods gathering areas. 
Sec. 703. Forest Service coordination with State and local governments. 
Sec. 704. Savings provisions regarding relations with Indian tribes. 
Sec. 705. Improved natural disaster preparedness. 
TITLE VIII—LAND CONVEYANCES 
Subtitle A—Cooper Spur-Government Camp Land Exchange 
Sec. 801. Findings and purpose. 
Sec. 802. Cooper Spur-Government Camp Land Exchange. 
Sec. 803. Treatment of Inn at Cooper Spur and the Cooper Spur Ski Area. 
Sec. 804. General provisions. 
Subtitle B—Other Land Exchanges 
Sec. 811. Land exchange, Port of Cascade Locks-Pacific Crest National Scenic 
Trail. 
Sec. 812. Hunchback Mountain land exchange, Clackamas County.
SEC. 2. IMPLEMENTATION. 
References in this Act to the Secretary of Agriculture 
or the Secretary mean the Secretary of Agriculture, acting 
through the Forest Service. 
SEC. 3. NO REDUCTION IN MOUNT HOOD NATIONAL FOR-
EST FUNDING. 
Nothing in this Act is intended to authorize a reduc-
tion in the amount of funds appropriated or otherwise 
made available for the Mount Hood National Forest below 
the average annual funding level provided for the national 
forest during fiscal years 1997 through 2006.
TITLE I—WILDERNESS AREA 
DESIGNATIONS 
SEC. 101. FINDINGS AND PURPOSE. 
The purpose of this title is to designate approxi-
mately 77,216 acres of National Forest System land in 
the Mount Hood National Forest as wilderness. The most 
recent designation of wilderness in the Mount Hood Na-
tional Forest occurred in 1984, and the designation of an 
additional 77,216 acres by this title represents a 41 per-
cent increase in the amount of wilderness designated in 
the national forest. 
SEC. 102. DESIGNATION OF WILDERNESS AREAS, MOUNT 
HOOD NATIONAL FOREST. 
(a) DESIGNATION.—In furtherance of the purposes of 
this title and the Wilderness Act (16 U.S.C. 1131 et seq.), 
the following areas in the Mount Hood National Forest 
are designated as wilderness and, therefore, as compo-
nents of the National Wilderness Preservation System: 
(1) BIG BOTTOM WILDERNESS.—National For-
est System land comprising approximately 1,330 
acres, as generally depicted on the map entitled ‘‘Big 
Bottom Wilderness’’ and dated June 2006, which 
shall be known as the ‘‘Big Bottom Wilderness’’. 
(2) BULL OF THE WOODS WILDERNESS ADDI-
TION.—National Forest System land comprising ap-
proximately 4,717 acres, as generally depicted on the 
map entitled ‘‘Bull of the Woods Wilderness’’ and 
dated June 2006, is incorporated in and shall be 
considered to be a part of the Bull of the Woods 
Wilderness, as designated by section 3(4) of the Or-
egon Wilderness Act of 1984 (16 U.S.C. 1132 note; 
Public Law 98–328). 
(3) COOPER
SPUR
WILDERNESS.—National 
Forest System land comprising approximately 2,038 
acres, as generally depicted on the map entitled 
‘‘Cooper Spur Wilderness’’ and dated June 2006, 
which shall be known as the ‘‘Cooper Spur Wilder-
ness’’. 
(4) GORGE RIDGELINE WILDERNESS.—National 
Forest 
System 
land 
comprising 
approximately 
22,577 acres, as generally depicted on the map enti-
tled ‘‘Gorge Ridgeline Wilderness’’ and dated June 
2006, which shall be known as the ‘‘Gorge Ridgeline 
Wilderness’’. 
(5) MOUNT HOOD WILDERNESS ADDITIONS.—
National Forest System land comprising approxi-
mately 4,672 acres, as generally depicted on the 
maps entitled ‘‘Mount Hood Wilderness (Elk Cove/
Mazama Addition)’’ and ‘‘Mount Hood Wilderness 
(Sandy Addition)’’ and dated June 2006, is incor-
porated in and shall be considered to be a part of 
the Mount Hood Wilderness, as designated by sec-
tion 3 of the Wilderness Act (16 U.S.C. 1132). 
(6) ROARING
RIVER
WILDERNESS.—National 
Forest 
System 
land 
comprising 
approximately 
37,749 acres, as generally depicted on the map enti-
tled ‘‘Roaring River Wilderness’’ and dated June 
2006, which shall be known as the ‘‘Roaring River 
Wilderness’’. 
(7) SALMON-HUCKLEBERRY WILDERNESS ADDI-
TIONS.—National Forest System land comprising 
approximately 4,133 acres, as generally depicted on 
the maps entitled ‘‘Salmon Huckleberry Wilderness 
(Alder Creek Addition)’’ and ‘‘Salmon Huckleberry 
Wilderness (Eagle Creek Addition)’’ and dated June 
2006, is incorporated in and shall be considered to 
be a part of the Salmon-Huckleberry Wilderness, as 
designated by section 3(2) of the Oregon Wilderness 
Act of 1984 (16 U.S.C. 1132 note; Public Law 98–
328). 
(b) MAPS AND LEGAL DESCRIPTION.—
(1) SUBMISSION OF LEGAL DESCRIPTIONS.—As 
soon as practicable after the date of the enactment 
of this Act, the Secretary of Agriculture shall pre-
pare and submit to Congress a legal description of
each wilderness area designated or expanded by sub-
section (a). It is the intent of Congress that the final 
boundary description of the wilderness area be writ-
ten so that any road or trail depicted on the map 
referred to in subsection (a) corresponding to that 
wilderness area as being inside of the designated 
area shall in fact be inside of the wilderness area 
and any road or trail depicted on the map as being 
outside of the designated area shall in fact be out-
side of the wilderness area. 
(2) FORCE OF LAW.—The maps referred to in 
subsection (a) and the legal descriptions prepared 
under paragraph (1) shall have the same force and 
effect as if included in this Act, except that the Sec-
retary may correct technical errors in the maps and 
legal descriptions. The Secretary shall notify Con-
gress of any change made in a map or legal descrip-
tion under the authority of this paragraph and the 
reason for the change. 
(3) PUBLIC AVAILABILITY.—The maps referred 
to in subsection (a) and the legal descriptions pre-
pared under paragraph (1) shall be filed and made 
available for public inspection in the appropriate of-
fices of the Forest Service. 
(c) CHARACTER OF DESIGNATED LAND.—
(1) EXCLUSION OF PRIVATE LAND.—It is the 
intent of Congress that the wilderness areas des-
ignated or expanded by this section do not incor-
porate any private land in-holding. If any private 
land is inadvertently included within the boundaries 
of a wilderness area designated or expanded by this 
section, the Secretary of Agriculture shall ensure 
that the landowner continues to have adequate ac-
cess to the private land. 
(2) EXCLUSION OF FERC PROJECT LANDS.—
Lands inside the Federal Energy Regulatory Com-
mission boundaries established as of the date of the 
enactment of this Act for a licensed hydroelectic 
project are excluded from wilderness areas des-
ignated or expanded by this section. Operations, 
maintenance, and construction activities associated 
with such a project are not affected in any way by 
the designation or expansion of wilderness areas by 
this section. 
(3) NO PRECEDENT VALUE.—Nothing in this 
subsection is intended to establish a precedent with 
regard to the designation of Federal land as wilder-
ness by any provision of law enacted after the date 
of the enactment of this Act.
(4) COLUMBIA GORGE AIRSHED.—The designa-
tion of wilderness by this section in the Columbia 
Gorge, as depicted on the map entitled ‘‘Gorge 
Ridgeline Wilderness’’ and dated June 2006, shall 
not result in the designation of a Class I airshed in 
the Columbia Gorge through Federal regulatory ac-
tion. 
SEC. 103. ADMINISTRATION OF WILDERNESS AREAS. 
(a) MANAGEMENT.—Subject to valid existing rights, 
the National Forest System land designated as wilderness 
by section 102 shall be administered by the Secretary of 
Agriculture in accordance with this title and the Wilder-
ness Act (16 U.S.C. 1131 et seq.), except that any ref-
erence in the Wilderness Act to the effective date of such 
Act shall be considered to be a reference to the date of 
the enactment of this Act. 
(b) INCORPORATION OF ACQUIRED LAND AND IN-
TERESTS.—Any non-Federal land that is located within 
the boundaries of the National Forest System land des-
ignated as wilderness by section 102 and is acquired by 
the United States after the date of the enactment of this 
Act shall—
(1) become part of the wilderness area in which 
the land is located; and
(2) be managed in accordance with this title 
and the Wilderness Act (16 U.S.C. 1131 et seq.). 
(c) WITHDRAWAL.—Subject to valid existing rights, 
the National Forest System land designated as wilderness 
by section 102 is withdrawn from all forms of—
(1) entry, appropriation, or disposal under the 
public land laws; 
(2) location, entry, and patent under the mining 
laws; and 
(3) disposition under all laws pertaining to min-
eral and geothermal leasing or mineral materials. 
(d) FIRE, INSECT, AND DISEASE MANAGEMENT AC-
TIVITIES.—In accordance with section 4(d)(1) of the Wil-
derness Act (16 U.S.C. 1133(d)(1)) and House Report 
No. 98–40 of the 98th Congress, the Secretary of Agri-
culture may take such measures on the National Forest 
System land designated as wilderness by section 102 as 
are necessary for the control of fire, insects, and diseases. 
(e) SNOW SENSORS AND STREAM GAUGES.—Nothing 
in this title prevents the installation and maintenance of 
hydrologic, meteorologic, or climatological instrumentation 
on the National Forest System land designated as wilder-
ness by section 102 if the Secretary of Agriculture deter-
mines that hydrologic, meteorologic, or climatological in-
strumentation is appropriate to further the scientific, edu-
cational, and conservation purposes of the wilderness 
areas. 
(f) MILITARY ACTIVITIES.—Nothing in this Act pre-
cludes low-level overflights of military aircraft, the des-
ignation of new units of special airspace, or the use or 
establishment of military flight training routes over the 
National Forest System land designated as wilderness by 
section 102. 
(g) LIVESTOCK.—Grazing of livestock and the main-
tenance of existing facilities related to grazing on the Na-
tional Forest System land designated as wilderness by sec-
tion 102, where established before the date of the enact-
ment of this Act, shall be permitted to continue in accord-
ance with—
(1) section 4(d)(4) of the Wilderness Act (16 
U.S.C. 1133(d)(4)); and 
(2) the guidelines set forth in Appendix A of 
House Report 101–405 of the 101st Congress. 
(h) FISH AND WILDLIFE MANAGEMENT.—
(1) IN GENERAL.—In furtherance of the pur-
poses of the Wilderness Act (16 U.S.C. 1131 et 
seq.), the Secretary of Agriculture may carry out 
management activities to maintain or restore fish 
and wildlife populations and fish and wildlife habi-
tats on the National Forest System land designated
as wilderness by section 102 if such activities are 
consistent with applicable wilderness management 
plans and carried out in accordance with applicable 
guidelines and policies. Nothing in this Act affects 
the jurisdiction of the State of Oregon with respect 
to fish and wildlife on the public land located in the 
State. 
(2) BULL TROUT RESTORATION PROJECT.—It 
is the intent of Congress that nothing in this title 
prevents the Secretary of Agriculture from con-
ducting the Bull Trout restoration project underway 
as of the date of the enactment of this Act in Clear 
Branch Creek west of Lawrence Lake in order to re-
store historic trout populations and habitat. Project 
work shall be carried out in accordance with the 
minimum tools policies of the Forest Service. 
(i) CONTINUED
USE
BY
MEMBERS
OF
INDIAN 
TRIBES.—
(1) ACCESS.—In recognition of the past use of 
the National Forest System land designated as wil-
derness by section 102 by members of Indian tribes 
for traditional cultural and religious purposes, the 
Secretary of Agriculture shall ensure that Indian 
tribes have access to the wilderness areas for tradi-
tional cultural and religious purposes.
(2) TEMPORARY
CLOSURES.—In carrying out 
this subsection, the Secretary, at the request of an 
Indian tribe, may temporarily close to the general 
public one or more specific portions of the National 
Forest System land designated as wilderness by sec-
tion 102 to protect the privacy of the members of 
the Indian tribe in the conduct of the traditional cul-
tural and religious activities in the wilderness area. 
Any such closure shall be made in such a manner as 
to affect the smallest practicable area for the min-
imum period of time necessary for the activity to be 
carried out. 
(3) APPLICABLE LAW.—Access to the wilder-
ness areas under this subsection shall be provided in 
accordance with the Wilderness Act (16 U.S.C. 1131 
et seq.) and Public Law 95–341 (commonly known 
as the American Indian Religious Freedom Act; 42 
U.S.C. 1996 et seq.). 
(j) ADJACENT MANAGEMENT.—Nothing in this Act 
creates protective perimeters or buffer zones around the 
National Forest System land designated as wilderness by 
section 102. The fact that nonwilderness activities or uses 
can be seen or heard from the designated wilderness shall 
not preclude the conduct of those activities or uses outside 
the boundary of the wilderness area.
SEC. 104. MAINTENANCE AND REPLACEMENT OF FOOT 
BRIDGES IN WILDERNESS AREAS. 
In the case of each wilderness area designated or ex-
panded by section 102, it is the intent of Congress that 
the Secretary of Agriculture be able to provide for the 
maintenance of the foot bridge crossings in the wilderness 
area and, when needed, the replacement of the foot bridge 
crossings to ensure public access and safety. Foot bridge 
replacement work shall be carried out in accordance with 
the minimum tools policies of the Forest Service. 
TITLE II—WILD AND SCENIC 
RIVER DESIGNATIONS 
SEC. 201. FINDINGS AND PURPOSE. 
The purpose of this title is to designate approxi-
mately 25 miles of waterways in the Mount Hood National 
Forest as additions to the National Wild and Scenic Riv-
ers System. The addition of these 25 miles of waterways 
represents an increase of 20 percent in the total length 
of all of the waterways in the Mount Hood National For-
est included in the National Wild and Scenic Rivers Sys-
tem. 
SEC. 202. WILD AND SCENIC RIVER DESIGNATIONS, MOUNT 
HOOD NATIONAL FOREST. 
Section 3(a) of the Wild and Scenic Rivers Act (16 
U.S.C. 1274(a)) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(ll) MOUNT HOOD NATIONAL FOREST, OR-
EGON.—The following rivers in the Mount Hood National 
Forest in the State of Oregon, to be administered by the 
Secretary of Agriculture: 
‘‘(A) The 4.1 miles of the South Fork of the 
Clackamas River from its confluence with the East 
Fork of the South Fork of the Clackamas to the its 
confluence with the Clackamas River, as a scenic 
river. 
‘‘(B) The 8.5 miles of Eagle Creek from its 
headwaters to the Mount Hood National Forest 
boundary, of which—
‘‘(i) the 6.7-mile segment from its head-
waters to the west section line of section 20, 
township 3 south, range 6 east, shall be admin-
istered as a wild river; and 
‘‘(ii) the remaining 1.8-mile segment from 
such section line shall be administered as a rec-
reational river. 
‘‘(C) The 3.7 miles of the Middle Fork of the 
Hood River from the confluence of Clear and Coe 
Branches to the Mount Hood National Forest 
boundary in sections 11 and 12 of township 1 south, 
ranges 9 and 10 east, as a scenic river.
‘‘(D) The 4.6 miles of the South Fork Roaring 
River from its headwaters to its confluence with 
Roaring River, as a wild river. 
‘‘(E) The 4.3 miles of the Zig Zag River from 
its headwaters to the Mount Hood Wilderness 
boundary, as a wild river.’’. 
SEC. 203. RELATION TO MIDDLE FORK IRRIGATION DIS-
TRICT. 
(a) NO IMPACT ON WATER RIGHTS OR FLOW RE-
QUIREMENTS.—The designation of the Middle Fork of the 
Hood River as a scenic river by the amendment made by 
section 202 is not intended to have any impact on water 
rights or flow requirements with regard to the Middle 
Fork Irrigation District. 
(b) EXCLUSION OF OPERATIONAL AREAS.—The area 
of the Middle Fork of the Hood River designated as a sce-
nic river by the amendment made by section 202 does not 
include any portion of the operation area of the Middle 
Fork Irrigation District. 
TITLE III—RECREATION 
SEC. 301. FINDINGS AND PURPOSE. 
The purpose of this title is to recognize and support 
recreation as a dynamic social and economic component 
of the legacy and future of the Mount Hood National For-
est.
SEC. 302. RETENTION OF MOUNT HOOD NATIONAL FOREST 
LAND USE FEES FROM SPECIAL USE AUTHOR-
IZATIONS. 
(a) SPECIAL ACCOUNT.—The Secretary of the Treas-
ury shall establish a special account in the Treasury for 
Mount Hood National Forest. 
(b) DEPOSITS.—Except as provided in section 7 of 
the Act of April 24, 1950 (commonly known as the Grang-
er-Thye Act; 16 U.S.C. 580d), the National Forest Orga-
nizational Camp Fee Improvement Act of 2003 (title V 
of division F of Public Law 108–107; 16 U.S.C. 6231 et 
seq.), Public Law 106–206 (commonly known as the Com-
mercial Filming Act; 16 U.S.C. 460l–6d), and the Federal 
Lands Recreation Enhancement Act (title VIII of division 
J of Public Law 108–477; 16 U.S.C. 6801 et seq.), all 
land use fees received after the date which is six months 
after the date of the enactment of this Act from special 
use authorizations, such as recreation residences, resorts, 
winter recreation resorts, communication uses, and linear 
rights-of-way, and all other special use types issued with 
regard to Mount Hood National Forest shall be deposited 
in the special account established under subsection (a). 
(c) AVAILABILITY.—Subject to subsection (d), 
amounts in the special account established under sub-
section (a) shall remain available, without further appro-
priation and until expended, for expenditure as provided
in section 303. Upon request of the Secretary of Agri-
culture, the Secretary of the Treasury shall transfer to 
the Secretary of Agriculture from the special account such 
funds as the Secretary of Agriculture may request. The 
Secretary shall accept and use the funds in accordance 
with section 303. 
(d) TERMINATION OF SPECIAL ACCOUNT.—The spe-
cial account required by subsection (a) shall terminate at 
the end of the 10-year period beginning on the date of 
the enactment of this Act. Any amounts remaining in the 
special account at the end of such period shall be trans-
ferred to the general fund of the Treasury. 
SEC. 303. USE OF FUNDS IN SPECIAL ACCOUNT TO SUP-
PORT RECREATION. 
(a) AUTHORIZED USES.—The Secretary of Agri-
culture shall use funds received from the special account 
under section 302(c) for the following purposes related to 
Mount Hood National Forest: 
(1) Installation, repair, maintenance, and facil-
ity enhancement related directly to visitor enjoy-
ment, visitor access, and health and safety, such 
as—
(A) the improvement and maintenance of 
trails, including trails used for hiking, biking,
snowmobiling, horseback riding, cross-country 
skiing, and off-highway vehicles; 
(B) water system improvements; and 
(C) personal sanitation facilities improve-
ments. 
(2) Interpretive programs, visitor information, 
visitor services, visitor needs assessments, mapping, 
signage, Leave-No-Trace materials, and wilderness 
rangers. 
(3) Habitat restoration directly related to recre-
ation. 
(4) 
Cooperative 
environmental 
restoration 
projects with non-Federal partnership groups and 
associations, including groups and associations that 
work with youth. 
(5) Law enforcement and rescue and recovery 
efforts related to public use and recreation, such as 
law enforcement at recreation events, search and 
rescue operations, illegal recreation activities inves-
tigations, and enforcement. 
(6) Improving administration of special use au-
thorizations. 
(7) Preparation of documents required under 
the National Environmental Policy Act of 1969 in
connection with the improvement or development of 
recreational opportunities. 
(8) 
Other 
projects 
or 
partnerships 
rec-
ommended by the Mount Hood National Forest 
Recreation Working Group established by section 
305. 
(b) ALLOCATION
REQUIREMENTS.—Of the total 
funds received by the Secretary of Agriculture from the 
special account under section 302(c) for a fiscal year, the 
Secretary shall allocate the funds as follows: 
(1) 95 percent of the funds to Mount Hood Na-
tional Forest. 
(2) 5 percent of the funds to the Regional Of-
fice for the Pacific Northwest Region of the Forest 
Service to develop needed policy and training to sup-
port programs in wilderness areas, special uses, 
trails, developed and dispersed recreation, and inter-
pretation related to Mount Hood National Forest. 
SEC. 304. ANNUAL REPORTING REQUIREMENT. 
The Secretary of Agriculture shall submit to Con-
gress an annual report specifying—
(1) the total funds received by the Secretary 
from the special account under section 302(c) for 
the preceding fiscal year;
(2) how the funds were allocated and expended; 
and 
(3) the results from such expenditures. 
SEC. 305. MOUNT HOOD NATIONAL FOREST RECREATIONAL 
WORKING GROUP. 
(a) ESTABLISHMENT AND PURPOSE.—The Secretary 
of Agriculture shall establish the Mount Hood National 
Forest Recreational Working Group for the purpose of 
providing advice and recommendations to the Forest Serv-
ice on planning and implementing recreation enhance-
ments in Mount Hood National Forest, including advice 
and recommendations regarding how the funds in the spe-
cial account established under section 302 should be re-
quested and expended. 
(b) DUTIES.—The Working Group shall—
(1) review projects proposed by the Secretary 
for Mount Hood National Forest under section 
303(a); 
(2) propose projects under section 303(a) to the 
Secretary; 
(3) recommend the amount of funds from the 
special account established under section 302 to be 
used to fund projects under section 303; and 
(4) provide opportunities for citizens, organiza-
tions, Indian tribes, the Forest Service, and other
interested parties to participate openly and meaning-
fully, beginning at the early stages of the develop-
ment of projects under section 303(a). 
(c) APPOINTMENT.—
(1) APPOINTMENT AND TERM.—The Regional 
Forester, acting on behalf of the Secretary of Agri-
culture, shall appoint the members of the Working 
Group for a term of three years beginning on the 
date of appointment. A member may be reappointed 
to subsequent three-year terms. 
(2) INITIAL APPOINTMENT.—The Regional For-
ester shall make initial appointments to the Working 
Group not later than 180 days after the date of the 
enactment of this Act. 
(3) VACANCIES.—The Regional Forester shall 
make appointments to fill vacancies on the Working 
Group as soon as practicable after the vacancy has 
occurred. 
(4) COMPENSATION.—Members of the Working 
Group shall not receive any compensation for their 
service on the Working Group. 
(5) NOMINATIONS.—The State of Oregon and 
county governments for each county directly adja-
cent to or containing any portion of Mount Hood 
National Forest may submit a nomination to the Re-
gional Forester for each activity or interest group 
category described in subsection (d). 
(6) BROAD
AND
BALANCED
REPRESENTA-
TION.—In appointing the members of the Working 
Group, the Regional Forester shall provide for a bal-
anced and broad representation from the recreation 
community. 
(d) COMPOSITION OF WORKING GROUP.—The Work-
ing Group shall be composed of 15 members, selected so 
that the following activities and interest groups are rep-
resented: 
(1) Summer non-mechanized recreation, such as 
hiking. 
(2) Winter non-motorized recreation, such as 
snowshoeing and backcountry skiing. 
(3) Mountain biking. 
(4) Hunting and fishing. 
(5) Summer motorized recreation, such as off-
highway vehicle use. 
(6) Local environmental groups. 
(7) Winter motorized recreation, such as 
snowmobiling. 
(8) Permitted ski areas. 
(9) Forest products industry. 
(10) Affected Indian tribes.
(11) Local holder of a recreation residence per-
mit. 
(12) Local government interests, such as a 
county commissioner or city mayor in an elected po-
sition representing a county or city directly adjacent 
or containing any portion of Mount Hood National 
Forest. 
(13) A resident of Government Camp. 
(14) The State of Oregon. 
(15) Operators of campground facilities open to 
the general public. 
(e) CHAIRPERSON.—The chairperson of the Working 
Group shall be selected by a majority of the Working 
Group. 
(f) OTHER WORKING GROUP AUTHORITIES AND RE-
QUIREMENTS.—
(1) STAFF ASSISTANCE.—The Secretary of Ag-
riculture shall provide staff assistance to the Work-
ing Group from Federal employees under the juris-
diction of the Secretary. 
(2) MEETINGS.—All meetings of the Working 
Group shall be announced at least one week in ad-
vance in a local newspaper of record and shall be 
open to the public.
(3) RECORDS.—The Working Group shall main-
tain records of the meetings of the Working Group 
and make the records available for public inspection. 
(g) LIMITATION ON ADMINISTRATIVE ASSISTANCE.—
Not more than five percent of the funds allocated under 
section 303(b)(1) to Mount Hood National Forest for a 
fiscal year may be used to provide administrative assist-
ance to the Working Group during that fiscal year. 
(h) FEDERAL ADVISORY COMMITTEE ACT.—The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the Working Group. 
(i) TERMINATION OF WORKING GROUP.—The Work-
ing Group shall terminate at the end of the 10-year period 
beginning on the date of the enactment of this Act. 
SEC. 306. CONSIDERATION OF CONVERSION OF FOREST 
ROADS TO RECREATIONAL USES. 
(a) EVALUATION OF CURRENTLY CLOSED ROADS.—
(1) 
CONSIDERATION
FOR
RECREATIONAL 
USE.—The Secretary of Agriculture may make a de-
termination regarding whether the Forest Service 
roads in Mount Hood National Forest that were se-
lected before the date of the enactment of this Act 
for closure and decommissioning, but have not yet 
been decommissioned, should be converted to rec-
reational uses to enhance recreational opportunities
in the national forest, such as conversion to single-
track trails for mountain bikes and trails for 
snowmobiling, off-road vehicle use, horseback riding, 
hiking, cross country skiing, and other recreational 
uses. 
(2) CONSIDERATION OF ENVIRONMENTAL AND 
ECONOMIC
IMPACTS.—In evaluating the feasibility 
and suitability of converting Forest Service roads 
under this subsection to recreational uses, and the 
types of recreational uses to be authorized, the Sec-
retary shall take into account the environmental and 
economic impacts of implementing the conversion 
and of the resulting recreational uses. 
(3) PUBLIC PROCESS.—The consideration and 
selection of Forest Service roads under this sub-
section for conversion to recreational uses, and the 
types of recreational uses to be authorized, shall be 
a public process, including consultation by the Sec-
retary of Agriculture with the Mount Hood National 
Forest Recreational Working Group. 
(b) FUTURE CLOSURE CONSIDERATIONS.—Whenever 
the Secretary of Agriculture considers a Forest Service 
road in Mount Hood National Forest for possible closure 
and decommissioning after the date of the enactment of 
this Act, the Secretary shall include, as an alternative to
decommissioning the road, consideration of converting the 
road to recreational uses to enhance recreational opportu-
nities in the Mount Hood National Forest. 
SEC. 307. IMPROVED TRAIL ACCESS FOR PERSONS WITH 
DISABILITIES. 
(a) CONSTRUCTION OF TRAIL.—The Secretary of Ag-
riculture may enter into a contract with a partner organi-
zation or other person to design and construct a trail at 
a location selected by the Secretary in Mount Hood Na-
tional Forest suitable for use by persons with disabilities. 
(b) PUBLIC PROCESS.—The selection of the trail lo-
cation under subsection (a) and the preparation of the de-
sign of the trail shall be a public process, including con-
sultation by the Secretary of Agriculture with the Mount 
Hood National Forest Recreational Working Group. 
(c) FUNDING.—The Secretary of Agriculture may use 
funds in the special account established under section 302 
to carry out this section. 
TITLE IV—TRANSPORTATION 
SEC. 401. FINDINGS AND PURPOSE. 
The purpose of this title is to support the develop-
ment of an integrated, multi-modal transportation plan for 
the Mount Hood region designed to achieve comprehensive 
solutions to transportation challenges in the region nec-
essary to promote appropriate economic development, pre-
serve landscapes, and enhance public safety. 
SEC. 402. MOUNT HOOD REGION DEFINED. 
In this title, the term ‘‘Mount Hood region’’ means 
Mount Hood and the other areas immediately surrounding 
the mountain, as well as the Highway 26 and Highway 
35 corridors in and near Mount Hood National Forest, 
other State, county, and Forest Service roads in and near 
the national forest, and the gateway communities along 
these corridors and roads. 
SEC. 403. TRANSPORTATION PLAN. 
(a) FOREST SERVICE PARTICIPATION.—The Sec-
retary of Agriculture is authorized and directed to work 
with the State of Oregon to develop an integrated, multi-
modal transportation plan for the Mount Hood region. 
(b) PLANNING PROCESS.—The transportation plan 
shall conform with Federal and Oregon transportation 
planning requirements and be the product of a collabo-
rative process, preferably through the use of a commission 
composed of interested persons appointed by the State, 
with representation from the Forest Service and local gov-
ernments in the Mount Hood region. 
(c) SCOPE OF PLAN.—The transportation plan shall 
address both—
(1) transportation of people to and from areas 
outside the Mount Hood region on major corridors 
traversing the region; and 
(2) transportation of people from place to place 
within the Mount Hood region. 
(d) SPECIFIC ELEMENTS OF PLAN.—At a minimum, 
the transportation plan shall consider the following: 
(1) Transportation alternatives between and 
among recreation areas and gateway communities 
within the Mount Hood region. 
(2) Park and ride facilities at gateway commu-
nities. 
(3) Intermodal transportation centers to link 
public transportation, parking, and recreation des-
tinations. 
(4) A new interchange on Highway 26 in or 
near Government Camp. 
(5) Designation, maintenance, and improve-
ments of alternative routes utilizing Forest Service 
and or State roads for emergency routes or improved 
access to, and travel within, the Mount Hood region. 
(6) Reconstruction of Highway 35 from Mineral 
Creek to Baseline Road to address ongoing debris 
flow locations.
(7) Mechanisms for funding implementation of 
the plan, including Federal grants or appropriations, 
public-private partnerships, incremental tax financ-
ing, and other financing tools that link transpor-
tation infrastructure improvements with develop-
ment. 
(e) COMPLETION.—The transportation plan shall be 
completed within two years after the date on which funds 
are first made available under subsection (f) for the plan. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of Agri-
culture $2,000,000, which the Secretary shall provide to 
the State of Oregon for the preparation of the transpor-
tation plan for the Mount Hood region. 
SEC. 404. STUDY REGARDING GONDOLA CONNECTION AND 
INTERMODAL TRANSPORTATION CENTER. 
(a) STUDY AUTHORIZED.—The Secretary of Agri-
culture shall conduct a study of the feasibility of estab-
lishing—
(1) a gondola connection between Timberline 
Lodge and Government Camp, Oregon, in the vicin-
ity of the historic gondola corridor; and 
(2) an intermodal transportation center in or 
near Government Camp.
(b) CONSIDERATION OF SITES.—In conducting the 
study under this section, the Secretary may include con-
sideration of one or more possible sites for the gondola 
connection and intermodal transportation center. 
TITLE V—FOREST AND 
WATERSHED STEWARDSHIP 
SEC. 501. FINDINGS AND PURPOSE. 
The purpose of this title is to direct the Forest Serv-
ice to prepare an assessment to promote forested land-
scapes resilient to catastrophic fire, insects, and disease, 
to protect homes and communities from property damage 
and threats to public safety, and to protect and enhance 
existing community or municipal watersheds. It is the in-
tent of Congress that site-specific forest health projects 
undertaken pursuant to this assessment shall be com-
pleted in accordance with existing law. 
SEC. 502. FOREST STEWARDSHIP ASSESSMENT. 
(a) PREPARATION OF ASSESSMENT.—The Secretary 
of Agriculture shall prepare an assessment to identify the 
forest health needs in those areas of the Mount Hood Na-
tional Forest with a high incidence of insect or disease 
infestation (or both), heavily overstocked tree stands, or 
moderate-to-high risk of unnatural catastrophic wildfire 
for the purpose of improving condition class, which signifi-
cantly improves the forest health and water quality. The
Secretary may utilize existing information to complete the 
assessment. The assessment shall also identify specific 
projects to address these issues. 
(b) IMPROVED MAPPING.—The assessment may in-
clude improved mapping of condition class 2 and condition 
class 3 areas and other areas identified in subsection (a) 
in Mount Hood National Forest. 
(c) COMPLETION.—The Secretary of Agriculture 
shall complete the assessment not later than one year after 
the date of the enactment of this Act. 
(d) DURATION
OF STUDY.—The assessment shall 
cover a 10-year period. 
(e) IMPLEMENTATION.—Not later than one year after 
completion of the assessment, the Secretary shall com-
mence implementation of projects to address the needs 
identified in the assessment. These projects shall be imple-
mented using authorities available to the Secretary to 
manage the Mount Hood National Forest to achieve the 
purpose specified in subsection (a). 
(f) DELAY.—During development of the assessment 
under this section, a forest management project that is 
unaffiliated with the assessment and has completed review 
as required under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321) in accordance with existing law,
need not be delayed in the event the Secretary fails to 
meet the deadline specified in subsection (c). 
(g) RELATION
TO EXISTING LAW
AND PLANS.—
Nothing in this section grants the Secretary any authority 
to manage the Mount Hood National Forest contrary to 
existing law. The assessment conducted by the Secretary 
under this section shall not supersede, be considered a 
supplement or amendment to, or in any way affect the 
legal or regulatory authority of the Mount Hood National 
Forest Land and Resource Management Plan or the col-
lection of documents entitled ‘‘Final Supplemental Envi-
ronmental Impact Statement and Record of Decision for 
Amendments to Forest Service and Bureau of Land Man-
agement Planning Documents within the Range of the 
Northern Spotted Owl’’ and ‘‘Standards and Guidelines 
for Management of Habitat for Late-Successional and 
Old-Growth Forest Related Species Within the Range of 
the Northern Spotted Owl’’. 
(h) PUBLIC PARTICIPATION.—The Secretary shall 
provide an opportunity for interested persons to be in-
volved in development of the assessment conducted by the 
Secretary under this section. 
SEC. 503. SUSTAINABLE BIOMASS UTILIZATION STUDY. 
(a) STUDY REQUIRED.—The Secretary of Agriculture 
shall conduct a study to assess the amount of long-term
sustainable biomass available in the Mount Hood National 
Forest that, consistent with applicable law, could be made 
available as a raw material for—
(1) the production of electric energy, sensible 
heat, transportation fuel, or substitutes for petro-
leum-based products; 
(2) dimensional lumber, fencing, framing mate-
rial, poles, firewood, furniture, chips, pulp for paper; 
or 
(3) other commercial purposes. 
(b) BIOMASS DEFINED.—In this section, the term 
‘‘biomass’’ means small diameter trees and understory 
vegetation that is removed from forested land as a by-
product of forest restoration efforts. 
SEC. 504. WATERSHED MANAGEMENT MEMORANDA OF UN-
DERSTANDING. 
(a) COMPLETION
OF
MEMORANDA
OF
UNDER-
STANDING.—To the extent that memoranda of under-
standing or other legal agreements involving watersheds 
of Mount Hood National Forest do not exist between irri-
gation districts or municipalities and the Forest Service, 
the Secretary of Agriculture may complete memoranda of 
understanding that outline stewardship goals to manage 
the watersheds for water quality and water quantity.
(b) ELEMENTS OF MEMORANDUM.—A memorandum 
of understanding involving a watershed of Mount Hood 
National Forest shall encourage adaptability, establish 
benchmarks regarding water quality and water quantity, 
and require monitoring to determine progress in meeting 
such benchmarks. The memorandum of understanding 
may restrict public access to areas of the watershed where 
appropriate. 
(c) PUBLIC PROCESS REQUIRED.—
(1) COLLABORATION
AND
CONSULTATION.—
The Secretary of Agriculture shall ensure that the 
process by which the Secretary enters into a memo-
randum of understanding with an irrigation district, 
local government, or other entity involving a water-
shed of Mount Hood National Forest is based on 
collaboration and cooperation between the Forest 
Service and local jurisdictions and other interested 
persons. 
(2) PUBLIC
MEETING
REQUIRED.—The Sec-
retary and the other party or parties to the proposed 
memorandum of understanding shall hold at least 
one joint public meeting before completing a final 
draft of the memorandum of understanding.
(3) PUBLIC COMMENT.—A draft memorandum 
of understanding also shall be open to public com-
ment before being finalized. 
TITLE 
VI—CRYSTAL 
SPRINGS 
WATERSHED 
SPECIAL 
RE-
SOURCES MANAGEMENT UNIT 
SEC. 601. FINDINGS AND PURPOSE. 
The purpose of this title is to establish a special re-
sources management unit to ensure protection of the qual-
ity and quantity of the Crystal Springs watershed as a 
clean drinking water source for the residents of Hood 
River County, Oregon, while also allowing visitors to enjoy 
its special scenic, natural, cultural, and wildlife values. 
SEC. 602. ESTABLISHMENT OF CRYSTAL SPRINGS WATER-
SHED SPECIAL RESOURCES MANAGEMENT 
UNIT. 
(a) ESTABLISHMENT.—Effective as provided by sec-
tion 605, the Secretary of Agriculture shall establish a 
special resources management unit in the State of Oregon 
consisting of all National Forest System land that is lo-
cated within 200 yards from any point on the perimeter 
of the Crystal Springs Zone of Contribution, as deter-
mined by the Crystal Springs Water District, and other 
National Forest System land in and around the Inn at 
Cooper Spur and the Cooper Spur Ski Area, as depicted
on the map entitled ‘‘Crystal Springs Watershed Special 
Resources Management Unit’’ and dated June 2006 in 
this subtitle referred to as the ‘‘official map’’). 
(b) DESIGNATION.—The special resources manage-
ment unit established pursuant to subsection (a) shall be 
known as the Crystal Springs Watershed Special Re-
sources Management Unit, in this title referred to as the 
‘‘Management Unit’’. 
(c) EXCLUSION OF CERTAIN LAND.—The Manage-
ment Unit does not include any National Forest System 
land otherwise covered by subsection (a) that is designated 
as wilderness by title I. 
(d) WITHDRAWAL.—Subject to valid existing rights, 
National Forest System land included in the Management 
Unit are permanently withdrawn from all forms of appro-
priation under the public land laws, including the mining 
laws and mineral and geothermal leasing laws. 
(e) MAPS AND LEGAL DESCRIPTION.—
(1) SUBMISSION OF LEGAL DESCRIPTIONS.—As 
soon as practicable after the effective date specified 
in section 605, the Secretary shall prepare and sub-
mit to Congress a legal description of the Manage-
ment Unit. 
(2) FORCE OF LAW.—The map referred to in 
subsection (a) and the legal descriptions prepared
under paragraph (1) shall have the same force and 
effect as if included in this Act, except that the Sec-
retary may correct technical errors in the map and 
legal descriptions. The map of the Crystal Springs 
Zone of Contribution is incorporated in this Act to 
delineate the boundaries of the Management Unit, 
and the delineation of these boundaries is not in-
tended to affect the specific uses that may occur on 
private land within the boundaries of the Manage-
ment Unit. 
(3) PUBLIC AVAILABILITY.—The map referred 
to in subsection (a) and the legal descriptions pre-
pared under paragraph (1) shall be filed and made 
available for public inspection in the appropriate of-
fices of the Forest Service. 
SEC. 603. ADMINISTRATION OF MANAGEMENT UNIT. 
(a) GENERAL APPLICABILITY OF EXISTING LAWS.—
Except as provided in this title, all other laws and regula-
tions affecting National Forest System lands shall con-
tinue to apply to the National Forest System lands in-
cluded in the Management Unit. 
(b) AUTHORIZED ACTIVITIES.—
(1) PROCESS
FOR
ALLOWING
ACTIVITIES.—
Only activities described in this subsection may 
occur in the Management Unit, and the Secretary of
Agriculture may permit an activity described in this 
subsection to occur in the Management Unit only 
after the Secretary—
(A) obtains the review and opinions of the 
Crystal Springs Water District regarding the 
effect of the activity on the purposes of the 
Management Unit; 
(B) complies with all applicable Federal 
law regarding development and implementation 
of the activity; and 
(C) when appropriate, provides to the gen-
eral public advance notice of the activity, an op-
portunity to comment on the activity, and ap-
peal rights regarding the activity. 
(2) RECREATION.—The Secretary may—
(A) continue to maintain recreational op-
portunities and trails, in existence in the Man-
agement Unit as of the effective date specified 
in section 605, within their existing and historic 
footprints or at an alternative location; and 
(B) develop new foot paths or cross-county 
skiing trails in the Management Unit. 
(3) LEASE OF CERTAIN IMPROVEMENTS.—The 
Secretary may lease improvements and facilities, in 
existence in the Management Unit as of the effective
date specified in section 605, within their existing 
and designated footprints to one or more conces-
sionaires. 
(4) ROAD
MAINTENANCE.—Subject to sub-
section (d), the Secretary may maintain National 
Forest System roads, in existence in the Manage-
ment Unit as of the effective date specified in sec-
tion 605 or as directed by the management plan re-
quired by subsection (d). Maintenance may include 
the installation of culverts and drainage improve-
ments and other similar activities. 
(5) FUEL
REDUCTION
IN
PROXIMITY
TO
IM-
PROVEMENTS
AND
PRIMARY
PUBLIC
ROADS.—The 
Secretary may permit fuel reduction on National 
Forest System land in the Management Unit—
(A) extending up to 400 feet from struc-
tures on National Forest System land or struc-
tures on adjacent private land; and 
(B) extending up to 400 feet from the Coo-
per Spur Road, the Cloud Cap Road, and the 
Cooper Spur ski area loop road. 
(6) OTHER
FUEL
REDUCTION
AND
FOREST 
HEALTH ACTIVITIES.—The Secretary may conduct 
fuel reduction and forest health management activi-
ties in the Management Unit, with priority given to
activities that restore previously harvested stands, 
including the removal of logging slash, smaller di-
ameter material, and ladder fuels. The purpose of 
any fire risk reduction or forest health management 
activity conducted in the Management Unit shall be 
the maintenance and restoration of fire-resilient for-
est structures containing multi-storied canopies 
(where ecologically appropriate) and the protection 
of water quality, water quantity, scenic, cultural nat-
ural and wildlife values. 
(c) SPECIFICALLY PROHIBITED ACTIVITIES.—The 
following activities may not occur on National Forest Sys-
tem land in the Management Unit, whether separately or, 
except as provided in paragraph (2), as part of an activity 
authorized by subsection (b): 
(1) New road construction or renovation of ex-
isting non-System roads. 
(2) Projects undertaken for the purpose of har-
vesting commercial timber. The harvest of merchant-
able products that are a by-product of activities con-
ducted pursuant to subsection (b)(6) and carried out 
pursuant to a stewardship contract are not prohib-
ited by this subsection 
(3) Commercial livestock grazing.
(4) The placement or maintenance of fuel stor-
age tanks. 
(5) The application of any toxic chemicals, in-
cluding 
pesticides, 
rodenticides, 
herbicides, 
or 
retardants, for any purpose, except with the consent 
of the Crystal Springs Water District. 
(d) MANAGEMENT PLAN.—
(1) PLAN
REQUIRED.—Within nine months 
after the effective date specified in section 605, the 
Secretary of Agriculture shall adopt a management 
plan for the Management Unit that, while providing 
for the limited activities specifically authorized by 
subsection (b), protects the watershed from illegal 
dumping, human waste, fires, vandalism and other 
risks to water quality. 
(2) CONSULTATION
AND
PUBLIC
PARTICIPA-
TION.—The Secretary shall prepare the management 
plan in consultation with the Crystal Springs Water 
District, the Cooper Spur Wild and Free Coalition, 
and Hood River County and provide for public par-
ticipation as described in subsection (b)(1)(C). 
(e) FOREST ROAD CLOSURES.—As part of the man-
agement plan required by subsection (d), the Secretary of 
Agriculture may provide for the closure or gating to the 
general public of any Forest Service road within the Man-
agement Unit, except for the road commonly known as 
Cloud Cap Road. 
(f) PRIVATE LAND.—Nothing in this section affects 
the use of, or access to, any private property within the 
Crystal Springs Zone of Contribution by the owners of the 
private property and their guests. The Secretary is encour-
aged to work with interested private landowners who have 
voluntarily agreed to cooperate with the Secretary to fur-
ther the purposes of this title. 
(g) RELATIONSHIP WITH WATER DISTRICT.—Except 
as provided in this section, the Crystal Springs Water Dis-
trict has no authorities over management or use of Na-
tional Forest System land included in the Management 
Unit. 
SEC. 604. ACQUISITION OF LANDS. 
(a) ACQUISITION AUTHORITY.—The Secretary of Ag-
riculture may acquire from willing landowners any lands 
located in the Crystal Springs Zone of Contribution within 
the boundaries of Mount Hood National Forest. Lands so 
acquired shall automatically be added to the Management 
Unit. 
(b) PROHIBITION ON SUBSEQUENT CONVEYANCE.—
The Secretary may not sell, trade, or otherwise transfer 
ownership of any land within the Management Unit, in-
cluding any of the land acquired under subsection (a) or
received by the Secretary as part of the Cooper Spur-Gov-
ernment Camp land exchange authorized by subtitle A of 
title VIII and included within the Management Unit, to 
any person. 
SEC. 605. EFFECTIVE DATE. 
The Secretary of Agriculture shall establish the Man-
agement Unit as soon as practicable after the final closing 
of the Cooper Spur-Government Camp land exchange au-
thorized by subtitle A of title VIII, but in no case later 
than 30 days after the date of the final closing of such 
land exchange. The Management Unit may not be estab-
lished before final closing of the land exchange. 
TITLE VII—LOCAL AND TRIBAL 
RELATIONSHIPS 
SEC. 701. FINDINGS AND PURPOSE. 
The purpose of this title is to recognize and support 
the ability of Native Americans to continue to gather first 
foods in the Mount Hood National Forest using tradi-
tional methods and the central role of the State of Oregon 
and local governments in managing for issues dealing with 
natural and developed environments in the vicinity of the 
national forest. 
SEC. 702. FIRST FOODS GATHERING AREAS. 
(a) PRIORITY USE AREAS.—The Secretary of Agri-
culture shall identify, establish, develop, and manage pri-
ority-use areas in Mount Hood National Forest for the 
gathering of first foods by members of Indian tribes with 
treaty-reserved gathering rights on lands encompassed by 
the national forest. The priority-use areas shall be identi-
fied, established, developed, and managed in a manner 
consistent with the memorandum of understanding en-
tered into between the Department of Agriculture, the Bu-
reau of Land Management, the Bureau of Indian Affairs, 
and the Confederated Tribes of the Warm Springs Res-
ervation of Oregon (in this section referred to as the 
‘‘Warm Springs Tribe’’) and dated April 23, 2003, and 
such further agreements as are necessary between the Sec-
retary of Agriculture and the Warm Springs Tribe to 
carry out the purposes of this section. 
(b) PRIORITY USE.—Members of Indian tribes with 
treaty-reserved gathering rights on lands encompassed by 
Mount Hood National Forest shall have exclusive rights 
to gather first foods in the priority-use areas established 
pursuant to subsection (a). 
(c) APPLICABLE LAW.—In considering and selecting 
National Forest System land for inclusion in a priority-
use area under subsection (a), the Secretary of Agriculture 
shall comply with the land and resource management plan 
for Mount Hood National Forest and applicable laws.
(d) FIRST FOODS DEFINED.—In this section, the 
term ‘‘first foods’’ means roots, berries, and plants on Na-
tional Forest System land in Mount Hood National Forest 
that have been gathered for traditional and cultural pur-
poses by members of Indian tribes with treaty-reserved 
gathering rights on lands encompassed by Mount Hood 
National Forest. 
SEC. 703. FOREST SERVICE COORDINATION WITH STATE 
AND LOCAL GOVERNMENTS. 
Congress encourages the Secretary of Agriculture to 
cooperate with the State of Oregon, local communities, 
counties, and Indian tribes in the vicinity of Mount Hood 
National Forest, and the heads of other Federal agencies 
to identify common ground, coordinate planning efforts 
around the national forest, and make the Federal Govern-
ment a better partner in building cooperative and lasting 
solutions for management of Mount Hood National Forest 
and non-Federal land in the vicinity of the national forest. 
SEC. 704. SAVINGS PROVISIONS REGARDING RELATIONS 
WITH INDIAN TRIBES. 
(a) TREATY RIGHTS.—Nothing in this Act is in-
tended to alter, modify, enlarge, diminish, or extinguish 
the treaty rights of any Indian tribe, including the off-
reservation reserved rights established by the Treaty of 
June 25, 1855, with the Tribes and Bands of Middle Or-
egon (12 Stat. 963). Section 702 is consistent with and 
intended to implement the gathering rights reserved by 
such treaty. 
(b) TRIBAL LANDS.—Nothing in this Act is intended 
to affect lands held in trust by the Secretary of the Inte-
rior for Indian tribes or individual members of Indian 
tribes or other lands acquired by the Army Corps of Engi-
neers and administered by the Secretary of the Interior 
for the benefit of Indian tribes and individual members 
of Indian tribes. 
(c) HUNTING AND FISHING.—Nothing in this Act is 
intended to affect the laws, rules, and regulations per-
taining to hunting and fishing under existing State and 
Federal laws and Indian treaties. 
SEC. 705. IMPROVED NATURAL DISASTER PREPAREDNESS. 
(a) IMPOSITION OF STANDARDS.—New development 
occurring on land conveyed by the Secretary of Agriculture 
under title VIII or undertaken or otherwise permitted by 
the Secretary of Agriculture on National Forest System 
land in Mount Hood National Forest after the date of the 
enactment of this Act shall be constructed or altered in 
compliance with one of the nationally recognized model 
building codes or wildland-urban interface codes and with 
other applicable nationally recognized codes.
(b) INCLUSION OF STANDARDS IN LAND CONVEY-
ANCES.—In the case of each of the land conveyances de-
scribed in title VIII, the Secretary shall impose the re-
quirements of subsection (a) as a condition on the convey-
ance of the Federal land under the conveyance. 
(c) EFFECT ON STATE AND LOCAL LAW.—To the 
maximum extent feasible, the codes imposed pursuant to 
subsection (a) shall be consistent with the nationally rec-
ognized codes adopted by the State of Oregon or political 
subdivisions of the State. This section shall not be con-
strued to limit the power of the State of Oregon or a polit-
ical subdivision of the State to implement or enforce any 
law, rule, regulation, or standard concerning fire preven-
tion and control. 
(d) ENFORCEMENT.—The codes imposed pursuant to 
subsection (a) may be enforced by the same entities other-
wise enforcing building codes regarding new development 
occurring on land conveyed by the Secretary of Agriculture 
under title VIII.
TITLE VIII—LAND 
CONVEYANCES 
Subtitle A—Cooper Spur-
Government Camp Land Exchange 
SEC. 801. FINDINGS AND PURPOSE. 
The purpose of this subtitle is to recognize the years 
of work by local residents and political and business lead-
ers from throughout the States of Oregon and Washington 
to protect the north side of Mount Hood and bring to cul-
mination the land exchange authorized by section 802. 
Congress finds that numerous public hearings have been 
held where broad public support has been voiced for the 
protection of Mount Hood and the consummation of the 
land exchange. 
SEC. 802. COOPER SPUR-GOVERNMENT CAMP LAND EX-
CHANGE. 
(a) CONVEYANCE REQUIRED.—The Secretary of Ag-
riculture shall convey to Mt. Hood Meadows Oregon, Lim-
ited Partnership (in this subtitle referred to as ‘‘Mt. Hood 
Meadows’’), all right, title, and interest of the United 
States in and to—
(1) a parcel of National Forest System land in 
Mount Hood National Forest consisting of approxi-
mately 80 acres in Government Camp, Clackamas 
County, Oregon, as depicted on the map entitled
‘‘Cooper Spur-Government Camp Land Exchange’’ 
and dated June 2006 (in this subtitle referred to as 
the ‘‘official map’’); and 
(2) a parcel of National Forest System land in 
Mount Hood National Forest consisting of approxi-
mately 40 acres in Government Camp, as depicted 
on the official map. 
(b) CONSIDERATION.—As consideration for the con-
veyance under subsection (a), Mt. Hood Meadows, Mead-
ows North, LLC, and North Face Inn, LLC, shall convey 
to the United States all right, title, and interest of these 
entities in and to—
(1) a parcel of private land consisting of ap-
proximately 770 acres at Cooper Spur, as depicted 
on the official map; 
(2) all buildings, furniture, fixtures, and equip-
ment at the Inn at Cooper Spur covered by the ap-
praisal described in subsection (c)(1); 
(3) the 1,350 acre special use permit for the 
Cooper Spur Ski Area, as depicted on the official 
map; and 
(4) all buildings, furniture, fixtures, and equip-
ment at the Cooper Spur Ski Area covered by the 
appraisal described in subsection (c)(1). 
(c) APPRAISED VALUES OF CONVEYED PROPERTY.—
(1) USE OF AGREED UPON APPRAISAL.—For 
purposes of the land exchange authorized by this 
subtitle, the values of the land and other property to 
be conveyed under subsections (a) and (b) are de-
rived from appraisals performed in 2005 by Steve A. 
Hall, MAI, CCIM, Oregon State Certified General 
Appraiser. The appraisals were performed in compli-
ance with the Uniform Standards of Professional 
Appraisal Practice and the Uniform Appraisal 
Standards for Federal Land Acquisitions 2000 and 
have been reviewed and approved by the parties to 
the settlement agreement. 
(2) APPRAISED VALUES.—
(A) FEDERAL LAND.—The appraised value 
of the land to be conveyed by the Secretary of 
Agriculture under subsection (a) is $3,810,000. 
(B) PRIVATE LAND AND PROPERTY.—The 
appraised value of the land and other property 
to be conveyed by Mt. Hood Meadows, Meadows 
North, LLC, and North Face Inn, LLC, under 
subsection (b) is $5,535,000. 
(3) TREATMENT OF EXCESS CONSIDERATION.—
The amount by which the appraised value of the 
land and other property conveyed by Mt. Hood 
Meadows, Meadows North, LLC, and North Face
Inn, LLC, under subsection (b) exceeds the ap-
praised value of the land conveyed by the Secretary 
under subsection (a), $1,725,000, represents a dona-
tion to the United States. 
(d) COMPLETION OF LAND EXCHANGE.—The Sec-
retary of Agriculture shall complete all legal and regu-
latory processes required in connection with the convey-
ances under this section and complete the closing of the 
conveyances within eight months after the date of the en-
actment of this Act. 
(e) RECONVEYANCE
OF
LAND
AND
IMPROVE-
MENTS.—
(1) 
PROHIBITION
ON
RECONVEYANCE
OF 
LAND.—The Secretary of Agriculture may not re-
convey any of the land (as opposed to improvements 
thereon) acquired by the United States under sub-
section (b). 
(2) LIMITATION
ON
RECONVEYANCE
OF
IM-
PROVEMENTS.—Any subsequent sale or lease of im-
provements acquired under subsection (b) may not 
be made to Mt. Hood Meadows, or any successor 
thereof. 
(f) EXISTING RIGHTS.—The conveyance of Federal 
land under this section shall be subject to valid existing 
rights of third parties. In the alternative, the Secretary
of Agriculture may grant substitute permit rights of equiv-
alent utility to use other Federal land. 
SEC. 803. TREATMENT OF INN AT COOPER SPUR AND THE 
COOPER SPUR SKI AREA. 
(a) SOLICITATION OF NEW CONCESSIONAIRE.—Not 
later than 60 days after the date of the final closing of 
the land exchange under section 802, the Secretary of Ag-
riculture shall prepare and publish a proposed prospectus 
in order to solicit a new concessionaire for the Inn at Coo-
per Spur and the Cooper Spur Ski Area within the new 
configuration of these establishments, as depicted on the 
official map. 
(b) COMPETITIVE
PROCESS.—Prospective conces-
sionaires shall be able to bid competitively for the right 
to operate either the Inn at Cooper Spur or the Cooper 
Spur Ski Area (or both together) in an open process that 
considers all values, not just the highest dollar value. 
(c) CONSULTATION.—The Secretary of Agriculture 
shall consult with Mt. Hood Meadows, Meadows North, 
LLC, and North Face Inn, LLC, the Hood River Valley 
Residents Committee, the Cooper Spur Wild and Free Co-
alition, and the Hood River County Commission in select-
ing a new concessionaire for the Inn at Cooper Spur and 
the Cooper Spur Ski Area and to prepare for the orderly 
and smooth transition of the operation of the Inn at Coo-
per Spur and the Cooper Spur Ski Area to the new conces-
sionaire. 
(d) TREATMENT OF PROCEEDS.—All funds received 
pursuant to a concession contract under this section shall 
be deposited in the fund established by Public Law 90–
171 (16 U.S.C. 484a; commonly known as the Sisk Act) 
and shall remain available to the Secretary of Agriculture 
until expended, without further appropriation, for use in 
Mount Hood National Forest, with priority given to the 
Hood River Ranger District for restoration projects on the 
North side of Mount Hood. 
(e) ALTERNATIVE CONVEYANCE AND SPECIAL USE 
PERMIT.—If the Secretary of Agriculture has not selected 
a concessionaire for the Inn at Cooper Spur and the Coo-
per Spur Ski Area by the end of the one-year period begin-
ning on the date of the publication of the prospectus under 
subsection (a), the Secretary may convey, without consid-
eration, the improvements acquired under paragraphs (2) 
and (4) of section 802(b) only to Hood River County, Or-
egon. If the Secretary conveys improvements to Hood 
River County pursuant to this subsection, the Secretary 
shall issue a special use permit that would allow reason-
able access to and management of the improvements 
under terms similar to the Cooper Spur Ski Area Special 
Use Permit.
SEC. 804. GENERAL PROVISIONS. 
(a) APPLICABLE LAW.—Except as otherwise provided 
in this subtitle, the exchange of Federal land under section 
802 is subject to the existing laws and regulations applica-
ble to the conveyance and acquisition of land under the 
jurisdiction of the Forest Service. It is anticipated that 
the Secretary of Agriculture will be able to carry out the 
land exchange without the promulgation of additional reg-
ulations. 
(b) CONDITIONS ON ACCEPTANCE.—Title to the non-
Federal land to be acquired by the Secretary of Agri-
culture under section 802 must be acceptable to the Sec-
retary, and the conveyances shall be subject to valid exist-
ing rights of record. The non-Federal land shall conform 
with the title approval standards applicable to Federal 
land acquisitions. 
(c) LEGAL DESCRIPTIONS.—The exact acreage and 
legal description of the land to be exchanged under section 
802 shall be determined by surveys satisfactory to the Sec-
retary of Agriculture. The costs of any such survey, as 
well as other administrative costs incurred to execute the 
land exchange, shall be borne by the Secretary.
Subtitle B—Other Land Exchanges 
SEC. 811. LAND EXCHANGE, PORT OF CASCADE LOCKS-PA-
CIFIC CREST NATIONAL SCENIC TRAIL. 
(a) CONVEYANCE REQUIRED.—The Secretary of Ag-
riculture shall convey to the Port of Cascade Locks, Cas-
cade Locks, Oregon (in this section referred to as the 
‘‘Port’’), all right, title, and interest of the United States 
in and to a parcel of National Forest System land in the 
Columbia River Gorge National Scenic Area consisting of 
approximately 10 acres, as depicted on the map entitled 
‘‘Port of Cascade Locks-Pacific Crest National Scenic 
Trail Land Exchange’’ and dated June 2006. 
(b) CONSIDERATION.—As consideration for the con-
veyance under subsection (a), the Port shall convey to the 
United States all right, title, and interest of the Port in 
and to a parcel of land consisting of approximately 40 
acres, as depicted on the map referred to in subsection 
(a). The acquisition of this land will ensure the continued 
integrity of the Pacific Crest National Scenic Trail in the 
vicinity of Cascade Locks and the public’s ability to access 
the north Oregon entrance of the trail. 
(c) EQUAL VALUE EXCHANGE.—The values of the 
land to be exchanged under this section shall be deter-
mined pursuant to an appraisal acceptable to the Sec-
retary of Agriculture and the Port. If the values are not
equal, they shall be equalized in the manner provided in 
section 206(b) of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1716(b)). 
(d) COMPLIANCE WITH EXISTING LAW.—Except as 
otherwise provided in this section, the Secretary shall 
carry out the land exchange under this section in the man-
ner provided in section 206 of the Federal Land Policy 
Management Act of 1976 (43 U.S.C. 1716). 
(e) CONDITIONS ON ACCEPTANCE.—Title to the non-
Federal land to be acquired by the Secretary of Agri-
culture under this section must be acceptable to the Sec-
retary, and the conveyances shall be subject to valid exist-
ing rights of record. The non-Federal land shall conform 
with the title approval standards applicable to Federal 
land acquisitions. 
(f) LEGAL DESCRIPTIONS.—The exact acreage and 
legal description of the land to be exchanged under this 
section shall be determined by surveys satisfactory to the 
Secretary of Agriculture. The costs of such survey, as well 
as other administrative costs incurred to execute the land 
exchange, shall be negotiated between the Secretary and 
the Port. 
(g) EXISTING RIGHTS.—The conveyance of Federal 
land under this section shall be subject to valid existing 
rights of third parties. In the alternative, the Secretary
of Agriculture may grant substitute permit rights of equiv-
alent utility to use other Federal land. 
(h) COMPLETION OF LAND EXCHANGE.—The Sec-
retary of Agriculture shall complete all legal and regu-
latory processes required in connection with the convey-
ances under this section and complete the closing of the 
conveyances within 16 months after the date of the enact-
ment of this Act. 
SEC. 
812. 
HUNCHBACK 
MOUNTAIN 
LAND 
EXCHANGE, 
CLACKAMAS COUNTY. 
(a) CONVEYANCE REQUIRED.—The Secretary of Ag-
riculture shall convey to Clackamas County, Oregon (in 
this section referred to as the ‘‘County’’), all right, title, 
and interest of the United States in and to a parcel of 
National Forest System land in the Mount Hood National 
Forest consisting of approximately 160 acres, as depicted 
on the map entitled ‘‘Hunchback Mountain Land Ex-
change-Clackamas County’’ and dated June 2006. 
(b) CONSIDERATION.—As consideration for the con-
veyance under subsection (a), the County shall convey to 
the United States all right, title, and interest of the Coun-
ty in and to a parcel of land consisting of approximately 
160 acres, as depicted on the map referred to in sub-
section (a). The acquisition of this parcel will ensure the 
continued integrity of the forested land, a substantial por-
tion of which exceeds 120 years in age, and the public’s 
access to the parcel. 
(c) EQUAL VALUE EXCHANGE.—The values of the 
land to be exchanged under this section shall be deter-
mined pursuant to an appraisal acceptable to the Sec-
retary of Agriculture and the County. If the values are 
not equal, they shall be equalized in the manner provided 
in section 206(b) of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1716(b)). 
(d) COMPLIANCE WITH EXISTING LAW.—Except as 
otherwise provided in this section, the Secretary shall 
carry out the land exchange under this section in the man-
ner provided in section 206 of the Federal Land Policy 
Management Act of 1976 (43 U.S.C. 1716). 
(e) CONDITIONS ON ACCEPTANCE.—Title to the non 
Federal land to be acquired by the Secretary of Agri-
culture under this section must be acceptable to the Sec-
retary, and the conveyances shall be subject to valid exist-
ing rights of record. The non-Federal land shall conform 
with the title approval standards applicable to Federal 
land acquisitions. 
(f) LEGAL DESCRIPTIONS.—The exact acreage and 
legal description of the land to be exchanged under this 
section shall be determined by surveys satisfactory to the 
Secretary of Agriculture. The costs of any such survey,
as well as other administrative costs incurred to execute 
the land exchange, shall be negotiated between the Sec-
retary and the County. 
(g) EXISTING RIGHTS.—The conveyance of Federal 
land under this section shall be subject to valid existing 
rights of third parties. In the alternative, the Secretary 
of Agriculture may grant substitute permit rights of equiv-
alent utility to use other Federal land. 
(h) COMPLETION OF LAND EXCHANGE.—The Sec-
retary of Agriculture shall complete all legal and regu-
latory processes required in connection with the land ex-
change under this section and complete the closing of the 
land exchange not later than 16 months after the date 
of the enactment of this Act.
Passed the House of Representatives July 24, 2006. 
Attest:
Clerk.