[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2723 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2723

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2004

   Mr. Wyden introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Lewis and Clark 
Mount Hood Wilderness Act of 2004''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
                TITLE I--DESIGNATION OF WILDERNESS AREAS

Sec. 101. Lewis and Clark Mount Hood Wilderness Areas.
Sec. 102. General provisions.
Sec. 103. Administration.
Sec. 104. Buffer zones.
Sec. 105. Fire safe community zones.
Sec. 106. Gateway communities.
Sec. 107. Fish and wildlife; hunting and fishing.
Sec. 108. Fire, insects, and diseases.
Sec. 109. Valid existing rights and withdrawal.
 TITLE II--DESIGNATION OF STREAMS FOR WILD AND SCENIC RIVER PROTECTION 
                         IN THE MOUNT HOOD AREA

Sec. 201. Designation of portions of Hood River.
Sec. 202. Designation of portions of Zigzag River.
Sec. 203. Designation of portions of Eagle Creek.
Sec. 204. Designation of portions of Fifteenmile Creek.
Sec. 205. Conforming amendments.
            TITLE III--NATIONAL COMMISSION ON URBAN FORESTS

Sec. 301. National Commission on Urban Forests.
Sec. 302. Duties.
Sec. 303. Powers.
Sec. 304. Commission personnel matters.
Sec. 305. Authorization of appropriations.
Sec. 306. Termination of Commission.
 TITLE IV--MOUNT HOOD NATIONAL FOREST SOUTHSIDE WINTER RECREATION AREA

Sec. 401. Identification.
Sec. 402. Designation.
                 TITLE V--MOUNTAIN BIKING PILOT PROJECT

Sec. 501. Establishment.
Sec. 502. Management goals.
Sec. 503. Report to Congress.
Sec. 504. Funding.
Sec. 505. Termination of authority.
           TITLE VI--TRANSPORTATION AND COMMUNICATION SYSTEMS

Sec. 601. Burial of power lines.
Sec. 602. Culvert replacement.
Sec. 603. Clarification of the treatment of state highway 35 under this 
                            Act.
Sec. 604. Multipor overpass.
                        TITLE VII--LAND EXCHANGE

Sec. 701. Clackamas County land exchange.
            TITLE VIII--MOUNT HOOD NATIONAL FOREST THINNING

Sec. 801. Establishment.
Sec. 802. Precommercial thinning.
Sec. 803. Westside Matrix forest plantations thinning for forest 
                            health.
Sec. 804. Eastside thinning for forest health.
Sec. 805. Funding.
Sec. 806. Termination of authority.
                        TITLE IX--MISCELLANEOUS

Sec. 901. Watershed management and restoration.
Sec. 902. Bridges over wild and scenic rivers.
Sec. 903. Middlefork irrigation district.
Sec. 904. Protection of tribal rights.
Sec. 905. Revenue retention.
                TITLE X--AUTHORIZATION OF APPROPRIATIONS

Sec. 1001. Authorization of appropriations.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) long before the arrival of Lewis and Clark, Native 
        Americans in the Oregon country lived amid the wild splendor of 
        the Cascade Mountains and the Columbia River, where the waters 
        teemed with fish, game roamed the forests, and fruits and 
        berries were abundant;
            (2) the Native Americans arrived in this bountiful land 
        from Asia by way of the Bering Sea and inhabited the land in 
        and around Mount Hood and the Columbia Gorge;
            (3) the tribes along the Columbia River were part of the 
        Chinook family;
            (4) the people of the tribes--
                    (A) used canoes made from cedar logs;
                    (B) were expert fisherman;
                    (C) told fire legends about the mid-Columbia 
                volcanic peaks that featured warrior heroes, fair 
                ladies, and numerous gods; and
                    (D) knew Mount Hood as Wy'East, the warrior whose 
                passionate love caused the region to be transformed as 
                he hurled powerful volcanic fire in his quest for the 
                love of the gentle maiden Loo-wit, known today as Mount 
                St. Helens;
            (5) traveling down the Columbia River in 1805, the Lewis 
        and Clark Corps of Discovery expedition were awed by the 
        unspoiled scenic splendors of the Cascade Mountains and the 
        Columbia River Gorge cutting through the mountain rampart;
            (6) on October 18, 1805, Clark recorded in his Journal: ``I 
        ascended a high cliff, about 200 feet above the water, from the 
        top of which is a level plain, extending up the river and off 
        for a great extent. From this place I discovered a mountain of 
        immense height, covered with snow.'';
            (7) following Lewis and Clark, settlers came to the Oregon 
        territory on the Oregon Trail, transforming more accessible 
        portions of the wild landscape into farms, orchards, and small 
        communities utilizing the old-growth forests;
            (8) in 1845, Oregon Trail pioneers Samuel K. Barlow, Joel 
        Palmer, and their parties opened the Barlow Trail across Barlow 
        Pass high on the south slopes of Mount Hood, with Palmer 
        writing on October 11, 2845: ``I had never seen a sight so 
        nobly grand'';
            (9) even as the settlers transformed the wilderness, this 
        frontier land helped shape in the settlers the characteristics 
        of self-reliance, fortitude, hard work, independence, and love 
        of the land which the people of Oregon and the entire United 
        States cherish to this day and wish to inculcate in their 
        children;
            (10) the unprotected wilderness that remains in the Mount 
        Hood and Columbia River Gorge region provides easily accessible 
        outdoor recreation for the descendants of the early settlers 
        and more recent arrivals;
            (11) preserving wilderness assures the integrity of the 
        background and scenic views that enrich more developed forms of 
        recreational use, including downhill skiing and roadside 
        enjoyment of sweeping wilderness scenery;
            (12) designation as wilderness provides the strongest 
        congressional protection of scientific, cultural, educational, 
        environmental, scenic, and recreational values that contribute 
        long-term quality of life and economic benefits to the people 
        of Oregon, visitors to Oregon, and local communities in and 
        around the Mount Hood National Forest, including the 
        wilderness-dependent wildlife, high water quality, and resident 
        and anadromous fish which thrive in undisturbed ecosystems;
            (13) the Mount Hood National Forest has become 1 of 14 
        urban forests, which is a National Forest that--
                    (A) is located within 50 miles of 1,000,000 or more 
                people; and
                    (B) has a pressing need to--
                            (i) accommodate a large and growing demand 
                        for visitation; and
                            (ii) address issues relating to--
                                    (I) traffic congestion;
                                    (II) a heightened urban/wildland 
                                interface with many surrounding 
                                municipalities;
                                    (III) the presence of urban social 
                                problems in the forest;
                                    (IV) a pattern of high usage; and
                                    (V) heavy day-use with a heavy 
                                demand for recreation;
            (14) the Mount Hood National Forest is the 8th most visited 
        National Forest in the United States;
            (15) wilderness management is interrelated with and will 
        interface with the established activities and management of 
        adjacent land, particularly when the land is high density 
        recreation land;
            (16) urban forests, such as the Mount Hood National Forest, 
        are also on the cutting edge of recreation trends and therefore 
        are often the proving grounds for emerging technological 
        developments in outdoor recreation, including mountain biking;
            (17) Mount Hood National Forest is predominantly used by 
        the public for non-mechanized activities, such as hiking, 
        camping, and fishing, which, according to the Mount Hood 
        National Forest Management Plan, are projected to increase 
        dramatically over time;
            (18) the Land and Resource Management Plan for Mount Hood 
        National Forest provides that ``the present capability to 
        supply recreational opportunities such as hiking on trails in 
        primitive and semi-primitive non-motorized areas is predicted 
        to fall short of satisfying demand'';
            (19) according to the plan described in paragraph (18), the 
        Mount Hood National Forest--
                    (A) provides resources for nearly 2 times the 
                current demand for developed recreation such as skiing, 
                power boating, and sightseeing by car; but
                    (B) meets less than \2/3\ of the demand for 
                backcountry recreation;
            (20) the Management Plan for Mount Hood National Forest 
        projects that by 2040, the Mount Hood National Forest will only 
        meet 16 percent of the demand for wilderness recreation, while 
        meeting over 100 percent of the demand for mechanized 
        recreation;
            (21) the management of the Mount Hood National Forest 
        should address practical, site specific situations in a manner 
        that supports wilderness and the general environmental, 
        economic, and community related welfare of the mountain;
            (22) because the Mount Hood National Forest provides 
        drinking water for over 16 communities and over 40 percent of 
        Oregon residents, management of the Mount Hood National Forest 
        needs to take into consideration plans developed by local 
        watershed councils in managing the forest; and
            (23) management activities on the Mount Hood National 
        Forest should focus on the restoration of previously logged, 
        even-aged plantations, and stands requiring management to 
        return the plantations and stands to a natural healthy 
        condition not currently exhibited due to insects, disease, and 
        fire, because--
                    (A) the Mount Hood National Forest has a backlog of 
                thousands of acres of National Forest System land that 
                can be restored through an aggressive thinning program; 
                and
                    (B) the thinning of Mount Hood National Forest 
                could create and maintain--
                            (i) jobs for Hood River County, Clackamas 
                        County, and Wasco County, Oregon; and
                            (ii) general revenue for the economy of the 
                        State of Oregon.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (2) Mountain bike.--The term ``mountain bike'' does not 
        include a motorized vehicle.
            (3) Plantation.--The term ``plantation'' means a stand of 
        trees initiated--
                    (A) through direct seeding; or
                    (B) by planting seedlings following any harvest 
                method, including salvage logging, that removed more 
                than 90 percent of the over story of the original stand 
                on contiguous areas larger than 5 acres.
            (4) Secretary.--The term ``Secretary'' means--
                    (A) when used in reference to Forest Service land, 
                the Secretary of Agriculture; or
                    (B) when used in reference to Bureau of Land 
                Management land, the Secretary of the Interior.
            (5) State.--The term ``State'' means the State of Oregon.
            (6) Urban forest.--The term ``urban forest'' means a United 
        States Forest Service National Forest that--
                    (A) is located within 50 miles of populations 
                greater than 1,000,000 people; and
                    (B) demonstrates unique management challenges and 
                opportunities.

                TITLE I--DESIGNATION OF WILDERNESS AREAS

SEC. 101. LEWIS AND CLARK MOUNT HOOD WILDERNESS AREAS.

    In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the 
following areas in the State are designated as wilderness areas and as 
components of the National Wilderness Preservation System:
            (1) Mount hood wilderness additions.--The Mount Hood 
        Wilderness Additions are incorporated in, and deemed to be a 
        part of, the Mount Hood Wilderness as designated under section 
        3(a) of the Wilderness Act (16 U.S.C. 1132(a)), and enlarged by 
        section 3(d) of the Endangered American Wilderness Act of 1978 
        (16 U.S.C. 1132 note; 92 Stat. 43).
            (2) Mark o. hatfield wilderness additions.--The Mark O. 
        Hatfield Wilderness Additions are incorporated in, and deemed 
        to be a part of, the Mark O. Hatfield Wilderness as designated 
        by section 3(1) of the Oregon Wilderness Act of 1984 (16 U.S.C. 
        1132 note; 98 Stat. 273) and renamed by section 328 of the 
        Department of the Interior and Related Agencies Appropriations 
        Act, 1997 (16 U.S.C. 1132 note; 110 Stat. 3009-227).
            (3) Badger creek wilderness additions.--The Badger Creek 
        Wilderness Additions are incorporated in, and deemed to be a 
        part of, the Badger Creek Wilderness as designated by section 
        3(3) of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132; 98 
        Stat. 273).
            (4) Salmon-huckleberry wilderness additions.--The Salmon-
        Huckleberry Wilderness Additions are incorporated in, and 
        deemed 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; 98 Stat. 273).

SEC. 102. GENERAL PROVISIONS.

    (a) Names of Wilderness Areas.--A wilderness area designated under 
this title shall--
            (1) consist of the quantity of land applicable to the 
        wilderness area under this title, as generally depicted on the 
        applicable map; and
            (2) be known by the name specified for the wilderness area 
        under this title.
    (b) Map and Description.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall file a map entitled 
        ``Lewis and Clark Wilderness Additions of 2004'' and dated July 
        2004, and a legal description of each wilderness area 
        designated by this title with--
                    (A) the Committee on Resources of the House of 
                Representatives; and
                    (B) the Committee on Energy and Natural Resources 
                of the Senate.
            (2) Force of law.--The map and legal descriptions filed 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct 
        errors in the map and legal description.
            (3) Public availability.--Each map and legal description 
        filed under paragraph (1) shall be on file and available for 
        public inspection in--
                    (A) the office of the Chief of the Forest Service;
                    (B) the office of the Director of the Bureau of 
                Land Management; and
                    (C) the applicable local Forest Service and Bureau 
                of Land Management offices.

SEC. 103. ADMINISTRATION.

    (a) In General.--Subject to valid rights in existence on the date 
of enactment of this Act, each wilderness area designated under this 
title shall be administered by the Secretary in accordance with the 
Wilderness Act (16 U.S.C. 1131 et seq.).
    (b) Consistent Interpretation to the Public.--Notwithstanding their 
separate jurisdictions, the Secretary of Agriculture and the Secretary 
of the Interior shall collaborate to ensure that the wilderness areas 
designated by this title, if appropriate, are interpreted for the 
public as an overall complex tied together by--
            (1) common location in the Mount Hood-Columbia River Gorge 
        region;
            (2) the abundant history of Native American use;
            (3) the epic journey of Lewis and Clark;
            (4) the pioneer settlement and growth of the State; and
            (5) water sources for over 40 percent of the residents of 
        Oregon.

SEC. 104. BUFFER ZONES.

    (a) In General.--As provided in the Oregon Wilderness Act of 1984 
(16 U.S.C. 1132 note; Public Law 98-328), Congress does not intend for 
designation of wilderness areas in the State under this title to lead 
to the creation of protective perimeters or buffer zones around each 
wilderness area.
    (b) Activities or Uses Up to Boundaries.--The fact that 
nonwilderness activities or uses can be seen or heard from within a 
wilderness area shall not, of itself, preclude the activities or uses 
up to the boundary of the wilderness area.

SEC. 105. FIRE SAFE COMMUNITY ZONES.

    Consistent with the Mount Hood National Forest Management Plan, the 
Columbia Gorge National Scenic Area, and the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6501 et seq.), the Secretary shall 
construct a strategic system of defensible fuel profile zones 
(including shaded fuelbreaks, thinning, individual tree selection, and 
other methods of vegetation management) between the wilderness boundary 
and the community boundary around Cascade Locks and Government Camp.

SEC. 106. GATEWAY COMMUNITIES.

    The Secretary may provide grants to communities that are gateways 
to Mount Hood Wilderness areas, the villages surrounding Mount Hood, 
and the appropriate county governments in the State, to be administered 
through the Forest Service State and Private Forestry program.

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

    (a) Fish and Wildlife.--As provided in section 4(d)(7) of the 
Wilderness Act (16 U.S.C. 1133(d)(7)), and in accordance with 
appropriate policies such as those set forth in Appendix B of House 
Report 101-405, nothing in this Act affects the jurisdiction or 
responsibilities of the State with respect to fish and wildlife on the 
public land in the State.
    (b) Hunting and Fishing.--Nothing in this Act affects hunting and 
fishing, under applicable Federal and State laws and regulations, 
within the boundaries of any wilderness area.

SEC. 108. FIRE, INSECTS, AND DISEASES.

    As provided in section 4(d)(1) of the Wilderness Act (16 U.S.C. 
1133(d)(1)), within the wilderness areas designated by this Act, such 
measures may be taken as may be necessary to control fire, insects, and 
diseases, subject to such conditions as the Secretary of Agriculture 
(in collaboration with the Secretary of the Interior where appropriate) 
determines to be desirable.

SEC. 109. VALID EXISTING RIGHTS AND WITHDRAWAL.

    (a) Valid Existing Rights.--Nothing in this Act affects any valid 
existing right.
    (b) Withdrawal.--Subject to valid rights existing on the date of 
enactment of this Act, the Federal land referred to in section 101 is 
withdrawn from all forms of--
            (1) appropriation;
            (2) disposal under public law;
            (3) location, entry, and patent under mining law; and
            (4) disposition under all laws pertaining to mineral and 
        geothermal leasing or mineral materials.

 TITLE II--DESIGNATION OF STREAMS FOR WILD AND SCENIC RIVER PROTECTION 
                         IN THE MOUNT HOOD AREA

SEC. 201. DESIGNATION OF PORTIONS OF HOOD RIVER.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
is amended by adding at the end the following:
            ``(167) Hood river, oregon.--The following segments in the 
        Mount Hood National Forest in the State of Oregon, to be 
        administered by the Secretary of Agriculture:
                    ``(A) The 1.5 mile segment of the East Fork Hood 
                River from Umbrella Falls to highway 35, as a scenic 
                river.
                    ``(B) The 13.4 mile segment of the East Fork Hood 
                River from highway 35 to the Mount Hood National Forest 
                boundary, as a recreational river.
                    ``(C) The 4.7 mile segment of the Middle Fork Hood 
                River from the confluence of the Clear and Coe branches 
                to the Mount Hood National Forest boundary, as a scenic 
                river.''.

SEC. 202. DESIGNATION OF PORTIONS OF ZIGZAG RIVER.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
(as amended by section 201) is amended by adding at the end the 
following:
            ``(168) Zigzag river, oregon.--The 9.0 mile segment in the 
        Mount Hood National Forest in the State of Oregon from the 
        Mount Hood Wilderness boundary as in existence on January 1, 
        2004, downstream to the confluence with the Sandy River, to be 
        administered by the Secretary of Agriculture as a recreational 
        river.''.

SEC. 203. DESIGNATION OF PORTIONS OF EAGLE CREEK.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
(as amended by section 202) is amended by adding at the end the 
following:
            ``(169) Eagle creek, oregon.--The following segments in the 
        Mount Hood National Forest in the State of Oregon, to be 
        administered by the Secretary of Agriculture:
                    ``(A) The 7.2 mile segment from its headwaters 
                downstream to the west section line of T. 3 S., R. 6 
                E., section 20, Willamette Meridian, as a wild river.
                    ``(B) The 1.1 mile segment from the west section 
                line of T. 3 S., R. 6 E., section 20, Willamette 
                Meridian downstream to the Mount Hood National Forest 
                boundary, as a recreational river.''.

SEC. 204. DESIGNATION OF PORTIONS OF FIFTEENMILE CREEK.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
(as amended by section 203) is amended by adding at the end the 
following:
            ``(170) Fifteenmile creek, oregon.--The 11.0 mile segment 
        in the Mount Hood National Forest in the State of Oregon from 
        its source on Lookout Mountain to the section line between 
        sections 19 and 20 of T. 2 S., R. 12 E., Willamette Meridian 
        including the corridor of land up to \1/2\ mile from the center 
        of the creek bed on either side of the creek, to be 
        administered by the Secretary of Agriculture as a wild river, 
        except the 0.1 mile segment centered on Forest Service Road 
        2730 which shall be classified as a scenic river.''.

SEC. 205. CONFORMING AMENDMENTS.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
is amended--
            (1) by redesignating paragraph (162) as paragraph (163);
            (2) by redesignating the second paragraph designated (161) 
        (relating to Wekiva River, Wekiwa Springs Run, Rock Springs 
        Run, and Black Water Creek, Florida), as paragraph (162);
            (3) by designating the undesignated paragraph relating to 
        Wildhorse and Kiger Creeks, Oregon as paragraph (164);
            (4) by redesignating the third paragraph designated (161) 
        (relating to Lower Delaware River and associated tributaries, 
        New Jersey and Pennsylvania) as paragraph (165); and
            (5) by designating the undesignated paragraph relating to 
        Rivers of Caribbean National Forest, Puerto Rico, as paragraph 
        (166).

            TITLE III--NATIONAL COMMISSION ON URBAN FORESTS

SEC. 301. NATIONAL COMMISSION ON URBAN FORESTS.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Secretary shall establish in the Forest 
Service a commission to be known as the ``National Commission on Urban 
National Forests'' (referred to in this title as the ``Commission'').
    (b) Membership.--The Commission shall be composed of 30 members, of 
whom--
            (1) 14 shall be the forest supervisors of the 14 urban 
        national forests identified by the Forest Service; and
            (2) 8 shall be appointed by the mayors of the largest 
        cities adjacent to the urban forests, 1 appointment for each of 
        the States that house the urban forests; and
            (3) 8 shall consist of 1 representative from the land grant 
        university or school of forestry from each of the States of--
                    (A) Colorado;
                    (B) Utah;
                    (C) New Hampshire;
                    (D) Arizona;
                    (E) California;
                    (F) Georgia;
                    (G) Washington; and
                    (H) Oregon.
    (c) Date of Appointments.--The appointment of a member of the 
Commission shall be made not later than 120 days after the date of 
enactment of this Act.
    (d) Term; Vacancies.--
            (1) Term.--A member shall be appointed for the life of the 
        Commission.
            (2) Vacancies.--A vacancy on the Commission--
                    (A) shall not affect the powers of the Commission; 
                and
                    (B) shall be filled in the same manner as the 
                original appointment was made.
    (e) Initial Meeting.--Not later than 30 days after the date on 
which all members of the Commission have been appointed, the Commission 
shall hold the initial meeting of the Commission.
    (f) Meetings.--The Commission shall meet at the call of the 
Chairperson.
    (g) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (h) Chairperson and Vice Chairperson.--The Commission shall select 
a Chairperson and Vice Chairperson from among the members of the 
Commission.

SEC. 302. DUTIES.

    (a) In General.--The duties of the Commission shall be--
            (1) to examine the unique role that urban national forests 
        play in enriching the lives of the urban populations served by 
        the forests;
            (2) to examine and create opportunities in urban national 
        forests that respond to urban values and needs of the 
        populations served by the forests;
            (3) to promote understanding of the value of urban national 
        forests in achieving public support for Forest Service and 
        natural resource management;
            (4) to develop State and private forest research programs 
        to further enhance the ability to achieve management goals of 
        urban national forests;
            (5) to build and use external constituencies--
                    (A) to create avenues to work with other interested 
                stakeholders to make a significant difference in the 
                future roles of urban national forests; and
                    (B) to facilitate management of the urban national 
                forests to meet public and ecological needs; and
            (6) to reconcile through management recommendations the 
        human pressures on urban national forests with the important 
        ecological functions served by the forests.
    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Commission shall submit to the Secretary and Congress a 
report that contains--
            (1) a detailed statement of the findings and conclusions of 
        the Commission; and
            (2) the recommendations of the Commission for such 
        legislation and administrative actions as the Commission 
        considers appropriate.

SEC. 303. POWERS.

    (a) Hearings.--The Commission may hold such hearings, meet and act 
at such times and places, take such testimony, and receive such 
evidence as the Commission considers advisable to carry out this Act.
    (b) Information From Federal Agencies.--
            (1) In general.--The Commission may secure directly from a 
        Federal agency such information as the Commission considers 
        necessary to carry out this Act.
            (2) Provision of information.--On request of the 
        Chairperson of the Commission, the head of the agency shall 
        provide the information to the Commission.
    (c) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
agencies of the Federal Government.
    (d) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.

SEC. 304. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--
            (1) Non-federal employees.--A member of the Commission who 
        is not an officer or employee of the Federal Government shall 
        be compensated at a rate equal to the daily equivalent of the 
        annual rate of basic pay prescribed for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code, for each day (including travel time) during which the 
        member is engaged in the performance of the duties of the 
        Commission.
            (2) Federal employees.--A member of the Commission who is 
        an officer or employee of the Federal Government shall serve 
        without compensation in addition to the compensation received 
        for the services of the member as an officer or employee of the 
        Federal Government.
    (b) Travel Expenses.--A member of the Commission shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for an employee of an agency under subchapter I of chapter 
57 of title 5, United States Code, while away from the home or regular 
place of business of the member in the performance of the duties of the 
Commission.
    (c) Staff.--
            (1) In general.--The Chairperson of the Commission may, 
        without regard to the civil service laws (including 
        regulations), appoint and terminate an executive director and 
        such other additional personnel as are necessary to enable the 
        Commission to perform the duties of the Commission.
            (2) Confirmation of executive director.--The employment of 
        an executive director shall be subject to confirmation by the 
        Commission.
            (3) Compensation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Chairperson of the Commission may fix the 
                compensation of the executive director and other 
                personnel without regard to the provisions of chapter 
                51 and subchapter III of chapter 53 of title 5, United 
                States Code, relating to classification of positions 
                and General Schedule pay rates.
                    (B) Maximum rate of pay.--The rate of pay for the 
                executive director and other personnel shall not exceed 
                the rate payable for level V of the Executive Schedule 
                under section 5316 of title 5, United States Code.
    (d) Detail of Federal Government Employees.--
            (1) In general.--An employee of the Federal Government may 
        be detailed to the Commission without reimbursement.
            (2) Civil service status.--The detail of the employee shall 
        be without interruption or loss of civil service status or 
        privilege.
    (e) Procurement of Temporary and Intermittent Services.--The 
Chairperson of the Commission may procure temporary and intermittent 
services in accordance with section 3109(b) of title 5, United States 
Code, at rates for individuals that do not exceed the daily equivalent 
of the annual rate of basic pay prescribed for level V of the Executive 
Schedule under section 5316 of that title.

SEC. 305. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this title 
$1,000,000 for each fiscal year in which the Commission is in 
existence, to remain available until expended.

SEC. 306. TERMINATION OF COMMISSION.

    The Commission shall terminate 90 days after the date on which the 
Commission submits the report of the Commission under section 302(b).

 TITLE IV--MOUNT HOOD NATIONAL FOREST SOUTHSIDE WINTER RECREATION AREA

SEC. 401. IDENTIFICATION.

    (a) In General.--The Secretary shall identify the historic and high 
quality winter recreation area between Timberline and Government Camp 
and around Trillium Lake, Summit Meadows, and Multipor Mountain to be 
used for--
            (1) noncommercial muscle-powered winter recreation 
        opportunities; and
            (2) commercial, developed winter recreation that provides 
        quality recreation within the capabilities of the ecosystem, as 
        determined by the Secretary.
    (b) Inclusions.--The area identified under subsection (a) shall 
include--
            (1) the prominent fall line on the southern face of 
        Multipor Mountain;
            (2) the Glade and Alpine ski trails between Timberline and 
        Government Camp;
            (3) the Cross Town Trail; and
            (4) the entire network of cross country trails behind 
        Government Camp that are being developed by the Forest Service 
        and Clackamas County, Oregon.

SEC. 402. DESIGNATION.

    The area identified by the Secretary under subsection (a) shall be 
designated as the ``Mount Hood National Forest Southside Winter 
Recreation Area''.

                 TITLE V--MOUNTAIN BIKING PILOT PROJECT

SEC. 501. ESTABLISHMENT.

    The Secretary shall designate the Mount Hood Pedaler's 
Demonstration Experiment Area (referred to in this title as the ``Hood-
PDX area'') as indicated by the map dated July 2004, and entitled 
``Hood-PDX area'' around Hell Roaring Creek, Shellrock Mountain, and 
Fifteenmile Creek.

SEC. 502. MANAGEMENT GOALS.

    (a) In General.--Except as provided in subsection (b), the Hood-PDX 
area shall be managed in accordance with title I.
    (b) Exceptions.--
            (1) Mountain bikes.--Mountain bikes shall be allowed to 
        operate within the Hood-PDX area on designated trails.
            (2) Chainsaws.--In accordance with wilderness management 
        policy in effect on the date of enactment of this Act, the 
        Secretary may use chainsaws to maintain existing trails in the 
        Hood-PDX area.
    (c) Monitoring.--The Secretary shall monitor the effect of mountain 
biking on the Hood-PDX area ecology and the surrounding communities and 
economies for at least 3, but not more than 10, years after the date of 
enactment of this Act.

SEC. 503. REPORT TO CONGRESS.

    (a) In General.--Not later than the later of the date that is 3 
years after the date of enactment of this Act or the date of the 
completion of the third full cycling season after the date of enactment 
of this Act, the Secretary shall submit to Congress a report that 
includes--
            (1) the impacts of mountain bikes on the ecology of the 
        Hood-PDX area;
            (2) the economic impacts of the area;
            (3) usage of the area; and
            (4) the interaction of bikes and other users in the area.
    (b) Congressional Action.--Not later than 10 years after the date 
on which the report is submitted to Congress under subsection (a) 
Congress shall act on the recommendations of the Report.

SEC. 504. FUNDING.

    Funding to carry out this title shall be derived from fees paid for 
other developed recreation in the Mount Hood National Forest.

SEC. 505. TERMINATION OF AUTHORITY.

    If Congress does not act on the recommendations of the report in 
accordance with section 503(b), on the date that is 10 years after the 
date of enactment of this Act--
            (1) the authority of the Secretary to carry out this title 
        terminates; and
            (2) the mountain biking area designated under section 501 
        shall be designated as wilderness.

           TITLE VI--TRANSPORTATION AND COMMUNICATION SYSTEMS

SEC. 601. BURIAL OF POWER LINES.

    Because of the incongruent presence of power lines adjacent to or 
within wilderness areas, the Secretary may provide to Cascade Locks and 
Hood River County $3,200,000 through the Forest Service State and 
Private Forestry program to bury ground power lines adjacent to or 
within Mount Hood Wilderness areas, including wilderness areas 
designated by this Act.

SEC. 602. CULVERT REPLACEMENT.

    (a) In General.--The Secretary may provide $1,000,000 to Clackamas 
County to replace 4 culverts on the wild and scenic river segments in 
Clackamas County, Oregon, designated under title II.
    (b) Limitation.--Culvert replacement carried out by the Forest 
Service and Clackamas County to improve fish passage and the ecology of 
the wilderness designated by this Act shall not be considered water and 
resource development.

SEC. 603. CLARIFICATION OF THE TREATMENT OF STATE HIGHWAY 35 UNDER THIS 
              ACT.

    (a) Exclusion.--The portion of Oregon State Highway 35 that is 
adjacent to wilderness areas in the Mount Hood National Forest, 
including wilderness areas designated by this Act, shall be excluded 
from wilderness under this Act.
    (b) No Net Effect.--The designation of wilderness or wild and 
scenic rivers under this Act shall not limit the operation, 
maintenance, and repair of Oregon State Highway 35 or other highways in 
existence on the date of enactment of this Act.
    (c) Flood Plain.--Congress encourages the carrying out of projects 
that will reduce the impact of Oregon State Highway 35 on the flood 
plain of the East Fork Hood River.

SEC. 604. MULTIPOR OVERPASS.

    The Secretary may provide funds from Forest Service roads to 
improve access to wilderness over highway 26.

                        TITLE VII--LAND EXCHANGE

SEC. 701. CLACKAMAS COUNTY LAND EXCHANGE.

    The Secretary shall--
            (1) find suitable non-wilderness adjacent land, as 
        determined by the Secretary; and
            (2) exchange that land for 300 acres of land that is--
                    (A) owned by Clackamas County, Oregon, as of the 
                date of enactment of this Act;
                    (B) adjacent to the wilderness designated by this 
                Act; and
                    (C) depicted on the map dated July 2004, and 
                entitled ``Clackamas County Land Exchange''.

            TITLE VIII--MOUNT HOOD NATIONAL FOREST THINNING

SEC. 801. ESTABLISHMENT.

    (a) In General.--The Secretary shall establish a forest health 
thinning program in plantation second growth stands in the Mount Hood 
National Forest to--
            (1) produce timber for primary and secondary wood products; 
        and
            (2) restore biological diversity and structural complexity 
        to young managed stands.
    (b) Prohibition.--
            (1) Definition of old growth.--In this subsection, the term 
        ``old growth'' means groves and trees that are--
                    (A) at least 120 years old; or
                    (B) previously unmanaged.
            (2) Prohibition.--In carrying out this title, the Secretary 
        shall not harvest old growth.
    (c) Local Contracting Preference.--
            (1) In general.--In carrying out this title, the Secretary 
        shall consider the benefits to the local economy when 
        evaluating bids and designing procurements that create economic 
        opportunities for local contractors.
            (2) Order of preference.--The Secretary may award contracts 
        in the following order of preference:
                    (A) Hood River County, Clackamas County, Wasco 
                County, or contractors or Indian tribes in the State.
                    (B) State contractors or Indian tribes that will 
                create new jobs in rural communities.
                    (C) Other State contractors or Indian tribes.
                    (D) Other State contractors or Indian tribes that 
                show an ability to create new jobs with the contracts.
    (d) Report to Congress.--Not later than 2 years after the date of 
enactment of this Act, and every 2 years thereafter, the Secretary 
shall submit to Congress a report that describes--
            (1) acres treated;
            (2) ecological effects of the treatments;
            (3) economic effects of the program on the local and state 
        economies; and
            (4) effects of the program on local, State, and regional 
        employment.

SEC. 802. PRECOMMERCIAL THINNING.

    (a) In General.--Each year, the Secretary shall complete 5000 acres 
of precommercial thinning in the Mount Hood National Forest.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,500,000 for each fiscal year 
for contract costs, planning, sale preparation, contract 
administration, and overhead.

SEC. 803. WESTSIDE MATRIX FOREST PLANTATIONS THINNING FOR FOREST 
              HEALTH.

    (a) In General.--Each year, the Secretary shall thin approximately 
1200 acres in Westside forest plantations in the Northwest Forest Plan 
``Matrix'' Allocation in the Mount Hood National Forest.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,800,000 for each fiscal year 
for contract costs, planning, sale preparation, contract 
administration, and overhead.

SEC. 804. EASTSIDE THINNING FOR FOREST HEALTH.

    (a) In General.--Each year, the Secretary shall thin Eastside 
forests in the Mount Hood National Forest using scientific principles.
    (b) Type of Treatment.--Treatments under this section shall be 
conducted to move the stands within the natural range of variability 
by--
            (1) retaining all large and old trees;
            (2) emphasizing removal of mostly smaller trees; and
            (3) ensuring recruitment of future forest cover by 
        retaining representative trees in all size classes and all 
        native tree species.
    (c) Requirements.--Consistent with subsection (b), the Eastside 
thinning shall be designed--
            (1) to reduce overall stand density;
            (2) to remove encroaching shade tolerant species; and
            (3) to reduce fuels.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,200,000 for each fiscal year 
for contract costs, planning, sale preparation, contract 
administration, and overhead.

SEC. 805. FUNDING.

    In carrying out this title, the Secretary may supplement 
appropriated funds with funds from other sources, including--
            (1) Knutson-Vandenberg funds;
            (2) payments to counties;
            (3) insect and disease suppression funds from the Forest 
        Service;
            (4) State and private forest health funds;
            (5) hazardous fuels reduction funds; and
            (6) restoration funds.

SEC. 806. TERMINATION OF AUTHORITY.

    The authority provided by this title shall terminate on the date 
that is 10 years after the date of enactment of this Act.

                        TITLE IX--MISCELLANEOUS

SEC. 901. WATERSHED MANAGEMENT AND RESTORATION.

    (a) In General.--In developing management plans for the wilderness 
areas designated by section 101, the Secretary shall consider any 
relevant action plans, as developed by relevant watershed councils.
    (b) Effect.--Nothing in this section affects any existing rights or 
privileges of, or any contract affecting Federal land held by, any 
private party without the consent of the private party.

SEC. 902. BRIDGES OVER WILD AND SCENIC RIVERS.

    The maintenance of bridges over wild and scenic rivers designated 
by this Act and within the Mount Hood National Forest shall not be 
considered water and resource development.

SEC. 903. MIDDLEFORK IRRIGATION DISTRICT.

    Nothing in this Act affects the ability of the Middlefork 
Irrigation District to operate in a similar manner as the District 
operated on the day before the date of enactment of this Act.

SEC. 904. PROTECTION OF TRIBAL RIGHTS.

    Nothing in this Act--
            (1) diminishes the existing rights of any Indian tribe; or
            (2) diminishes tribal rights regarding access to Federal 
        land for tribal activities, including spiritual, cultural, and 
        traditional food gathering activities.

SEC. 905. REVENUE RETENTION.

    (a) In General.--Except as provided in subsection (b), in order for 
the Secretary to provide the appropriate level of management in the 
Mount Hood National Forest, the Secretary is authorized to retain fees 
from the leases of the recreation residences and special use permits in 
the Mount Hood National Forest.
    (b) Exclusion.--For the purposes of this Act, the Secretary may not 
retain fees collected under the Act of April 24, 1950 (commonly known 
as the Granger-Thye Act) (64 Stat. 82, chapter 97).

                TITLE X--AUTHORIZATION OF APPROPRIATIONS

SEC. 1001. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
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