[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5025 Referred in Senate (RFS)]


109th CONGRESS
  2d Session
                                H. R. 5025


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2006

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT


 
   To protect for future generations the recreational opportunities, 
forests, timber, clean water, wilderness and scenic values, and diverse 
 habitat of Mount Hood National Forest, Oregon, 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 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 
                            Management 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 FOREST FUNDING.

    Nothing in this Act is intended to authorize a reduction 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 approximately 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 National Forest occurred in 1984, and the designation of an 
additional 77,216 acres by this title represents a 41 percent 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 components of the National Wilderness Preservation System:
            (1) Big bottom wilderness.--National Forest 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 addition.--National Forest 
        System land comprising approximately 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 Oregon 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 Wilderness''.
            (4) Gorge ridgeline wilderness.--National Forest System 
        land comprising approximately 22,577 acres, as generally 
        depicted on the map entitled ``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 approximately 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 incorporated in and shall 
        be considered to be a part of the Mount Hood Wilderness, as 
        designated by section 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 entitled ``Roaring River Wilderness'' and dated June 
        2006, which shall be known as the ``Roaring River Wilderness''.
            (7) Salmon-huckleberry wilderness additions.--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 prepare and submit to Congress a 
        legal description of each wilderness area designated or 
        expanded by subsection (a). It is the intent of Congress that 
        the final boundary description of the wilderness area be 
        written 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 
        outside 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 Secretary may correct technical errors in the 
        maps and legal descriptions. The Secretary shall notify 
        Congress of any change made in a map or legal description 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 prepared under 
        paragraph (1) shall be filed and made available for public 
        inspection in the appropriate offices of the Forest Service.
    (c) Character of Designated Land.--
            (1) Exclusion of private land.--It is the intent of 
        Congress that the wilderness areas designated or expanded by 
        this section do not incorporate 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 access to the private 
        land.
            (2) Exclusion of ferc project lands.--Lands inside the 
        Federal Energy Regulatory Commission boundaries established as 
        of the date of the enactment of this Act for a licensed 
        hydroelectic project are excluded from wilderness areas 
        designated 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 wilderness by any provision of 
        law enacted after the date of the enactment of this Act.
            (4) Columbia gorge airshed.--The designation 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 action.

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 Wilderness Act (16 U.S.C. 1131 et seq.), except that any 
reference 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 Interests.--Any non-Federal 
land that is located within the boundaries of the National Forest 
System land designated 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 mineral and 
        geothermal leasing or mineral materials.
    (d) Fire, Insect, and Disease Management Activities.--In accordance 
with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and 
House Report No. 98-40 of the 98th Congress, the Secretary of 
Agriculture 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 wilderness by section 102 if the Secretary of Agriculture 
determines that hydrologic, meteorologic, or climatological 
instrumentation is appropriate to further the scientific, educational, 
and conservation purposes of the wilderness areas.
    (f) Military Activities.--Nothing in this Act precludes low-level 
overflights of military aircraft, the designation 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 maintenance of 
existing facilities related to grazing on the National Forest System 
land designated as wilderness by section 102, where established before 
the date of the enactment of this Act, shall be permitted to continue 
in accordance 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 purposes 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 
        habitats 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 conducting 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 restore 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 wilderness 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 traditional 
        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 section 102 to protect the privacy of the members 
        of the Indian tribe in the conduct of the traditional cultural 
        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 minimum period of time 
        necessary for the activity to be carried out.
            (3) Applicable law.--Access to the wilderness 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 expanded 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 approximately 25 miles of 
waterways in the Mount Hood National Forest as additions to the 
National Wild and Scenic Rivers 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 Forest included in 
the National Wild and Scenic Rivers System.

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 following new paragraph:
    ``(__) Mount Hood National Forest, Oregon.--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 headwaters to 
                the west section line of section 20, township 3 south, 
                range 6 east, shall be administered as a wild river; 
                and
                    ``(ii) the remaining 1.8-mile segment from such 
                section line shall be administered as a recreational 
                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 DISTRICT.

    (a) No Impact on Water Rights or Flow Requirements.--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 scenic 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 Forest.

SEC. 302. RETENTION OF MOUNT HOOD NATIONAL FOREST LAND USE FEES FROM 
              SPECIAL USE AUTHORIZATIONS.

    (a) Special Account.--The Secretary of the Treasury 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 Granger-Thye Act; 16 U.S.C. 580d), the 
National Forest Organizational 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 Commercial 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 subsection (a) shall remain 
available, without further appropriation and until expended, for 
expenditure as provided in section 303. Upon request of the Secretary 
of Agriculture, 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 special 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 
transferred to the general fund of the Treasury.

SEC. 303. USE OF FUNDS IN SPECIAL ACCOUNT TO SUPPORT RECREATION.

    (a) Authorized Uses.--The Secretary of Agriculture 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 facility 
        enhancement related directly to visitor enjoyment, 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 improvements.
            (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 recreation.
            (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 investigations, and enforcement.
            (6) Improving administration of special use authorizations.
            (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 recommended 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 National Forest.
            (2) 5 percent of the funds to the Regional Office for the 
        Pacific Northwest Region of the Forest Service to develop 
        needed policy and training to support programs in wilderness 
        areas, special uses, trails, developed and dispersed 
        recreation, and interpretation related to Mount Hood National 
        Forest.

SEC. 304. ANNUAL REPORTING REQUIREMENT.

    The Secretary of Agriculture shall submit to Congress 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 
Service on planning and implementing recreation enhancements in Mount 
Hood National Forest, including advice and recommendations regarding 
how the funds in the special account established under section 302 
should be requested 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, organizations, 
        Indian tribes, the Forest Service, and other interested parties 
        to participate openly and meaningfully, beginning at the early 
        stages of the development of projects under section 303(a).
    (c) Appointment.--
            (1) Appointment and term.--The Regional Forester, acting on 
        behalf of the Secretary of Agriculture, 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 Forester 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 adjacent to or containing 
        any portion of Mount Hood National Forest may submit a 
        nomination to the Regional Forester for each activity or 
        interest group category described in subsection (d).
            (6) Broad and balanced representation.--In appointing the 
        members of the Working Group, the Regional Forester shall 
        provide for a balanced and broad representation from the 
        recreation community.
    (d) Composition of Working Group.--The Working Group shall be 
composed of 15 members, selected so that the following activities and 
interest groups are represented:
            (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 permit.
            (12) Local government interests, such as a county 
        commissioner or city mayor in an elected position 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 Requirements.--
            (1) Staff assistance.--The Secretary of Agriculture shall 
        provide staff assistance to the Working Group from Federal 
        employees under the jurisdiction of the Secretary.
            (2) Meetings.--All meetings of the Working Group shall be 
        announced at least one week in advance in a local newspaper of 
        record and shall be open to the public.
            (3) Records.--The Working Group shall maintain 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 
assistance 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 Working 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 determination regarding whether the 
        Forest Service roads in Mount Hood National Forest that were 
        selected before the date of the enactment of this Act for 
        closure and decommissioning, but have not yet been 
        decommissioned, should be converted to recreational 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 
        Secretary 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 subsection for conversion to 
        recreational uses, and the types of recreational uses to be 
        authorized, shall be a public process, including consultation 
        by the Secretary 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 opportunities in the Mount 
Hood National Forest.

SEC. 307. IMPROVED TRAIL ACCESS FOR PERSONS WITH DISABILITIES.

    (a) Construction of Trail.--The Secretary of Agriculture may enter 
into a contract with a partner organization or other person to design 
and construct a trail at a location selected by the Secretary in Mount 
Hood National Forest suitable for use by persons with disabilities.
    (b) Public Process.--The selection of the trail location under 
subsection (a) and the preparation of the design of the trail shall be 
a public process, including consultation 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 development of an 
integrated, multi-modal transportation plan for the Mount Hood region 
designed to achieve comprehensive solutions to transportation 
challenges in the region necessary to promote appropriate economic 
development, preserve 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 Secretary 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 collaborative process, preferably through the use of a 
commission composed of interested persons appointed by the State, with 
representation from the Forest Service and local governments 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 communities.
            (3) Intermodal transportation centers to link public 
        transportation, parking, and recreation destinations.
            (4) A new interchange on Highway 26 in or near Government 
        Camp.
            (5) Designation, maintenance, and improvements 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 financing, and other financing 
        tools that link transportation infrastructure improvements with 
        development.
    (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 Agriculture $2,000,000, which the 
Secretary shall provide to the State of Oregon for the preparation of 
the transportation plan for the Mount Hood region.

SEC. 404. STUDY REGARDING GONDOLA CONNECTION AND INTERMODAL 
              TRANSPORTATION CENTER.

    (a) Study Authorized.--The Secretary of Agriculture shall conduct a 
study of the feasibility of establishing--
            (1) a gondola connection between Timberline Lodge and 
        Government Camp, Oregon, in the vicinity 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 consideration 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 Service to 
prepare an assessment to promote forested landscapes 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 intent of Congress that site-specific forest health projects 
undertaken pursuant to this assessment shall be completed 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 National 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 significantly 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 include 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 commence implementation of projects 
to address the needs identified in the assessment. These projects shall 
be implemented 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 collection of documents entitled 
``Final Supplemental Environmental Impact Statement and Record of 
Decision for Amendments to Forest Service and Bureau of Land Management 
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 involved 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 petroleum-based 
        products;
            (2) dimensional lumber, fencing, framing material, 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 UNDERSTANDING.

    (a) Completion of Memoranda of Understanding.--To the extent that 
memoranda of understanding or other legal agreements involving 
watersheds of Mount Hood National Forest do not exist between 
irrigation 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 memorandum of understanding with an 
        irrigation district, local government, or other entity 
        involving a watershed 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 Secretary 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 comment before being finalized.

 TITLE VI--CRYSTAL SPRINGS WATERSHED SPECIAL RESOURCES MANAGEMENT UNIT

SEC. 601. FINDINGS AND PURPOSE.

    The purpose of this title is to establish a special resources 
management unit to ensure protection of the quality 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 WATERSHED SPECIAL RESOURCES 
              MANAGEMENT UNIT.

    (a) Establishment.--Effective as provided by section 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 located within 200 yards from any point on the perimeter 
of the Crystal Springs Zone of Contribution, as determined 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 management unit established 
pursuant to subsection (a) shall be known as the Crystal Springs 
Watershed Special Resources Management Unit, in this title referred to 
as the ``Management Unit''.
    (c) Exclusion of Certain Land.--The Management 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 appropriation 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 submit to Congress a legal 
        description of the Management 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 Secretary 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 intended to affect the specific uses that may 
        occur on private land within the boundaries of the Management 
        Unit.
            (3) Public availability.--The map referred to in subsection 
        (a) and the legal descriptions prepared under paragraph (1) 
        shall be filed and made available for public inspection in the 
        appropriate offices 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 regulations affecting National Forest 
System lands shall continue to apply to the National Forest System 
lands included 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 general 
                public advance notice of the activity, an opportunity 
                to comment on the activity, and appeal rights regarding 
                the activity.
            (2) Recreation.--The Secretary may--
                    (A) continue to maintain recreational opportunities 
                and trails, in existence in the Management 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 
        concessionaires.
            (4) Road maintenance.--Subject to subsection (d), the 
        Secretary may maintain National Forest System roads, in 
        existence in the Management Unit as of the effective date 
        specified in section 605 or as directed by the management plan 
        required by subsection (d). Maintenance may include the 
        installation of culverts and drainage improvements and other 
        similar activities.
            (5) Fuel reduction in proximity to improvements 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 structures on 
                National Forest System land or structures on adjacent 
                private land; and
                    (B) extending up to 400 feet from the Cooper 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 activities in the Management Unit, with priority 
        given to activities that restore previously harvested stands, 
        including the removal of logging slash, smaller diameter 
        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 forest structures containing multi-storied 
        canopies (where ecologically appropriate) and the protection of 
        water quality, water quantity, scenic, cultural natural and 
        wildlife values.
    (c) Specifically Prohibited Activities.--The following activities 
may not occur on National Forest System 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 existing non-
        System roads.
            (2) Projects undertaken for the purpose of harvesting 
        commercial timber. The harvest of merchantable products that 
        are a by-product of activities conducted pursuant to subsection 
        (b)(6) and carried out pursuant to a stewardship contract are 
        not prohibited by this subsection
            (3) Commercial livestock grazing.
            (4) The placement or maintenance of fuel storage tanks.
            (5) The application of any toxic chemicals, including 
        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 participation.--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 
        participation as described in subsection (b)(1)(C).
    (e) Forest Road Closures.--As part of the management 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 Management 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 encouraged to work with interested private landowners 
who have voluntarily agreed to cooperate with the Secretary to further 
the purposes of this title.
    (g) Relationship With Water District.--Except as provided in this 
section, the Crystal Springs Water District has no authorities over 
management or use of National Forest System land included in the 
Management Unit.

SEC. 604. ACQUISITION OF LANDS.

    (a) Acquisition Authority.--The Secretary of Agriculture 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, including any of the land acquired under subsection 
(a) or received by the Secretary as part of the Cooper Spur-Government 
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 Management Unit as 
soon as practicable after the final closing of the Cooper Spur-
Government Camp land exchange authorized 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 established 
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 traditional 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 Agriculture shall 
identify, establish, develop, and manage priority-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 
identified, established, developed, and managed in a manner consistent 
with the memorandum of understanding entered into between the 
Department of Agriculture, the Bureau of Land Management, the Bureau of 
Indian Affairs, and the Confederated Tribes of the Warm Springs 
Reservation 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 Secretary 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 National Forest System land in 
Mount Hood National Forest that have been gathered for traditional and 
cultural purposes 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 Government 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 intended 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 
Oregon (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 Interior for Indian tribes or 
individual members of Indian tribes or other lands acquired by the Army 
Corps of Engineers 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 pertaining 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 Conveyances.--In the case of 
each of the land conveyances described in title VIII, the Secretary 
shall impose the requirements of subsection (a) as a condition on the 
conveyance 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 recognized codes adopted by the State of Oregon or 
political subdivisions of the State. This section shall not be 
construed to limit the power of the State of Oregon or a political 
subdivision of the State to implement or enforce any law, rule, 
regulation, or standard concerning fire prevention and control.
    (d) Enforcement.--The codes imposed pursuant to subsection (a) may 
be enforced by the same entities otherwise 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 leaders from throughout the 
States of Oregon and Washington to protect the north side of Mount Hood 
and bring to culmination 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 EXCHANGE.

    (a) Conveyance Required.--The Secretary of Agriculture shall convey 
to Mt. Hood Meadows Oregon, Limited 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 approximately 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 approximately 40 acres in 
        Government Camp, as depicted on the official map.
    (b) Consideration.--As consideration for the conveyance under 
subsection (a), Mt. Hood Meadows, Meadows 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 approximately 
        770 acres at Cooper Spur, as depicted on the official map;
            (2) all buildings, furniture, fixtures, and equipment at 
        the Inn at Cooper Spur covered by the appraisal 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 equipment 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 derived from appraisals performed in 2005 by Steve A. Hall, 
        MAI, CCIM, Oregon State Certified General Appraiser. The 
        appraisals were performed in compliance 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 appraised value of the land 
        conveyed by the Secretary under subsection (a), $1,725,000, 
        represents a donation to the United States.
    (d) Completion of Land Exchange.--The Secretary of Agriculture 
shall complete all legal and regulatory processes required in 
connection with the conveyances under this section and complete the 
closing of the conveyances within eight months after the date of the 
enactment of this Act.
    (e) Reconveyance of Land and Improvements.--
            (1) Prohibition on reconveyance of land.--The Secretary of 
        Agriculture may not reconvey any of the land (as opposed to 
        improvements thereon) acquired by the United States under 
        subsection (b).
            (2) Limitation on reconveyance of improvements.--Any 
        subsequent sale or lease of improvements 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 equivalent 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 Agriculture shall prepare and publish a proposed 
prospectus in order to solicit a new concessionaire for the Inn at 
Cooper Spur and the Cooper Spur Ski Area within the new configuration 
of these establishments, as depicted on the official map.
    (b) Competitive Process.--Prospective concessionaires 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 
Coalition, and the Hood River County Commission in selecting 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 Cooper Spur and the Cooper Spur Ski Area to the new 
concessionaire.
    (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 Cooper Spur Ski Area by the end of the one-year 
period beginning on the date of the publication of the prospectus under 
subsection (a), the Secretary may convey, without consideration, the 
improvements acquired under paragraphs (2) and (4) of section 802(b) 
only to Hood River County, Oregon. If the Secretary conveys 
improvements to Hood River County pursuant to this subsection, the 
Secretary shall issue a special use permit that would allow reasonable 
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 applicable 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 regulations.
    (b) Conditions on Acceptance.--Title to the non-Federal land to be 
acquired by the Secretary of Agriculture under section 802 must be 
acceptable to the Secretary, and the conveyances shall be subject to 
valid existing 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 Secretary 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-PACIFIC CREST NATIONAL 
              SCENIC TRAIL.

    (a) Conveyance Required.--The Secretary of Agriculture shall convey 
to the Port of Cascade Locks, Cascade 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 conveyance 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 determined pursuant to an appraisal 
acceptable to the Secretary 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 Management 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 manner 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 Agriculture under this section must be 
acceptable to the Secretary, and the conveyances shall be subject to 
valid existing 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 equivalent utility to use other Federal land.
    (h) Completion of Land Exchange.--The Secretary of Agriculture 
shall complete all legal and regulatory processes required in 
connection with the conveyances under this section and complete the 
closing of the conveyances within 16 months after the date of the 
enactment of this Act.

SEC. 812. HUNCHBACK MOUNTAIN LAND EXCHANGE, CLACKAMAS COUNTY.

    (a) Conveyance Required.--The Secretary of Agriculture 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 Exchange-Clackamas County'' and 
dated June 2006.
    (b) Consideration.--As consideration for the conveyance under 
subsection (a), the County shall convey to the United States all right, 
title, and interest of the County in and to a parcel of land consisting 
of approximately 160 acres, as depicted on the map referred to in 
subsection (a). The acquisition of this parcel will ensure the 
continued integrity of the forested land, a substantial portion 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 determined pursuant to an appraisal 
acceptable to the Secretary 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 Management 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 manner 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 Agriculture under this section must be 
acceptable to the Secretary, and the conveyances shall be subject to 
valid existing 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 Secretary 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 equivalent utility to use other Federal land.
    (h) Completion of Land Exchange.--The Secretary of Agriculture 
shall complete all legal and regulatory processes required in 
connection with the land exchange 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:

                                                 KAREN L. HAAS,

                                                                 Clerk.