[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6290 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6290

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 2008

   Mr. Blumenauer (for himself, Mr. DeFazio, Ms. Hooley, and Mr. Wu) 
 introduced the following bill; which was referred to the Committee on 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


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

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 2008''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                        TITLE I--PROTECTED AREAS

              Subtitle A--Designation of Wilderness Areas

Sec. 101. Designation of Lewis and Clark Mount Hood wilderness areas.
Sec. 102. Richard L. Kohnstamm Memorial Area.
Sec. 103. Potential wilderness area; additions to wilderness areas.
Sec. 104. Maps and legal descriptions.
Sec. 105. Administration.
Sec. 106. Buffer zones.
Sec. 107. Fish and wildlife.
Sec. 108. Fire, insects, and diseases.
Sec. 109. Withdrawal.
Subtitle B--Designation of Streams for Wild and Scenic River Protection 
                         in the Mount Hood Area

Sec. 111. Wild and Scenic River designations, Mount Hood National 
                            Forest.
Sec. 112. Protection for Hood River, Oregon.
            Subtitle C--Mount Hood National Recreation Area

Sec. 121. Mount Hood National Recreation Area.
  Subtitle D--Protections for Crystal Springs, Upper Big Bottom, and 
                              Cultus Creek

Sec. 131. Crystal Springs Watershed Special Resources Management Unit.
Sec. 132. Protections for Upper Big Bottom and Cultus Creek.
                        TITLE II--LAND EXCHANGES

         Subtitle A--Cooper Spur-Government Camp Land Exchange

Sec. 201. Definitions.
Sec. 202. Cooper Spur-Government Camp land exchange.
            Subtitle B--Port of Cascade Locks Land Exchange

Sec. 211. Definitions.
Sec. 212. Land exchange, Port of Cascade Locks-Pacific Crest National 
                            Scenic Trail.
  Subtitle C--Hunchback Mountain Land Exchange and Boundary Adjustment

Sec. 221. Definitions.
Sec. 222. Hunchback Mountain land exchange.
Sec. 223. Boundary adjustment.
         Subtitle D--Conditions on Development of Federal Land

Sec. 231. Improved natural disaster preparedness.
           TITLE III--TRIBAL PROVISIONS; PLANNING AND STUDIES

Sec. 301. Transportation plan.
Sec. 302. Mount Hood National Forest stewardship strategy.
Sec. 303. Local and tribal relationships.
Sec. 304. Recreational uses.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (2) State.--The term ``State'' means the State of Oregon.

                        TITLE I--PROTECTED AREAS

              Subtitle A--Designation of Wilderness Areas

SEC. 101. DESIGNATION OF 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 of Oregon are designated as wilderness 
areas and as components of the National Wilderness Preservation System:
            (1) Badger creek wilderness additions.--Certain Federal 
        land managed by the Forest Service, comprising approximately 
        8,136 acres, as generally depicted on the maps entitled 
        ``Badger Creek Wilderness--Badger Creek Additions'', ``Badger 
        Creek Wilderness--Bonney Butte'', and ``Badger Creek 
        Wilderness--Boulder Lake'', all dated April 2008, which is 
        incorporated in, and considered 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 note; 98 Stat. 273).
            (2) Bull of the woods wilderness addition.--Certain Federal 
        land managed by the Forest Service, comprising approximately 
        10,183 acres, as generally depicted on the map entitled ``Bull 
        of the Woods Wilderness--Bull of the Woods Additions'' and 
        dated April 2008, which is incorporated in, and 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; 98 Stat. 273).
            (3) Clackamas wilderness.--Certain Federal land managed by 
        the Forest Service, comprising approximately 9,470 acres, as 
        generally depicted on the maps entitled ``Clackamas 
        Wilderness--Big Bottom'', ``Clackamas Wilderness--Clackamas 
        Canyon'', ``Clackamas Wilderness--Memaloose Lake'', ``Clackamas 
        Wilderness--Sisi Butte'', and ``Clackamas Wilderness--South 
        Fork Clackamas'', all dated April 2008, which shall be known as 
        the ``Clackamas Wilderness''.
            (4) Mark o. hatfield wilderness additions.--Certain Federal 
        land managed by the Forest Service, comprising approximately 
        25,963 acres, as generally depicted on the maps entitled ``Mark 
        O. Hatfield Wilderness--Gorge Face'' and ``Mark O. Hatfield 
        Wilderness--Larch Mountain'', all dated April 2008, which is 
        incorporated in, and considered 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).
            (5) Mount hood wilderness additions.--Certain Federal land 
        managed by the Forest Service, comprising approximately 21,940 
        acres, as generally depicted on the maps entitled ``Mount Hood 
        Wilderness--Barlow Butte'', ``Mount Hood Wilderness-Bluegrass 
        Ridge'', ``Mount Hood Wilderness--Elk Cove/Mazama'', ``Mount 
        Hood Wilderness--Richard L. Kohnstamm Memorial Area'', ``Mount 
        Hood Wilderness--Sand Canyon'', ``Mount Hood Wilderness--Sandy 
        Additions'', ``Mount Hood Wilderness--Twin Lakes'', and ``Mount 
        Hood Wilderness--White River'', all dated April 2008, and the 
        map entitled ``Mount Hood Wilderness--Cloud Cap'', dated April 
        2008, which is incorporated in, and considered 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).
            (6) Salmon-huckleberry wilderness additions.--Certain 
        Federal land managed by the Forest Service, comprising 
        approximately 53,841 acres, as generally depicted on the maps 
        entitled ``Salmon-Huckleberry Wilderness--Alder Creek 
        Additions'', ``Salmon-Huckleberry Wilderness--Eagle Creek 
        Addition'', ``Salmon-Huckleberry Wilderness--Hunchback 
        Mountain'', ``Salmon-Huckleberry Wilderness--Inch Creek'', 
        ``Salmon-Huckleberry Wilderness--Mirror Lake'', ``Salmon-
        Huckleberry Wilderness-Roaring River'', ``Salmon-Huckleberry 
        Wilderness-Salmon River `Keyhole''', and ``Salmon-Huckleberry 
        Wilderness--Salmon River Meadows'', all dated April 2008, which 
        is incorporated in, and 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; 98 Stat. 
        273).
            (7) Lower white river wilderness.--Certain Federal land 
        managed by the Forest Service and Bureau of Land Management, 
        comprising approximately 2,870 acres, as generally depicted on 
        the map entitled ``Lower White River Wilderness--Lower White 
        River'' and dated April 2008, which shall be known as the 
        ``Lower White River Wilderness''.

SEC. 102. RICHARD L. KOHNSTAMM MEMORIAL AREA.

    Certain Federal land managed by the Forest Service, as generally 
depicted on the map entitled ``Mount Hood Wilderness--Richard L. 
Kohnstamm Memorial Area'' and dated April 2008, is designated as the 
``Richard L. Kohnstamm Memorial Area''.

SEC. 103. POTENTIAL WILDERNESS AREA; ADDITIONS TO WILDERNESS AREAS.

    (a) Roaring River Potential Wilderness Area.--
            (1) In general.--In furtherance of the purposes of the 
        Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land 
        managed by the Forest Service, comprising approximately 900 
        acres identified as ``Potential Wilderness'' on the map 
        entitled ``Salmon-Huckleberry Additions: Roaring River 
        Wilderness'', dated April 2008, is designated as a potential 
        wilderness area.
            (2) Management.--The potential wilderness area designated 
        by paragraph (1) shall be managed in accordance with section 4 
        of the Wilderness Act (16 U.S.C. 1133).
            (3) Designation as wilderness.--On the date on which the 
        Secretary publishes in the Federal Register notice that the 
        conditions in the potential wilderness area designated by 
        paragraph (1) are compatible with the Wilderness Act (16 U.S.C. 
        1131 et seq.), the potential wilderness shall be--
                    (A) designated as wilderness and as a component of 
                the National Wilderness Preservation System; and
                    (B) incorporated into the Roaring River Wilderness 
                designated by section 101(6).
    (b) Addition to the Mount Hood Wilderness.--On completion of the 
land exchange under section 202, certain Federal land managed by the 
Forest Service, comprising approximately 1,710 acres, as generally 
depicted on the map entitled ``Mount Hood Wilderness--Tilly Jane'', 
dated April 2008, shall be incorporated in, and considered 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) and section 101(5).
    (c) Addition to the Salmon-Huckleberry Wilderness.--On acquisition 
by the United States, the approximately 160 acres of land identified as 
``Land to be acquired by USFS'' on the map entitled ``Hunchback 
Mountain Land Exchange, Clackamas County'', dated June 2006, shall be 
incorporated in, and 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; 98 Stat. 273) and enlarged by section 
101(7).

SEC. 104. MAPS AND LEGAL DESCRIPTIONS.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, the Secretary shall file a map and a legal description of 
each wilderness area and potential wilderness area designated by this 
title, with--
            (1) the Committee on Energy and Natural Resources of the 
        Senate; and
            (2) the Committee on Natural Resources of the House of 
        Representatives.
    (b) Force of Law.--The maps and legal descriptions filed under 
subsection (a) shall have the same force and effect as if included in 
this Act, except that the Secretary may correct typographical errors in 
the maps and legal descriptions.
    (c) Public Availability.--Each map and legal description filed 
under subsection (a) shall be on file and available for public 
inspection in the appropriate offices of the Forest Service and Bureau 
of Land Management.
    (d) Description of Land.--The boundaries of the areas designated as 
wilderness by section 101 that are immediately adjacent to a utility 
right-of-way or a Federal Energy Regulatory Commission project boundary 
shall be 100 feet from the boundary of the right-of-way or the project 
boundary.

SEC. 105. ADMINISTRATION.

    (a) In General.--Subject to valid existing rights, each area 
designated as wilderness by this title shall be administered by the 
Secretary that has jurisdiction over the land within the wilderness, in 
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except 
that--
            (1) any reference in that Act to the effective date shall 
        be considered to be a reference to the date of enactment of 
        this Act; and
            (2) any reference in that Act to the Secretary of 
        Agriculture shall be considered to be a reference to the 
        Secretary that has jurisdiction over the land within the 
        wilderness.
    (b) Incorporation of Acquired Land and Interests.--Any land within 
the boundary of a wilderness area designated by this Act that is 
acquired by the United States shall--
            (1) become part of the wilderness area in which the land is 
        located; and
            (2) be managed in accordance with this Act, the Wilderness 
        Act (16 U.S.C. 1131 et seq.), and any other applicable law.

SEC. 106. 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. 107. FISH AND WILDLIFE.

    Nothing in this Act affects the jurisdiction or responsibilities of 
the State with respect to fish and wildlife.

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, the 
Secretary that has jurisdiction over the land within the wilderness 
(referred to in this section as the ``Secretary'') may take such 
measures as are necessary to control fire, insects, and diseases, 
subject to such terms and conditions as the Secretary determines to be 
desirable and appropriate.

SEC. 109. WITHDRAWAL.

    Subject to valid rights in existence on the date of enactment of 
this Act, the Federal land designated as wilderness by this subtitle 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.

Subtitle B--Designation of Streams for Wild and Scenic River Protection 
                         in the Mount Hood Area

SEC. 111. WILD AND SCENIC RIVER DESIGNATIONS, MOUNT HOOD NATIONAL 
              FOREST.

    (a) In General.--Section 3(a) of the Wild and Scenic Rivers Act (16 
U.S.C. 1274(a)) is amended--
            (1) by redesignating paragraph (167) (relating to the 
        Musconetcong River, New Jersey) as paragraph (169);
            (2) by designating the undesignated paragraph relating to 
        the White Salmon River, Washington, as paragraph (167);
            (3) by designating the undesignated paragraph relating to 
        the Black Butte River, California, as paragraph (168); and
            (4) by adding at the end the following:
            ``(170) South fork clackamas river.--The 4.2-mile segment 
        of the South Fork Clackamas River from its confluence with the 
        East Fork of the South Fork Clackamas to its confluence with 
        the Clackamas River, to be administered by the Secretary of 
        Agriculture as a wild river.
            ``(171) Eagle creek.--The 8.3-mile segment of Eagle Creek 
        from its headwaters to the Mount Hood National Forest boundary, 
        to be administered by the Secretary of Agriculture as a wild 
        river.
            ``(172) Middle fork hood river.--The 3.7-mile segment of 
        the Middle Fork Hood River from the confluence of Clear and Coe 
        Branches to the north section line of section 11, township 1 
        south, range 9 east, to be administered by the Secretary of 
        Agriculture as a scenic river.
            ``(173) South fork roaring river.--The 4.6-mile segment of 
        the South Fork Roaring River from its headwaters to its 
        confluence with Roaring River, to be administered by the 
        Secretary of Agriculture as a wild river.
            ``(174) Zig zag river.--The 4.3-mile segment of the Zig Zag 
        River from its headwaters to the Mount Hood Wilderness 
        boundary, to be administered by the Secretary of Agriculture as 
        a wild river.
            ``(175) Fifteenmile creek.--
                    ``(A) In general.--The 11.1-mile segment of 
                Fifteenmile Creek from its source at Senecal Spring to 
                the southern edge of the northwest quarter of the 
                northwest quarter of section 20, township 2 south, 
                range 12 east, to be administered by the Secretary of 
                Agriculture in the following classes:
                            ``(i) The 2.6-mile segment from its source 
                        at Senecal Spring to the Badger Creek 
                        Wilderness boundary, as a wild river.
                            ``(ii) The 0.4-mile segment from the Badger 
                        Creek Wilderness boundary to the point 0.4 
                        miles downstream, as a scenic river.
                            ``(iii) The 7.9-mile segment from the point 
                        0.4 miles downstream of the Badger Creek 
                        Wilderness boundary to the western edge of 
                        section 20, township 2 south, range 12 east as 
                        a wild river.
                            ``(iv) The 0.2-mile segment from the 
                        western edge of section 20, township 2 south, 
                        range 12 east, to the southern edge of the 
                        northwest quarter of the northwest quarter of 
                        section 20, township 2 south, range 12 east as 
                        a scenic river.
                    ``(B) Inclusions.--Notwithstanding section 3(b), 
                the lateral boundaries of both the wild river area and 
                the scenic river area along Fifteenmile Creek shall 
                include an average of not more than 640 acres per mile 
                measured from the ordinary high water mark on both 
                sides of the river.
            ``(176) East fork hood river.--The 13.5-mile segment of the 
        East Fork Hood River from Oregon State Highway 35 to the Mount 
        Hood National Forest boundary, to be administered by the 
        Secretary of Agriculture as a recreational river.
            ``(177) Collawash river.--The 17.8-mile segment of the 
        Collawash River from the headwaters of the East Fork Collawash 
        to the confluence of the mainstream of the Collawash River with 
        the Clackamas River, to be administered by the Secretary of 
        Agriculture in the following classes:
                    ``(A) The 11.0-mile segment from the headwaters of 
                the East Fork Collawash River to Buckeye Creek, as a 
                scenic river.
                    ``(B) The 6.8-mile segment from Buckeye Creek to 
                the Clackamas River, as a recreational river.
            ``(178) Fish creek.--The 13.5-mile segment of Fish Creek 
        from its headwaters to the confluence with the Clackamas River, 
        to be administered by the Secretary of Agriculture as a 
        recreational river.''.
    (b) Effect.--The amendments made by subsection (a) do not affect 
valid existing water rights.

SEC. 112. PROTECTION FOR HOOD RIVER, OREGON.

    Section 13(a)(4) of the ``Columbia River Gorge National Scenic Area 
Act'' (16 U.S.C. 544k(a)(4)) is amended by striking ``for a period not 
to exceed twenty years from the date of enactment of this Act,''.

            Subtitle C--Mount Hood National Recreation Area

SEC. 121. MOUNT HOOD NATIONAL RECREATION AREA.

    (a) Designation.--To provide for the protection, preservation, and 
enhancement of recreational, ecological, scenic, cultural, watershed, 
and fish and wildlife values, there is established the Mount Hood 
National Recreation Area within the Mount Hood National Forest.
    (b) Boundary.--The Mount Hood National Recreation Area shall 
consist of certain Federal land managed by the Forest Service and 
Bureau of Land Management, comprising approximately 34,550 acres, as 
generally depicted on the maps entitled ``National Recreation Areas--
Mount Hood NRA'', ``National Recreation Areas--Fifteenmile Creek NRA'', 
and ``National Recreation Areas--Shellrock Mountain'', all dated April 
2008.
    (c) Map and Legal Description.--
            (1) Submission of legal description.--As soon as 
        practicable after the date of enactment of this Act, the 
        Secretary shall file a map and a legal description of the Mount 
        Hood National Recreation Area with--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Force of law.--The map and legal description filed 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct 
        typographical errors in the map and the legal description.
            (3) Public availability.--The map and legal description 
        filed under paragraph (1) shall be on file and available for 
        public inspection in the appropriate offices of the Forest 
        Service.
    (d) Administration.--
            (1) In general.--The Secretary shall--
                    (A) administer the Mount Hood National Recreation 
                Area--
                            (i) in accordance with the laws (including 
                        regulations) and rules applicable to the 
                        National Forest System; and
                            (ii) consistent with the purposes described 
                        in subsection (a); and
                    (B) only allow uses of the Mount Hood National 
                Recreation Area that are consistent with the purposes 
                described in subsection (a).
            (2) Applicable law.--Any portion of a wilderness area 
        designated by subtitle A that is located within the Mount Hood 
        National Recreation Area shall be administered in accordance 
        with the Wilderness Act (16 U.S.C. 1131 et seq.).
    (e) Timber.--The cutting, sale, or removal of timber within the 
Mount Hood National Recreation Area may be permitted--
            (1) to the extent necessary to improve the health of the 
        forest in a manner that--
                    (A) maximizes the retention of large trees--
                            (i) as appropriate to the forest type; and
                            (ii) to the extent that the trees promote 
                        stands that are fire-resilient and healthy;
                    (B) improves the habitats of threatened, 
                endangered, or sensitive species; or
                    (C) maintains or restores the composition and 
                structure of the ecosystem by reducing the risk of 
                uncharacteristic wildfire;
            (2) to accomplish an approved management activity in 
        furtherance of the purposes established by this subtitle, if 
        the cutting, sale, or removal of timber is incidental to the 
        management activity; or
            (3) for de minimus personal or administrative use within 
        the Mount Hood National Recreation Area, where such use will 
        not impair the purposes established by this subtitle.
    (f) Road Construction.--No new or temporary roads shall be 
constructed or reconstructed within the Mount Hood National Recreation 
Area except as necessary--
            (1) to protect the health and safety of individuals in 
        cases of an imminent threat of flood, fire, or any other 
        catastrophic event that, without intervention, would cause the 
        loss of life or property;
            (2) to conduct environmental cleanup required by the United 
        States;
            (3) to allow for the exercise of reserved or outstanding 
        rights provided for by a statute or treaty;
            (4) to prevent irreparable resource damage by an existing 
        road; or
            (5) to rectify a hazardous road condition.
    (g) Withdrawal.--Subject to valid existing rights, all Federal land 
within the Mount Hood National Recreation Area is withdrawn from--
            (1) all forms of entry, appropriation, or disposal under 
        the public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under all laws relating to mineral and 
        geothermal leasing.
    (h) Transfer of Administrative Jurisdiction.--
            (1) In general.--Administrative jurisdiction over the 
        Federal land described in paragraph (2) is transferred from the 
        Bureau of Land Management to the Forest Service.
            (2) Description of land.--The land referred to in paragraph 
        (1) is the approximately 130 acres of land administered by the 
        Bureau of Land Management within or adjacent to the Mount Hood 
        National Recreation Area that is identified as ``BLM Lands'' on 
        the map entitled ``National Recreation Areas--Shellrock 
        Mountain'', dated April 2008.

  Subtitle D--Protections for Crystal Springs, Upper Big Bottom, and 
                              Cultus Creek

SEC. 131. CRYSTAL SPRINGS WATERSHED SPECIAL RESOURCES MANAGEMENT UNIT.

    (a) Establishment.--
            (1) In general.--On completion of the land exchange under 
        section 202, there shall be established a special resources 
        management unit in the State consisting of certain Federal land 
        managed by the Forest Service, as generally depicted on the map 
        entitled ``Crystal Springs Watershed Special Resources 
        Management Unit'', dated June 2006 (referred to in this section 
        as the ``map''), to be known as the ``Crystal Springs Watershed 
        Special Resources Management Unit'' (referred to in this 
        section as the ``Management Unit'').
            (2) Exclusion of certain land.--The Management Unit does 
        not include any National Forest System land otherwise covered 
        by paragraph (1) that is designated as wilderness by subtitle 
        A.
            (3) Withdrawal.--
                    (A) In general.--Subject to valid rights in 
                existence on the date of enactment of this Act, the 
                Federal land designated as the Management Unit is 
                withdrawn from all forms of--
                            (i) entry, appropriation, or disposal under 
                        the public land laws;
                            (ii) location, entry, and patent under the 
                        mining laws; and
                            (iii) disposition under all laws pertaining 
                        to mineral and geothermal leasing or mineral 
                        materials.
                    (B) Exception.--Subparagraph (A)(i) does not apply 
                to the parcel of land generally depicted as ``HES 151'' 
                on the map.
    (b) Purposes.--The purposes of the Management Unit are--
            (1) to ensure the 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; and
            (2) to allow visitors to enjoy the special scenic, natural, 
        cultural, and wildlife values of the Crystal Springs watershed.
    (c) Map and Legal Description.--
            (1) Submission of legal description.--As soon as 
        practicable after the date of enactment of this Act, the 
        Secretary shall file a map and a legal description of the 
        Management Unit with--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Force of law.--The map and legal description filed 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct 
        typographical errors in the map and legal description.
            (3) Public availability.--The map and legal description 
        filed under paragraph (1) shall be on file and available for 
        public inspection in the appropriate offices of the Forest 
        Service.
    (d) Administration.--
            (1) In general.--The Secretary shall--
                    (A) administer the Management Unit--
                            (i) in accordance with the laws (including 
                        regulations) and rules applicable to units of 
                        the National Forest System; and
                            (ii) consistent with the purposes described 
                        in subsection (b); and
                    (B) only allow uses of the Management Unit that are 
                consistent with the purposes described in subsection 
                (b).
            (2) Fuel reduction in proximity to improvements and primary 
        public roads.--To protect the water quality, water quantity, 
        and scenic, cultural, natural, and wildlife values of the 
        Management Unit, the Secretary may conduct fuel reduction and 
        forest health management treatments to maintain and restore 
        fire-resilient forest structures containing late successional 
        forest structure characterized by large trees and multistoried 
        canopies, as ecologically appropriate, on National Forest 
        System land in the Management Unit--
                    (A) in any area located not more than 400 feet from 
                structures located on--
                            (i) National Forest System land; or
                            (ii) private land adjacent to National 
                        Forest System land;
                    (B) in any area located not more than 400 feet from 
                the Cooper Spur Road, the Cloud Cap Road, or the Cooper 
                Spur Ski Area Loop Road; and
                    (C) on any other National Forest System land 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.
            (3) Prohibited activities.--Subject to valid existing 
        rights, the following activities shall be prohibited on 
        National Forest System land in the Management Unit:
                    (A) New road construction or renovation of existing 
                non-System roads, except as necessary to protect public 
                health and safety.
                    (B) Projects undertaken for the purpose of 
                harvesting commercial timber (other than activities 
                relating to the harvest of merchantable products that 
                are byproducts of activities conducted to further the 
                purposes described in subsection (b)).
                    (C) Commercial livestock grazing.
                    (D) The placement of new fuel storage tanks.
                    (E) Except to the extent necessary to further the 
                purposes described in subsection (b), the application 
                of any toxic chemicals (other than fire retardants), 
                including pesticides, rodenticides, or herbicides.
    (e) Forest Road Closures.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary may provide for the closure or gating to the general 
        public of any Forest Service road within the Management Unit.
            (2) Exception.--Nothing in this section requires the 
        Secretary to close the road commonly known as ``Cloud Cap 
        Road'', which shall be administered in accordance with 
        otherwise applicable law.
    (f) Private Land.--
            (1) Effect.--Nothing in this section affects the use of, or 
        access to, any private property within the area identified on 
        the map as the ``Crystal Springs Zone of Contribution'' by--
                    (A) the owners of the private property; and
                    (B) guests to the private property.
            (2) Cooperation.--The Secretary is encouraged to work with 
        private landowners who have agreed to cooperate with the 
        Secretary to further the purposes of this section.
    (g) Acquisition of Land.--
            (1) In general.--The Secretary may acquire from willing 
        landowners any land located within the area identified on the 
        map as the ``Crystal Springs Zone of Contribution''.
            (2) Inclusion in management unit.--On the date of 
        acquisition, any land acquired under paragraph (1) shall be 
        incorporated in, and be managed as part of, the Management 
        Unit.

SEC. 132. PROTECTIONS FOR UPPER BIG BOTTOM AND CULTUS CREEK.

    (a) In General.--The Secretary shall manage the Federal land 
administered by the Forest Service described in subsection (b) in a 
manner that preserves the natural and primitive character of the land 
for recreational, scenic, and scientific use.
    (b) Description of Land.--The Federal land referred to in 
subsection (a) is--
            (1) the approximately 1,580 acres, as generally depicted on 
        the map entitled ``Upper Big Bottom'', dated April 2008; and
            (2) the approximately 280 acres identified as ``Cultus 
        Creek'' on the map entitled ``Clackamas Wilderness--South Fork 
        Clackamas'', dated April 2008.
    (c) Maps and Legal Descriptions.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall file maps and legal 
        descriptions of the Federal land described in subsection (b) 
        with--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Force of law.--The maps 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 
        typographical errors in the maps and legal descriptions.
            (3) Public availability.--Each map and legal description 
        filed under paragraph (1) shall be on file and available for 
        public inspection in the appropriate offices of the Forest 
        Service.
    (d) Use of Land.--
            (1) In general.--Subject to valid existing rights, with 
        respect to the Federal land described in subsection (b), the 
        Secretary shall only allow uses that are consistent with the 
        purposes identified in subsection (a).
            (2) Prohibited uses.--The following shall be prohibited on 
        the Federal land described in subsection (b):
                    (A) Permanent roads.
                    (B) Commercial enterprises.
                    (C) Except as necessary to meet the minimum 
                requirements for the administration of the Federal land 
                and to protect public health and safety--
                            (i) the use of motor vehicles; or
                            (ii) the establishment of temporary roads.
    (e) Withdrawal.--Subject to valid existing rights, the Federal land 
described in subsection (b) is withdrawn from--
            (1) all forms of entry, appropriation, or disposal under 
        the public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under all laws relating to mineral and 
        geothermal leasing.

                        TITLE II--LAND EXCHANGES

         Subtitle A--Cooper Spur-Government Camp Land Exchange

SEC. 201. DEFINITIONS.

    In this subtitle:
            (1) County.--The term ``County'' means Hood River County, 
        Oregon.
            (2) Exchange map.--The term ``exchange map'' means the map 
        entitled ``Cooper Spur/Government Camp Land Exchange'', dated 
        June 2006.
            (3) Federal land.--The term ``Federal land'' means the 
        approximately 120 acres of National Forest System land in the 
        Mount Hood National Forest in Government Camp, Clackamas 
        County, Oregon, identified as ``USFS Land to be Conveyed'' on 
        the exchange map.
            (4) Mt. hood meadows.--The term ``Mt. Hood Meadows'' means 
        the Mt. Hood Meadows Oregon, Limited Partnership.
            (5) Non-federal land.--The term ``non-Federal land'' 
        means--
                    (A) the parcel of approximately 770 acres of 
                private land at Cooper Spur identified as ``Land to be 
                acquired by USFS'' on the exchange map; and
                    (B) any buildings, furniture, fixtures, and 
                equipment at the Inn at Cooper Spur and the Cooper Spur 
                Ski Area covered by an appraisal described in section 
                202(d).

SEC. 202. COOPER SPUR-GOVERNMENT CAMP LAND EXCHANGE.

    (a) Conveyance of Land.--Subject to the provisions of this section, 
if Mt. Hood Meadows offers to convey to the United States all right, 
title, and interest of Mt. Hood Meadows in and to the non-Federal land, 
the Secretary shall convey to Mt. Hood Meadows all right, title, and 
interest of the United States in and to the Federal land (other than 
any easements reserved under subsection (g)), subject to valid existing 
rights.
    (b) Compliance With Existing Law.--Except as otherwise provided in 
this section, the Secretary shall carry out the land exchange under 
this section in accordance with section 206 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1716).
    (c) Conditions on Acceptance.--
            (1) Title.--As a condition of the land exchange under this 
        section, title to the non-Federal land to be acquired by the 
        Secretary under this section shall be acceptable to the 
        Secretary.
            (2) Terms and conditions.--The conveyance of the Federal 
        land and non-Federal land shall be subject to such terms and 
        conditions as the Secretary may require.
    (d) Appraisals.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary and Mt. Hood Meadows shall 
        select an appraiser to conduct an appraisal of the Federal land 
        and non-Federal land.
            (2) Requirements.--An appraisal under paragraph (1) shall 
        be conducted in accordance with nationally recognized appraisal 
        standards, including--
                    (A) the Uniform Appraisal Standards for Federal 
                Land Acquisitions; and
                    (B) the Uniform Standards of Professional Appraisal 
                Practice.
    (e) Surveys.--
            (1) In general.--The exact acreage and legal description of 
        the Federal land and non-Federal land shall be determined by 
        surveys approved by the Secretary.
            (2) Costs.--The responsibility for the costs of any surveys 
        conducted under paragraph (1), and any other administrative 
        costs of carrying out the land exchange, shall be determined by 
        the Secretary and Mt. Hood Meadows.
    (f) Deadline for Completion of Land Exchange.--It is the intent of 
Congress that the land exchange under this section shall be completed 
not later than 16 months after the date of enactment of this Act.
    (g) Reservation of Easements.--As a condition of the conveyance of 
the Federal land, the Secretary shall reserve--
            (1) a conservation easement to the Federal land to protect 
        existing wetland, as identified by the Oregon Department of 
        State Lands, that allows equivalent wetland mitigation measures 
        to compensate for minor wetland encroachments necessary for the 
        orderly development of the Federal land; and
            (2) a trail easement to the Federal land that allows--
                    (A) nonmotorized use by the public of existing 
                trails;
                    (B) roads, utilities, and infrastructure facilities 
                to cross the trails; and
                    (C) improvement or relocation of the trails to 
                accommodate development of the Federal land.

            Subtitle B--Port of Cascade Locks Land Exchange

SEC. 211. DEFINITIONS.

    In this subtitle:
            (1) Exchange map.--The term ``exchange map'' means the map 
        entitled ``Port of Cascade Locks/Pacific Crest National Scenic 
        Trail Land Exchange'', dated June 2006.
            (2) Federal land.--The term ``Federal land'' means the 
        parcel of land consisting of approximately 10 acres of National 
        Forest System land in the Columbia River Gorge National Scenic 
        Area identified as ``USFS Land to be conveyed'' on the exchange 
        map.
            (3) Non-federal land.--The term ``non-Federal land'' means 
        the parcels of land consisting of approximately 40 acres 
        identified as ``Land to be acquired by USFS'' on the exchange 
        map.
            (4) Port.--The term ``Port'' means the Port of Cascade 
        Locks, Cascade Locks, Oregon.

SEC. 212. LAND EXCHANGE, PORT OF CASCADE LOCKS-PACIFIC CREST NATIONAL 
              SCENIC TRAIL.

    (a) Conveyance of Land.--Subject to the provisions of this section, 
if the Port offers to convey to the United States all right, title, and 
interest of the Port in and to the non-Federal land, the Secretary 
shall, subject to valid existing rights, convey to the Port all right, 
title, and interest of the United States in and to the Federal land.
    (b) Compliance With Existing Law.--Except as otherwise provided in 
this section, the Secretary shall carry out the land exchange under 
this section in accordance with section 206 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1716).
    (c) Conditions on Acceptance.--
            (1) Title.--As a condition of the land exchange under this 
        section, title to the non-Federal land to be acquired by the 
        Secretary under this section shall be acceptable to the 
        Secretary.
            (2) Terms and conditions.--The conveyance of the Federal 
        land and non-Federal land shall be subject to such terms and 
        conditions as the Secretary may require.
    (d) Appraisals.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall select an appraiser 
        to conduct an appraisal of the Federal land and non-Federal 
        land.
            (2) Requirements.--An appraisal under paragraph (1) shall 
        be conducted in accordance with nationally recognized appraisal 
        standards, including--
                    (A) the Uniform Appraisal Standards for Federal 
                Land Acquisitions; and
                    (B) the Uniform Standards of Professional Appraisal 
                Practice.
    (e) Surveys.--
            (1) In general.--The exact acreage and legal description of 
        the Federal land and non-Federal land shall be determined by 
        surveys approved by the Secretary.
            (2) Costs.--The responsibility for the costs of any surveys 
        conducted under paragraph (1), and any other administrative 
        costs of carrying out the land exchange, shall be determined by 
        the Secretary and the Port.
    (f) Deadline for Completion of Land Exchange.--It is the intent of 
Congress that the land exchange under this section shall be completed 
not later than 16 months after the date of enactment of this Act.

  Subtitle C--Hunchback Mountain Land Exchange and Boundary Adjustment

SEC. 221. DEFINITIONS.

    In this subtitle:
            (1) County.--The term ``County'' means Clackamas County, 
        Oregon.
            (2) Exchange map.--The term ``exchange map'' means the map 
        entitled ``Hunchback Mountain Land Exchange, Clackamas 
        County'', dated June 2006.
            (3) Federal land.--The term ``Federal land'' means the 
        parcel of land consisting of approximately 160 acres of 
        National Forest System land in the Mount Hood National Forest 
        identified as ``USFS Land to be Conveyed'' on the exchange map.
            (4) Non-federal land.--The term ``non-Federal land'' means 
        the parcel of land consisting of approximately 160 acres 
        identified as ``Land to be acquired by USFS'' on the exchange 
        map.

SEC. 222. HUNCHBACK MOUNTAIN LAND EXCHANGE.

    (a) Conveyance of Land.--Subject to the provisions of this section, 
if the County offers to convey to the United States all right, title, 
and interest of the County in and to the non-Federal land, the 
Secretary shall, subject to valid existing rights, convey to the County 
all right, title, and interest of the United States in and to the 
Federal land.
    (b) Compliance With Existing Law.--Except as otherwise provided in 
this section, the Secretary shall carry out the land exchange under 
this section in accordance with section 206 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1716).
    (c) Conditions on Acceptance.--
            (1) Title.--As a condition of the land exchange under this 
        section, title to the non-Federal land to be acquired by the 
        Secretary under this section shall be acceptable to the 
        Secretary.
            (2) Terms and conditions.--The conveyance of the Federal 
        land and non-Federal land shall be subject to such terms and 
        conditions as the Secretary may require.
    (d) Appraisals.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall select an appraiser 
        to conduct an appraisal of the Federal land and non-Federal 
        land.
            (2) Requirements.--An appraisal under paragraph (1) shall 
        be conducted in accordance with nationally recognized appraisal 
        standards, including--
                    (A) the Uniform Appraisal Standards for Federal 
                Land Acquisitions; and
                    (B) the Uniform Standards of Professional Appraisal 
                Practice.
    (e) Surveys.--
            (1) In general.--The exact acreage and legal description of 
        the Federal land and non-Federal land shall be determined by 
        surveys approved by the Secretary.
            (2) Costs.--The responsibility for the costs of any surveys 
        conducted under paragraph (1), and any other administrative 
        costs of carrying out the land exchange, shall be determined by 
        the Secretary and the County.
    (f) Deadline for Completion of Land Exchange.--It is the intent of 
Congress that the land exchange under this section shall be completed 
not later than 16 months after the date of enactment of this Act.

SEC. 223. BOUNDARY ADJUSTMENT.

    (a) In General.--The boundary of the Mount Hood National Forest 
shall be adjusted to incorporate--
            (1) any land conveyed to the United States under section 
        222; and
            (2) the land transferred to the Forest Service by section 
        121(h)(1).
    (b) Additions to the National Forest System.--The Secretary shall 
administer the land described in subsection (a)--
            (1) in accordance with--
                    (A) the Act of March 1, 1911 (commonly known as the 
                ``Weeks Law'') (16 U.S.C. 480 et seq.); and
                    (B) any laws (including regulations) applicable to 
                the National Forest System; and
            (2) subject to sections 103(c) and 121(d), as applicable.
    (c) Land and Water Conservation Fund.--For the purposes of section 
7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
9), the boundaries of the Mount Hood National Forest modified by this 
Act shall be considered to be the boundaries of the Mount Hood National 
Forest in existence as of January 1, 1965.

         Subtitle D--Conditions on Development of Federal Land

SEC. 231. IMPROVED NATURAL DISASTER PREPAREDNESS.

    (a) Requirements Applicable to the Conveyance of Federal Land.--
            (1) In general.--As a condition of each of the conveyances 
        of Federal land under this title, the Secretary shall include 
        in the deed of conveyance a requirement that applicable 
        construction activities and alterations shall be conducted in 
        accordance with--
                    (A) nationally recognized building and property 
                maintenance codes; and
                    (B) nationally recognized codes for development in 
                the wildland-urban interface and wildfire hazard 
                mitigation.
            (2) Applicable law.--To the maximum extent practicable, the 
        codes required under paragraph (1) shall be consistent with the 
        nationally recognized codes adopted or referenced by the State 
        or political subdivisions of the State.
            (3) Enforcement.--The requirements under paragraph (1) may 
        be enforced by the same entities otherwise enforcing codes, 
        ordinances, and standards.
    (b) Compliance With Codes on Federal Land.--The Secretary shall 
ensure that applicable construction activities and alterations 
undertaken or permitted by the Secretary on National Forest System land 
in the Mount Hood National Forest are conducted in accordance with--
            (1) nationally recognized building and property maintenance 
        codes; and
            (2) nationally recognized codes for development in the 
        wildland-urban interface development and wildfire hazard 
        mitigation.
    (c) Effect on Enforcement by States and Political Subdivisions.--
Nothing in this section alters or limits the power of the State or a 
political subdivision of the State to implement or enforce any law 
(including regulations), rule, or standard relating to development or 
fire prevention and control.

           TITLE III--TRIBAL PROVISIONS; PLANNING AND STUDIES

SEC. 301. TRANSPORTATION PLAN.

    (a) In General.--The Secretary shall seek to participate in the 
development of an integrated, multimodal transportation plan developed 
by the Oregon Department of Transportation for the Mount Hood region to 
achieve comprehensive solutions to transportation challenges in the 
Mount Hood region--
            (1) to promote appropriate economic development;
            (2) to preserve the landscape of the Mount Hood region; and
            (3) to enhance public safety.
    (b) Issues To Be Addressed.--In participating in the development of 
the transportation plan under subsection (a), the Secretary shall seek 
to address--
            (1) transportation alternatives between and among 
        recreation areas and gateway communities that are located 
        within the Mount Hood region;
            (2) establishing park-and-ride facilities that shall be 
        located at gateway communities;
            (3) establishing intermodal transportation centers to link 
        public transportation, parking, and recreation destinations;
            (4) creating a new interchange on Oregon State Highway 26 
        located adjacent to or within Government Camp;
            (5) designating, maintaining, and improving alternative 
        routes using Forest Service or State roads for--
                    (A) providing emergency routes; or
                    (B) improving access to, and travel within, the 
                Mount Hood region;
            (6) the feasibility of establishing--
                    (A) a gondola connection that--
                            (i) connects Timberline Lodge to Government 
                        Camp; and
                            (ii) is located in close proximity to the 
                        site of the historic gondola corridor; and
                    (B) an intermodal transportation center to be 
                located in close proximity to Government Camp;
            (7) burying power lines located in, or adjacent to, the 
        Mount Hood National Forest along Interstate 84 near the City of 
        Cascade Locks, Oregon; and
            (8) creating mechanisms for funding the implementation of 
        the transportation plan under subsection (a), including--
                    (A) funds provided by the Federal Government;
                    (B) public-private partnerships;
                    (C) incremental tax financing; and
                    (D) other financing tools that link transportation 
                infrastructure improvements with development.

SEC. 302. MOUNT HOOD NATIONAL FOREST STEWARDSHIP STRATEGY.

    (a) In General.--The Secretary shall prepare a report on, and 
implementation schedule for, the vegetation management strategy 
(including recommendations for biomass utilization) for the Mount Hood 
National Forest being developed by the Forest Service.
    (b) Submission to Congress.--
            (1) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall submit the report 
        to--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Implementation schedule.--Not later than 1 year after 
        the date on which the vegetation management strategy referred 
        to in subsection (a) is completed, the Secretary shall submit 
        the implementation schedule to--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.

SEC. 303. LOCAL AND TRIBAL RELATIONSHIPS.

    (a) Management Plan.--
            (1) In general.--The Secretary, in consultation with Indian 
        tribes with treaty-reserved gathering rights on land 
        encompassed by the Mount Hood National Forest and 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, dated April 
        25, 2003, as modified, shall develop and implement a management 
        plan that meets the cultural foods obligations of the United 
        States under applicable treaties, including the Treaty with the 
        Tribes of Middle Oregon of June 25, 1855 (12 Stat. 963).
            (2) Effect.--This subsection shall be considered to be 
        consistent with, and is intended to implement, the gathering 
        rights reserved by the treaty described in paragraph (1).
    (b) Savings Provisions Regarding Relations With Indian Tribes.--
            (1) Treaty rights.--Nothing in this Act alters, modifies, 
        enlarges, diminishes, or extinguishes the treaty rights of any 
        Indian tribe, including the off-reservation reserved rights 
        established by the Treaty with the Tribes of Middle Oregon of 
        June 25, 1855 (12 Stat. 963).
            (2) Tribal land.--Nothing in this Act affects land held in 
        trust by the Secretary of the Interior for Indian tribes or 
        individual members of Indian tribes or other land 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.

SEC. 304. RECREATIONAL USES.

    (a) Mount Hood National Forest Recreational Working Group.--The 
Secretary may establish a working group for the purpose of providing 
advice and recommendations to the Forest Service on planning and 
implementing recreation enhancements in the Mount Hood National Forest.
    (b) Consideration of Conversion of Forest Roads to Recreational 
Uses.--In considering a Forest Service road in the Mount Hood National 
Forest for possible closure and decommissioning after the date of 
enactment of this Act, the Secretary, in accordance with applicable 
law, shall consider, as an alternative to decommissioning the road, 
converting the road to recreational uses to enhance recreational 
opportunities in the Mount Hood National Forest.
    (c) Improved Trail Access for Persons With Disabilities.--The 
Secretary, in consultation with the public, may design and construct a 
trail at a location selected by the Secretary in Mount Hood National 
Forest suitable for use by persons with disabilities.
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