[Congressional Record Volume 152, Number 98 (Monday, July 24, 2006)]
[House]
[Pages H5571-H5581]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   MOUNT HOOD STEWARDSHIP LEGACY ACT

  Mr. WALDEN of Oregon. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 5025) 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, as amended.
  The Clerk read as follows:

                               H.R. 5025

       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

[[Page H5572]]

     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 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.

[[Page H5573]]

       ``(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.

[[Page H5574]]

     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

[[Page H5575]]

       (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

[[Page H5576]]

     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

[[Page H5577]]

     (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.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oregon (Mr. Walden) and the gentlewoman from Guam (Ms. Bordallo) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Oregon.


                             General Leave

  Mr. WALDEN of Oregon. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oregon?
  There was no objection.
  Mr. WALDEN of Oregon. Mr. Speaker, I yield myself such time as I may 
consume.

[[Page H5578]]

  Mr. Speaker, I rise today to present to the House the Mount Hood 
Stewardship Legacy Act. I want to thank Resources Committee Chairman 
Richard Pombo for his support of this legislation and his assistance in 
our work to move it forward at this time. I also want to express my 
appreciation to my Oregon colleagues, Earl Blumenauer, Peter DeFazio 
and Darlene Hooley for their work on the Mount Hood Stewardship Legacy 
Act, H.R. 5025.
  Together, we have crafted a bipartisan, locally written and widely 
supported plan to protect the special places on Mount Hood for future 
generations to enjoy, while working to improve access, recreation, 
forest health and watersheds. We have worked with the Confederated 
Tribes of Warm Springs to fulfill treaty trust obligations and we have 
worked with local interests to resolve a nearly 30-year battle over 
development in the Upper Hood River Valley. This measure comes to the 
floor today in shape to become law at any time.
  I want to thank Earl Blumenauer for his leadership in starting this 
process nearly 3 years ago when he suggested that he and I could work 
together to consider the issues and pressures facing Oregon's icon, 
Mount Hood. Perhaps because our history goes back to the 1970s, we were 
able to rekindle a little bit of that Oregon spirit and dream by 
working together to develop a shared vision for Mount Hood, using a 
very public and collaborative process.
  I appreciate the detailed analysis that the Forest Service has put 
into carefully reviewing the Mount Hood Stewardship Legacy Act. 
Likewise, I appreciate the technical comments from groups like the 
American Forest Resource Council, the Campaign For America's Wilderness 
and American Rivers, the State of Oregon and the five county 
governments that are directly impacted by what takes place in the Mount 
Hood National Forest.
  Colleagues, H.R. 5025 is a balanced plan that not only protects 
extraordinary places for future generations, but also will lead to 
improved forest health conditions across a broad region of a forest 
that, frankly, in some areas is in trouble. Our measure seeks to 
protect water quality and quantity, while enhancing recreational 
opportunities for an ever-growing population. We address transportation 
needs and encourage continued public collaboration.
  The current version of the bill we will discuss here today is draft 
number 10 and was drafted from a concept paper presented to the public 
in two forums in December of 2005, one in Hood River, Oregon, and one 
in Portland, Oregon. The concept paper was drafted following two public 
summits which drew about 250 participants each. They specified or 
looked at challenges facing the Mount Hood National Forest conducted in 
August of 2003 and 2004. And we had a 2-day roundtable discussion at 
Timberline Lodge in July of 2005 where we had 50 key stakeholders. Then 
we followed that up with a 41-mile backpacking trip just about a year 
ago.
  When approved by the Congress, this legislation will provide the 
largest addition of forest wilderness to America's inventory in the 
last 3 years, the first additional wilderness classification on Mount 
Hood in the last 22 years and a 40 percent increase over existing 
designations. It will resolve a 30-year-old land management dispute in 
the Hood River Valley, and it designates 26 miles of wild and scenic 
rivers. It also calls for improved forest health conditions across a 
landscape that is in trouble.
  But let me be very clear about our intent for this legislation. We 
intend it to increase the amount of wilderness, but we intend that that 
adhere strictly to the 1964 Wilderness Act, increase the amount of Wild 
and Scenic Rivers on the Mount Hood National Forest, while in total 
agreement that these designations not reduce the amount of land that is 
specifically identified for timber emphasis harvest nor would they 
deliberately result in future land management conflicts.
  If recreational activities, such as snowmobiling, were to take place 
within view or earshot of a wilderness, then that activity would still 
be allowed to continue.
  Any landowners with private inholdings incorporated by the 
designations would be granted full access to their lands, although we 
don't believe there are any.
  We require the Forest Service to develop and implement through 
existing authorities a 10-year assessment to address bug-infested, 
disease-ridden and heavily overstocked trees and to take action using 
site-specific, environmentally reviewed, and publicly noticed projects 
to improve these areas to the optimum condition class.
  Where memorandums of understanding or legislative authorities do not 
currently exist between irrigation districts or municipalities and the 
Forest Service, the Forest Service would be directed to enter into MOUs 
that outline stewardship goals to manage watersheds for water quality 
and water quantity.
  Existing development footprints are the best places to enhance 
recreational opportunities and maximize future potential. These areas 
could potentially include the footprints of Government Camp, Ski Bowl, 
Timberline, Mount Hood Meadows, and lands allocated A-11 under the 
approved forest plan. Also if there are roads slated to be closed, they 
should be considered for other recreational uses.
  Establish a recreation working group comprised of local stakeholders 
to advise the Forest Service on planning for future recreational 
enhancements.
  Develop an integrated transportation network that brings people to 
and from Mount Hood National Forest and safely transports people from 
place to place on the mountain.
  We would require the Forest Service to enter into MOUs with Native 
American Tribes to provide for huckleberry picking and other customary 
and traditional harvesting of ``first foods'' to ensure healthy stands 
of huckleberries and other traditional plant species.
  We encourage cooperation with Mount Hood's local communities, 
counties, the State, the Tribes, and Federal land agencies to identify 
common ground, coordinate planning efforts around the mountain and make 
the Federal Government a better partner in building cooperative and 
lasting solutions.
  Last summer, Earl and I made history as probably the only bipartisan 
backpacking duo in the Congress to make the journey around Mount Hood. 
Over the course of 4 days and 3 nights, we hiked 41 miles, climbed and 
descended 9,000 feet, and along the way saw firsthand the mountain from 
every perspective, including the one my ancestors saw 161 years ago 
this fall when they completed their wagon train journey to the proposed 
land of Oregon.
  It is in this spirit of promise for a better future, nurtured by an 
on-the-ground appreciation, that we bring you this legislation and ask 
for your support.
  Finally, I will include for the Congressional Record an exchange 
between Congressman Pombo of the Resources Committee and Chairman 
Goodlatte of the Agriculture Committee. I thank Chairman Goodlatte for 
his cooperation in helping this bill be considered today.
                                         House of Representatives,


                                     Committee on Agriculture,

                                    Washington, DC, July 21, 2006.
     Hon. Richard Pombo,
     Chairman, Committee on Resources,
     Washington, DC.
       Dear Mr. Chairman: Thank you for forwarding a draft copy of 
     H.R. 5025, the Mount Hood Stewardship Legacy Act, which the 
     Committee on Resources favorably reported. As you know, the 
     Committee on Agriculture received an additional referral.
       Because of your wish to expedite this legislation and the 
     history of cooperation between our Committees on these 
     matters, I will agree to discharge H.R. 5025 from further 
     consideration by the Committee on Agriculture. The Committee 
     on Agriculture will discharge the bill with the understanding 
     that discharge does not waive any future jurisdictional claim 
     over this issue or similar measures. Furthermore, in the 
     event a conference with the Senate is requested on this 
     matter, the Committee on Agriculture reserves the right to 
     seek appointment of conferees.
       Again, I am grateful for the cooperative spirit in which 
     you have worked regarding this matter and others.
           Sincerely,
                                                    Bob Goodlatte,
                                                         Chairman.
                                 ______
                                 
                                         House of Representatives,


                                       Committee on Resources,

                                    Washington, DC, July 26, 2006.
     Hon. Bob Goodlatte,
     Chairman, Committee on Agriculture,
     Washington, DC.
       Dear Mr. Chairman: On July 19, 2006, the Committee on 
     Resources ordered favorably reported with amendments H.R. 
     5025, the Mount Hood Stewardship Legacy Act. The bill was 
     referred primarily to the Committee

[[Page H5579]]

     on Resources, with an additional referral to the Committee on 
     Agriculture. I have forwarded a copy of the Committee-adopted 
     amendment to your staff for review; it includes the language 
     in Title V of the bill that was agreed to by our staff.
       The author of the bill, Congressman Greg Walden, would like 
     to see it considered on the Floor before we adjourn for the 
     August District Work period, and Leadership has indicated its 
     willingness to help. With this very tight timeline, I ask 
     that you allow the Committee on Agriculture to be discharged 
     from further consideration of the bill so that it may be 
     scheduled under suspension of the rules as soon as possible. 
     This discharge in no way affects your jurisdiction over the 
     subject matter of the bill and it will not serve as precedent 
     for future referrals. If H.R. 5025 or a similar bill is 
     conferenced with the Senate, I would support naming Committee 
     on Agriculture members to the conference committee. Finally, 
     I would be happy to insert this letter and your response in 
     the Congressional Record when the bill is considered in the 
     House of Representatives.
       Thank you for your consideration of my request, and I look 
     forward to bringing H.R. 5025 to the Floor soon.
           Sincerely,
                                                 Richard W. Pombo,
                                                         Chairman.

                              {time}  1415

  Mr. Speaker, I will include at this point in the Record Chapter 9 of 
a book, an autobiography and reminiscences of Sara J. Cummings, my 
great, great grandmother, who made that trek 161 years ago. It details 
in this chapter how they nearly perished on that mountain in the snowy 
October blizzard

                               Chapter IX


      we cross the cascade mountains and are lost for eleven days

       My husband and Mrs. Welch's three sons were to drive the 
     stock. After some deliberation it was decided that my 
     brother, Lemuel, should accompany them. That decided my case. 
     I, too, would accompany them. To this there was a strong 
     remonstrance but my will was not to be swayed in that matter. 
     Mother wept but I told them of my fears concerning their 
     frail boats to stem the current of that raging river, for we 
     had seen the Celilo Falls. Father and my husband had gone as 
     far as the Cascade Falls. After some consideration of the 
     matter she finally became more reconciled. Soon as all the 
     arrangements were completed we gathered the stock, counted 
     them, and started out on our perilous journey. This was on 
     the first day of October, 1845.
       I forgot to mention that we were to be assisted by one of 
     father's hired men, the same Marion Poe who had traveled with 
     us from the first day of our journey. On the day of our 
     departure I placed my new Spanish saddle that was bought for 
     me in St. Louis, on my strong and trusty young nag, and, with 
     parting tears and good-byes, we dared the wilderness and the 
     desert.
       We were substantially provided with food as a good horse 
     was loaded with all necessary provisions, but on the second 
     day out from The Dalles Poe was left to bring the pack horse 
     while we were rounding the stock in the direction of our 
     destination and again he met a band of straggling Indians. As 
     he attempted to talk to them they deliberately led the pack 
     horse into ambush and half an hour later we returned from the 
     various courses that had called us away and found Poe riding 
     dejectedly along, with nothing to prevent us from starving. 
     We would have returned to The Dalles but the others were 
     already two days journey down the river and we were not 
     prepared to replenish the stores. So it was left us to 
     attempt the mountains without food, except beef.
       After another day or two we heard loud hallowing behind us. 
     The sounds were not such as to cause alarm and soon it was 
     seen to come from a party of five, young men and one old 
     trapper. These parties were not cumbered with baggage and 
     thought to go on ahead and select camping places and kill 
     game. Learning of our loss the Smith boys kindly divided 
     stores as far as we would permit them, giving me nineteen 
     biscuits and a sma1l rasher of bacon. A small portion of tea 
     and sugar was tied on my saddle so we had a comfortable 
     supper.
       The traveling was slow and toilsome. Heavy fall rains were 
     coming on and the steep slopes were almost impassible for man 
     and beast. On the sixth day we became entangled in a thicket 
     of vine-maples and were compelled to turn back to our camping 
     place of the previous night. Next day we found it impossible 
     to proceed through the dense growth of Mountain Laurel. The 
     cattle ate freely of this shrub and were so poisoned that we 
     dared not eat the meat.
       The old gentleman, Mr. Carson, had been chosen guide and he 
     was misled by the Indian trails that led to the berry patches 
     far up on the slopes of Mount Hood. So we had been making 
     little progress toward the place of our destination. One 
     morning we awoke in a blinding snowstorm. We toiled along the 
     whole day through without seeing a tree or a spear of grass. 
     Our course seemed to be up a gradual steep slope. As night 
     was coming on it seemed we must all perish, but weak, faint 
     and starving we went on. The stronger men now led the way and 
     left relays to shout back so that we might follow them. My 
     husband and I were the last in the line. The strongest horses 
     had given out before noon and we were compelled to walk and 
     lead our riding nags.
       The loose stock became so weak and discouraged that we left 
     them altogether, but the poor lost creatures followed along 
     for most of the afternoon. Our situation was each moment 
     becoming more desperate. The only hope of our lives lay in 
     finding shelter and wood for a fire. The few pieces of bed 
     clothing that were tied on our saddles were wet and our 
     garments were dripping wet through and through with the snow 
     that had fallen on us all day long and had melted and 
     thoroughly drenched every garment that we wore. As the 
     evening light illumined the receding storm clouds we realized 
     our hazardous situation as never before and we turned our 
     course down the mountainside. Fortunately for us there were 
     no shadows and the eternal snows cast a white light that was 
     sufficient to guide our feet, even after the day had drawn to 
     a close. We were now crossing the line from the eternal snows 
     into that newly fallen and, as our weary feet sank into the 
     sand that underlay the new snow, hope deserted us, yet on and 
     on we went. At a few minutes before 10:00 o'clock that night 
     we were walking on firmer ground, the wet snow being about a 
     foot deep. I was so faint and weak that I could scarcely put 
     one foot before the other and was dragged along by my 
     husband. One man was leading a fine young horse of which he 
     had taken great care, and leading the animal near my side 
     insisted that I ride. My husband lifted me on the horse but 
     not one step would the poor beast take although I weighed 
     less than eighty pounds at that time. The men then placed my 
     brother on the horse's back but with the same result. My 
     husband was now leading me along and lifted me over the 
     obstructions of the path. We were of course the last in 
     the line of relays and the welcome sound of ``we have 
     found wood,'' was wafted to our ears. This give us a 
     renewed energy and by an almost super-human effort we at 
     last reached the assembled group. No sign of a fire was to 
     be seen and most of the men and all the boys were shedding 
     tears. We were told that not a man could be found whose 
     hands had strength to fire a gun, and not a dry thread of 
     clothing for kindling. All were panic stricken and all 
     hope seemed abandoned.
       My husband had been exerting all his power in assisting me 
     along and as soon as he realized the situation he seized the 
     gun and fired it into the little bunch of kindling the men 
     had prepared, but no fire resulted. He now made every man 
     present haul off his coat and in the inner lining of Mr. J. 
     Moore's coat a small piece of dry quilted lining was found. 
     This was placed in a handful of whittlings, and as the gun 
     was reloaded all realized that upon that charge depended our 
     lives. With almost super-human effort Mr. Walden succeeded in 
     firing the gun and in an instant the flames burst forth. A 
     great shout of thanksgiving burst forth and each poor 
     suffering traveler crowded as near as possible to the welcome 
     fire.
       I was so exhausted and discouraged that I sat down on a 
     hummock and was perfectly indifferent as to the result. But 
     soon as there was sufficient warmth my husband led me to the 
     fire side. No sooner had the warmth penetrated my wet and 
     freezing garments than such excruciating pains seized me that 
     I was wild with pain and could not forbear the scream that 
     rent the air on that wild mountain. There was nothing to be 
     done and I had to endure this suffering until the clothing on 
     my body was dry and the chill of frost drawn out of my limbs.
       My saddle horse was the only animal that was brought into 
     the camp and soon my bedding was spread up to dry, and while 
     the great pitch pine trees were consumed with fire the group 
     of weary travelers were soon fast asleep. Mr. Walden 
     presented me with a biscuit, one that he had carried since 
     our morning meal, fearing that some such extremity might 
     overtake us. The morsel of food renewed my strength and as 
     the warm woolen blankets were wrapped snugly around me I 
     reclined near the great heap of glowing logs and felt that 
     God in his great mercy would yet guide us safely into the 
     land of our adoption. We slept soundly and awoke to find the 
     sky cloudless, clear and aglow with the light of the morning 
     sun. The only hope of our lives now lay in the men finding 
     the cattle that one might be used for food, as not a morsel 
     now remained of any sort and some of us had been stinted for 
     more than a week.
       All arose and, after due deliberation, it was decided that 
     I should remain with the two boys, my brother Lemuel, and 
     Mrs. Welch's son. All the others were to go in quest of the 
     stock. We watched the weary procession as they disappeared 
     over the distant slope and the boys would have given up to 
     tears, but that hope which precludes despair was ever present 
     in my heart and, after obeying the instruction to ``Keep a 
     good fire and smoke going, as it may prove a guide to our 
     return,'' I proposed that we go to the summit of a near ridge 
     and look beyond and in the direction of our anticipated home. 
     In our wanderings I became separated from the boys.
       My attention was wholly devoted to the majestic hue of 
     Mount Hood as seen from that high Southern slope. We were far 
     above the timber line and the prospect was great. We were at 
     the edge of vast snow fields and looking upward towards the 
     summit I saw an unusually black looking spot, and after 
     clambering up many hundreds of feet I came upon what seemed 
     to be an extinct crater, and near what seemed to me to be the 
     summit of a mountain. I anxiously hoped to see

[[Page H5580]]

     smoke issue therefrom. I sat down, lost in thought and 
     admiration of the beautiful and wonderful view that opened 
     before my eyes.
       The sky was cloudless. The storms of the previous day had 
     so cleared the air of dust and impurities that my horizon was 
     boundless, and this, my first, prospect of everlasting green 
     forests and their wonderful vividness, green on all the near 
     approaches and changing with wonderful blend from green to 
     etheral blue, and on the distant margin rested the shade of 
     blue, so intense, so indescribably beautiful that no power of 
     words can express the wonderful panorama of beauty with which 
     my soul was entranced. Seated on eternal snow, looking from 
     over these mountains and hills, across wide valleys into dark 
     glens, above the roar of wind or of water, I was lost in 
     infinity.
       Time speeded by without my conscious measurement. It was 
     now about 12:00 o'clock in the day. The decent proved long 
     and tedious. I went in search of the boys and found them 
     busily engaged rolling boulders down the mountainside to hear 
     the crash of their descent and the thud of their landing in 
     the depths of some forested canyon far beneath our feet. By 
     persuasion I convinced them of the dangers of their 
     amusement, and we walked in various directions viewing the 
     curious and wonderful things about us. At some distance from 
     us we saw a curiously colored copse and on approaching nearer 
     we found it to be a dense growth of small green bushes loaded 
     with masses of small purplish berries growing on slender 
     twigs. The fruit was odorous and of a tempting look. I feared 
     to eat them although they were as fragrant as ripe apples, 
     but, venturing a taste, I found them delicious. I plucked 
     some branches and carried them to our camp fire and tested 
     them again and again until I decided they were harmless. The 
     boys and I ate freely of them. Our hunger and thirst was 
     appeased and we realized the nutritious effect. We now 
     carried and laid by the campfire a fine stock of the 
     berries to await the return of the weary and starving men 
     folks, should they be so fortunate as to reach us when 
     nightfall should overtake us.
       Just before sunset the men and beasts were seen crossing a 
     distant ridge. Instinct seemed to have directed the weary, 
     chilled beasts to climb a distant ridge where they found 
     shelter under a towering cliff. The men found them huddled 
     together. The horses and cattle were in one group apparently 
     afraid to venture out in the snow. The grand rock roof and 
     sandy floor protected them from cold and storm, and but for 
     the tinkle of their bells they might have perished. As it was 
     they had been quite comfortable for the night. Not far from 
     our camp was some short grass and leafy shrubs on which they 
     could browse. Our saddles, budgets, and bed-clothing had 
     rested safely on the backs of our weary beasts.
       Early next morning we resumed our journey, having butchered 
     a beef which we could not eat on account of the poisoned 
     laurel. One of the men had named the fruit which we produced, 
     huckleberries, and from these we made our only breakfast 
     food. My own party had been fourteen days with only nine 
     hard-tack biscuits and four small slices of bacon. The Smith 
     boys and all the others in the crowd were also about out of 
     food, and it was decided to make forced marches in the 
     direction of Oregon City, which, from this treeless height, 
     we judged to be nearly West of us.
       We kept the stock with us until we reached the grass lands 
     at the head of Sandy River. Each one then decided to go in 
     quest of food as the men were becoming desperate and had lost 
     all fear of wild beasts so that even the sight of a grizzly 
     bear would not have frightened us. Our horses were now so 
     weak that my husband could not ride any one of them only a 
     few rods at a time. My case now developed the last stages of 
     starvation.
       Just after dark we reached the river where it was now quite 
     a broad stream, rolling and tumbling over high boulders. I 
     tried to urge my pet riding nag into the water but it was no 
     use. On the opposite bank we saw a small fire burning and 
     rightfully judged it to be some lagging member of our 
     advanced party. My husband desired to cross, hoping to find 
     something for our starving nags to eat.
       After awhile we heard the sound of a human voice. It proved 
     to be Mr. Allen Miner, a young man who had left the party 
     early in the morning and had walked all day in advance of us. 
     He had crossed the river in daylight. He called our horses by 
     name and at this they plunged into the raging stream. My 
     saddle girth broke and I had to hold by the mane and balance 
     myself as Dolly would swim the deep channels, mount the 
     rugged rocks or plunge over the sand bars, but, by the mercy 
     of God, husband and I found ourselves safely across. Allen 
     had a bright fire to welcome us and had killed a bird which 
     he had broiled, and this he shared with us.
       We rested until daybreak. The horses had lain all night by 
     the fire and we had great difficulty in getting them up by 
     daybreak. Allen Miner now took the two boys, Mrs. Welch's son 
     and my brother, Lemuel, and forged ahead in search of food. 
     Husband and I went on as fast as our weary limbs would carry 
     us. Most of the party reached the home of Peter Hatch about 
     2:00 o'clock on that afternoon. They were given some food and 
     were put to bed. Husband and I came in sight of their lights, 
     for Mrs. Hatch kept a tallow candle burning in the window and 
     outside of the house a good fire of logs that we might be 
     guided to their place.
       I now took off my blanket dress and put on my spick and 
     span new dress and corded sun-bonnet which I had carried 
     safely on my saddle, and thus arrayed, by my husband's help, 
     I staggered into the door. Mrs. Hatch caught me in her arms 
     and her first words were, ``Why dear woman, I supposed your 
     clothing had been torn off your body long ago.''
       We were seated by the fire. She bathed our weary limbs, and 
     after we had rested a few moments, seeing our starved, wan 
     look, she apologized for having but one potato baked with 
     salt and a little butter for each. She then entertained us 
     with pleasant conversation and put more potatoes to bake. In 
     less than an hour's time we were served with baked potatoes, 
     wheat, butter, and a small slice of bread. We then retired 
     for the night.
       We awoke early with ravenous appetites. Mrs. Hatch was 
     aware of this, and, knowing the danger of our condition had 
     wisely stinted our meals. Our breakfast was more substantial. 
     They had beef of excellent quality and on this day we were 
     given four meals, and each one recovered from this nineteen 
     days of want with no serious after effects.
       My husband and the others were equally blest but they did 
     not rest contentedly as all our prospects for making a home 
     in the newly settled region was in finding our poor stock and 
     teams. As soon as they were able to go on the trail a good 
     supply of food was prepared and returned to the stock a nd 
     were blest in finding every one of the animals in better 
     condition and grazing in a friendly herd, horses, oxen and 
     stock cattle. Not a hoof was missing and within a week's time 
     we were surprised to see them all brought safely to the end 
     of our journey.
       Mrs. Peter Hatch continued to supervise our necessities and 
     in all the world there could not be found a woman more 
     capable and more willing to make her fellow-beings happy and 
     comfortable. Later I shall give a short tribute to this noble 
     lady.
       A few days rest restored the strength and vitality to our 
     weary bodies and the first thought was to secure employment 
     for the winter. The pasturage was free and we left the poor 
     animals to recuperate for winter while we prepared to work 
     for Dr. McLaughlin at his saw mill on the Taualatin river. 
     After two months work we learned that we were to receive 
     nothing for our work that fall and we returned to Oregon City 
     where we learned that father, mother, and all our friends 
     with whom we had parted at The Dalles, were safely 
     established in good houses at the old foundry works on the 
     Willamette river. Father came right up to see us and took the 
     stock home with him. Mr. Walden rented rooms in Orgeon City 
     and we remained there all winter. I had for near neighbor, 
     Mrs. J. Welch who afterwards moved to Astoria and remained 
     there a respected lady and the mother of a noble family.
       The environs of our new home, surrounded by giant fir 
     trees, the healthful sea breezes, the strange sights and 
     sounds were sources of continual thought. The long distance 
     that saparated us from our old home in the Mississippi 
     valley, precluded any form of home sickness and our united 
     efforts were whol1y set upon the building of a home.
       As yet we had seen nothing of the land claims which had 
     been the lure of our most sanguine hopes, but the first 
     effort of our lives was wholly devoted to the acquirement of 
     the necessities of life.
       Of our winter in Oregon City and the subsequent 
     experiences, I will tell you in the next chapter.

  Mr. Speaker, I reserve the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I yield myself such time as I may consume.
  (Ms. BORDALLO asked and was given permission to revise and extend her 
remarks.)
  Ms. BORDALLO. Mr. Speaker, as the majority explained, H.R. 5025 
designates approximately 77,216 acres of National Forest System lands 
in the Mount Hood National Forest as wilderness.
  The legislation also designates about 25 miles of waterways as part 
of the National Wild and Scenic River System, creates a system for fee 
retention on the Mount Hood National Forest, requires the Secretary to 
prepare a 10-year forest stewardship assessment, and sets up three land 
exchanges.
  Mr. Speaker, I would like to recognize my colleagues from Oregon, 
Representatives Earl Blumenauer, Peter DeFazio and Darlene Hooley, who 
are all cosponsors of H.R. 5025.
  In particular, Mr. Blumenauer has worked tirelessly over the past 
several years to craft and advance this legislation. Mr. Speaker, we 
support the pending measure.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Oregon (Mr. Blumenauer).
  Mr. BLUMENAUER. Mr. Speaker, I appreciate the gentlewoman's courtesy 
in permitting me to speak on the bill. I, too, would like to thank 
Chairman Pombo, Ranking Member Rahall, Subcommittee Ranking Member 
Udall, and the staff of the committee that they worked with, and 
colleagues Peter DeFazio and Darlene Hooley for helping bring this 
legislation to the floor today.
  The Mount Hood Stewardship Legacy Act represents a tremendous amount 
of

[[Page H5581]]

hard work by 1,000 Oregonians who found common ground on the critical 
issues facing our State's icon, Mount Hood.
  Mr. Speaker, I want to especially thank my colleague and subcommittee 
chair, Mr. Walden, for working with me for more than 3 years on this 
legislation, and for his idea that we actually hike around the 
mountain. It was a fitting capstone to a really extraordinary 
opportunity to work together, to strengthen a friendship, and be able 
to focus on something that is so important to our State.
  Together, we enlisted extensive involvement of citizen groups, 
environmental organizations, recreational advocates, public agencies, 
tribal representatives, and local governments to create a bill that 
establishes a long-term sustainable vision for the mountain and 
addresses the immediate challenges of wilderness protection, 
recreation, transportation, forest health, water quality, development, 
and Native American rights.
  It seems so simple today, as we come forward, not just with the Mount 
Hood wilderness bill, but with a comprehensive vision for the future of 
Mount Hood. The plan makes sense. The pieces fit together in logical 
ways. But it seems so simple only because 1,000 people, public 
servants, academics, expert stakeholders, volunteers and people who 
just plain care about the mountain were willing to roll up their 
sleeves and invest 3 years to work with my partner, Greg Walden, and 
me, to make this happen.
  I must also acknowledge three other critical people, who were 
invested in this, in this body and soul, Colby Marshall, on Congressman 
Walden's staff, Janine Benner and Hillary Barbour on mine. They were a 
team in Washington, D.C., they were a team in Oregon, and they were a 
key part, literally, in joining us around the mountain. We would not be 
here today without their efforts.
  We began drafting with a document that contained core principles and 
concepts. The ideas were developed through the elaborate public process 
that my colleague, Congressman Walden, just outlined, and that great 
41-mile hike around the mountain.
  It was through these meetings with interested parties, thousands of 
public comments, that we further refined the principles and then 
translated them into the legislation, which was introduced this spring. 
Following the Forest Subcommittee hearing in April, we continued 
working with stakeholders, the Forest Service, our colleagues from both 
parties, staff people, to refine the language and clarify the intent.
  Mr. Speaker, it has been a long hard effort, but it has been worth 
it, because the stakes for Mount Hood and the Pacific northwest have 
never been higher. It is not just an icon for both our home towns of 
Hood River and Portland, it is the single most important recreational 
resource in Oregon. A million people depend upon the integrity of the 
mountain for their drinking water. And it is a place of retreat for 
tens of thousands of people every year.
  There are hundreds of people who call the mountain their home, and we 
have historic treaty and moral obligations to Native Americans for whom 
the mountain has special spiritual and practical significance.
  By solemn treaty rights, they are owed their due for gathering first 
foods, hunting, fishing and for spiritual observances.
  This bill deals with the important elements that will profoundly 
affect Oregonians for generations to come. First and foremost, over 
77,000 acres of pristine wilderness will be protected, a 40 percent 
increase in wilderness inventory.
  Over 25 miles of river will be protected as ``wild and scenic.'' This 
bill will protect the pristine quality of these areas that people hold 
so dear.
  It is not by any stretch of the imagination the last word on 
wilderness, but it does break down the log jam that has prevented 
wilderness from moving forward for over 20 years.
  We have dealt with the very complicated and challenging issue of 
recreation. Our legislation will ensure that people who love to 
snowshoe, ski, mountain bike, snowmobile and hike will have access, but 
we are also making sure that we will all not collectively be loving the 
mountain to death.
  We have laid the groundwork to address the mountain's transportation 
challenges in a way that will both ensure the safety of the mountain's 
visitors and residents, while at the same time moving more people but 
in fewer cars to and from key recreation destinations.
  Even the 3,449 miles of forest roads that are currently in uneven 
states of repair and without adequate resource provide the basis for a 
potential unparalleled system of bicycle facilities. We will help the 
Forest Service work with local communities to address forest health and 
water shed issues. We will enhance the ability of Native Americans to 
gather first foods and exercise their treaty rights.
  We address long simmering disputes about where development on the 
mountain should take place. For example, the Cooper Spur land exchange 
settles a 30-year dispute on the north side of the mountain, and is 
widely supported by conservation groups, citizens, and the ski industry 
and county government.
  Its implementation keeps development on the south side of the 
mountain where infrastructure already exists, while protecting the 
pristine north side in perpetuity. With this legislation, we honor the 
historic mediated settlement between the parties and we now appear to 
be within reach of a long-term solution that is in everyone's best 
interest.
  Today, Mr. Speaker, is one of the most important days in the modern 
history of Mount Hood. We have proven that the many people who care can 
put the pieces together in a finely-balanced fashion that produces a 
blueprint for the next century, while enhancing current uses and being 
true to the mountain legacy we all hold so dear.
  This is the most progress we have seen in either the House or the 
Senate in over 20 years. I am hopeful that our friends in the other 
body will seize the day. If they choose to act this week, the President 
can sign this bill into law before Labor Day, assuring the single most 
important step in crafting and implementing the legacy of Mount Hood 
for the next century.
  Ms. BORDALLO. Mr. Speaker, I wish to thank Mr. Walden and Mr. 
Blumenauer from Oregon for their support of this legislation. We 
support this legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. WALDEN of Oregon. Mr. Speaker, in conclusion, I want to thank my 
colleague from Oregon especially, Congressman Blumenauer. We have had a 
great partnership over 3 years working on this legislation to bring it 
to this point, building it from the ground up. And we could not have 
done it without the very talented staff that he referenced in his 
remarks, Colby Marshall, Janine Benner and Hillary Barbour. They have 
just been terrific troopers, helping us every way, and went on the 
backpack trip with us, but let the record show clearly, we each carried 
our own packs along the trail. And my wife and son also accompanied us 
on that backpack trip.
  It was a great way to learn about the mountain and see it firsthand. 
It is truly a remarkable place and great piece of America. I hope 
others will come and enjoy it as we have.
  Mr. Speaker, I yield back the balance of my time and ask for your 
support for this very important and progressive legislation.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Oregon (Mr. Walden) that the House suspend the rules and 
pass the bill, H.R. 5025, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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