[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
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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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