[Congressional Record Volume 152, Number 108 (Wednesday, September 6, 2006)]
[Senate]
[Pages S9043-S9061]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. INHOFE (for himself and Mr. Coburn):
S. 3845. A bill to designate the facility of the United States Postal
Service located at 301 Commerce Street in Commerce, Oklahoma, as the
``Mickey Mantle Post Office Building''; to the Committee on Homeland
Security and Governmental Affairs.
Mr. INHOFE. Mr. President, I rise today along with my colleague, Tom
Coburn, to proudly introduce legislation to designate the facility of
the United States Postal Service located at 301 Commerce Street in
Commerce, OK as the ``Mickey Mantle Post Office.''
Mickey Mantle emulates the Oklahoma spirit of hard work, charity, and
sportsmanship. He is a shining example of how commitment and dedication
can lead to great success. I seek to name the post office in Commerce,
OK, in Mickey Mantle's honor. He is still known to Commerce by the
nicknames ``Commerce Comet'' or ``Commerce Kid''.
At age 4 Mickey Mantle moved with his family to Commerce where he
grew up, having been born in Spavinaw, OK. By his father who was an
amateur player and fervent fan, Mickey Mantle was named in honor of
Mickey Cochrane, the Hall of Fame catcher from the Detroit Tigers.
Signing with the New York Yankees in 1949, Mantle made his Major
League Debut in 1951. He played his entire Major League career with the
Yankees. He was a twenty-time All Star and named American League MVP
three times. Mantle was a part of 12 pennant winners and 7 World
Championship clubs. Some of Mantle's records still hold today. He holds
the record for most World Series home runs (18), runs batted in (40),
runs (42), walks (43), extra-base hits (26), and total bases (123).
Mantle announced his retirement on March 1, 1969. He actually retired
on Mickey Mantle Day, June 8, 1969. In addition to the retirement of
his uniform number 7, Mantle was given a plaque that would hang on the
center field wall at Yankee Stadium, near the monuments to Babe Ruth,
Lou Gehrig and Miller Huggins. In 1974, as soon as he was eligible, he
was inducted into the Baseball Hall of Fame demonstrating his
importance to baseball and community.
Sadly, Mickey Mantle's father died of cancer at the age of 39, just
as his son was starting his career. Mantle said one of the great
heartaches of his life was that he never told his father he loved him.
After a bout with liver cancer himself, Mickey Mantle was given a few
precious extra weeks of life due to a liver transplant. The baseball
great was overwhelmed by the selfless gift of a liver from a stranger;
therefore, Mickey became determined to give something back at the end
of his life. Thus, in 1995, the year he died, the Mickey Mantle
Foundation was established to promote organ and tissue donation, and
Mickey Mantle will be remembered for something more than his heroic
baseball career.
I encourage my colleagues to join me in support of this legislation
as we commemorate an outstanding athlete so that future generations
will be as inspired by his example of sportsmanship and charity as we
have been.
______
By Mr. CARPER (for himself and Mr. Voinovich):
S. 3846. A bill to provide for the establishment and maintenance of
electronic personal health records for individuals and family members
enrolled in Federal employee health benefits plans under chapter 89 of
title 5, United States Code, and for other purposes; to the Committee
on Homeland Security and Governmental Affairs.
Mr. CARPER. Mr. President, I rise today to announce the introduction
of a piece of legislation that Senator Voinovich of Ohio and I have
worked on for a while. It is called the Federal Employees Electronic
Personal Health Records Act of 2006. This bill makes available--or
would make available--electronic personal health records for every
enrollee of a Federal health benefits plan who wishes to have one. That
is, potentially, as many as 8 million people. That includes those of us
who work in Federal agencies, large and small, across the country and,
actually, around the world. It includes their families and includes
Federal retirees and their families as well.
Our health care sector is the most innovative in the world, but it
has not kept up with the information age. Our excessive reliance on
paper record keeping makes our health care system less efficient, more
costly, and more prone to mistakes. Expanding the use of health
information technology shows promise as a way to improve both the cost
and the quality of health care in our country.
[[Page S9044]]
In 2004, the United States spent some $1.9 trillion on health care
costs.
That is more than any other industrialized country on this planet. In
2005, health care premiums continued their upward trend, increasing by
an average, I am told, of some 9 percent. We are literally spending
trillions of dollars on health care, but I am sorry to say we are not
getting the gold standard of treatment or results.
A 2005 survey conducted by the Commonwealth Fund, a private
foundation that focuses on improving health care, found that medical
error reports rates in the United States far exceed those of western
countries. In that survey, one in three Americans reported getting the
wrong dosage of medication, incorrect test results, mistakes in
treatment, or late notification of test results. That is nearly 15
percent higher than similar results in Britain and Germany.
I believe some of the problems--though certainly not all of them--can
be blamed on the fact that health care providers don't have full and
real-time access to patients' medical records. Doctors in this country
wait days sometimes for couriers to deliver lab tests or x rays. They
diagnose patients without knowing their full medical history, what they
are allergic to, what kinds of surgeries they have had, or whether they
have complained about similar symptoms before.
Time constraints, or medical necessity, often force doctors to
perform a quick diagnosis. Sometimes that diagnosis wrong. Sometimes
those errors prove to be costly. The widespread use of health
information technology, the ability to immediately access one's full
medical history from a computer, can help doctors and nurses provide
better care less expensively. It has the potential to dramatically
transform the way we provide health care in America--saving lives,
saving costs.
If we are looking for success stories on how health care
professionals have integrated the use of electronic health care records
into their daily routines, we don't have to look any further than our
own Department of Defense and our Department of Veterans Affairs.
Times have changed since I retired from the Navy some 15 years ago. I
remember that as an ensign I used to carry my medical health records in
a brown manila folder from duty station to duty station--from the time
I left Ohio State, on to Pensacola, Corpus Christi Naval Air Station,
out to California, across the seas and back again, and, finally,
getting off of active duty and coming to Delaware to enroll in graduate
school, on the GI bill, at the University of Delaware in the business
school. I went up the road to the VA hospital. I still had my folder
with the records. I turned them in and asked: What kind of benefits am
I eligible for?
Over a decade ago, the Department of Defense and VA decided there was
a better way, and the results have been nothing short of phenomenal.
Today, when a patient enrolls in the Department of Defense's military
health system, they no longer need the kind of brown manila folder I
carried all those years. Instead, we have electronic health care
records to keep track of the medical histories of those who serve our
country in the military. This health record is managed electronically,
and you don't have to remember to pack it up on your next tour of duty,
whether it is in Southeast Asia, or Iraq, or Afghanistan.
Instead, one's electronic health care record follows them wherever
they go--both during the time they are in the military and when they
leave and join our veterans community as a veteran.
The result is that the Department of Defense and VA have been
impressive, especially when you consider that they have only used these
electronic health records for about a decade or so.
The VA health system has transformed itself from a troubled,
sometimes bloated and inefficient operation to one of the best health
care operations in the country.
Researchers and doctors now laud the VA for having the foresight to
use electronic health records to improve patient care.
What is the cost? That is a good question. It is about $78 per
patient. That is roughly the cost of not repeating one blood test. In
other words, it is money well spent.
The VA now regularly outperforms Medicare and other private health
plans when it comes to providing patient care for diabetes, high blood
pressure, and heart attack victims.
In January, the National Quality Research Center concluded that for
the sixth consecutive year, the VA health care system outranks the
private sector for customer satisfaction.
I have witnessed that new-found satisfaction in my own backyard, at
the Veterans Medical Center in Elsmere, DE. That is the place I went in
1973 fresh out of the Navy. Veterans from neighboring States are now
coming to our hospital in Elsmere to seek care instead of going to
regular civilian hospitals near them.
In 2004, the Elsmere facility, as well as popular satellite clinics
in Millsboro and Seaford, DE, served more than 22,000 veterans and had
more than 150,000 outpatient visits. Both totals are about 20 percent
higher than just 4 years ago.
Normally, you would think the busier a hospital is, the less
satisfied customers are because of longer waits and other hassles. But
it turned out that the opposite is true. As the workload has climbed,
so has patient satisfaction. I might add, so has the satisfaction of
those providing the care to the patients.
More than 85 percent of Delaware's VA outpatients said they were
``highly satisfied'' with the care they received. Planning is now
underway to open a third outpatient clinic for veterans in Kent County
next spring--probably in Dover where we have another 15,000 veterans.
What is keeping the rest of our Nation's health care system from
following the lead of the Department of Defense and the VA? The answer
is the high cost of implementing the latest information technologies,
as well as the lack of uniformity among various technology products.
A physician can spend up to $30,000 implementing an electronic health
records system. A hospital can spend up to five times that amount. If
that weren't enough of a reason to say no thanks, there is one more
reason; that is, we don't have a set of national standards in place to
make sure that once health care providers have made the switch, their
new system can communicate with the hospital or doctor on the other
side of town. The result: Only 15 percent of doctors and about 30
percent of hospitals have fully functional electronic health care
systems today.
A new study by a number of health care scholars estimates there will
be another 20 years before the majority of physicians are using an
electronic health care system.
Let me say this. Our Presiding Officer is from Louisiana where they
went through a terrible situation a year ago with Katrina. The folks
who happened to be civilians and were in hospitals or nursing homes,
for the most part, they had paper health records and they were
destroyed. The veterans who were on the gulf coast when Katrina
struck--either in nursing homes, VA nursing homes, or VA hospitals--
were evacuated from the area as civilians were; but when the veterans
got to another VA facility inland, or a nursing home, or a VA hospital,
their electronic health records were available immediately, and whoever
provided care for them had access to the records and were able to
provide excellent care.
I am sorry to say that the same wasn't true for the civilians whose
paper records were largely destroyed at the time of the evacuation.
As a nation, we cannot afford to rely solely on health care providers
to bring the health care industry into the 21st century. We must think
outside of the box and build on the health information technology
issues already underway in other areas of our health care industry.
The Federal Employee Electronic Personal Health Records Act of 2006--
the legislation Senator Voinovich and I introduce today--does just
that. How? By requiring all carriers that contract with the Federal
Employees Health Benefits Program to make available an electronic
personal health record for those of us who are enrolled in that
program. As I said earlier, it is some 8 million people.
Electronic personal health records will provide enrollees with a tool
to better access and control their health information. Via the
Internet, an enrollee will be able to log on to their
[[Page S9045]]
electronic personal health record to keep track of such things as their
medications, cholesterol, glucose levels, allergies, and immunization
records.
An enrollee will also be able to review a comprehensive, easily
understood listing of their health care claims. Health care providers,
payers, and enrollees will be able to add this information onto the
electronic personal health record. Enrollees will benefit, I believe,
significantly from such a tool.
An enrollee can easily share sections of the electronic personal
health record with their health care provider, ensuring that their
provider has the most up-to-date and accurate health information when
making clinical decisions.
In the case of an emergency, an enrollee can also grant others the
ability to access their electronic personal health record. Again, it is
the decision of the patient, the enrollee in the Federal Employee
Health Benefits Program, to decide what kind of access to grant to a
provider or a member of the family or another person in the wake of an
emergency.
Having health information readily available will increase the
efficiency and safety of health care for enrollees by eliminating
unwarranted tests, procedures, and prescriptions.
Most important, the legislation ensures that the electronic personal
health records provided for through this act are kept private and
secure.
The electronic personal health records are required to include a
number of security features. They include, among other things, user
authentication and audit trails.
The legislation also requires that carriers comply with all privacy
and security regulations outlined in the Health Insurance Portability
and Accountability Act, which we call HIPAA.
Mr. President, what Senator Voinovich and I are introducing today
will help demonstrate the importance and utility of health information
technology--not just the importance of the technology but the
importance of harnessing the technology--in the delivery of health care
in this country today. In this case, the potential is as many as 8
million additional Americans.
This bill is designed to jumpstart this new technology by requiring
some of the largest health insurance companies to offer these
electronic personal health records, which many are beginning to do
today. As more insurance companies, health care providers, and
consumers use this new technology, I am convinced that more people will
recognize its advantages, and we can more quickly move America's health
care industry into the 21st century.
We view this initiative as the next necessary step for the Nation's
largest employer-sponsored health insurance program that prides itself
on being a model for best practices in health care.
I invite my colleagues to join Senator Voinovich and me as we
introduce this legislation. We look forward to talking with our
colleagues about it. With luck, maybe we will have a hearing. Senator
Voinovich may hold one in his subcommittee this month.
Mr. VOINOVICH. Mr. President, I rise to speak about a bill my
colleague Senator Carper and I introduced today, the Electronic
Personal Health Records Act. The purpose of this legislation is to
provide for the establishment and maintenance of electronic personal
health records for individuals and family members enrolled in the
Federal Employee Health Benefits Plan, FEHBP.
The widespread adoption of health information technology, such as
electronic health record, (EHR), will revolutionize the health care
profession. In fact, the Institute of Medicine, the National Committee
on Vital and Health Statistics, and other expert panels have identified
information technology as one of the most powerful tools in reducing
medical errors and improving the quality of care. Unfortunately, our
country's health care industry lags far behind other sectors of the
economy in its investment in IT.
The Institute of Medicine estimates that there are nearly 98,000
deaths each year resulting from medical errors. Many of these deaths
can be directly attributed to the inherent imperfections of our current
paper-based health care system. This statistic is startling and one
that I hope will motivate my colleagues to take a close look at the
goals of our legislation.
The voluntary EHRs that would be established through the Electronic
Personal Health Records Act will provide clinicians with real-time
access to their patient's health history. Each EHR would contain claims
data, contact information for providers of health care services, and
other useful information for diagnosis and treatment. The records will
be available cost-free to FEHBP participants and will maintain strict
adherence to HIPAA.
Under the bill, the Office of Personnel Management, OPM, would be
required to ensure that all carriers who participate in FEHBP educate
their members about the implementation of the EHR, as well as give
timely notice of the establishment of the record and an opportunity for
each individual to elect not to participate in the program.
OPM, through their carriers, would also have to ensure that all
records would be available for electronic access through Internet, fax,
or printed method for the use of the individual, and that to the extent
possible, records could be transferred from one plan to another. The
bill would require EHRs to be made available two years after the
passage of the legislation or earlier at the discretion of OPM in
consultation with the Office of the National Coordinator for Health
Information Technology within HHS.
Not only can EHRs save lives and improve the quality of health care,
they also have the potential to reduce the cost of the delivery of
health care. According to Rand Corporation, the health care delivery
system in the United States could save approximately $160 billion
annually with the widespread use of electronic medical records. As a
result, the private market is already moving toward implementing
electronic medical records.
This bill, simply encourages the health care industry to continue in
that direction and take their use of technology in the delivery of care
to the next step. I urge my colleagues to consider not only the benefit
it will provide to the eight million individuals who receive their
health care through the FEHBP, but also to our Nation's overall health
care system.
______
By Mrs. CLINTON:
S. 3847. A bill to designate the facility of the United States Postal
Service located at 110 Cooper Street in Babylon, New York, as the
``Jacob Samuel Fletcher Post Office Building''; to the Committee on
Homeland Security and Governmental Affairs.
Mrs. CLINTON. Mr. President, I am pleased to introduce legislation
which would designate the facility of the United States Postal Service
located at 110 Cooper Street in Babylon, NY, as the ``Jacob Samuel
Fletcher Post Office Building.''
Jacob Samuel Fletcher sent his first application for military
enlistment to the Marines when he was 8 years old. Young Jacob had
completed an application he found in a magazine and submitted it
through the mail. Though his mother told the Marines recruiter to call
back in a few years, it wouldn't be long before Fletcher was wearing a
uniform.
Fletcher enlisted in the Army soon after the September 11 terrorist
attacks. He told family members that he felt he had a duty to serve his
country. This service was nothing new to his family, as both his father
and his stepfather served in Vietnam.
His story, however, ends in a tragically different manner than his
father's or stepfather's. On November 14, 2003, PFC Jacob Samuel
Fletcher was killed when a road side bomb exploded near a bus he was
riding in Samara, Iraq. It was 11 days before his 29th birthday. He was
posthumously awarded the Bronze Star and the Purple Heart.
While he was close to finishing his tour of duty at the time of his
death, Jacob told family and friends that he was not finished serving;
he hoped to become a state trooper upon completion of his tour in the
military.
I ask that the Senate come together and honor this brave American for
his service to our Nation.
______
By Mr. KYL (for himself, Mr. DeWine, and Mr. Cornyn):
S. 3848. A bill to amend title 18, United States Code, to support the
war
[[Page S9046]]
on terrorism, and for other purposes; to the Committee on the
Judiciary.
Mr. KYL. Mr. President, I rise today to introduce the Terrorism
Prevention Act of 2006. This Act will enhance and improve the statutes
governing material support for terrorism, protection of classified
information, terrorist hoaxes, and terrorist murders and assaults.
Specifically, the TPA expands the reach of statutes punishing material
support for terrorism, making it a crime to reward the family of a
suicide bomber or other terrorist with the intent to facilitate
terrorism, and increases penalties for existing material support
offenses; clarifies and improves the Classified Information Procedures
Act in light of the lessons learned in the Moussaoui trial; expands the
reach of the terrorist hoax statute, and increases penalties for hoaxes
about the deaths of U.S. soldiers during wartime; increases penalties
for terrorist murders, kidnappings, and assaults committed overseas
against U.S. nationals, and increases penalties for terrorist crimes
resulting in death; and improves the United States's ability to
investigate terrorist crimes by protecting the confidentiality of FISA
investigations, authorizing multi-district search warrants in terrorism
cases, and increasing penalties for obstruction of justice in terrorism
cases.
I ask unanimous consent that a section by section analysis of the
Terrorism Prevention Act be printed in the Record.
There being no objection, the text of the analysis was ordered to be
printed in the Record, as follows:
The Terrorism Prevention Act of 2006
Section by Section Analysis
SECTION 2. MATERIAL SUPPORT
Subsection (a) creates a new offense, 18 U.S.C. Sec. 2339E,
of giving material benefits to the family or associates of
someone who has committed a terrorist act, if the benefit is
given with the intent to reward, encourage, or facilitate
terrorism. Section 2339E applies overseas to the extent that
the offenses are linked to interstate or foreign commerce,
are targeted at the United States or its people or property,
or the offender is a U.S. national or resident. The offense
is punishable by imprisonment for ten years to life. This new
offense would punish those individuals who encourage or
embolden suicide bombers by rewarding their families after
such bombings occur.
Subsection (b) increases penalties for existing material
support offenses as follows: Sec. 2339A, giving material
support to aid a terrorist act, 10 years to life; Sec. 2339B,
giving material support to a designated terrorist
organization, 5 to 25 years; and Sec. 2339D, receiving
military-type training from a terrorist organization, 3 to 15
years. The Sec. 2339A and B penalties have not been increased
since the terrorist attacks of September 11, 2001.
Subsection (c) eliminates a loophole in current law that
would allow an individual to give an unlimited amount of
medical or religious supplies to a designated terrorist
organization. This loophole, which was recently criticized by
a judge of the U.S. Court of Appeals, could allow a terrorist
organization to receive large amounts of supplies that it
could either resell in exchange for cash or distribute in its
local area in order to build support and gain recruits.
Subsection (d) amends Sec. 2339D to bar attempts or
conspiracies to obtain military-type training from a
terrorist organization.
Subsection (e) bars convicted terrorist from receiving
federal benefits.
SECTION 3. IMPROVEMENTS TO CIPA
This section implements a number of lessons learned during
the use of the Classified Information Procedures Act during
the trial of suspected 20th hijacker Zacarias Moussaoui.
Subsection (b) authorizes interlocutory appeals of any order
for access to classified information. In the Moussaoui case,
the Fourth Circuit determined that CIPA allows interlocutory
appeals only of orders entered under CIPA itself, not orders
entered under other authority. One judge of that Court noted
that, although compelled by the text of CIPA, this result
frustrates Congress's intent to allow prompt review of
disputes over disclosure of classified information.
Subsection (c) allows requests for CIPA protection to be
made ex parte. Sometimes a request for protection of
classified information cannot be made publicly without itself
compromising classified information. This subsection also
ensures that requests for CIPA protection shall remain
sealed, regardless of whether they are accepted or denied,
and codifies the current practice of allowing such requests
to be made orally.
Subsection (d) clarifies that CIPA applies to evidence
obtained from nondocumentary sources, such as depositions of
witnesses. In the Moussaoui case, the Fourth Circuit
determined that CIPA technically only applies to documentary
information and information that the defense might disclose
during trial. The Court nevertheless looked to CIPA to
develop a framework for protecting classified information
during depositions. This subsection effectively codifies the
Fourth Circuit's approach by formally applying CIPA to
nondocumentary sources of evidence, such as depositions.
SECTION 4. TERRORIST HOAXES
This section amends the terrorist hoax statute so that it
punishes hoaxes relating to terrorist offenses that
inexplicably were excluded from the current hoax law. For
example, current law does not punish hoaxes related to the
taking of hostages in order to coerce the federal government
(18 U.S.C. 1203), hoaxes related to blowing up an energy
facility (18 U.S.C. 1366(a)), hoaxes related to terrorist
attacks on military bases aimed at undermining national
defense (18 U.S.C. 2156), or hoaxes related to attacks on
railways and mass-transportation facilities, such as the
recent London bombings (18 U.S.C. 1992-93). This section adds
these terrorist crimes to the predicates for the terrorist
hoax statute.
This section also increases the penalties for hoaxes about
the death, injury, or capture of a U.S. soldier during
wartime. Unfortunately, there have been a number of incidents
in which individuals have contacted the families of US.
soldiers serving in Iraq, pretended to represent the military
or other official organizations, and falsely told the family
that their son, brother, or other relative had been killed.
This section would punish such hoaxes with imprisonment for 2
to 10 years. If the hoax resulted in serious bodily injury,
it would be punished by 5 to 25 years, and if it resulted in
death, 10 years to life.
This section also clarifies that the offense of mailing
threatening communications applies to threats made against
organizations as well as individuals.
SECTION 5. TERRORIST MURDERS, KIDNAPPINGS, AND ASSAULTS
This section expands 18 U.S.C. Sec. 2332, which punishes
murder or assault of U.S. nationals overseas for terrorist
purposes, to also include kidnappings of U.S. nationals
overseas that are carried out for terrorist purposes, and
clarifies that sexual assault qualifies as serious bodily
injury for purposes of the section's assault prohibitions.
This section also increases penalties for terrorist murders
and assaults, such that a murder of a U.S. national overseas
that is carried out for terrorist purposes would be punished
by imprisonment for at least 30 years, and an assault
resulting in serious bodily injury would be punished by
imprisonment for 10 years to life. ``Serious bodily injury''
is defined by federal statute to mean bodily injury
accompanied by a substantial risk of death, extreme physical
pain, protracted and obvious disfigurement, or protracted
loss or impairment of the function of a bodily member, organ,
or mental faculty.
This section also creates a new offense of committing a
terrorist crime while engaging in conduct that results in
death. This new offense is punishable by death or
imprisonment for 20 years up to life. This section also makes
eligible for capital punishment existing offenses
resulting in death that involve the use of nuclear
weapons, anti-aircraft missiles, radiological bombs, and
variola (smallpox) virus, and increases to 15 years to
life the penalties for aiding a foreign terrorist
organization or state sponsor of terrorism's WMD program
or developing, possessing, using, or threatening to use a
radiological weapon.
SECTION 6. INVESTIGATION OF TERRORIST CRIMES
Subsection (a) limits FISA notification requirements so
that the government is not required to inform an individual
seeking an immigration benefit if FISA information was used
to deny their application. Such notice effectively informs
such an individual that he or his associates have been the
target of an intelligence investigation. The United States
should not be required to compromise an intelligence
investigation in order to exclude a foreign national with
ties to terrorism from the United States.
Subsection (b) authorizes federal judges to authorize
search warrants that may be used in multiple judicial
districts for purposes of terrorism investigations. Such
investigations often require searches to be conducted in
different parts of the country at the same time.
Subsection (c) increases the potential penalties for
obstruction of justice in the course of a terrorism
investigation by making the maximum penalty ten years'
imprisonment.
______
By Ms. MURKOWSKI:
S. 851. A bill to provide for the extension of preliminary permit
periods by the Federal Energy Regulatory Commission for certain
hydroelectric projects in the State of Alaska; to the Committee on
Energy and Natural Resources.
Ms. MURKOWSKI. Mr. President, I rise to introduce legislation to give
private developers more time to complete planning and financing for a
complex of three high-mountain lake-tap hydroelectric projects that
promise to provide at an electric power for Southeast Alaska and for
the Pacific Northwest.
Today, I introduce legislation to extend by a total of six years the
time for developers to secure data necessary to determine the
feasibility and prepare a development application for three individual
hydroelectric projects, all located up Thomas Bay in Southeast
[[Page S9047]]
Alaska, near Petersburg, AK. This legislation will give time for
construction of the estimated $75 million, 45-megawatt Cascade Creek
project, the $56 million, 30-megawatt Scenery Creek, and the $40
million, 20-megawatt Delta Creek hydroelectric projects to be built.
The extensions are needed and justified since the three renewable
energy projects can only proceed after a $30 million, 27-mile high-
voltage transmission line is constructed in Alaska to the U.S.-Canada
border, after another $130 million is spent for 150 miles of new line
are built in Canada, after $120 million is spent for 140 miles of
transmission line upgrades are finished on the Canadian side of the
border to move the excess power to Skeena near Terrace in Canada, and
after portions of the proposed Southeast Alaska, Electric, Intertie are
finished to also permit excess power from the existing Swan Lake and
Tyee Lake hydroelectric projects, and the proposed Mahoney Lake project
near Ketchikan, AK, to be shared among Panhandle communities and to
connect to export transmission lines.
The developers of the Thomas Bay project, Cascade, LLC., deserve a
time extension since the company, so far, has focused all of its
planning efforts on winning approval and financing for the vital
electrical interconnection between Southeast Alaska and Canada, not on
finishing the three individual power projects. The State of Alaska only
in early summer 2006 approved a grant of $3.2 million to pay for
planning to develop a comprehensive plan and review the economic
feasibility of using several of Southeast Alaska's nearly 100 potential
hydroelectric sites to provide power for both local needs and for
export of the surplus power to the Pacific Northwest power grid to help
with financing of the 95 megawatts of installed capacity, 410 gigawatt,
power project.
These hydroelectric projects all involve tapping high mountain lakes
for power. They do not require the damming of fish streams, so they
have no negative environmental impacts. They will produce electricity
at substantial savings over the 40- to 50-cents per kilowatt hour cost
of generating power from expensive diesel fuel in the region and they
will also reduce the effects of local air pollution and reduce carbon
dioxide generation through the avoidance of fossil fuel combustion.
Congress routinely extends the three-year deadline for worthy
potential FERC-licensed power projects to provide additional time for
completion of preliminary planning, financing and design. It is
certainly appropriate to grant these three projects that are so
interconnected this additional time to work out the contractual and
financial planning and to finish the environmental studies needed for
construction permits to be obtained.
Developing renewable energy that can be produced without any
environmental impacts on streams and the fish and wildlife they support
is an increasingly important task of government. This bill will help
such environmentally-sensitive development occur and will help reduce
the nation's dependence on foreign fossil fuels. I hope for speedy
passage of this measure.
______
By Mr. WYDEN (for himself and Mr. Smith):
S. 3854. A bill to designate certain land in the State of Oregon as
wilderness, and for other purposes; to the Committee on Energy and
Natural Resources.
Mr. WYDEN. Mr. President, Mount Hood is a cherished wild place that
is often photographed, visited and enjoyed by scores of Oregonians and
many non-Oregonians as well. Today, I am introducing, along with my
colleague Senator Smith, a new bipartisan Oregon Wilderness bill: the
``Lewis and Clark Mount Hood Wilderness Act of 2006.'' In tribute to
the great river-dependent journey of Lewis and Clark, our legislation
adds nine free-flowing stretches of rivers to the National Wild and
Scenic River System. This reflects the Oregonian wish to protect but
also actively experience our State's treasures.
This bill contains many elements of the bill I introduced two years
ago while incorporating many of the provisions adopted in the House-
passed version of Mount Hood Wilderness protections, HR 5025. My bill
builds upon the House version by adding more wilderness, more wild and
scenic rivers, and providing a recreation area to allow diverse
recreational opportunities. It protects the lower elevation forests
surrounding Mount Hood and the Columbia River Gorge as Lewis and Clark
saw them. These forests embody the natural beauty of Oregon. They
provide the clean water necessary for the survival of threatened
steelhead, Coho and Chinook salmon. These forests provide critical
habitat and diverse ecosystems for elk, deer, lynx and the majestic
bald eagle. And these are the forests that provide unparalleled
recreational opportunities for Oregonians and our visitors.
But the bill I introduce today differs from the bill I introduced two
years ago because it responds to the many comments I heard in the
ensuing years. I received thousands of comments on proposed Mount Hood
legislation. Some comments came as a result of the general public
meetings I held in Oregon. Many of the meetings lasted over 3 hours,
and everyone who wanted to speak was given an opportunity to do so.
Other comments came from the second Mount Hood Summit held at
Timberline Lodge hosted by Representatives Walden and Blumenauer. I and
my staff met with over 100 community groups and local governments, the
members of the Oregon congressional delegation, the Governor, and the
Bush administration. And still more comments came from letters and
phone calls from Oregonians.
Overwhelmingly, these comments urged me to protect and build on
Oregon's Wilderness system. This goal is as important today as it was
in 1804, 1964 or 1984--if not more so. To succeed, we must provide the
tools that help us create a planned future on Mount Hood. This bill
does both.
The Mount Hood National Forest is the seventh most visited National
Forest in the United States. In the 22 years that have elapsed since
any new wilderness has been designated in the Mount Hood area, the
population in local counties has increased significantly--25 percent in
Multnomah County, 24 percent in Hood River County, and 28 percent in
Clackamas County.
The predominant public use of this urban forest is non-mechanized
activity like hiking, camping, and fishing. With increasing emphasis on
wild scenery, unspoiled wildlife habitats, free flowing rivers,
wilderness and the need for opportunities for diverse outdoor
recreation sometimes it seems we are in jeopardy of ``loving our wild
places to death.''
A few years ago, the Forest Service made a proposal to limit the
number of people that could hike the south side of Mount Hood and the
public outcry was enormous. Seems to me, rather than tell people that
they are going to be restricted from using our public lands, part of
the solution for the future of the Mountain lies in providing more
opportunities for them to enjoy the Mountain's great places. We should
ensure the Mount Hood National Forest can meet the increased use and
demand for outdoor experiences--my bill will provide those
opportunities.
Of the hundreds of people who attended the meetings I held throughout
the State of Oregon, the vast majority spoke in favor of more
wilderness. Additionally, I have received more than 2,500 written
comments supporting additional wilderness for Mount Hood.
This is what I have heard: More Wilderness: First and foremost, I
heard that Oregonians in astonishing numbers support protecting Mount
Hood and the Columbia River Gorge with additional wilderness. A large
number of Oregonians didn't think that enough wilderness areas had been
included in the House proposal.
Mountain Biking: Some mountain bikers expressed concerns that their
recreation opportunities not be unfairly curtailed.
Fire Protection and Forest Health: Some people were worried about
forest health and those living in towns on the mountain and in the
gorge were concerned about fire protection for their communities.
Developed Recreation: Some people were worried about maintaining a
role for developed recreation, like skiing, on Mt. Hood.
This is what my bill does to address those concerns: More Wilderness:
There are currently 189,200 acres of designated wilderness on the Mount
Hood National Forest. The House legislation
[[Page S9048]]
would have added approximately 77,200 acres of new wilderness on the
Mountain. The bill I am introducing today increases wilderness on Mount
Hood by designating approximately 128,385 new acres of wilderness--
incorporating all the areas the House bill included and building upon
them.
This bill adds the areas surrounding the oldest Mt. Hood Wilderness--
the mountain itself--which was designated in the original Wilderness
Act of 1964. These additions include cathedral old growth forests, the
historic Tilly Jane trail, lava beds that were created during the Mt.
Hood eruptions, and much of the legendary route that Oregon's pioneers
used when they were settling our great state. To the north and west of
the mountain, I would add the viewshed of the Columbia Gorge to the
current Mark O. Hatfield wilderness. These areas encompass the
spectacular ridges framing the Gorge that we all marvel at from I-84
and include perhaps the greatest concentration of waterfalls in North
America. To the southwest of the mountain I add lands to the current
Salmon Huckleberry Wilderness to conserve their diverse wildlife and
protect unique recreational areas like those around popular Mirror
Lake. These lands include Alder Creek, the source of drinking water for
the City of Sandy, which unanimously endorsed the draft proposal. Over
to the east are proposed additions to the Badger Creek Wilderness.
These areas provide a critical link between Westside forests and
Eastside ecosystems. This area is known for beautiful fall color and
the best deer and elk hunting in the entire Mount Hood National Forest.
Among the areas we are protecting is the newly designated Richard L.
Kohnstamm Memorial Area. It is dedicated in honor of Mr. Kohnstamm who
restored the historic Timberline Lodge--built originally by the Works
Progress Administration in 1937--to its former grandeur.
Wild and Scenic Rivers: My proposal seeks to protect over 81 miles of
wild and scenic rivers on nine free flowing rivers. This includes some
of the most pristine and beautiful rivers in Oregon. Among those
proposed rivers are the picturesque waterfalls and glacial outwash of
the East Fork of the Hood River, and the ancestral hunting and fishing
grounds of Fish Creek. Over 17 miles of superb salmon and steelhead
habitat on the Collowash River have also been proposed for protection.
My bill again incorporates all the House proposed protections and
builds upon them.
Mountain Biking: I believe that local riders raised some valid
concerns, so I did two things. I have proposed Mount Hood National
Recreation Area. It will offer greater, permanent environmental
protections to those beautiful areas, while providing mountain bikers,
and other recreational users, an opportunity to continue to recreate in
these areas. Additionally, I made boundary adjustments to ensure all
open mountain biking trails were not included in my proposed
wilderness.
Fire Protection and Forest Health: I protect wilderness, where there
are healthy, older trees that should never be harvested on Mount Hood
or in the Gorge. Older, healthy stands are the most resistant to fire
and disease. However, there is an enormous backlog of over-crowded,
plantation, second-growth that should be thinned. My bill incorporates
House provisions that would give the Forest Service a mandate to
prepare an assessment for promoting forests resilient to fire, insects
and disease. This also includes provisions to study and encourage the
development of biomass in conjunction with forest health work. In
addition, I added fire safe community zones so that the Secretary will
construct a system of fire safe buffer zones around the communities of
Cascade Locks and Government Camp.
Developed Recreation: In order to facilitate developed recreation
opportunities I have adopted the House provisions establishing a ``fee-
retention'' provision that will establish an account for the Mount Hood
National Forest. In addition, in order to help address growth while
ensuring access to recreational opportunities, I have adopted House
provisions directing the Secretary and the State of Oregon to develop
an integrated transportation plan for the Mount Hood region.
Local and Tribal Relationships: I have also incorporated the House
provisions on local and tribal relationships emphasizing the rich
history of the Mount Hood region and affirming the rights of Native
peoples to access the mountains resources, as they have for
generations.
The protection of these important Oregon places will depend on the
hard work and dedication of all Oregonians and particularly that of my
Oregon colleagues here in the Congress. I am especially pleased that
Senator Smith has joined me in developing this bipartisan legislation
and putting forth our proposal for wilderness. I am hopeful everyone
will pull together: county Commissioners, environmentalists,
entrepreneurs, chambers of commerce, state elected officials, the
Governor, and the Oregon delegation here in the Capitol. I look forward
to perfecting legislation together in the coming weeks, and seeing its
swift adoption by Congress thereafter. Then the grandeur of Mount Hood
and other Oregon treasures can be assured for future generations.
Soda Mountain Wilderness: In addition, I wish to offer my
cosponsorship of legislation to be presented by Senator Smith, creating
the Soda Mountain Wilderness and authorizing the voluntary cancellation
of grazing leases in the Cascade-Siskiyou National Monument. This bill
would establish a 23,000-acre Soda Mountain Wilderness in the
backcountry of the Cascade-Siskiyou National Monument. In addition, it
provides for the negotiated voluntary grazing permit lease buyout in
the Monument. This proposed wilderness area lies at the intersection of
the Siskiyou and Cascade mountain ranges, and the Oregon Desert,
California chaparral, High Cascade and coastal Westside forests. It is
truly where east meets west meets north meets south. This makes it a
truly unique and biodiverse ecosystem and a key wildlife corridor--one
that is used by ten rare, threatened or endangered species, including
the northern spotted owl, Ashland thistle, and the Siskiyou fritillary.
It is also home to populations of trout, elk, bobcats, black bears and
falcons. The grazing buyout in this bill also provides a win-win
situation. It provides a good deal for the ranchers--the negotiated
agreement between the Bureau of Land Management grazing lessees and the
conservationists includes an agreed-upon conservationist premium to be
paid to the lessees. This premium enhances the compensation lessees
receive from the federal government as part of the legislation. It also
ensures this special place will be protected. I commend Senator Smith
for introducing this legislation and am happy to join him in
introducing this bill.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3854
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Lewis and
Clark Mount Hood Wilderness Act of 2006''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--DESIGNATION OF WILDERNESS AREAS
Sec. 101. Findings and purpose.
Sec. 102. Lewis and Clark Mount Hood wilderness areas.
Sec. 103. Map and legal descriptions.
Sec. 104. Administration.
Sec. 105. Buffer zones.
Sec. 106. Fire safe community zones.
Sec. 107. Gateway communities.
Sec. 108. Fish and wildlife; hunting and fishing.
Sec. 109. Trail restoration and study.
Sec. 110. Fire, insects, and diseases.
Sec. 111. Land reclassification.
Sec. 112. Valid existing rights and withdrawal.
Sec. 113. Maintenance and replacement of foot bridges in wilderness
areas.
Sec. 114. Richard L. Kohnstamm Memorial Area.
TITLE II--DESIGNATION OF STREAMS FOR WILD AND SCENIC RIVER PROTECTION
IN THE MOUNT HOOD AREA
Sec. 201. Finding and purpose.
Sec. 202. Wild and scenic river designations, Mount Hood National
Forest.
Sec. 203. Impact on water rights and flow requirements.
TITLE III--MOUNT HOOD NATIONAL RECREATION AREA
Sec. 301. Designation.
[[Page S9049]]
TITLE IV--TRANSPORTATION AND COMMUNICATION SYSTEMS
Sec. 401. Definition of Mount Hood region.
Sec. 402. Transportation plan.
Sec. 403. Study relating to gondola connection and intermodal
transportation center.
Sec. 404. Burial of power lines.
Sec. 405. Culvert replacement.
Sec. 406. Clarification of treatment of State highways.
TITLE V--LAND EXCHANGE
Subtitle A--Cooper Spur-Government Camp Land Exchange
Sec. 501. Purpose.
Sec. 502. Cooper Spur-Government Camp land exchange.
Subtitle B--Other Land Exchanges
Sec. 511. Land exchange, Port of Cascade Locks-Pacific Crest National
Scenic Trail.
Sec. 512. Hunchback Mountain land exchange, Clackamas County.
TITLE VI--MOUNT HOOD NATIONAL FOREST AND WATERSHED STEWARDSHIP
Sec. 601. Findings and purpose.
Sec. 602. Forest stewardship assessment.
Sec. 603. Sustainable biomass utilization study.
Sec. 604. Watershed management memoranda of understanding.
Sec. 605. Termination of authority.
TITLE VII--CRYSTAL SPRINGS WATERSHED SPECIAL RESOURCES MANAGEMENT UNIT
Sec. 701. Findings and purpose.
Sec. 702. Establishment of Crystal Springs Watershed Special Resources
Management Unit.
Sec. 703. Administration of Management Unit.
Sec. 704. Acquisition of lands.
Sec. 705. Effective date.
TITLE VIII--LOCAL AND TRIBAL RELATIONSHIPS
Sec. 801. Findings and purpose.
Sec. 802. First foods gathering areas.
Sec. 803. Forest Service coordination with State and local governments.
Sec. 804. Savings provisions regarding relations with Indian tribes.
Sec. 805. Improved natural disaster preparedness.
TITLE IX--RECREATION
Sec. 901. Findings and purpose.
Sec. 902. Retention of Mount Hood National Forest land use fees from
special use authorizations.
Sec. 903. Use of funds in special account to support recreation.
Sec. 904. Annual reporting requirement.
Sec. 905. Mount hood national forest recreational working group.
Sec. 906. Consideration of conversion of forest roads to recreational
uses.
Sec. 907. Improved trail access for persons with disabilities.
TITLE X--AUTHORIZATION OF APPROPRIATIONS
Sec. 1001. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress finds that--
(1) long before the arrival of Lewis and Clark, Native
Americans in the Oregon country lived amid the wild splendor
of the Cascade Mountains and the Columbia River, where the
waters teemed with fish, game roamed the forests, and fruits
and berries were abundant;
(2) the Native Americans arrived in this bountiful land
from Asia by way of the Bering Sea and inhabited the land in
and around Mount Hood and the Columbia Gorge;
(3) some of the tribes along the Columbia River were part
of the Chinook family;
(4) many of the people of the tribes--
(A) used canoes made from cedar logs;
(B) were expert fisherman;
(C) told fire legends about the mid-Columbia volcanic peaks
that featured warrior heroes, fair ladies, and numerous gods;
and
(D) Mount Hood as Wy'East, the warrior whose passionate
love caused the region to be transformed as he hurled
powerful volcanic fire in his quest for the love of the
gentle maiden Loo-wit, known today as Mount St. Helens;
(5) traveling down the Columbia River in 1805, the Lewis
and Clark Corps of Discovery expedition was awed by the
unspoiled scenic splendors of the Cascade Mountains and the
Columbia River Gorge cutting through the mountain rampart;
(6) on October 18, 1805, Clark recorded in his journal: ``I
ascended a high cliff, about 200 feet above the water, from
the top of which is a level plain, extending up the river and
off for a great extent. From this place I discovered a
mountain of immense height, covered with snow.'';
(7) following Lewis and Clark, settlers came to the Oregon
territory by way of the Oregon Trail, transforming more
accessible portions of the wild landscape into farms,
orchards, and small communities using the old growth forests;
(8) in 1845, Oregon Trail pioneers Samuel K. Barlow and
Joel Palmer and their parties opened the Barlow Trail across
Barlow Pass, high on the south slopes of Mount Hood, with
Palmer writing on October 11, 1845: ``I had never seen a
sight so nobly grand.'';
(9) even as the settlers transformed the wilderness, that
frontier land helped develop in the settlers the
characteristics of self-reliance, fortitude, hard work,
independence, and love of the land, which the people of
Oregon and the entire United States cherish to this day and
wish to inculcate in their children;
(10) the unprotected wilderness that remains in the Mount
Hood and Columbia River Gorge region provides easily
accessible outdoor recreation for the descendants of the
early settlers and more recent arrivals;
(11) Mount Hood is home to the historic Timberline Lodge,
which--
(A) is a National Historic Landmark;
(B) was built as a project by the Federal Works Progress
Administration in 1937; and
(C) was restored to its former grandeur by the dedication
and stewardship of Richard L. Kohnstamm;
(12) preserving wilderness assures the integrity of the
background and scenic views that enrich more developed forms
of recreational use, including downhill skiing and roadside
enjoyment of sweeping wilderness scenery;
(13) designation as wilderness provides the strongest
congressional protection of scientific, cultural,
educational, environmental, scenic, and recreational values
that contribute long-term quality of life and economic
benefits to the people of Oregon, visitors to Oregon, and
local communities in and around the Mount Hood National
Forest, including the wilderness-dependent wildlife, high
water quality, and resident and anadromous fish that thrive
in undisturbed ecosystems;
(14) the Mount Hood National Forest is the seventh most
visited National Forest in the United States;
(15) wilderness management is interrelated with and will
interface with the established activities and management of
adjacent land, particularly when the land is high-density
recreation land;
(16) Mount Hood National Forest is predominantly used by
the public for mechanized and non-mechanized activities, such
as hiking, camping, and fishing, which according to the Mount
Hood National Forest Management Plan, are projected to
increase dramatically over time;
(17) the Land and Resource Management Plan for Mount Hood
National Forest provides that ``the present capability to
supply recreational opportunities such as hiking on trails in
primitive and semi-primitive non-motorized areas is predicted
to fall short of satisfying demand'';
(18) according to the plan described in paragraph (17), the
Mount Hood National Forest--
(A) provides resources for nearly 2 times the current
demand for developed recreation such as skiing, power
boating, and sightseeing by car; but
(B) meets less than \2/3\ of the demand for back country
recreation;
(19) the Management Plan for Mount Hood National Forest
projects that by 2040, the Mount Hood National Forest will
only meet 16 percent of the demand for wilderness recreation,
while meeting more than 100 percent of the demand for
mechanized recreation;
(20) because the Mount Hood National Forest provides
drinking water for more than 16 communities and over 40
percent of Oregon residents, management of the Mount Hood
National Forest needs to take into consideration plans
developed by local watershed councils in managing the forest;
and
(21) the management of the Mount Hood National Forest
should address practical, site-specific situations in a
manner that supports wilderness and the general
environmental, economic, and community-related welfare of the
mountain.
SEC. 3. DEFINITIONS.
In this Act:
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(2) Mountain bike.--The term ``mountain bike'' does not
include a motorized vehicle.
(3) Old growth.--The term ``old growth'', with respect to a
tree or grove of trees, means a tree or grove that is--
(A) at last 120 years old; or
(B) previously unmanaged.
(4) Secretary.--The term ``Secretary'' means--
(A) when used in reference to Forest Service land, the
Secretary of Agriculture; and
(B) when used in reference to Bureau of Land Management
land, the Secretary of the Interior.
(5) State.--The term ``State'' means the State of Oregon.
TITLE I--DESIGNATION OF WILDERNESS AREAS
SEC. 101. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the most recent designation of wilderness in the Mount
Hood National Forest occurred in 1984; and
(2) the designation of an additional 128,400 acres as a
wilderness area by this title will increase the amount of
wilderness designated as a wilderness area in the Mount Hood
National Forest by 68 percent.
(b) Purpose.--The purpose of this title is to designate
approximately 128,400 acres of National Forest System land in
the Mount Hood National Forest as a wilderness area.
SEC. 102. LEWIS AND CLARK MOUNT HOOD WILDERNESS AREAS.
(a) Designations.--In accordance with the Wilderness Act
(16 U.S.C. 1131 et seq.), the following areas in the State
are designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Badger creek wilderness additions.--Certain Federal
land managed by the Forest
[[Page S9050]]
Service, comprising approximately 3,700 acres, as generally
depicted on the maps entitled ``Badger Creek'' and ``Bonnie
Butte'', dated September 2006, which are incorporated in, and
considered to be a part of, the Badger Creek Wilderness, as
designated by section 3(3) of the Oregon Wilderness Act of
1984 (16 U.S.C. 1132 note; 98 Stat. 273).
(2) Bull of the woods wilderness addition.--Certain Federal
land managed by the Forest Service, comprising approximately
6,870 acres, as generally depicted on the map entitled ``Bull
of the Woods'', dated June 2006, which is incorporated in,
and considered to be a part of, the Bull of the Woods
Wilderness, as designated by section 3(4) of the Oregon
Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273).
(3) Clackamas wilderness.--Certain Federal land managed by
the Forest Service and Bureau of Land Management, comprising
approximately 11,900 acres, as generally depicted on the maps
entitled ``Clackamas Canyon'', ``Big Bottom'', ``Memaloose
Lake'', ``South Fork Clackamas'', ``Sisi Butte'', and ``Upper
Big Bottom'', dated September 2006, which shall be known as
the ``Clackamas Wilderness''.
(4) Lower white river wilderness.--Certain Federal land
managed by the Forest Service and Bureau of Land Management,
comprising approximately 2,850 acres, as generally depicted
on the map entitled ``Lower White River'', dated September
2006, which shall be known as the ``Lower White River
Wilderness''.
(5) Mark o. hatfield wilderness additions.--Certain Federal
land managed by the Forest Service, comprising approximately
26,000 acres, as generally depicted on the maps entitled
``Gorge Ridgeline'' and ``Larch Mountain'', dated September
2006, which shall be known as the ``Mark O. Hatfield
Wilderness Additions''.
(6) Mount hood wilderness additions.--Certain Federal land
managed by the Forest Service, comprising approximately
21,580 acres, as generally depicted on the maps entitled
``Elk Cove/Mazama Addition'', ``Sandy Additions'', ``Tilly
Jane'', ``Sand Canyon'', ``Lost Lake'', ``Twin Lakes'',
``Barlow Butte'', ``White River'', and ``Richard L. Kohnstamm
Memorial Area'', dated September 2006, which are incorporated
in, and considered to be a part of, the Mount Hood Wilderness
as designated under section 3(a) of the Wilderness Act (16
U.S.C. 1132(a)), and enlarged by section 3(d) of the
Endangered American Wilderness Act of 1978 (16 U.S.C. 1132
note; 92 Stat. 43).
(7) Roaring river wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 37,750 acres,
as generally depicted on the map entitled ``Roaring River
Wilderness'', dated September 2006, which shall be known as
the ``Roaring River Wilderness''.
(8) Salmon-huckleberry wilderness additions.--Certain
Federal land managed by the Forest Service, comprising
approximately 17,720 acres, as generally depicted on the maps
entitled ``Alder Creek Addition'', ``Eagle Creek Addition'',
``Mirror Lake'', ``Inch Creek'', ``Salmon River Meadows'',
and ``Hunchback Mountain'', dated September 2006, which are
incorporated in, and considered to be a part of, the Salmon-
Huckleberry Wilderness, as designated by section 3(2) of the
Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat.
273).
(b) Effect of Designations.--
(1) Electric utilities.--The areas in the State that are
designated as wilderness areas and as components of the
National Wilderness Preservation System under subsection (a)
shall not--
(A) include any land that on the date of enactment of this
Act is--
(i) licensed for a hydroelectric project by the Federal
Energy Regulatory Commission; or
(ii) located within 200 feet of an electric power line in
the White River Unit of the Mount Hood Wilderness Additions
under subsection (a)(6); or
(B) affect any activity relating to the operation,
maintenance, or construction of a project described in clause
(i) or (ii) of subparagraph (A).
(2) Columbia gorge airshed.--The area depicted on the maps
entitled ``Gorge Ridgeline Wilderness'' and ``Large
Mountain'', dated September 2006, that is designated as a
wilderness area and as a component of the National Wilderness
Preservation System under subsection (a) shall not result in
the designation of a Class I airshed in the Columbia Gorge
through Federal regulatory action.
SEC. 103. MAP AND LEGAL DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map
entitled ``Lewis and Clark Mount Hood Wilderness Additions of
2006'', dated September 2006, and a legal description of each
wilderness area designated by this title, with--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Resources of the House of
Representatives.
(b) Force of Law.--The map and legal descriptions filed
under subsection (a) shall have the same force and effect as
if included in this Act, except that the Secretary may
correct typographical errors in the map and each legal
description.
(c) Public Availability.--Each map and legal description
filed under subsection (a) shall be on file and available for
public inspection in--
(1) the office of the Chief of the Forest Service;
(2) the office of the Director of the Bureau of Land
Management; and
(3) the applicable local Forest Service and Bureau of Land
Management offices.
SEC. 104. ADMINISTRATION.
(a) In General.--Subject to valid rights in existence on
the date of enactment of this Act, each wilderness area
designated under this title shall be administered by the
Secretary in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.).
(b) Consistent Interpretation to the Public.--
Notwithstanding their separate jurisdictions, the Secretary
of Agriculture and the Secretary of the Interior shall
collaborate to ensure that the wilderness areas designated by
this title, if appropriate, are interpreted for the public as
an overall complex related by--
(1) common location in the Mount Hood-Columbia River Gorge
region;
(2) the abundant history of Native American use;
(3) the epic journey of Lewis and Clark;
(4) the pioneer settlement and growth of the State; and
(5) water sources for more than 40 percent of the residents
of the State.
(c) Incorporation of Acquired Land and Interests.--Any land
or interest in land located within the boundaries of an area
designated as a wilderness area by this title that is
acquired by the United States after the date of enactment of
this Act shall be added to, and administered as part of, the
wilderness area within which the acquired land or interest is
located.
SEC. 105. BUFFER ZONES.
(a) In General.--As provided in the Oregon Wilderness Act
of 1984 (16 U.S.C. 1132 note; Public Law 98-328), Congress
does not intend for designation of wilderness areas in the
State under this title to lead to the creation of protective
perimeters or buffer zones around each wilderness area.
(b) Activities or Uses up to Boundaries.--The fact that
nonwilderness activities or uses can be seen or heard from
within a wilderness area shall not, of itself, preclude the
activities or uses up to the boundary of the wilderness area.
SEC. 106. FIRE SAFE COMMUNITY ZONES.
Consistent with the Mount Hood National Forest Management
Plan and the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6501 et seq.), the Secretary shall construct a
strategic system of defensible fuel profile zones (including
shaded fuelbreaks, thinning, individual tree selection, and
other methods of vegetation management) between the
wilderness boundary and the community boundary around Cascade
Locks and Government Camp.
SEC. 107. GATEWAY COMMUNITIES.
(a) In General.--The Secretary may provide grants to
communities that are gateways to Mount Hood Wilderness areas,
including the Hoodland Fire District, Government Camp, and
the villages surrounding Mount Hood, and the appropriate
county governments in the State, to be administered through
the Forest Service State and Private Forestry program.
(b) Limitation of Funds.--The total amount of funds
provided by the Secretary to gateway communities under
subsection (a) shall not exceed $10,000,000.
SEC. 108. FISH AND WILDLIFE; HUNTING AND FISHING.
(a) Fish and Wildlife.--In furtherance of the purposes of
the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary
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 those activities are--
(1) consistent with applicable wilderness management plans;
and
(2) carried out in accordance with applicable guidelines
and policies.
(b) Bull Trout Restoration Project.--
(1) In general.--Nothing in this Act affects the authority
of the Secretary to carry out the Bull Trout restoration
project underway as of the date of enactment of this Act in
Clear Branch Creek.
(2) Minimum tool policies.--The Secretary shall carry out
the Bull Trout restoration project under paragraph (1) in
accordance with the minimum tools policies of the Forest
Service.
SEC. 109. TRAIL RESTORATION AND STUDY.
(a) Palmeteer Trail Restoration.--
(1) In general.--It is the intent of Congress that nothing
in this title shall prevent the Secretary from conducting the
planned Palmateer Trail restoration project underway as of
the date of enactment of this Act in the Twin Lakes area of
the Mount Hood National Forest to restore the quality of the
Trail.
(2) Minimum tools policies.--The Secretary shall carry out
the Palmateer Trail restoration project described in
paragraph (1) in accordance with the minimum tools policies
of the Forest Service.
(b) Study of Cool Creek Trail 794.--The Secretary shall
conduct a study of the appropriate public use of Cool Creek
Trail 794.
SEC. 110. FIRE, INSECTS, AND DISEASES.
As provided in section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)), within the wilderness areas designated by
this Act, the Secretary of Agriculture (in collaboration with
the Secretary of the Interior, where appropriate) may take
such measures as are necessary to control fire, insects, and
diseases, subject to such conditions as the Secretary of
Agriculture (in collaboration with
[[Page S9051]]
the Secretary of the Interior where appropriate) determines
to be desirable.
SEC. 111. LAND RECLASSIFICATION.
(a) Oregon and California Railroad Land.--Not later than
180 days after the date of enactment of this Act, the
Secretary of Agriculture and the Secretary of the Interior
shall identify any Oregon and California Railroad Land that
is subject to section 201 of the Act of August 28, 1937 (43
U.S.C. 1181f), within the boundary of the Clackamas
Wilderness, as generally depicted on the map entitled ``South
Fork Clackamas'', dated September 2006.
(b) Public Domain Land.--
(1) Definition of public domain land.--In this section, the
term ``public domain land''--
(A) has the meaning given the term ``public land'' in
section 103 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1702); and
(B) does not include any land managed under the Act of
August 28, 1937 (43 U.S.C. 1181a et seq.).
(2) Identification.--Not later than 180 days after the date
of enactment of this Act, the Secretary of the Interior shall
identify public domain land within the State that is
approximately equal in acreage of land described in
subsection (a), but is not subject to the Act of August 28,
1937 (43 U.S.C. 1181a et seq.).
(3) Maps.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior shall
submit to Congress and publish in the Federal Register, 1 or
more maps depicting the land identified under subsections (a)
and this subsection.
(4) Reclassification.--After providing an opportunity for
public comment, the Secretary of the Interior shall
administratively reclassify--
(A) the land described in subsection (a) as public domain
land that is not subject to section 201 of the Act of August
28, 1937 (43 U.S.C. 1181f); and
(B) the land described in this subsection as Oregon and
California Railroad Land that is subject to the Act of August
28, 1937 (43 U.S.C. 1181a et seq.).
SEC. 112. VALID EXISTING RIGHTS AND WITHDRAWAL.
(a) Valid Existing Rights.--Nothing in this Act affects any
valid existing right.
(b) Withdrawal.--Subject to valid rights existing on the
date of enactment of this Act, the Federal land referred to
in section 102 is withdrawn from all forms of--
(1) appropriation;
(2) disposal under public law;
(3) location, entry, and patent under mining law; and
(4) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
SEC. 113. MAINTENANCE AND REPLACEMENT OF FOOT BRIDGES IN
WILDERNESS AREAS.
(a) In General.--In the case of each wilderness area
designated or expanded by section 102, it is the intent of
Congress that the Secretary be able to provide for--
(1) the maintenance of any foot bridge crossing located in
a wilderness area; and
(2) when needed, the replacement of the foot bridge
crossings to ensure public access and safety.
(b) Minimum Tool Policies.--The Secretary shall carry out
foot bridge replacement work under subsection (a) in
accordance with the minimum tools policies of the Forest
Service.
SEC. 114. RICHARD L. KOHNSTAMM MEMORIAL AREA.
(a) Designation.--Certain Federal land managed by the
Forest Service, comprising approximately 30 acres, as
generally depicted on the map entitled ``Richard L. Kohnstamm
Memorial Area'', dated September 2006, and approximately 157
acres of designated wilderness, as generally depicted on the
map entitled ``Richard L. Kohnstamm Memorial Area'', dated
September 2006, shall be known and designated as the
``Richard L. Kohnstamm Wilderness''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to an
area described in subsection (a) shall be deemed to be a
reference to the Richard L. Kohnstamm Wilderness.
(c) Boundary.--
(1) In general.--The memorial area shall consist of land
located within the boundary depicted on the map entitled
``Richard L. Kohnstamm Memorial Area'', dated September 2006.
(2) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the Forest Service.
TITLE II--DESIGNATION OF STREAMS FOR WILD AND SCENIC RIVER PROTECTION
IN THE MOUNT HOOD AREA
SEC. 201. FINDING AND PURPOSE.
(a) Finding.--Congress finds that the addition of 81 miles
of waterways to the National Wild and Scenic River System in
the Mount Hood National Forest would increase the total
length of the portion of the National Wild and Scenic River
System that is located in the Mount Hood National Forest by
approximately 47 percent.
(b) Purpose.--The purpose of this title is to designate
approximately 81 miles of waterways in the Mount Hood
National Forest as additions to 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--
(1) by designating the undesignated paragraph relating to
the White Salmon River as paragraph (167); and
(2) by adding at the end the following:
``(168) Mount hood national forest, oregon.--The following
segments in the Mount Hood National Forest in the State of
Oregon, to be administered by the Secretary of Agriculture:
``(A) The 4.1-mile segment of the South Fork of the
Clackamas River from its confluence with the East Fork of the
South Fork of the Clackamas to the its confluence with the
Clackamas River, as a scenic river.
``(B) The 8.5-mile segment 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 T. 3 S., R. 6 E., sec. 20, as a wild river;
and
``(ii) the remaining 1.8-mile segment from that section
line, as a recreational river.
``(C) The 3.7-mile segment of the Middle Fork of the Hood
River from the confluence of Clear and Coe Branches to the
Mount Hood National Forest boundary of sec. 11 and 12 in T. 1
S., R. 9 and 10 E., as a scenic river.
``(D) The 4.6-mile segment of the South Fork Roaring River
from its headwaters to its confluence with Roaring River, as
a wild river.
``(E) The 4.3-mile segment of the Zig Zag River from its
headwaters to the Mount Hood Wilderness boundary, as a wild
river.
``(F) The 11.1-mile segment of Fifteenmile Creek from its
source at Senecal Spring to the Mount Hood National Forest
boundary, including--
``(i) the 2.6-mile segment from its source at Senecal
Spring to the Badger Creek Wilderness boundary, as a wild
river;
``(ii) the 0.4-mile segment from the Badger Creek
Wilderness boundary to the point 0.4 miles downstream, as a
scenic river;
``(iii) the 7.9-mile segment from the point 0.4 miles
downstream of the Badger Creek Wilderness boundary to the
western edge of sec. 20, T. 2 S., R. 12 E., WM, as a wild
river; and
``(iv) the 0.2-mile segment from the western edge of
section 20, T. 2 S., R. 12 E., WM to the Mount Hood National
Forest boundary, as a scenic river;
``(G) The 13.5-mile segment of the East Fork Hood River
from Oregon State Highway 35 to the Mount Hood National
Forest boundary, as a recreational river.
``(H) The 17.8-mile segment of the Collawash River from the
headwaters of the East Fork Collawash to the confluence with
the Clackamas River, of which--
``(i) the 11.0-mile segment from the headwaters of the East
Fork Collawash River to Buckeye Creek, as a scenic river; and
``(ii) the 6.8-mile segment from Buckeye Creek to the
Clackamas River, as a recreational river.
``(I) The 13.6-mile segment of Fish Creek from its
headwaters to the confluence with the Clackamas River, as a
recreational river.''.
SEC. 203. IMPACT ON WATER RIGHTS AND FLOW REQUIREMENTS.
(a) Relation to Existing Requirements.--Congress does not
intend for the designation of any portion of the Hood River
under section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)), as amended by this Act, to have any impact
on any water right or flow requirement relating to--
(1) the Middle Fork Irrigation District;
(2) the East Fork Irrigation District; or
(3) the Mt. Hood Meadows Ski Resort.
(b) Exclusion of Operational Areas.--Congress does not
intend for the designation of any portion of the Hood River
under section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)), as amended by this Act, to include any
portion of the operational area of--
(1) the Middle Fork Irrigation District;
(2) the East Fork Irrigation District; or
(3) the Mt. Hood Meadows Ski Resort.
TITLE III--MOUNT HOOD NATIONAL RECREATION AREA
SEC. 301. DESIGNATION.
(a) Designation.--The Mount Hood National Recreation Area
shall be known and designated as the ``Mount Hood National
Recreation Area''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Mount Hood National Recreation Area shall be deemed to be a
reference to the Mount Hood National Recreation Area.
(c) Boundary.--
(1) In general.--The Mount Hood National Recreation Area
shall consist of land located within the boundary depicted on
the map entitled ``Mount Hood National Recreation Area'',
dated September 2006.
(2) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the Forest Service and Bureau of Land Management.
(d) Administration.--The Secretary shall administer the
Mount Hood National Recreation Area in accordance with the
laws, rules, and regulations applicable to the national
forests for public outdoor recreation--
(1) in a manner that--
(A) protects and maintains--
(i) the diverse recreational opportunities of the Mount
Hood National Recreation Area for public use; and
(ii) fish and wildlife habitats;
(B) conserves the scenic, recreational, cultural,
scientific, spiritual, and other values
[[Page S9052]]
of the Mount Hood National Recreation Area that contribute to
the benefit of the public;
(C) preserves each feature and peculiarity of the Mount
Hood National Recreation Area believed to be biologically
significant, including--
(i) rare and endemic plant species;
(ii) rare combinations of aquatic, terrestrial, and
atmospheric habitats; and
(iii) rare combinations of outstanding and diverse
ecosystems and parts of associated ecosystems;
(D) protects archeological and paleontological sites and
interprets those sites for the benefit of the public;
(E) maintains and enhances the desired structural
components consistent with Standards and Guidelines of the
Northwest Forest Plan; and
(F) prevents any cutting, sale, or removal of timber except
where the cutting, sale, or removal of timber--
(i) improves the health of the forest and--
(I) maximizes the retention of large trees as appropriate
to the forest type, to the extent that those trees promote
stands that are fire-resilient and healthy;
(II) improves the habitats of threatened, endangered,
proposed, or sensitive species; and
(III) maintains or restores the composition and structure
of the ecosystem by reducing the risk of uncharacteristic
wildfire effects;
(ii) is incidental to the accomplishment of an approved
management activity not otherwise prohibited; or
(iii) is for personal or administrative use; and
(2) to prevent the new or temporary construction or
reconstruction of roads, except when the new or temporary
construction or reconstruction of roads is required--
(A) to protect the health and safety of individuals in
cases of an imminent threat of flood, fire, or any other
catastrophic event that, without intervention, would cause
the loss of life or property;
(B) to conduct environmental cleanup required by the
Federal Government;
(C) to allow for reserved or outstanding rights provided
for by a statute or treaty;
(D) to prevent irreparable resource damage by an existing
road;
(E) to rectify a hazardous road condition;
(F) as part of a Federal-aid highway project; or
(G) in conjunction with--
(i) the continuation, extension, or renewal of a mineral
lease on land that is under lease; or
(ii) a new mineral lease that is issued immediately after
the expiration of an existing mineral lease.
(e) Chainsaws.--The Secretary may use chainsaws to maintain
existing trails in the Mount Hood National Recreation Area.
TITLE IV--TRANSPORTATION AND COMMUNICATION SYSTEMS
SEC. 401. DEFINITION OF MOUNT HOOD REGION.
In this title, the term ``Mount Hood region'' means--
(1) Mount Hood and the other land located adjacent to the
mountain;
(2) any segment of the Oregon State Highway 26 corridor
that is located in or near Mount Hood National Forest;
(3) any segment of the Oregon State Highway 35 corridor
that is located in or near Mount Hood National Forest;
(4) each other road of the Forest Service, State, or county
that is located in and near Mount Hood National Forest; and
(5) any gateway community located adjacent to any highway
or road described in paragraph (2), (3), or (4).
SEC. 402. TRANSPORTATION PLAN.
(a) In General.--The Secretary shall collaborate with the
State to develop an integrated, multimodal transportation
plan for the Mount Hood region to achieve comprehensive
solutions to transportation challenges in the Mount Hood
region--
(1) to promote appropriate economic development;
(2) to preserve the landscape of the Mount Hood region; and
(3) to enhance public safety.
(b) Planning Process.--The transportation plan under
subsection (a) shall--
(1) conform with Federal and Oregon transportation planning
requirements; and
(2) be developed through 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 under
subsection (a) shall address issues relating to--
(1) the transportation of individuals to and from areas
outside the Mount Hood region on major corridors traversing
that region; and
(2) the transportation of individuals to and from locations
that are located within the Mount Hood region.
(d) Contents of Plan.--At a minimum, the transportation
plan under subsection (a) shall consider--
(1) transportation alternatives between and among
recreation areas and gateway communities that are located
within the Mount Hood region;
(2) establishing park-and-ride facilities that shall be
located at gateway communities;
(3) establishing intermodal transportation centers to link
public transportation, parking, and recreation destinations;
(4) creating a new interchange on Oregon State Highway 26
that shall be located adjacent to or within Government Camp;
(5) designating, maintaining, and improving alternative
routes using Forest Service or State roads for--
(A) providing emergency routes; or
(B) improving access to, and travel within, the Mount Hood
region;
(6) reconstructing the segment of Oregon State Highway 35
that is located between Mineral Creek and Baseline Road to
address ongoing debris flow locations; and
(7) creating mechanisms for funding the implementation of
the transportation plan under subsection (a), including--
(A) funds provided by the Federal Government;
(B) public-private partnerships;
(C) incremental tax financing; and
(D) other financing tools that link transportation
infrastructure improvements with development.
(e) Completion of Plan.--Not later than 2 years after the
date on which funds are first made available to carry out
this section, the Secretary shall complete the transportation
plan under subsection (a).
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $2,000,000.
SEC. 403. STUDY RELATING TO GONDOLA CONNECTION AND INTERMODAL
TRANSPORTATION CENTER.
(a) Feasibility Study.--The Secretary shall carry out a
study of the feasibility of establishing--
(1) a gondola connection that--
(A) connects Timberline Lodge to Government Camp; and
(B) is located in close proximity to the site of the
historic gondola corridor; and
(2) an intermodal transportation center to be located in
close proximity to Government Camp.
(b) Consideration of Multiple Sites.--In carrying out the
feasibility study under subsection (a), the Secretary may
consider 1 or more sites.
SEC. 404. BURIAL OF POWER LINES.
Because of the incongruent presence of power lines adjacent
to or within wilderness areas, the Secretary may provide to
Cascade Locks and Hood River County $3,200,000 through the
Forest Service State and Private Forestry program to bury
ground power lines adjacent to or within Mount Hood
Wilderness areas, including wilderness areas designated by
this Act.
SEC. 405. CULVERT REPLACEMENT.
(a) In General.--The Secretary may provide $1,000,000 to
Clackamas County to replace or remove culverts on the wild
and scenic river segments in Clackamas County, Oregon,
designated by title II.
(b) Limitation.--Culvert replacement carried out by the
Forest Service and Clackamas County to improve fish passage
and the ecology of the wilderness designated by this Act
shall not be considered water and resource development.
SEC. 406. CLARIFICATION OF TREATMENT OF STATE HIGHWAYS.
(a) Exclusion.--Any part of Oregon State Highway 35 or
other any other State highway in existence on the date of
enactment of this Act (including all existing rights-of-way
and 150 feet on each side of the centerline, whichever is
greater, that is adjacent to or within wilderness areas in
the Mount Hood National Forest, including wilderness areas
designated by this Act) shall be excluded from wilderness
under this Act.
(b) No Net Effect.--The designation of wilderness or wild
and scenic rivers under this Act or an amendment made by this
Act shall not limit or restrict the ability of the State--
(1) to operate, maintain, repair, reconstruct, protect, or
make any other improvement to Oregon State Highway 35 or any
other State highway in existence on the date of enactment of
this Act;
(2) to use any site that is not within a highway right-of-
way to operate, maintain, repair, reconstruct, protect, or
make any other improvement to those highways; or
(3) to take any action outside of a highway right-of-way
that is necessary to operate, maintain, repair, reconstruct,
protect, or make any other improvement to those highways.
(c) Flood Plain.--Congress encourages the carrying out of
projects that will reduce the impact of Oregon State Highway
35 on the flood plain of the East Fork Hood River.
TITLE V--LAND EXCHANGE
Subtitle A--Cooper Spur-Government Camp Land Exchange
SEC. 501. 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 502.
SEC. 502. COOPER SPUR-GOVERNMENT CAMP LAND EXCHANGE.
(a) Conveyance Required.--With the exception if the
Retained Conservation and Trail Easements under subsection
(j), the Secretary shall convey to Mt. Hood Meadows Oreg.,
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 September
[[Page S9053]]
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) Appraisals.--
(1) In general.--The values of the lands to be exchanged
under this Act shall be determined by appraisals using
nationally recognized appraisal standards, including as
appropriate--
(A) the Uniform Appraisal Standards for Federal Land
Acquisitions (1992); and
(B) the Uniform Standards of Professional Appraisal
Practice.
(2) Existing appraisals.--The Secretary shall review the
appraisals of the land and other property to be conveyed
under subsections (a) and (b) performed in 2005 by Appraiser
Steven A. Hall, MAI, CCIM, for accuracy and compliance with
paragraph (1). If the Secretary determines that the
appraisals are accurate and meet the requirements of
paragraph (1), then the Secretary may approve the appraisals.
(3) Treatment of excess consideration.--Should the
appraisal determine a difference in values between the
properties exchanged, in favor of the government, excess
value donated to the United States will not be deemed a
donation for tax purposes. Donation of non-federal land may
exceed 25% of the value of the federal land.
(d) 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, the
County and Mt. Hood Meadows Oreg., Limited Partnership. 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)).
(e) 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).
(f) 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.
(g) 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.
(h) 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.
(i) 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.
(j) Retained Conservation and Trail Easements.--In
conjunction with the conveyance of title to Mt. Hood Meadows,
the Secretary of Agriculture shall reserve a Conservation
Easement to protect existing wetlands on the conveyed
parcels, as determined by the Oregon Department of State
Lands. Alternative equivalent wetland mitigation measures
shall be allowed to compensate for minor wetland
encroachments necessary for the orderly development of the
parcels. In addition, the Secretary of Agriculture shall
reserve a Trail Easement which allows the non-motorized
functional use by the public of identified existing trails
located on the conveyed parcels as depicted on the map
entitled ``Government Camp Trail Map'' and dated September
2006 as such trails may be improved or relocated to
accommodate development of the property. The Trail Easement
shall provide that roads, utilities and infrastructure
facilities may cross such trails.
Subtitle B--Other Land Exchanges
SEC. 511. 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. 512. 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
[[Page S9054]]
this section and complete the closing of the land exchange
not later than 16 months after the date of the enactment of
this Act.
TITLE VI--MOUNT HOOD NATIONAL FOREST AND WATERSHED STEWARDSHIP
SEC. 601. 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. 602. 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 will include peer
reviewed 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 1 year after the date
of enactment of this Act.
(d) Duration of Study.--The assessment shall cover a 10-
year period.
(e) Implementation.--Not later than 1 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 et seq.) 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. 603. 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, or pulp for paper; or
(3) other commercial purposes.
(b) Definition.--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. 604. 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 1 joint public meeting before completing
a final draft of the memorandum of understanding.
(3) Public comment.--A draft memorandum of understanding
shall also be open to public comment before being finalized.
SEC. 605. TERMINATION OF AUTHORITY.
The authority provided by this title shall terminate on the
date that is 10 years after the date of enactment of this
Act.
TITLE VII--CRYSTAL SPRINGS WATERSHED SPECIAL RESOURCES MANAGEMENT UNIT
SEC. 701. 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. 702. ESTABLISHMENT OF CRYSTAL SPRINGS WATERSHED SPECIAL
RESOURCES MANAGEMENT UNIT.
(a) Establishment.--Effective as provided by section 705,
the Secretary of Agriculture shall establish a special
resources management unit in the State 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
705, 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. 703. 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 705, within their
existing and historic footprints or at an alternative
location; and
(B) develop new footpaths or cross-county skiing trails in
the Management Unit.
[[Page S9055]]
(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 705,
within their existing and designated footprints to 1 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 705 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.--To protect the water quality, water quantity,
scenic, cultural, historic, natural, and wildlife values of
the Management Unit, 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 late
successional forest structure characterized by large trees
and multi-storied canopies (where ecologically appropriate)
and the protection of the water quality, water quantity,
scenic, cultural, historic, natural, and wildlife values of
the Management Unit.
(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 by-products 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 9 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. 704. ACQUISITION OF LANDS.
(a) Acquisition Authority.--The Secretary of Agriculture
may acquire from willing landowners any lands located in the
Crystal Springs Zone of Contribution within the boundaries of
Mount Hood National Forest. Lands so acquired shall
automatically be added to the Management Unit.
(b) Prohibition on Subsequent Conveyance.--The Secretary
may not sell, trade, or otherwise transfer ownership of any
land within the Management Unit, including any of the land
acquired under subsection (a) or received by the Secretary as
part of the Cooper Spur-Government Camp land exchange
authorized by subtitle A of title VIII and included within
the Management Unit, to any person.
SEC. 705. 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 VIII--LOCAL AND TRIBAL RELATIONSHIPS
SEC. 801. 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 and local governments in
management of issues dealing with natural and developed
environments in the vicinity of the national forest.
SEC. 802. 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) Definition.--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. 803. FOREST SERVICE COORDINATION WITH STATE AND LOCAL
GOVERNMENTS.
Congress encourages the Secretary of Agriculture to
cooperate with the State, 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. 804. 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. 805. IMPROVED NATURAL DISASTER PREPAREDNESS.
(a) Imposition of Standards.--New development occurring on
land conveyed by the Secretary of Agriculture under title V
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 1 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 V,
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 or political subdivisions of the State. This
section shall not be construed to limit the power of the
State or a political subdivision of the State to implement or
enforce any law, rule, regulation, or standard concerning
fire prevention and control.
[[Page S9056]]
(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 V.
TITLE IX--RECREATION
SEC. 901. 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. 902. 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-d), 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 6 months after the date of 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 903. 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 903.
(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 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. 903. 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
902(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 (42 U.S.C. 4321 et seq.) 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 905.
(b) Allocation Requirements.--Of the total funds received
by the Secretary of Agriculture from the special account
under section 902(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. 904. 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 902(c) for the preceding fiscal
year;
(2) how the funds were allocated and expended; and
(3) the results from such expenditures.
SEC. 905. 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 902 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 903(a);
(2) propose projects under section 903(a) to the Secretary;
(3) recommend the amount of funds from the special account
established under section 902 to be used to fund projects
under section 903; 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
903(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 3 years beginning
on the date of appointment. A member may be reappointed to
subsequent 3-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 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 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.
(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 1 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
5 percent of the funds allocated under section 903(b) 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 enactment of this Act.
SEC. 906. 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 enactment of this Act for closure
and decommissioning, but have not yet been decommissioned,
should be converted to recreational
[[Page S9057]]
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 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. 907. 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 902 to carry
out this section.
TITLE X--AUTHORIZATION OF APPROPRIATIONS
SEC. 1001. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this Act.
______
By Mr. MENENDEZ (for himself, Mr. Ensign, and Mr. Lautenberg):
S. 3856. A bill to authorize Congress to award a gold medal to Jerry
Lewis, in recognition of his outstanding service to the Nation; to the
Committee on Banking, Housing, and Urban Affairs.
Mr. MENENDEZ. Mr. President, I rise today with my colleagues Senator
Ensign and Senator Lautenberg to introduce legislation to award Jerry
Lewis with the Congressional Gold Medal of Honor. This well-deserved
recognition pays tribute to the many outstanding and enduring
contributions Jerry Lewis has made throughout his career.
Born in 1926 in Newark, NJ, this gifted comedian has been a fixture
in the entertainment community for more than five decades keeping
spirits high and Americans laughing during some of the most turbulent
periods in our history--World War II, the Cold War, and the
assassinations of President John F. Kennedy and Dr. Martin Luther King
Jr. But in addition to his comic persona, Lewis is also an active
champion of charitable causes with an undying commitment to finding a
cure for muscular dystrophy. Mr. Lewis has served for five decades as
the National Chairman of the Muscular Dystrophy Association, which is
an incredible organization dedicated to making a difference in the
lives of countless families dealing with the challenges associated with
muscular dystrophy. Forty years ago, he began the ``Jerry Lewis MDA
Labor Day Telethon,'' an annual television program that benefits
children and adults affected by muscular dystrophy and related
neuromuscular diseases. This year, Mr. Lewis achieved an amazing
accomplishment. His annual Labor Day telethon raised a record $61
million to fight this disease.
In September of 1976, this great body adopted a resolution expressing
their appreciation of Jerry Lewis' philanthropic endeavors, in
particular, his fight to find a cure for muscular dystrophy. Today, I
believe a fitting accolade to this larger than life individual would be
for him to join the ranks of distinguished Congressional Gold Medal
recipients. I urge my colleagues to join me in congratulating Jerry
Lewis, supporting the fight to end muscular dystrophy, and co-
sponsoring this important legislation.
______
By Mr. SMITH (for himself and Mrs. Lincoln):
S. 3857. A bill to amend the Internal Revenue Code of 1986 to provide
incentives to small businesses; to the Committee on Finance.
Mr. SMITH. Mr. President, I rise today to introduce the ``Bringing
Opportunity to Our Small Business Taxpayers Act,'' or ``BOOST Act.'' I
am pleased to be joined by my colleague Senator Blanche Lincoln of
Arkansas.
Small businesses represent over 99 percent of all employers and
create approximately three-fourths of the new jobs added to the
economy. The approximately 23 million small businesses truly are the
backbone of our economy.
However, this important engine of job creation and growth for our
economy is subjected to unnecessary and unfair financial burdens
inflicted by Federal tax policy and other laws. My bill will extend
expensing provisions, eliminate tax inequities and encourage retirement
plans for small businesses, as well as provide a health insurance tax
deduction for the self-employed.
Current law allows small businesses to expense up to $100,000 of the
cost of property per year and invest up to $400,000 per year and still
be eligible for expensing. My bill will make these expensing
provisions, which are set to expire in 2009, permanent.
My legislation also addresses inequitable provisions in the law that
affect the approximately 3.2 million S-corporations in the United
States. Today, businesses that convert from C-corporation to S-
corporation status are penalized for a period of ten years if they sell
assets that were held prior to the conversion, even if the proceeds are
driven right back into the business. By reducing the holding period
subjected to built-in gains tax from ten years to seven years, S-
corporations will be able to unload unneeded assets and improve cash
flow and create more jobs.
Known as the ``sting tax,'' S-corporations that have converted from
C-corporation status are taxed at the maximum corporate tax rate for
passive investment income in excess of 25 percent of their gross
receipts. This law is burdensome and unfair and needs to be revised. My
bill will decrease the amount of income subjected to the tax. The
adjustment will relieve S-corporations from an unnecessary tax burden
and level the playing field with C-corporations and LLCs.
Saving for retirement is important for all Americans and access to
retirement plans is critical in order to build wealth for an
individual's golden years. Unfortunately, high costs and taxes
discourage many small businesses from providing retirement plans to
their employees. Through tax equity and tax credit measures, my bill
encourages small businesses to offer retirement benefits to employees
so they will have the necessary tools to prepare for their financial
future.
I look forward to working with my colleagues on issues affecting
small businesses and urge their support of my legislation.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3857
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bringing Opportunities to
Our Small Business Taxpayers Act'' or ``BOOST Act''.
TITLE I--TAX FAIRNESS FOR SMALL BUSINESSES
SEC. 101. PERMANENT EXTENSION OF EXPENSING FOR SMALL
BUSINESSES.
(a) Dollar Limitation.--Paragraph (1) of section 179(b) of
the Internal Revenue Code of 1986, as amended by the Tax
Increase Prevention and Reconciliation Act of 2005, is
amended by striking ``$25,000 ($100,000 in the case of
taxable years beginning after 2002 and before 2010)'' and
inserting ``$100,000''.
(b) Reduction in Limitation.--Paragraph (2) of section
179(b) of such Code, as amended by the Tax Increase
Prevention and Reconciliation Act of 2005, is amended by
striking ``$200,000 ($400,000 in the case of taxable years
beginning after 2002 and before 2010)'' and inserting
``$400,000''.
(c) Inflation Adjustments.--Subparagraph (A) of section
179(b)(5) of such Code, as amended by the Tax Increase
Prevention and Reconciliation Act of 2005, is amended by
striking ``and before 2010''.
[[Page S9058]]
(d) Election.--Paragraph (2) of section 179(c) of such
Code, as amended by the Tax Increase Prevention and
Reconciliation Act of 2005, is amended by striking ``and
before 2010''.
(e) Computer Software.--Clause (ii) of section
179(d)(1)(A), as amended by the Tax Increase Prevention and
Reconciliation Act of 2005, is amended by striking ``and
before 2010''.
SEC. 102. MODIFICATION OF CONSTRUCTION CONTRACTS EXCEPTION TO
PERCENTAGE OF COMPLETION METHOD OF ACCOUNTING.
(a) In General.--Clause (ii) section 460(e)(1)(B) of the
Internal Revenue Code of 1986 is amended by striking
``$10,000,000'' and inserting ``$25,000,000''.
(b) Effective Date.--The amendments made by this section
shall apply to contracts entered into after the date of the
enactment of this Act.
SEC. 103. MODIFICATION OF LOOK-BACK METHOD FOR CERTAIN
CONSTRUCTION CONTRACTS.
(a) In General.--Subparagraph (B) of section 460(b)(3) of
the Internal Revenue Code of 1986 is amended to read as
follows:
``(B) Look-back method not to apply to certain contracts.--
Paragraph (1)(B) shall not apply to--
``(i) any construction contract which is--
``(I) entered into by a taxpayer whose average annual gross
receipts for the 3 taxable years preceding the taxable year
in which such contract is completed do not exceed
$25,000,000, and
``(II) completed within 3 years of the contract
commencement date, or
``(ii) any other contract--
``(I) the gross price of which (as of the completion of the
contract) does not exceed the lesser of $1,000,000 or 1
percent of the average annual gross receipts of the taxpayer
for the 3 taxable years preceding the taxable year in which
the contract was completed, and
``(II) which is completed within 2 years of the contract
commencement date.
For purposes of this subparagraph, rules similar to the rules
of subsections (e)(2) and (f)(3) shall apply.''.
(b) Effective Date.--The amendments made by this section
shall apply to contracts completed in taxable years ending
after the date of the enactment of this Act.
SEC. 104. USE OF CASH METHOD OF ACCOUNTING FOR CERTAIN SMALL
BUSINESSES.
(a) In General.--Section 446 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(g) Use of Cash Method of Accounting by Certain
Taxpayers.--
``(1) In general.--Notwithstanding section 471 and subject
to such regulations as the Secretary may provide, a
qualifying small business taxpayer may use the cash receipts
and disbursements method of accounting.
``(2) Qualifying small business taxpayer.--For purposes of
this subsection, the term `qualifying small business
taxpayer' means a taxpayer which--
``(A) meets the gross receipts test under section 448(c)
(determined by substituting `$10,000,000' for `$5,000,000'
each place it appears therein),
``(B) is not prohibited from using the cash receipts and
disbursement method of accounting under section 448, and
``(C) meets the requirements described in section 4.01 of
Revenue Procedure 2002-28.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
TITLE II--S CORPORATION PARITY
SEC. 201. REDUCED RECOGNITION PERIOD FOR BUILT-IN GAINS.
(a) In General.--Paragraph (7) of section 1374(d) of the
Internal Revenue Code of 1986 (relating to definitions and
special rules) is amended to read as follows:
``(7) Recognition period.--The term `recognition period'
means the 7-year period beginning with the 1st day of the 1st
taxable year for which the corporation was an S corporation.
For purposes of applying this section to any amount
includible in income by reason of distributions to
shareholders pursuant to section 593(e), the preceding
sentence shall be applied without regard to the duration of
the recognition period in effect on the date of such
distribution.''.
(b) Effective Date.--
(1) General rule.--The amendment made by this section shall
apply to any recognition period in effect on or after the
date of the enactment of this Act.
(2) Special application to existing periods exceeding 7
years.--Any recognition period in effect on the date of the
enactment of this Act, the length of which is greater than 7
years, shall end on such date.
SEC. 202. MODIFICATION TO S CORPORATION PASSIVE INVESTMENT
INCOME RULES.
(a) Increased Percentage Limit.--Paragraph (2) of section
1375(a) of the Internal Revenue Code of 1986 is amended by
striking ``25 percent'' and inserting ``60 percent''.
(b) Repeal of Excessive Passive Investment Income as a
Termination Event.--
(1) In general.--Section 1362(d) of the Internal Revenue
Code of 1986 is amended by striking paragraph (3).
(2) Conforming amendment.--Subsection (b) of section 1375
of such Code is amended by striking paragraphs (3) and (4)
and inserting the following new paragraph:
``(3) Passive investment income defined.--
``(A) In general.--Except as otherwise provided in this
paragraph, the term `passive investment income' means gross
receipts derived from royalties, rents, dividends, interest,
and annuities.
``(B) Exception for interest on notes from sales of
inventory.--The term `passive investment income' shall not
include interest on any obligation acquired in the ordinary
course of the corporation's trade or business from its sale
of property described in section 1221(a)(1).
``(C) Treatment of certain lending or finance companies.--
If the S corporation meets the requirements of section
542(c)(6) for the taxable year, the term `passive investment
income' shall not include gross receipts for the taxable year
which are derived directly from the active and regular
conduct of a lending or finance business (as defined in
section 542(d)(1)).
``(D) Treatment of certain dividends.--If an S corporation
holds stock in a C corporation meeting the requirements of
section 1504(a)(2), the term `passive investment income'
shall not include dividends from such C corporation to the
extent such dividends are attributable to the earnings and
profits of such C corporation derived from the active conduct
of a trade or business.
``(E) Exception for banks, etc.--In the case of a bank (as
defined in section 581), a bank holding company (within the
meaning of section 2(a) of the Bank Holding Company Act of
1956 (12 U.S.C. 1841(a))), or a financial holding company
(within the meaning of section 2(p) of such Act (12 U.S.C.
1841(p))), the term `passive investment income' shall not
include--
``(i) interest income earned by such bank or company, or
``(ii) dividends on assets required to be held by such bank
or company, including stock in the Federal Reserve Bank, the
Federal Home Loan Bank, or the Federal Agricultural Mortgage
Bank or participation certificates issued by a Federal
Intermediate Credit Bank.
``(F) Coordination with section 1374.--The amount of
passive investment income shall be determined by not taking
into account any recognized built-in gain or loss of the S
corporation for any taxable year in the recognition period.
Terms used in the preceding sentence shall have the same
respective meanings as when used in section 1374.''.
(c) Other Conforming Amendments.--
(1) Subparagraph (J) of section 26(b)(2) of the Internal
Revenue Code of 1986 is amended by striking ``25 percent''
and inserting ``60 percent''.
(2) Clause (i) of section 1042(c)(4)(A) of such Code is
amended by striking ``section 1362(d)(3)(C)'' and inserting
``section 1375(b)(3)''.
(3) Subparagraph (B) of section 1362(f)(1) of such Code is
amended by striking ``or (3)''.
(4) Clause (i) of section 1375(b)(1)(A) of such Code is
amended by striking ``25 percent'' and inserting ``60
percent''.
(5) The heading for section 1375 of such Code is amended by
striking ``25 percent'' and inserting ``60 percent''.
(6) The item relating to section 1375 in the table of
sections for part III of subchapter S of chapter 1 of such
Code is amended by striking ``25 percent'' and inserting ``60
percent''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
SEC. 203. NONRESIDENT ALIENS ALLOWED TO BE SHAREHOLDERS.
(a) Nonresident Aliens Allowed to Be Shareholders.--
(1) In general.--Paragraph (1) of section 1361(b) of the
Internal Revenue Code of 1986 (defining small business
corporation) is amended--
(A) by adding ``and'' at the end of subparagraph (B),
(B) by striking subparagraph (C), and
(C) by redesignating subparagraph (D) as subparagraph (C).
(2) Conforming amendments.--
(A) Paragraph (4) and (5)(A) of section 1361(c) of such
Code (relating to special rules for applying subsection (b))
are each amended by striking ``subsection (b)(1)(D)'' and
inserting ``subsection (b)(1)(C)''.
(B) Clause (i) of section 280G(b)(5)(A) of such Code
(relating to general rule for exemption for small business
corporations, etc.) is amended by striking ``but without
regard to paragraph (1)(C) thereof''.
(b) Nonresident Alien Shareholder Treated as Engaged in
Trade or Business Within United States.--
(1) In general.--Section 875 of the Internal Revenue Code
of 1986 is amended--
(A) by striking ``and'' at the end of paragraph (1),
(B) by striking the period at the end of paragraph (2) and
inserting ``, and'', and
(C) by adding at the end the following new paragraph:
``(3) a nonresident alien individual shall be considered as
being engaged in a trade or business within the United States
if the S corporation of which such individual is a
shareholder is so engaged.''.
(2) Pro rata share of s corporation income.--The last
sentence of section 1441(b) of such Code (relating to income
items) is amended to read as follows: ``In the case of a
nonresident alien individual who is a member of a domestic
partnership or a shareholder of an S corporation, the items
of income referred to in subsection (a) shall be treated as
referring to items specified in this subsection included in
his distributive share of the income of such partnership or
in his
[[Page S9059]]
pro rata share of the income of such S corporation.''.
(3) Application of withholding tax on nonresident alien
shareholders.--Section 1446 of such Code (relating to
withholding tax on foreign partners' share of effectively
connected income) is amended by redesignating subsection (f)
as subsection (g) and by inserting after subsection (e) the
following new subsection:
``(f) S Corporation Treated as Partnership, etc.--For
purposes of this section--
``(1) an S corporation shall be treated as a partnership,
``(2) the shareholders of such corporation shall be treated
as partners of such partnership,
``(3) any reference to section 704 shall be treated as a
reference to section 1366, and
``(4) no withholding tax under subsection (a) shall be
required in the case of any income realized by such
corporation and allocable to a shareholder which is an
electing small business trust (as defined in section
1361(e)).''.
(4) Conforming amendments.--
(A) The heading of section 875 of such Code is amended to
read as follows:
``SEC. 875. PARTNERSHIPS; BENEFICIARIES OF ESTATES AND
TRUSTS; S CORPORATIONS.''.
(B) The heading of section 1446 of such Code is amended to
read as follows:
``SEC. 1446. WITHHOLDING TAX ON FOREIGN PARTNERS' AND S
CORPORATION SHAREHOLDERS' SHARE OF EFFECTIVELY
CONNECTED INCOME.''.
(5) Clerical amendments.--
(A) The item relating to section 875 in the table of
sections for subpart A of part II of subchapter N of chapter
1 of such Code is amended to read as follows:
``Sec. 875. Partnerships; beneficiaries of estates and trusts; S
corporations''.
(B) The item relating to section 1446 in the table of
sections for subchapter A of chapter 3 of such Code is
amended to read as follows:
``Sec. 1446. Withholding tax on foreign partners' and S corporation
shareholders' share of effectively connected income''.
(C) Permanent establishment of partners and s corporation
shareholders.--Section 894 of such Code (relating to income
affected by treaty) is amended by redesignating subsection
(c) as subsection (d) and by inserting after subsection (b)
the following new subsection:
``(c) Permanent Establishment of Partners and S Corporation
Shareholders.--If a partnership or S corporation has a
permanent establishment in the United States (within the
meaning of a treaty to which the United States is a party) at
any time during a taxable year of such entity, a nonresident
alien individual or foreign corporation which is a partner in
such partnership, or a nonresident alien individual who is a
shareholder in such S corporation, shall be treated as having
a permanent establishment in the United States for purposes
of such treaty.''.
(c) Application of Other Withholding Tax Rules on
Nonresident Alien Shareholders.--
(1) Section 1441.--Section 1441 of the Internal Revenue
Code of 1986 (relating to withholding of tax on nonresident
aliens) is amended by redesignating subsection (g) as
subsection (h) and by inserting after subsection (f) the
following new subsection:
``(g) S Corporation Treated as Partnership, etc.--For
purposes of this section--
``(1) an S corporation shall be treated as a partnership,
``(2) the shareholders of such corporation shall be treated
as partners of such partnership, and
``(3) no deduction or withholding under subsection (a)
shall be required in the case of any item of income realized
by such corporation and allocable to a shareholder which is
an electing small business trust (as defined in section
1361(e)).''.
(2) Section 1445.--Section 1445(e) of such Code (relating
to special rules relating to distributions, etc., by
corporations, partnerships, trusts, or estates) is amended by
redesignating paragraph (6) as paragraph (7) and by inserting
after paragraph (5) the following new paragraph:
``(6) S corporation treated as partnership, etc.--For
purposes of this section--
``(A) an S corporation shall be treated as a partnership,
and
``(B) the shareholders of such corporation shall be treated
as partners of such partnership, and
``(C) no deduction or withholding under subsection (a)
shall be required in the case of any gain realized by such
corporation and allocable to a shareholder which is an
electing small business trust (as defined in section
1361(e)).''.
(d) Additional Conforming Amendments.--
(1) Section 1361(c)(2)(A)(i) of the Internal Revenue Code
of 1986 is amended by striking ``who is a citizen or resident
of the United States''.
(2) Section 1361(d)(3)(B) of such Code is amended by
striking ``who is a citizen or resident of the United
States''.
(3) Section 1361(e)(2) of such Code is amended by inserting
``(including a nonresident alien)'' after ``person'' the
first place it appears.
(e) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
SEC. 204. EXPANSION OF S CORPORATION ELIGIBLE SHAREHOLDERS TO
INCLUDE IRAS.
(a) In General.--Clause (vi) of section 1361(c)(2)(A) of
the Internal Revenue Code of 1986 (relating to certain trusts
permitted as shareholders) is amended to read as follows:
``(vi) A trust which constitutes an individual retirement
account under section 408(a), including one designated as a
Roth IRA under section 408A.''.
(b) Sale of Stock in IRA Relating to S Corporation Election
Exempt From Prohibited Transaction Rules.--Paragraph (16) of
section 4975(d) of the Internal Revenue Code of 1986
(relating to exemptions) is amended to read as follows:
``(16) a sale of stock held by a trust which constitutes an
individual retirement account under section 408(a) to the
individual for whose benefit such account is established if--
``(A) such sale is pursuant to an election under section
1362(a) by the issuer of such stock,
``(B) such sale is for fair market value at the time of
sale (as established by an independent appraiser) and the
terms of the sale are otherwise at least as favorable to such
trust as the terms that would apply on a sale to an unrelated
party,
``(C) such trust does not pay any commissions, costs, or
other expenses in connection with the sale, and
``(D) the stock is sold in a single transaction for cash
not later than 120 days after the S corporation election is
made.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
TITLE III--PENSION PLAN INCENTIVES AND PARITY
SEC. 301. CREDIT FOR QUALIFIED PENSION PLAN CONTRIBUTIONS OF
SMALL EMPLOYERS.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
business related credits) is amended by adding at the end the
following new section:
``SEC. 45N. SMALL EMPLOYER PENSION PLAN CONTRIBUTIONS.
``(a) General Rule.--For purposes of section 38, in the
case of an eligible employer, the small employer pension plan
contribution credit determined under this section for any
taxable year is an amount equal to 50 percent of the amount
which would (but for subsection (f)(1)) be allowed as a
deduction under section 404 for such taxable year for
qualified employer contributions made to any qualified
retirement plan on behalf of any employee who is not a highly
compensated employee.
``(b) Credit Limited to 3 Years.--The credit allowable by
this section shall be allowed only with respect to the period
of 3 taxable years beginning with the first taxable year for
which a credit is allowable with respect to a plan under this
section.
``(c) Qualified Employer Contribution.--For purposes of
this section--
``(1) Defined contribution plans.--In the case of a defined
contribution plan, the term `qualified employer contribution'
means the amount of nonelective and matching contributions to
the plan made by the employer on behalf of any employee who
is not a highly compensated employee to the extent such
amount does not exceed 3 percent of such employee's
compensation from the employer for the year.
``(2) Defined benefit plans.--In the case of a defined
benefit plan, the term `qualified employer contribution'
means the amount of employer contributions to the plan made
on behalf of any employee who is not a highly compensated
employee to the extent that the accrued benefit of such
employee derived from employer contributions for the year
does not exceed the equivalent (as determined under
regulations prescribed by the Secretary and without regard to
contributions and benefits under the Social Security Act) of
3 percent of such employee's compensation from the employer
for the year.
``(d) Qualified Retirement Plan.--
``(1) In general.--The term `qualified retirement plan'
means any plan described in section 401(a) which includes a
trust exempt from tax under section 501(a) if the plan
meets--
``(A) the contribution requirements of paragraph (2),
``(B) the vesting requirements of paragraph (3), and
``(C) the distribution requirements of paragraph (4).
``(2) Contribution requirements.--
``(A) In general.--The requirements of this paragraph are
met if, under the plan--
``(i) the employer is required to make nonelective
contributions of at least 1 percent of compensation (or the
equivalent thereof in the case of a defined benefit plan) for
each employee who is not a highly compensated employee who is
eligible to participate in the plan, and
``(ii) allocations of nonelective employer contributions,
in the case of a defined contribution plan, are either in
equal dollar amounts for all employees covered by the plan or
bear a uniform relationship to the total compensation, or the
basic or regular rate of compensation, of the employees
covered by the plan (and an equivalent requirement is met
with respect to a defined benefit plan).
[[Page S9060]]
``(B) Compensation limitation.--The compensation taken into
account under subparagraph (A) for any year shall not exceed
the limitation in effect for such year under section
401(a)(17).
``(3) Vesting requirements.--The requirements of this
paragraph are met if the plan satisfies the requirements of
either of the following subparagraphs:
``(A) 3-year vesting.--A plan satisfies the requirements of
this subparagraph if an employee who has completed at least 3
years of service has a nonforfeitable right to 100 percent of
the employee's accrued benefit derived from employer
contributions.
``(B) 5-year graded vesting.--A plan satisfies the
requirements of this subparagraph if an employee has a
nonforfeitable right to a percentage of the employee's
accrued benefit derived from employer contributions
determined under the following table:
The nonforfeitable
``Years of service: percentage is:
1.............................................................20 ....
2.............................................................40 ....
3.............................................................60 ....
4.............................................................80 ....
5............................................................100.....
``(4) Distribution requirements.--In the case of a profit-
sharing or stock bonus plan, the requirements of this
paragraph are met if, under the plan, qualified employer
contributions are distributable only as provided in section
401(k)(2)(B).
``(e) Other Definitions.--For purposes of this section--
``(1) Eligible employer.--
``(A) In general.--The term `eligible employer' means, with
respect to any year, an employer which has no more than 25
employees who received at least $5,000 of compensation from
the employer for the preceding year.
``(B) Requirement for new qualified employer plans.--Such
term shall not include an employer if, during the 3-taxable
year period immediately preceding the 1st taxable year for
which the credit under this section is otherwise allowable
for a qualified employer plan of the employer, the employer
or any member of any controlled group including the employer
(or any predecessor of either) established or maintained a
qualified employer plan with respect to which contributions
were made, or benefits were accrued, for substantially the
same employees as are in the qualified employer plan.
``(2) Highly compensated employee.--The term `highly
compensated employee' has the meaning given such term by
section 414(q) (determined without regard to section
414(q)(1)(B)(ii)).
``(f) Special Rules.--
``(1) Disallowance of deduction.--No deduction shall be
allowed for that portion of the qualified employer
contributions paid or incurred for the taxable year which is
equal to the credit determined under subsection (a).
``(2) Election not to claim credit.--This section shall not
apply to a taxpayer for any taxable year if such taxpayer
elects to have this section not apply for such taxable year.
``(3) Aggregation rules.--All persons treated as a single
employer under subsection (a) or (b) of section 52, or
subsection (n) or (o) of section 414, shall be treated as one
person. All eligible employer plans shall be treated as 1
eligible employer plan.
``(g) Recapture of Credit on Forfeited Contributions.--
``(1) In general.--Except as provided in paragraph (2), if
any accrued benefit which is forfeitable by reason of
subsection (d)(3) is forfeited, the employer's tax imposed by
this chapter for the taxable year in which the forfeiture
occurs shall be increased by 35 percent of the employer
contributions from which such benefit is derived to the
extent such contributions were taken into account in
determining the credit under this section.
``(2) Reallocated contributions.--Paragraph (1) shall not
apply to any contribution which is reallocated by the
employer under the plan to employees who are not highly
compensated employees.''.
(b) Credit Allowed as Part of General Business Credit.--
Section 38(b) of the Internal Revenue Code of 1986 (defining
current year business credit) is amended by striking ``plus''
at the end of paragraph (29), by striking the period at the
end of paragraph (30) and inserting ``, plus'', and by adding
at the end the following new paragraph:
``(31) in the case of an eligible employer (as defined in
section 45E(e)), the small employer pension plan contribution
credit determined under section 45M(a).''
(c) Conforming Amendments.--
(1) Subsection (c) of section 196 of the Internal Revenue
Code of 1986 is amended by striking ``and'' at the end of
paragraph (12), by striking the period at the end of
paragraph (13) and inserting ``, and'', and by adding at the
end the following new paragraph:
``(14) the small employer pension plan contribution credit
determined under section 45E(a).''
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45M. Small employer pension plan contributions''
(d) Effective Date.--The amendments made by this section
shall apply to contributions paid or incurred in taxable
years beginning after December 31, 2006.
SEC. 302. DEDUCTION FOR PENSION CONTRIBUTIONS ALLOWED IN
COMPUTING NET EARNINGS FROM SELF-EMPLOYMENT.
(a) In General.--Section 1402(a) of the Internal Revenue
Code of 1986 (defining net earnings from self-employment) is
amended by striking ``and'' at the end of paragraph (15), by
striking the period at the end of paragraph (16) and
inserting ``, and'', and by inserting after paragraph (16)
the following new paragraph:
``(17) any deduction allowed under section 404 by reason of
section 404(a)(8)(C) shall be allowed, except that the amount
of such deduction shall be determined without regard to this
paragraph.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2006.
TITLE IV--HEALTH INSURANCE COSTS PARITY
SEC. 401. DEDUCTION FOR HEALTH INSURANCE COSTS ALLOWED IN
COMPUTING NET EARNINGS FROM SELF-EMPLOYMENT.
(a) In General.--Section 1402(a) of the Internal Revenue
Code of 1986 (defining net earnings from self-employment), as
amended by section 302, is amended by striking ``and'' at the
end of paragraph (16), by striking the period at the end of
paragraph (17) and inserting ``, and'', and by inserting
after paragraph (17) the following new paragraph:
``(18) any deduction allowed under section 162(l) shall be
allowed.''.
(b) Conforming Amendment.--Section 162(l) of the Internal
Revenue Code of 1986 (relating to special rule for health
insurance costs of self-employed individuals) is amended by
striking paragraph (4) and by redesignating paragraph (5) as
paragraph (4).
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2006.
______
By Mr. FRIST (for himself, Mr. McConnell, and Mr. Inhofe):
S. 3861. A bill to facilitate bringing to justice terrorists and
other unlawful enemy combatants through full and fair trials by
military commissions, and for other purposes; read the first time.
Mr. FRIST. In 5 days we will observe the fifth anniversary of the
most vicious act of terror ever perpetrated on American soil. Nearly
3,000 fellow Americans lost their lives on September 11.
We have worked tirelessly to make America safer from terrorist
attacks and to honor the sacrifices of the victims of 9/11 and their
families. But the fact remains that we still have more to do.
That is why Senator McConnell and I are proud to introduce
legislation on behalf of the President to bring terrorists to justice.
The bill authorizes military commissions to prosecute terrorist
detainees and addresses the concerns raised by the Supreme Court in the
Hamdan decision.
Today, we are a nation at war. Our enemies are terrorists who do not
value democracy, freedom, or innocent life.
When we capture them on the battlefield, we have a right to prosecute
them for war crimes. And we must establish a system that protects our
national security while ensuring a full and fair trial for the
detainees.
That is why it is imperative that we quickly move forward on this
bill. By formally establishing military commissions to prosecute
terrorist detainees, we are creating another tool in the war on
terror--and providing a measure of justice to the victims of 9/11.
Under these commissions, terrorist detainees will get a fair trial.
They will be tried before impartial military judges. They will have the
right to be presumed innocent until proven guilty, the right to
counsel, the right to present exculpatory evidence, the right to
exclude evidence obtained through torture or coercion, and the right to
appeal.
However, these procedures also recognize that because we are at war,
we should not try terrorist detainees in the same way as our uniformed
military or common civilian criminals. The procedures take great care
to protect our national security interests by preventing disclosure of
classified information to the detainees themselves.
I urge my colleagues to review this bill carefully. I will consult
Chairman Warner and the Armed Services Committee members to ensure the
Senate moves expeditiously to meet its responsibility to the American
people.
I hope we can move forward in a spirit of bipartisanship even though
we are in the middle of a partisan election season. And I hope we can
remain focused on the goal of making America safer and continuing to
honor the victims of 9/11.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
[[Page S9061]]
(The bill will be printed in a future edition of the Record.)
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