[Senate Report 110-172]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 370
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-172

======================================================================



 
           LEWIS AND CLARK MOUNT HOOD WILDERNESS ACT OF 2007

                                _______
                                

               September 17, 2007.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 647]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 647) to designate certain land in the 
State of Oregon as wilderness, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

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 2007''.
  (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                        TITLE I--PROTECTED AREAS

              Subtitle A--Designation of Wilderness Areas

Sec. 101. Designation of Lewis and Clark Mount Hood wilderness areas.
Sec. 102. Richard L. Kohnstamm Memorial Area.
Sec. 103. Potential wilderness area; additions to wilderness areas.
Sec. 104. Maps and legal descriptions.
Sec. 105. Administration.
Sec. 106. Buffer zones.
Sec. 107. Fish and wildlife.
Sec. 108. Fire, insects, and diseases.
Sec. 109. Withdrawal.

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

Sec. 111. Wild and Scenic River designations, Mount Hood National 
Forest.
Sec. 112. Protection for Hood River, Oregon.

            Subtitle C--Mount Hood National Recreation Area

Sec. 121. Mount Hood National Recreation Area.

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

Sec. 131. Crystal Springs Watershed Special Resources Management Unit.
Sec. 132. Protections for Upper Big Bottom and Cultus Creek.

                        TITLE II--LAND EXCHANGES

         Subtitle A--Cooper Spur-Government Camp Land Exchange

Sec. 201. Definitions.
Sec. 202. Cooper Spur-Government Camp land exchange.

            Subtitle B--Port of Cascade Locks Land Exchange

Sec. 211. Definitions.
Sec. 212. Land exchange, Port of Cascade Locks-Pacific Crest National 
Scenic Trail.

  Subtitle C--Hunchback Mountain Land Exchange and Boundary Adjustment

Sec. 221. Definitions.
Sec. 222. Hunchback Mountain land exchange.
Sec. 223. Boundary adjustment.

         Subtitle D--Conditions on Development of Federal Land

Sec. 231. Improved natural disaster preparedness.

           TITLE III--TRIBAL PROVISIONS; PLANNING AND STUDIES

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

SEC. 2. DEFINITIONS.

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

                        TITLE I--PROTECTED AREAS

              Subtitle A--Designation of Wilderness Areas

SEC. 101. DESIGNATION OF LEWIS AND CLARK MOUNT HOOD WILDERNESS AREAS.

  In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the 
following areas in the State of Oregon are designated as wilderness 
areas and as components of the National Wilderness Preservation System:
          (1) Badger creek wilderness additions.--Certain Federal land 
        managed by the Forest Service, comprising approximately 4,140 
        acres, as generally depicted on the maps entitled ``Badger 
        Creek Wilderness-Badger Creek Additions'' and ``Badger Creek 
        Wilderness-Bonney Butte'', dated July 16, 2007, which is 
        incorporated in, and considered to be a part of, the Badger 
        Creek Wilderness, as designated by section 3(3) of the Oregon 
        Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273).
          (2) Bull of the woods wilderness addition.--Certain Federal 
        land managed by the Forest Service, comprising approximately 
        10,180 acres, as generally depicted on the map entitled ``Bull 
        of the Woods Wilderness-Bull of the Woods Additions'', dated 
        July 16, 2007, which is incorporated in, and considered to be a 
        part of, the Bull of the Woods Wilderness, as designated by 
        section 3(4) of the Oregon Wilderness Act of 1984 (16 U.S.C. 
        1132 note; 98 Stat. 273).
          (3) Clackamas wilderness.--Certain Federal land managed by 
        the Forest Service, comprising approximately 9,470 acres, as 
        generally depicted on the maps entitled ``Clackamas Wilderness-
        Big Bottom'', ``Clackamas Wilderness-Clackamas Canyon'', 
        ``Clackamas Wilderness-Memaloose Lake'', ``Clackamas 
        Wilderness-Sisi Butte'', and ``Clackamas Wilderness-South Fork 
        Clackamas'', dated July 16, 2007, which shall be known as the 
        ``Clackamas Wilderness''.
          (4) Mark o. hatfield wilderness additions.--Certain Federal 
        land managed by the Forest Service, comprising approximately 
        25,960 acres, as generally depicted on the maps entitled ``Mark 
        O. Hatfield Wilderness-Gorge Face'' and ``Mark O. Hatfield 
        Wilderness-Larch Mountain'', dated July 16, 2007, which is 
        incorporated in, and considered to be a part of, the Mark O. 
        Hatfield Wilderness, as designated by section 3(1) of the 
        Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 
        273).
          (5) Mount hood wilderness additions.--Certain Federal land 
        managed by the Forest Service, comprising approximately 18,450 
        acres, as generally depicted on the maps entitled ``Mount Hood 
        Wilderness-Barlow Butte'', ``Mount Hood Wilderness-Elk Cove/
        Mazama'', ``Mount Hood Wilderness-Richard L. Kohnstamm Memorial 
        Area'', ``Mount Hood Wilderness-Sand Canyon'', ``Mount Hood 
        Wilderness-Sandy Additions'', ``Mount Hood Wilderness-Twin 
        Lakes'', and ``Mount Hood Wilderness-White River'', dated July 
        16, 2007, and the map entitled ``Mount Hood Wilderness-Cloud 
        Cap'', dated July 20, 2007, which is incorporated in, and 
        considered to be a part of, the Mount Hood Wilderness, as 
        designated under section 3(a) of the Wilderness Act (16 U.S.C. 
        1132(a)) and enlarged by section 3(d) of the Endangered 
        American Wilderness Act of 1978 (16 U.S.C. 1132 note; 92 Stat. 
        43).
          (6) Roaring river wilderness.--Certain Federal land managed 
        by the Forest Service, comprising approximately 36,550 acres, 
        as generally depicted on the map entitled ``Roaring River 
        Wilderness-Roaring River Wilderness'', dated July 16, 2007, 
        which shall be known as the ``Roaring River Wilderness''.
          (7) Salmon-huckleberry wilderness additions.--Certain Federal 
        land managed by the Forest Service, comprising approximately 
        16,620 acres, as generally depicted on the maps entitled 
        ``Salmon-Huckleberry Wilderness-Alder Creek Additions'', 
        ``Salmon-Huckleberry Wilderness-Eagle Creek Addition'', 
        ``Salmon-Huckleberry Wilderness-Hunchback Mountain'', ``Salmon-
        Huckleberry Wilderness-Inch Creek'', ``Salmon-Huckleberry 
        Wilderness-Mirror Lake'', and ``Salmon-Huckleberry Wilderness-
        Salmon River Meadows'', dated July 16, 2007, which is 
        incorporated in, and considered to be a part of, the Salmon-
        Huckleberry Wilderness, as designated by section 3(2) of the 
        Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 
        273).
          (8) Lower white river wilderness.--Certain Federal land 
        managed by the Forest Service and Bureau of Land Management, 
        comprising approximately 2,870 acres, as generally depicted on 
        the map entitled ``Lower White River Wilderness-Lower White 
        River'', dated July 16, 2007, which shall be known as the 
        ``Lower White River Wilderness''.

SEC. 102. RICHARD L. KOHNSTAMM MEMORIAL AREA.

  Certain Federal land managed by the Forest Service, as generally 
depicted on the map entitled ``Mount Hood Wilderness-Richard L. 
Kohnstamm Memorial Area'', dated July 16, 2007, is designated as the 
``Richard L. Kohnstamm Memorial Area''.

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

  (a) Roaring River Potential Wilderness Area.--
          (1) In general.--In furtherance of the purposes of the 
        Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land 
        managed by the Forest Service, comprising approximately 900 
        acres identified as ``Potential Wilderness'' on the map 
        entitled ``Roaring River Wilderness'', dated July 16, 2007, is 
        designated as a potential wilderness area.
          (2) Management.--The potential wilderness area designated by 
        paragraph (1) shall be managed in accordance with section 4 of 
        the Wilderness Act (16 U.S.C. 1133).
          (3) Designation as wilderness.--On the date on which the 
        Secretary publishes in the Federal Register notice that the 
        conditions in the potential wilderness area designated by 
        paragraph (1) are compatible with the Wilderness Act (16 U.S.C. 
        1131 et seq.), the potential wilderness shall be--
                  (A) designated as wilderness and as a component of 
                the National Wilderness Preservation System; and
                  (B) incorporated into the Roaring River Wilderness 
                designated by section 101(6).
  (b) Addition to the Mount Hood Wilderness.--On completion of the land 
exchange under section 202, certain Federal land managed by the Forest 
Service, comprising approximately 1,710 acres, as generally depicted on 
the map entitled ``Mount Hood Wilderness-Tilly Jane'', dated July 20, 
2007, shall be incorporated in, and considered to be a part of, the 
Mount Hood Wilderness, as designated under section 3(a) of the 
Wilderness Act (16 U.S.C. 1132(a)) and enlarged by section 3(d) of the 
Endangered American Wilderness Act of 1978 (16 U.S.C. 1132 note; 92 
Stat. 43) and section 101(5).
  (c) Addition to the Salmon-Huckleberry Wilderness.--On acquisition by 
the United States, the approximately 160 acres of land identified as 
``Land to be acquired by USFS'' on the map entitled ``Hunchback 
Mountain Land Exchange, Clackamas County'', dated June 2006, shall be 
incorporated in, and considered to be a part of, the Salmon-Huckleberry 
Wilderness, as designated by section 3(2) of the Oregon Wilderness Act 
of 1984 (16 U.S.C. 1132 note; 98 Stat. 273) and enlarged by section 
101(7).

SEC. 104. MAPS AND LEGAL DESCRIPTIONS.

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

SEC. 105. ADMINISTRATION.

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

SEC. 106. BUFFER ZONES.

  (a) In General.--As provided in the Oregon Wilderness Act of 1984 (16 
U.S.C. 1132 note; Public Law 98-328), Congress does not intend for 
designation of wilderness areas in the State under this title to lead 
to the creation of protective perimeters or buffer zones around each 
wilderness area.
  (b) Activities or Uses up to Boundaries.--The fact that nonwilderness 
activities or uses can be seen or heard from within a wilderness area 
shall not, of itself, preclude the activities or uses up to the 
boundary of the wilderness area.

SEC. 107. FISH AND WILDLIFE.

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

SEC. 108. FIRE, INSECTS, AND DISEASES.

  As provided in section 4(d)(1) of the Wilderness Act (16 U.S.C. 
1133(d)(1)), within the wilderness areas designated by this Act, the 
Secretary that has jurisdiction over the land within the wilderness 
(referred to in this section as the ``Secretary'') may take such 
measures as are necessary to control fire, insects, and diseases, 
subject to such terms and conditions as the Secretary determines to be 
desirable and appropriate.

SEC. 109. WITHDRAWAL.

  Subject to valid rights in existence on the date of enactment of this 
Act, the Federal land designated as wilderness by this subtitle is 
withdrawn from all forms of--
          (1) entry, appropriation, or disposal under the public land 
        laws;
          (2) location, entry, and patent under the mining laws; and
          (3) disposition under all laws pertaining to mineral and 
        geothermal leasing or mineral materials.

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

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

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

SEC. 112. PROTECTION FOR HOOD RIVER, OREGON.

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

            Subtitle C--Mount Hood National Recreation Area

SEC. 121. MOUNT HOOD NATIONAL RECREATION AREA.

  (a) Designation.--To provide for the protection, preservation, and 
enhancement of recreational, ecological, scenic, cultural, watershed, 
and fish and wildlife values, there is established the Mount Hood 
National Recreation Area within the Mount Hood National Forest.
  (b) Boundary.--The Mount Hood National Recreation Area shall consist 
of certain Federal land managed by the Forest Service and Bureau of 
Land Management, comprising approximately 34,550 acres, as generally 
depicted on the maps entitled ``National Recreation Areas-Mount Hood 
NRA'', ``National Recreation Areas-Fifteenmile Creek NRA'', and 
``National Recreation Areas-Shellrock Mountain'', dated February 2007.
  (c) Map and Legal Description.--
          (1) Submission of legal description.--As soon as practicable 
        after the date of enactment of this Act, the Secretary shall 
        file a map and a legal description of the Mount Hood National 
        Recreation Area with--
                  (A) the Committee on Energy and Natural Resources of 
                the Senate; and
                  (B) the Committee on Natural Resources of the House 
                of Representatives.
          (2) Force of law.--The map and legal description filed under 
        paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct 
        typographical errors in the map and the legal description.
          (3) Public availability.--The map and legal description filed 
        under paragraph (1) shall be on file and available for public 
        inspection in the appropriate offices of the Forest Service.
  (d) Administration.--
          (1) In general.--The Secretary shall--
                  (A) administer the Mount Hood National Recreation 
                Area--
                          (i) in accordance with the laws (including 
                        regulations) and rules applicable to the 
                        National Forest System; and
                          (ii) consistent with the purposes described 
                        in subsection (a); and
                  (B) only allow uses of the Mount Hood National 
                Recreation Area that are consistent with the purposes 
                described in subsection (a).
          (2) Applicable law.--Any portion of a wilderness area 
        designated by subtitle A that is located within the Mount Hood 
        National Recreation Area shall be administered in accordance 
        with the Wilderness Act (16 U.S.C. 1131 et seq.).
  (e) Timber.--The cutting, sale, or removal of timber within the Mount 
Hood National Recreation Area may be permitted--
          (1) to the extent necessary to improve the health of the 
        forest in a manner that--
                  (A) maximizes the retention of large trees--
                          (i) as appropriate to the forest type; and
                          (ii) to the extent that the trees promote 
                        stands that are fire-resilient and healthy;
                  (B) improves the habitats of threatened, endangered, 
                or sensitive species; or
                  (C) maintains or restores the composition and 
                structure of the ecosystem by reducing the risk of 
                uncharacteristic wildfire;
          (2) to accomplish an approved management activity in 
        furtherance of the purposes established by this subtitle, if 
        the cutting, sale, or removal of timber is incidental to the 
        management activity; or
          (3) for de minimus personal or administrative use within the 
        Mount Hood National Recreation Area, where such use will not 
        impair the purposes established by this subtitle.
  (f) Road Construction.--No new or temporary roads shall be 
constructed or reconstructed within the Mount Hood National Recreation 
Area except as necessary--
          (1) to protect the health and safety of individuals in cases 
        of an imminent threat of flood, fire, or any other catastrophic 
        event that, without intervention, would cause the loss of life 
        or property;
          (2) to conduct environmental cleanup required by the United 
        States;
          (3) to allow for the exercise of reserved or outstanding 
        rights provided for by a statute or treaty;
          (4) to prevent irreparable resource damage by an existing 
        road; or
          (5) to rectify a hazardous road condition.
  (g) Withdrawal.--Subject to valid existing rights, all Federal land 
within the Mount Hood National Recreation Area is withdrawn from--
          (1) all forms of entry, appropriation, or disposal under the 
        public land laws;
          (2) location, entry, and patent under the mining laws; and
          (3) disposition under all laws relating to mineral and 
        geothermal leasing.
  (h) Transfer of Administrative Jurisdiction.--
          (1) In general.--Administrative jurisdiction over the Federal 
        land described in paragraph (2) is transferred from the Bureau 
        of Land Management to the Forest Service.
          (2) Description of land.--The land referred to in paragraph 
        (1) is the approximately 130 acres of land administered by the 
        Bureau of Land Management within or adjacent to the Mount Hood 
        National Recreation Area that is identified as ``BLM Lands'' on 
        the map entitled ``National Recreation Areas-Shellrock 
        Mountain'', dated February 2007.

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

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

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

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

  (a) In General.--The Secretary shall manage the Federal land 
administered by the Forest Service described in subsection (b) in a 
manner that preserves the natural and primitive character of the land 
for recreational, scenic, and scientific use.
  (b) Description of Land.--The Federal land referred to in subsection 
(a) is--
          (1) the approximately 1,580 acres, as generally depicted on 
        the map entitled ``Upper Big Bottom'', dated July 16, 2007; and
          (2) the approximately 280 acres identified as ``Cultus 
        Creek'' on the map entitled ``Clackamas Wilderness-South Fork 
        Clackamas'', dated July 16, 2007.
  (c) Maps and Legal Descriptions.--
          (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall file maps and legal 
        descriptions of the Federal land described in subsection (b) 
        with--
                  (A) the Committee on Energy and Natural Resources of 
                the Senate; and
                  (B) the Committee on Natural Resources of the House 
                of Representatives.
          (2) Force of law.--The maps and legal descriptions filed 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct 
        typographical errors in the maps and legal descriptions.
          (3) Public availability.--Each map and legal description 
        filed under paragraph (1) shall be on file and available for 
        public inspection in the appropriate offices of the Forest 
        Service.
  (d) Use of Land.--
          (1) In general.--Subject to valid existing rights, with 
        respect to the Federal land described in subsection (b), the 
        Secretary shall only allow uses that are consistent with the 
        purposes identified in subsection (a).
          (2) Prohibited uses.--The following shall be prohibited on 
        the Federal land described in subsection (b):
                  (A) Permanent roads.
                  (B) Commercial enterprises.
                  (C) Except as necessary to meet the minimum 
                requirements for the administration of the Federal land 
                and to protect public health and safety--
                          (i) the use of motor vehicles; or
                          (ii) the establishment of temporary roads.
  (e) Withdrawal.--Subject to valid existing rights, the Federal land 
described in subsection (b) is withdrawn from--
          (1) all forms of entry, appropriation, or disposal under the 
        public land laws;
          (2) location, entry, and patent under the mining laws; and
          (3) disposition under all laws relating to mineral and 
        geothermal leasing.

                        TITLE II--LAND EXCHANGES

         Subtitle A--Cooper Spur-Government Camp Land Exchange

SEC. 201. DEFINITIONS.

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

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

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

            Subtitle B--Port of Cascade Locks Land Exchange

SEC. 211. DEFINITIONS.

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

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

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

  Subtitle C--Hunchback Mountain Land Exchange and Boundary Adjustment

SEC. 221. DEFINITIONS.

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

SEC. 222. HUNCHBACK MOUNTAIN LAND EXCHANGE.

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

SEC. 223. BOUNDARY ADJUSTMENT.

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

         Subtitle D--Conditions on Development of Federal Land

SEC. 231. IMPROVED NATURAL DISASTER PREPAREDNESS.

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

           TITLE III--TRIBAL PROVISIONS; PLANNING AND STUDIES

SEC. 301. TRANSPORTATION PLAN.

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

SEC. 302. MOUNT HOOD NATIONAL FOREST STEWARDSHIP STRATEGY.

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

SEC. 303. LOCAL AND TRIBAL RELATIONSHIPS.

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

SEC. 304. RECREATIONAL USES.

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

                         Purpose of the Measure

    The purpose of S. 647, as ordered reported, is to designate 
certain land on Mount Hood, Oregon, as wilderness, to designate 
certain rivers as components of the National Wild and Scenic 
Rivers System, to designate the Mount Hood National Recreation 
Area, and to otherwise improve Federal land management in and 
around the Mount Hood National Forest.

                          Background and Need

    Mount Hood is the tallest mountain in the State of Oregon, 
rising 11,239 feet above sea level. The Mount Hood National 
Forest encompasses more than one million acres of Mount Hood. 
The Mount Hood National Forest hosts more than four million 
visitors annually, with well-over 100,000 visitors to the 
approximately 130,000 acres of existing wilderness on Mount 
Hood each year.
    The heavy visitation to Mount Hood's wilderness areas led 
to proposed restrictions by the Forest Service in the late 
1990s, but that proposal was met with major public concerns. 
Visitation and the pressures of local growth have only 
increased since then, leading to efforts to protect more land 
on Mount Hood for wilderness recreation and to otherwise 
address recreation issues in the Mount Hood region. S. 647 
would designate approximately 124,240 acres of wilderness, a 
National Recreation Area composed of approximately 34,550 
acres, and approximately 81 miles of rivers as wild, scenic and 
recreational components of the National Wild and Scenic Rivers 
System. The bill also authorizes three land exchanges and 
includes other provisions.

                          Legislative History

    Senators Wyden and Smith introduced S. 647 on February 15, 
2007, and a hearing was held on the measure in the Public Lands 
and Forests Subcommittee on May 3, 2007 (S. Hrg. 110-91). The 
Senators introduced a similar bill (S. 3854) in the 109th 
Congress, and the subcommittee held a hearing on that bill on 
September 27, 2006 (S. Hrg. 109-778). A similar bill passed by 
the House of Representatives (H.R. 5025), introduced by 
Representatives Walden, Blumenauer, DeFazio, and Hooley, also 
was considered at that hearing.
    At its business meeting on July 25, 2007, the Committee on 
Energy and Natural Resources ordered S. 647 favorably reported, 
with an amendment in the nature of a substitute.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in an 
open business session on July 25, 2007, by voice vote of a 
quorum present, recommends that the Senate pass S. 647, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 647, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
reorganizes S. 647 into three titles: ``Protected Areas'' 
(title I), ``Land Exchanges'' (title II), and ``Tribal 
Provisions; Planning and Studies'' (title III). The Committee 
made a number of technical, conforming, and other changes, 
including numerous adjustments to the boundaries of the 
wilderness areas to provide more manageable boundaries and to 
enhance the overall wilderness character of the proposed 
wildernesses. The Committee also revised the provisions of the 
proposed land exchanges to address a number of concerns raised 
by the Administration and to conform with standard processes, 
including provisions requiring appraisals to be conducted in 
accordance with uniform standards. The provisions of the 
substitute are described in more detail in the section-by-
section analysis.

                      Section-by-Section Analysis

    Section 1 contains the short title and the table of 
contents.

                        Title I--Protected Areas

    Section 101 designates approximately 124,240 acres of land 
managed by the Forest Service within the Mount Hood National 
Forest as components of the National Wilderness Preservation 
System. The sponsors and the Committee have worked closely with 
the Forest Service to develop wilderness boundaries that, in 
most cases, coincide with jurisdictional or land-management 
boundaries or geographic features and to create maps that 
generally depict those boundaries. Section 104 of the 
legislation directs the Secretary to develop maps and legal 
descriptions that more precisely describe each area, consistent 
with the understanding reflected in the maps referred to in 
section 101.
    The areas to be designated include:
          (1) approximately 4,140 acres to be added to the 
        Badger Creek Wilderness;
          (2) approximately 10,180 acres to be added to the 
        Bull of the Woods Wilderness;
          (3) approximately 9,470 acres to be known as the 
        Clackamas Wilderness;
          (4) approximately 25,960 acres to be added to the 
        Mark O. Hatfield Wilderness;
          (5) approximately 18,450 acres to be added to the 
        Mount Hood Wilderness;
          (6) approximately 36,550 acres to be known as the 
        Roaring River Wilderness;
          (7) approximately 16,620 acres to be added to the 
        Salmon-Huckleberry Wilderness; and
          (8) approximately 2,870 acres to be known as the 
        Lower White River Wilderness.
    Section 102 establishes an area composed of approximately 
1,886 acres within the Mount Hood Wilderness to be known as the 
``Richard L. Kohnstamm Memorial Area.'' The designation 
recognizes Mr. Kohnstamm's historic contributions to the area, 
including preserving and restoring the adjacent Timberline 
Lodge and promoting alpine recreation.
    Section 103(a) designates as a potential wilderness area 
approximately 900 acres of Forest Service land that has been 
altered by human influences relating to timber harvests. The 
potential wilderness area shall be managed in accordance with 
section 4 of the Wilderness Act until such time as the 
Secretary publishes a notice that the conditions in the 
potential wilderness area are compatible with designation as a 
component of the National Wilderness Preservation System. At 
that time, the area will be incorporated into the Roaring River 
Wilderness designated by section 101(6).
    Subsection (b) provides for the designation as wilderness 
of approximately 1,710 acres that are interrelated with the 
land exchange under section 202. The designation shall occur 
upon the completion of the land exchange.
    Subsection (c) provides for approximately 160 acres that 
are interrelated with the land exchange under section 222 to be 
designated as wilderness upon acquisition by the United States.
    Section 104 directs the Secretary to file an official map 
and legal description of each wilderness and potential 
wilderness area designated by title I with the appropriate 
congressional committees and agency offices. Subsection (d) 
provides that the boundary of any wilderness area designated by 
section 101 shall be 100 feet from the boundary of any utility 
right-of-way or Federal Energy Regulatory Commission project.
    Section 105(a) directs the Secretary of Agriculture (for 
National Forest System lands) and the Secretary of the Interior 
(for BLM-administered lands) to administer the wilderness areas 
designated pursuant to title I in accordance with the 
Wilderness Act, subject to valid existing rights.
    Subsection (b) provides that any land within the boundary 
of a wilderness area designated by this Act that is acquired by 
the Federal Government shall become part of that wilderness 
area and be administered in accordance with the Wilderness Act.
    Section 106 incorporates language from the Oregon 
Wilderness Act of 1984 (Public Law 98-328) regarding activities 
and uses outside of the boundaries of the wilderness areas 
designated by title I.
    Section 107 states that nothing in this Act affects the 
jurisdiction or responsibilities of the State of Oregon with 
respect to fish and wildlife.
    Section 108 states that the Secretary of Agriculture (for 
National Forest System lands) and the Secretary of the Interior 
(for BLM-administered lands) may, in accordance with the 
Wilderness Act, take such measures in the wilderness areas 
designated by this Act as are necessary to control fire, 
insects, and diseases.
    Section 109 withdraws, subject to valid existing rights, 
the Federal land designated as wilderness from entry, 
appropriation, or disposal under the public land laws; from 
location, entry, and patent under the mining laws; and from 
disposition under all laws pertaining to mineral and geothermal 
leasing or mineral materials.
    Section 111 designates approximately 81 miles of rivers as 
wild, scenic, or recreational river components of the Wild and 
Scenic Rivers System. The designations include portions of the 
South Fork Clackamas River (approximately 4.2 miles as a wild 
river), Eagle Creek (approximately 8.3 miles as a wild river), 
the Middle Fork Hood River (approximately 3.7 miles as a scenic 
river), the South Fork Roaring River (approximately 4.6 miles 
as a wild river), the Zig Zag River (approximately 4.3 miles as 
a wild river), Fifteenmile Creek (approximately 11.1 miles in 
wild and scenic river segments), the East Fork Hood River 
(approximately 13.5 miles as a recreational river), the 
Collawash River (approximately 17.8 miles in scenic and 
recreational river segments), and Fish Creek (approximately 
13.5 miles as a recreational river). Subsection (b) states that 
the designation of the rivers does not affect valid existing 
water rights.
    Section 112 amends the Columbia River Gorge National Scenic 
Area Act (Public Law 99-663) to make the protections of that 
Act for the Hood River, Oregon, permanent.
    Section 121 designates approximately 34,550 acres of the 
Mount Hood National Forest as the Mount Hood National 
Recreation Area (hereinafter ``NRA'').
    Subsection (a) states the purposes of the NRA.
    Subsection (b) describes the NRA as the three parcels that 
are generally depicted on the referenced maps.
    Subsection (c) directs the Secretary to file an official 
map and legal description of the NRA with the appropriate 
congressional committees and offices of the Forest Service.
    Subsection (d) directs the Secretary to administer the NRA 
consistent with the purposes established by subsection (a) and 
in accordance with applicable law, and prohibits the Secretary 
from allowing uses that are not consistent with those purposes. 
Paragraph (2) provides that land designated as wilderness that 
is within the NRA shall be administered in accordance with the 
Wilderness Act, clarifying that any activities prohibited by 
the Wilderness Act are prohibited in such areas even if they 
otherwise could be authorized within the NRA.
    Subsection (e) limits the cutting, sale, and removal of 
timber within the NRA. Timber may be cut, sold, and removed to 
the extent doing so is necessary to improve the health of the 
forest, if incidental to management activities designed to 
further the purposes of the NRA, or for de minimus personal use 
within the NRA that does not impair the purposes of the NRA.
    Subsection (f) prohibits the construction or reconstruction 
of new or temporary roads within the NRA, except as necessary 
to protect against imminent threats to public health and 
safety, to conduct environmental cleanup of hazardous and other 
wastes (as required by the United States), to allow for the 
exercise of statutory or treaty rights, to prevent irreparable 
resource damage by an existing road, or to rectify a hazardous 
road condition.
    Subsection (g) withdraws, subject to valid existing rights, 
all Federal land within the NRA from entry, appropriation, or 
disposal under the public land laws; from location, entry, and 
patent under the mining laws; and from disposition under all 
laws pertaining to mineral and geothermal leasing or mineral 
materials.
    Subsection (h) transfers administrative jurisdiction over 
two parcels of Federal land totaling approximately 130 acres 
from the Bureau of Land Management to the Forest Service.
    Section 131 establishes, upon completion of the land 
exchange under section 202, the Crystal Springs Watershed 
Special Resources Management Unit (hereinafter ``Management 
Unit'').
    Subsection (a) describes the Management Unit as the Forest 
Service land generally depicted on the referenced map, not 
including any land designated as wilderness. Paragraph (3) 
withdraws, subject to valid existing rights, the Federal land 
in the Management Unit (including land within the Management 
Unit that is acquired by the Forest Service pursuant to the 
land exchange under section 202) from entry, appropriation, or 
disposal under the public land laws (except for the parcel 
generally depicted on the map as HES 151); from location, 
entry, and patent under the mining laws; and from disposition 
under all laws pertaining to mineral and geothermal leasing or 
mineral materials. In order retain flexibility in developing 
the terms and conditions of the land exchange with Mt. Hood 
Meadows, the provision does not prohibit the Forest Service 
from disposing of parcel HES 151, if done so in accordance with 
applicable law (including this section).
    Subsection (b) establishes the purposes of the Management 
Unit, which are to protect water quality and quantity and to 
allow visitors to enjoy its scenic, natural, cultural, and 
wildlife values.
    Subsection (c) directs the Secretary to file an official 
map and legal description of the NRA with the appropriate 
congressional committees and offices of the Forest Service.
    Subsection (d)(1) directs the Secretary to administer the 
Management Unit consistent with the purposes established by 
subsection (b) and in accordance with applicable law, and 
prohibits the Secretary from allowing uses that are not 
consistent with those purposes. Paragraph (2) clarifies that 
the Secretary may conduct certain fuel reduction and forest 
health management treatments in furtherance of the purposes of 
the Management Unit. Paragraph (3) prohibits, subject to valid 
existing rights, certain activities, including commercial 
livestock grazing and the placement of new fuel storage tanks. 
In addition, new road construction, renovation of existing non-
system roads, commercial timber harvest, and the application of 
toxic chemicals are generally prohibited, though in each case 
there are specific extraordinary circumstances under which such 
activities may be permitted.
    Subsection (e) recognizes that it may be appropriate for 
the Secretary to close roads within the Management Unit to 
further the Management Unit's purposes. It also provides an 
exception for any decision to close Cloud Cap Road, which must 
be based on otherwise applicable law.
    Subsection (f) provides that nothing in this section 
affects the use of or access to any private property within the 
area identified on the map as the Crystal Springs Zone of 
Contribution by the properties' owners and guests. It also 
encourages the Secretary to work cooperatively with owners to 
further the purposes of the Management Unit.
    Subsection (g) provides authority for the Secretary to 
acquire land within the Zone of Contribution depicted on the 
map and clarifies that any such land shall be incorporated in 
and administered as part of the Management Unit.
    Section 132 establishes protections for two areas in the 
Mount Hood National Forest.
    Subsection (a) directs the Secretary to manage the two 
areas to preserve the natural and primitive character of the 
land for recreational, scenic, and scientific use.
    Subsection (b) describes the areas, one of which is 
approximately 1,580 acres and one of which is approximately 280 
acres, as generally depicted on the referenced maps.
    Subsection (c) directs the Secretary to file an official 
map and legal description for each area with the appropriate 
congressional committees and offices of the Forest Service.
    Subsection (d) provides that the Secretary may only allow 
uses within the areas that are consistent with the purposes 
described in subsection (a). It also specifically prohibits 
permanent roads, commercial enterprises, and--except as 
necessary to meet the minimum requirements for the 
administration of the areas and to protect public health and 
safety--the use of motor vehicles and temporary roads.
    Subsection (e) withdraws, subject to valid existing rights, 
the areas from entry, appropriation, or disposal under the 
public land laws; from location, entry, and patent under the 
mining laws; and from disposition under all laws pertaining to 
mineral and geothermal leasing or mineral materials.

                        Title II--Land Exchanges

    Section 201 provides the definitions of terms used in 
section 202 regarding the Cooper Spur-Government Camp Land 
Exchange. The definitions establish that the private land 
identified for exchange includes approximately 770 acres at 
Cooper Spur (along with any buildings, furniture, fixtures, and 
equipment that are appraised) and that the Forest Service land 
identified for exchange includes approximately 120 acres in 
Government Camp. Both parcels are generally depicted on the map 
referred to in paragraph (2).
    Section 202 provides basic direction for the exchange 
between the Forest Service and Mt. Hood Meadows. The 
Administration raised a number of concerns in its testimony 
regarding requirements for this exchange that were included in 
S. 647 as introduced. The amendment adopted by the Committee 
made a number of changes to the bill to address those concerns, 
including clarifying that the exchange be conducted in 
accordance with standard practices and deleting a number of 
objectionable requirements. The Committee understands that Mt. 
Hood Meadows and many others in the Mount Hood community have 
worked for many years on this land exchange and that they are 
anxious to realize the benefits it would provide. In 
recognition of the communities' interests in the exchange, the 
Committee urges the Forest Service not only to work closely 
with Mt. Hood Meadows in carrying out the exchange, but also 
with other interested stakeholders.
    Subsection (a) states that, subject to the other provisions 
of this section, if Mt. Hood Meadows offers to convey all of 
its right, title, and interest to certain land it owns in the 
Cooper Spur Area, the Secretary shall convey certain Forest 
Service land in Government Camp. It also specifies that the 
conveyance of the Forest Service land shall be subject to any 
valid existing rights.
    Subsection (b) states that the Secretary shall carry out 
the exchange in accordance with section 206 of the Federal Land 
Policy and Management Act (43 U.S.C. 1716), except as otherwise 
provided in this section. For example, section 206 of that Act 
includes provisions that govern equalization of values, 
determination of costs, and the status of acquired lands.
    Subsection (c) provides that the title to the private land 
must be in a form acceptable to the Secretary and establishes 
that the exchange is subject to such terms and conditions as 
the Secretary may require.
    Subsection (d) provides that an appraiser shall be selected 
by the Secretary and Mt. Hood Meadows as soon as practical 
after the date of enactment of this Act. It also requires the 
appraisals to be conducted in accordance with uniform standards 
and practices.
    Subsection (e) provides that the exact acreage and legal 
descriptions of the lands to be exchanged shall be determined 
by surveys approved by the Secretary, and that the costs of 
carrying out the exchange shall be determined by the Secretary 
and Mt. Hood Meadows.
    Subsection (f) states that it is the intent of Congress 
that the exchange be completed within 16 months of the date of 
enactment of this Act. The Committee considered the 
Administration's testimony that it views this timeframe as 
unachievable given procedural requirements and competing 
priorities. The Committee, however, believes the timeframe is 
reasonable and achievable, and accordingly has retained the 
statement of congressional intent. The Committee deleted an 
entire section regarding concessions to facilitate and simplify 
the process. The Committee also understands that Mt. Hood 
Meadows is willing to begin the land exchange process while S. 
647 is pending in Congress, and the Committee encourages the 
Forest Service to do so in order to facilitate the timely 
completion of the land exchange.
    Subsection (g) directs the Secretary to reserve a 
conservation easement to the Forest Service land to protect 
existing wetlands, as well as a trail easement.
    Section 211 provides the definitions of terms used in 
section 212 regarding the Port of Cascade Locks land exchange. 
The definitions establish that the private land identified for 
exchange includes two parcels totaling approximately 40 acres 
of land near Cascade Locks and that the Forest Service land 
identified for exchange includes approximately 10 acres of land 
in Cascade Locks. Both parcels are generally depicted on the 
map referred to in paragraph (1).
    Section 212 provides basic direction for the exchange of 
lands and interests in lands between the Forest Service and the 
Port of Cascade Locks.
    Subsection (a) states that, subject to the other provisions 
of this section, if the Port of Cascade Locks offers to convey 
all of its right, title, and interest to certain land it owns, 
the Secretary shall convey certain Forest Service land in 
Cascade Locks. It also specifies that the conveyance of the 
Forest Service land shall be subject to any valid existing 
rights.
    Subsection (b) states that the Secretary shall carry out 
the exchange in accordance with section 206 of the Federal Land 
Policy and Management Act (43 U.S.C. 1716), except as otherwise 
provided in this section.
    Subsection (c) provides that the title to the private land 
must be in a form acceptable to the Secretary and establishes 
that the exchange is subject to such terms and conditions as 
the Secretary may require.
    Subsection (d) provides that an appraiser shall be selected 
by the Secretary as soon as practical after the date of 
enactment of this Act. It also requires the appraisals to be 
conducted in accordance with uniform standards and practices.
    Subsection (e) provides that the exact acreage and legal 
descriptions of the lands to be exchanged shall be determined 
by surveys approved by the Secretary, and that the costs of 
carrying out the exchange shall be determined by the Secretary 
and the Port of Cascade Locks.
    Subsection (f) states that it is the intent of Congress 
that the exchange be completed within 16 months of the date of 
enactment of this Act.
    Section 221 provides the definitions of terms used in 
section 222 regarding the Hunchback Mountain land exchange. The 
definitions establish that the private land identified for 
exchange includes approximately 160 acres of land and that the 
Forest Service land identified for exchange includes 
approximately 160 acres of land. Both parcels are generally 
depicted on the map referred to in paragraph (2).
    Section 222 provides basic direction for the exchange of 
lands and interests in lands between the Forest Service and the 
Clackamas County.
    Subsection (a) states that, subject to the other provisions 
of this section, if Clackamas County offers to convey all of 
its right, title, and interest to certain land it owns, the 
Secretary shall convey certain Forest Service land. It also 
specifies that the conveyance of the Forest Service land shall 
be subject to any valid existing rights.
    Subsection (b) states that the Secretary shall carry out 
the exchange in accordance with section 206 of the Federal Land 
Policy and Management Act (43 U.S.C. 1716), except as otherwise 
provided in this section.
    Subsection (c) provides that the title to the private land 
must be in a form acceptable to the Secretary and establishes 
that the exchange is subject to such terms and conditions as 
the Secretary may require.
    Subsection (d) provides that an appraiser shall be selected 
by the Secretary as soon as practical after the date of 
enactment of this Act. It also requires the appraisals to be 
conducted in accordance with uniform standards and practices.
    Subsection (e) provides that the exact acreage and legal 
descriptions of the lands to be exchanged shall be determined 
by surveys approved by the Secretary, and that the costs of 
carrying out the exchange shall be determined by the Secretary 
and Clackamas County.
    Subsection (f) states that it is the intent of Congress 
that the exchange be completed within 16 months of the date of 
enactment of this Act.
    Section 223 adjusts the boundaries of the Mount Hood 
National Forest to incorporate the land acquired pursuant to 
section 222 and the land transferred pursuant to section 
121(h)(1). It also directs the Secretary to administer those 
lands in accordance with applicable law (which in the case of 
the land acquired pursuant to section 222 includes the 
Wilderness Act and in the case of most of the land transferred 
pursuant to section 121 includes provisions governing the Mount 
Hood National Recreation Area). It also states that the 
modified boundaries of the Mount Hood National Forest shall be 
considered to be the boundaries in existence as of January 1, 
1965, for purposes of section 7 of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-9).
    Section 231 provides for the application of nationally 
recognized building, property maintenance, and wildfire codes 
to development and alterations on certain Federal land and land 
conveyed by the Forest Service.
    Subsection (a) directs the Secretary to include in the 
deeds of conveyance for Federal land involved in the land 
exchanges under title II a requirement that applicable 
construction activities and alterations be conducted in 
accordance with such codes. It also states that, to the maximum 
extent practicable, the codes should be adapted to be 
consistent with any State or local adaptations of those codes. 
Adaptations that do not maintain the codes' integrity and 
general effectiveness would not be practicable. Paragraph (3) 
makes clear that the codes required under this subsection may 
be enforced by the appropriate State or local entities.
    Subsection (b) requires the Secretary to ensure that future 
construction and alterations on National Forest System land in 
the Mount Hood National Forest comply with such codes.
    Subsection (c) makes clear that nothing in this section 
alters the powers of State or local governments.
    Section 301 states that, if the Oregon Department of 
Transportation undertakes to develop a multimodel 
transportation plan for the Mount Hood region, the Secretary 
shall seek to participate in its development, and lists a 
number of issues that the Secretary shall seek to address in 
the development of any such plan.
    Section 302 requires the Secretary to submit to the 
appropriate congressional committees a report on and 
implementation schedule for the vegetation management strategy 
that the Forest Service currently is developing. The initial 
report is to be filed not later that 1 year after the date of 
enactment of this Act, and the implementation schedule is to be 
filed not later than 1 year after the strategy is complete.
    Section 303(a) directs the Secretary to develop a plan, in 
consultation with Indian Tribes with treaty-reserved gathering 
rights on lands within the Mount Hood National Forest, to 
implement the cultural foods obligations of the United States 
under applicable treaties. Paragraph (2) is intended to ensure 
that the Secretary designs and carries out the cultural foods 
management plan in a manner that is consistent with, or 
conforms with, the gathering rights on the designated lands 
reserved by the Treaty with the Tribes of Middle Oregon of June 
25, 1855, and that furthers the United States' on-going 
implementation of that Treaty.
    Subsection (b) reinforces that nothing in this Act in any 
way alters the Tribes' treaty rights or affects land held in 
trust.
    Section 304(a) recognizes the Secretary's authority to 
establish a working group to advise the Forest Service on 
planning and implementing recreation enhancements for the Mount 
Hood National Forest.
    Subsection (b) emphasizes the Secretary's responsibility 
under applicable law to consider converting roads to 
recreational uses as an alternative to road decommissioning.
    Subsection (c) emphasizes the Secretary's authority to 
design and construct a trail in the Mount Hood National Forest 
that is suitable for use by persons with disabilities.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                                 September 4, 2007.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 647, the Lewis and 
Clark Mount Hood Wilderness Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Tyler 
Kruzich.
            Sincerely,
                                                   Peter R. Orszag.

S. 647--Lewis and Clark Mount Hood Wilderness Act of 2007

    Summary: S. 647 would designate about 124,000 acres of 
federal land located in Oregon as wilderness and would add 
about 80 miles of waterways in the forest to the Wild and 
Scenic Rivers System. The bill also would designate about 
34,550 acres within the national forest as the Mt. Hood 
National Recreation Area. Other lands would be protected by 
designating them as special resource areas or potential 
wilderness or by requiring them to be managed for limited uses. 
Finally, S. 647 would authorize the U.S. Forest Service to 
acquire private lands near Mt. Hood and would provide for 
several exchanges of land between the Forest Service and 
nonfederal landowners.
    CBO estimates that implementing S. 647 would cost $3 
million in 2008 and $11 million over the 2008-2012 period, 
assuming appropriation of the necessary amounts. Enacting this 
legislation could affect offsetting receipts and direct 
spending, but we estimate that any such effects would be 
negligible. Enacting the bill would not affect revenues.
    S. 647 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 647 is shown in the following table. The 
costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2008     2009     2010     2011     2012
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level......................................        5        2        2        1        1
Estimated Outlays..................................................        3        3        2        2        1
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: CBO estimates that implementing S. 647 
would cost $11 million over the 2008-2012 period, assuming 
appropriation of the necessary amounts. We estimate that any 
forgone offsetting receipts (a credit against direct spending) 
from enacting this legislation would be negligible. For this 
estimate, CBO assumes that the bill will be enacted near the 
start of fiscal year 2008 and that the amounts estimated to be 
necessary will be appropriated each year.

Protected areas

    Title I would designate 124,000 acres of Forest Service 
land as wilderness. It also would designate approximately 80 
miles of rivers as wild and scenic. Subject to valid existing 
rights, each new area designated under the bill would be 
withdrawn from programs to develop mineral or geothermal 
resources. The Forest Service would need to describe, map, and 
survey the new land to properly protect it as wilderness. Based 
on information from the agency, CBO estimates that the Forest 
Service would spend about $9 million over the 2008-2012 period 
to complete the necessary mapping and surveying.
    Designating federal land as wilderness could result in 
forgone offsetting receipts if, under current law, that land 
would generate income from activities such as timber harvesting 
and mining. According to the Forest Service, that land 
currently generates no significant receipts but does contain 
about 5,000 acres of timber that could be harvested in the 
future. Such sales proceeds can be spent by the Forest Service 
without further appropriation. Thus, CBO estimates that any net 
budgetary impact from enacting this legislation would be 
negligible over the next 10 years.

Land exchanges

    Title II of the legislation would authorize the Forest 
Service to exchange certain federal land for nonfederal land 
and to make or receive cash payments to account for any 
difference in the value of land exchanged. Based on information 
from the Forest Service, CBO estimates that the agency would 
need to pay $1 million to private landholders to equalize the 
value of the properties that would be exchanged under the bill. 
In addition, CBO estimates that the agency would spend several 
hundred thousand dollars for administrative activities 
associated with the exchanges.
    According to the agency, the land to be conveyed currently 
generates no significant receipts and is not expected to do so 
over the next 10 years; therefore, we estimate that conveying 
the land would not affect offsetting receipts.
    Intergovernmental and private-sector impact: S. 647 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. The bill would authorize land exchanges 
between state and local governments and the federal government; 
any costs related to the conveyance of such lands would be 
incurred voluntarily.
    Estimate prepared by: Federal Costs: Tyler Kruzich; Impact 
on State, Local, and Tribal Governments: Leo Lex; Impact on the 
Private-Sector: Amy Petz.
    Estimate approved by: Theresa A. Gullo, Chief, State and 
Local Government Cost Estimates Unit, Budget Analysis Division.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 647.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy. Little additional paperwork would result from the 
enactment of S. 647.

                        Executive Communications

    The views of the Administration were included in testimony 
received by the Committee at a hearing on S. 647 on May 3, 
2007.

     Statement of Mark Rey, Under Secretary, Natural Resources and 
Environment, Department of Agriculture

           *       *       *       *       *       *       *


    Mr. Chairman and members of the committee, I appreciate the 
opportunity to appear before you to today to provide the 
Department's views on the bills which are on the agenda today.


     s. 647: the lewis and clark mount hood wilderness act of 2007


    The Lewis and Clark Mount Hood Wilderness Act of 2007 
provides management direction for Mount Hood and its 
surrounding landscapes that emphasizes the importance of 
wilderness, recreation, and forest health, as well as cultural, 
historical, environmental and scenic values.
    The Administration recognizes that the bill's sponsors have 
conducted a considerable amount of outreach and worked with a 
number of communities of interest including local and state 
governmental entities, tribes, profit and non-profit 
organizations and individuals in the development of S. 647.
    Last year, the Administration testified in hearings on two 
bills concerning the management of lands in and around Mount 
Hood: S. 3854 and H.R. 5025. We are gratified that several of 
the suggestions offered at that time have been considered in S. 
647, and it is preferable to last year's Senate bill. However, 
we still have critical concerns regarding several provisions 
which precludes our support for the bill as written.
    Several of the provisions continue to be highly 
prescriptive and limiting, and we believe, could benefit from 
additional collaboration among all stakeholders. While we 
strongly support public involvement and community 
collaboration, the concept of legislating management direction 
is problematic. We find the land exchange provisions and 
several of the wilderness designations to be especially 
troubling. We would like to work with this committee and the 
sponsors to ensure that existing legal and cooperative 
frameworks for decision-making continue to be honored as we 
seek to meet the goals of the legislation.
Overview
    S. 647 would expand the National Wilderness Preservation 
System and the National Wild and Scenic Rivers System, and 
designate national recreation areas, and a special resources 
management unit. It would provide for the retention of fees 
from recreation and other special uses and establish a 
recreational working group.
    In addition, the bill would direct the Secretary to work 
with State, local, and other Federal governments to develop an 
integrated multi-modal transportation plan, and, with the State 
of Oregon, study the feasibility of establishing a gondola 
connection and a multi-modal transportation center located near 
Government Camp.
    The bill would require the Secretary of Agriculture to 
conduct a Forest Stewardship Assessment to address forest 
health, to establish Memoranda of Understanding for watershed 
management between the Forest Service and irrigation districts 
or municipalities and to study long-term biomass available on 
the Mount Hood National Forest. The bill would direct the 
Secretary to establish priority-use areas and provide for the 
gathering of first foods by members of Indian tribes with 
treaty-reserved gathering rights.
    The bill would require the Secretary to enter into 
specified land exchanges with private landowners and directs 
the Secretary to publish a prospectus to operate a ski area and 
inn that would be acquired in an exchange.
Analysis
    The Administration supports many of the concepts and 
provisions of this bill, including some wilderness and wild and 
scenic river designations, and the attention focused on 
recreation, watershed and forest health and transportation 
issues on and around Mount Hood.
    We would like to work with the committee and sponsors to 
correct technical items and resolve concerns regarding the 
legislation including: (1) Effects of some of the wilderness 
proposals; (2) special use fee retention; (3) restrictive 
management requirements of the Crystal Springs Watershed 
Management Unit; (4) the requirement to enter into a land 
exchange that, in our consideration, is not in the public 
interest; and (5) the requirement to undertake procedures 
required by the National Environmental Policy Act, the 
Endangered Species Act, and other laws for a legislated land 
exchange when the statute leaves no discretion to take into 
consideration the information obtained by these procedures.
    The bill also authorizes approximately $2 million in 
appropriations and many new management activities without 
identifying sources of funding or proposed offsets. It requires 
some 20 different types of plans, studies, and management 
activities without consideration for ongoing forest or regional 
priorities. It sets multiple timelines that are unachievable 
given the volume of work, current staffing, and requirements 
for third party participation.
Wilderness
    S. 647 proposes to designate approximately 128,800 new 
acres of wilderness on the Mount Hood National Forest, and 
about 1,700 acres of wilderness on adjacent lands managed by 
the Bureau of Land Management. The Administration would support 
the designation of wilderness for areas that are consistent 
with the hallmarks of wilderness described in the Wilderness 
Act of 1964 areas dominated by the forces of nature, with 
primeval character and natural conditions that contrast with 
developed lands and offering outstanding opportunities for 
solitude or primitive and unconfined recreation.
    The best opportunities for achieving these conditions are 
within those proposed areas that are contiguous to existing 
wilderness areas. The additions that, in our opinion, could 
enhance existing wilderness areas include approximately 59,000 
acres consisting of the following: Bull of the Woods (5,400 
acres), Mount Hood (2,000 acres), Salmon-Huckleberry (7,700 
acres), Roaring River (31,000 acres), and Gorge Face (12,500 
acres).
    We would like to work with the committee to seek agreement 
on mapping changes that would provide more manageable boundary 
locations and enhance the overall wilderness character of the 
proposed wildernesses. We also seek the flexibility in 
legislative language to make minor boundary adjustments prior 
to survey to exclude non-conforming uses such as power lines, 
roads and existing permitted operations. In addition, we 
understand that some of the maps referenced in the legislation 
have been modified since the bill was first introduced, and 
bill language should be amended to reflect the changes.
    We have specific concerns with other proposed wilderness 
designation including many of the smaller, isolated areas. 
These areas are currently managed for values and uses that are 
inconsistent with wilderness designation, including motorized 
access. Examples of proposed wilderness with limited or 
impaired wilderness character would include areas close to I-84 
and Highways 35 and 26, and small extrusions and peninsulas 
extending from existing wilderness and from some of the 
proposed new wilderness. We believe these proposed areas would 
be adversely impacted from adjacent activities or from 
activities associated with the continuation of existing uses, 
such as mountain biking and motorized camping. We would like to 
work with the committee to explore alternatives that could meet 
the intent of protecting these areas for future generations 
short of wilderness designation.
    S. 647 proposes new wilderness within the boundary of the 
Columbia River Gorge National Scenic Area (CRGNSA) designated 
by Congress in 1986. Most of the area within the CRGNSA covered 
under the bill is adjacent to urbanized areas and significant 
infrastructure (such as the cities of Hood River, Bonneville, 
and Cascade Locks, the unincorporated communities of Dodson and 
Warrendale, Bonneville Power Administration's high voltage 
power lines that traverse and transect the Gorge, Interstate 
84, and the Union Pacific Rail Line). We believe that adjacent 
land uses, in conjunction with special provisions for existing 
rights such as the Army Corps of Engineers permit related to 
Bonneville Dam, could potentially conflict with and compromise 
the wilderness character of the proposed Gorge Face Wilderness. 
The CRGNSA designation has been highly successful in protecting 
and enhancing the scenic, cultural, and natural and recreation 
resources of the area while accommodating economic development 
consistent with these purposes.
    Section 106 would require the Secretary to construct a 
system of defensible fuel profile zones. Significant 
intergovernmental agency and community involvement has resulted 
in the development of the City of Cascade Locks Community and 
the Clackamas County Community Wildfire Protection Plans, 
completed in 2005. Implementation is being planned by the 
Forest Service and these partners at this time. However, it 
would be difficult to implement the proposed zones in a manner 
consistent with the Mount Hood National Forest Management Plan. 
The area around Government Camp is spotted owl habitat. 
Previous fuel reduction projects in this vicinity have been 
limited because effective treatment would change the stand 
composition, conflicting with spotted owl habitat. More 
flexibility in bill language would address this concern
Wild and scenic river designations
    The Department supports the wild and scenic river 
designations proposed by S. 647, with the exception of the 
Fifteen Mile Creek and the East Fork Hood River. The former did 
not rise to a level of significance for a wild and scenic river 
eligibility study during the Land and Resource Management 
Planning process and we believe it still does not merit further 
consideration. The East Fork Hood River was determined not a 
suitable addition to the National Wild and Scenic Rivers System 
in the Mount Hood Land and Resource Management Plan. The 
paragraphs amending Section 3(a) of the Wild and Scenic Rivers 
Act should not be numbered, and several river-specific 
proposals require further clarification. We look forward to 
working with the committee to address these concerns.
    The Forest Service is also concerned about its ability to 
protect wild and scenic river values with regard to particular 
wild and scenic river boundary locations; the language relative 
to water rights and flow requirements; culverts; and treatment 
of State highways. We prefer that the boundaries be adjusted to 
exclude potentially nonconforming activities to protect the 
values associated with these special resources. We would like 
to work with the committee on amendments to address these 
concerns.
Recreation
    Title IX of the bill would, for a 10-year period, provide 
for retention of land use fees from special use authorizations, 
recreation residences, resorts (including winter recreation 
resorts), communication uses, linear rights-of-way, and other 
special uses. Revenues would be held in a special account for 
expenditure toward a variety of purposes, such as installation, 
repair, maintenance, and enhancement related to visitor 
enjoyment, access, and health and safety.
    We recognize the importance of outdoor recreation to the 
social and economic well-being of the Mount Hood region today 
and into the future. We share the sponsors' concerns with the 
challenges of managing complex and often conflicting recreation 
values and uses. However, the new fee retention authority for 
the Mount Hood National Forest as specified in the legislation 
is objectionable. The inclusion of new authority for retention 
and expenditure of land use fees would result in a loss of 
Treasury receipts which are used to fund ongoing programs.
    The proposed legislation would provide for the 
establishment of a Mount Hood National Forest Recreational 
Working Group that would be exempt from the Federal Advisory 
Committee Act (FACA). This working group would provide advice 
on planning and implementing recreational enhancements on the 
Mount Hood National Forest, including advice on how the 
retained fees should be expended. The FLREA already requires 
the creation of a Recreational Advisory Committee, with similar 
membership. We believe creation of any additional advisory 
council would be administratively burdensome and costly and 
would like to work with the Committee to develop a means to 
address the objectives of this provision.
    S. 647 would designate a Mount Hood National Recreation 
Area (NRA). The Administration supports this designation, which 
recognizes the variety of recreational activities that visitors 
currently enjoy in the proposed area. We also appreciate the 
significant changes in language reflected in this bill in 
response to Administration concerns with language in previous 
versions. We suggest that some of the smaller isolated tracts 
now proposed for wilderness would be better protected as 
additions to the proposed national recreation areas as an 
alternative to wilderness designation.
    The bill proposes only the Mount Hood NRA, although the 
maps reference two additional national recreation areas: the 
Fifteenmile Creek NRA, and the Shellrock Mountain NRA. As 
mapped, the Mount Hood NRA overlaps the proposed Badger Creek 
Wilderness (3,004 acres), the proposed Barlow Butte Wilderness 
Area (1,973 acres) and the proposed Twin Lakes Wilderness Area 
(6,359 acres). This dual designation would prove difficult to 
manage and could also be confusing to the public. We suggest 
that national recreation area designation for all of these 
areas is most appropriate. The bill should be amended to 
reflect the designation of the three separate national 
recreation areas referenced on the maps.
Transportation
    The Administration supports collaboratively participating 
with the State of Oregon, local governments, and Federal 
departments in the development of a comprehensive, multi-modal 
transportation strategy for the Mount Hood region. We do not 
support language contained in Section 402(e), which assigns 
responsibility for the transportation plan to the Secretary, or 
Section 402(f) which authorizes the appropriation of $2 million 
to carry out the section. Existing funding mechanisms under 
section 1117 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) 
(P.L. 109-59) are already available to the Oregon Department of 
Transportation to address transportation planning. Indeed, the 
Mount Hood National Forest has recently secured $100,000 of 
funding under section 3021 of SAFETEA-LU for the State to begin 
work on preliminary planning. The transportation plan will 
include a review and compilation of all existing studies 
related to transportation in the Mount Hood region.
    In addition to the transportation plan, the bill would 
require the Secretary to conduct a study of the feasibility of 
establishing a gondola connecting Timberline Lodge to 
Government Camp and an inter-modal transportation center in 
close proximity to Government Camp. Given the complexity of 
conducting this study, we suggest that the Department of 
Transportation has the appropriate expertise to carry it out.
    A 2001 gondola feasibility study conducted with funding 
from the Federal Highway Administration estimated the cost to 
construct a gondola from Government Camp to Timberline Lodge 
ranged from $21 to $26 million, and estimated the cost of the 
gondola from Government Camp to Mount Hood Meadows ranged from 
$37 to $56 million. We do not believe another study of the 
gondola feasibility would be needed and we would recommend 
including the completed study as part of the regional 
transportation planning process.
    Section 404 authorizes the Secretary to provide State and 
Private Forestry program grants to Cascade Locks and Hood River 
County for the burial of power lines, but the use of these 
funds is inconsistent with the purposes of the State and 
Private Forestry program. Section 405 allows for activities not 
normally permitted in designated wilderness and wild and scenic 
rivers to repair, realign, expand capacity, and carry out other 
activities for Highway 35 and any other existing State highway. 
We would like to work with the sponsors to adjust the proposed 
wilderness and wild and scenic river boundaries to reduce the 
need for these types of activities within these designations 
while still allowing the State to respond to unforeseen 
emergencies.
Forest and watershed stewardship
    We support the objectives of the Forest Stewardship 
Assessment in both bills to determine forest health needs. The 
Forest Service is currently developing an integrated vegetation 
management approach similar to the approach provided for in the 
legislation. The ability to use existing information and 
processes would expedite developing a forest stewardship 
assessment consistent with other agency efforts. However, the 
legislation requires commencement of implementation of the 
stewardship assessment projects within a limited time frame, 
and the Department is concerned this requirement will redirect 
other available funds allocated to meet higher priority needs. 
The bill, if enacted, therefore would require the Forest 
Service to utilize existing funds and displace other, more 
critical, ongoing work. Again, we would like to work with the 
committee to address this concern.
    We support the concept of assessing the amount of long-term 
sustainable biomass available in the Mount Hood National 
Forest. The Forest Service has already begun a study as part of 
a recent memorandum of understanding signed by the Confederated 
Tribes of Warm Springs and others to analyze the supply of 
biomass for a tribal co-generation plant. The bill restricts 
biomass material to by-products from forest restoration 
activities. We would like to work with the sponsors to expand 
the definition of biomass to be consistent with the language in 
the memorandum of understanding with the Confederated Tribes of 
Warm Springs.
Local and tribal relations
    The bills would encourage the Secretary of Agriculture to 
cooperate with the Tribes, Federal and State entities, and 
local communities. We support this general direction. We also 
support the requirement to identify, establish, develop, and 
manage priority-use areas for gathering of first foods by 
member of Indian tribes with treaty reserved rights (as 
provided in section 802(a) of S. 647.
Land conveyances
    We appreciate the sponsors' efforts to resolve long-
standing conflicts on Mount Hood with the Cooper Spur- 
Government Camp land exchange proposal, as well as the changes 
in the bill to address some of the valuation-related concerns 
expressed in previous testimony.
    While we support the direction in S. 647 to use nationally 
recognized appraisal standards, the Administration objects to 
the bill's requirements that depart from those standards. The 
Administration also objects to the additional requirements that 
the date of valuation be the spring of 2005 and that appraisal 
be approved by other parties, namely the County and Mt. Hood 
Meadows. To protect the public's investment, appraisals 
performed for any proposed exchange should be done as close to 
the date of transaction as is feasible. Approval of appraisals 
is normally solely at the discretion of the Secretary. Mount 
Hood Meadows and Clackamas County should have the opportunity 
to provide the appraisers with market information, but should 
not share approval authority with the Secretary because of 
their potential interest in the outcome. We have a number of 
suggestions for improving the land exchange proposal.
    First, we recommend reconsideration of the requirements 
that the Forest Service would take possession of an aging 
infrastructure, solicit a new concessionaire, and be prohibited 
from subsequent land or facility adjustments, because all could 
be problematic.
    Second, we suggest consideration of alternative exchange 
lands. The 770 acres of private lands offered to the United 
States at Cooper Spur do not have national forest 
characteristics. They are heavily disturbed, fragmented and 
interspersed with roads, power-lines, and subdivisions.
    Third, we recommend re-evaluation of the unique resource 
implications of privatizing the two parcels of land at 
Government Camp. We have other concerns regarding the Cooper 
Spur land exchange process and would like to work with the 
committee on amendments to address these concerns.
    The Administration supports the proposed exchange with the 
Port of Cascade Locks to improve the Pacific Crest National 
Scenic Trail. The administration does not object to the 
Hunchback Mountain exchange with Clackamas County. We note that 
this exchange would require a legislated adjustment to the Mt. 
Hood National Forest Boundary and we would work with the 
committee to address this.
    Sec. 503(f)(1) provides that it is the intent of Congress 
that the Secretary complete all legal and regulatory processes 
required for the exchange of Federal land and the non-Federal 
land in 16 months. This timeframe is unachievable given the 
applicable requirements for environmental studies, public 
participation, evaluation of alternatives, Endangered Species 
Act consultation, additional third-party consultation 
requirements in this legislation, and the limitations in 
sharing costs with the proponents, as well as conflicts with 
the Region's existing priorities for critical land exchange 
work.
    In addition, the requirement that provisions with 
legislated outcomes, such as the land exchanges, be subject to 
participatory environmental laws such as the National 
Environmental Policy Act is not consistent with the 
requirements of such laws since there is no ability for the 
agency or the public to effect adjustments to the proposal 
because the outcome is specified in the legislation.
    The Administration could support relevant conveyances if 
bill language is amended to address these concerns.
Summary
    In summary Mr. Chairman, while we are encouraged by the 
sponsor's efforts on behalf of the Mount Hood National Forest, 
the Administration has significant concerns with S. 647 as 
presently written. Nevertheless, we see a great potential, 
working with the many stakeholders of the region and beyond, to 
meet the bills objectives to protect for future generations the 
recreation opportunities and resource values of the Mount Hood 
National Forest. We believe we can accomplish these objectives 
using existing authorities as well as some of the provisions of 
the bill. We strongly support negotiated agreements on land 
management and we are committed to continuing to work on the 
sections where we have concerns.

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                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 647, as ordered reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                     A. WILD AND SCENIC RIVERS ACT

             (PUBLIC LAW 90-542; APPROVED OCTOBER 2, 1968)

  AN ACT To provide a National Wild and Scenic Rivers System, and for 
                             other purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
    That (a) this Act may be cited as the ``Wild and Scenic 
Rivers Act''.

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    Sec. 3(a). The following rivers and the land adjacent 
thereto are hereby designated as components of the national 
wild and scenic rivers system:
          (167) White salmon river, washington.--

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          (168) Black butte river, california.--

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          [(167)] (169) Musconetcong river, new jersey.--

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          (170) South fork clackamas river.--The 4.2-mile 
        segment of the South Fork Clackamas River from its 
        confluence with the East Fork of the South Fork 
        Clackamas to its confluence with the Clackamas River, 
        to be administered by the Secretary as a wild river.
          (171) Eagle creek.--The 8.3-mile segment of Eagle 
        Creek from its headwaters to the Mount Hood National 
        Forest boundary, to be administered by the Secretary of 
        Agriculture as a wild river.
          (172) Middle fork hood river.--The 3.7-mile segment 
        of the Middle Fork Hood River from the confluence of 
        Clear and Coe Branches to the north section line of 
        section 11, township 1 south, range 9 east, to be 
        administered by the Secretary of Agriculture as a 
        scenic river.
          (173) South fork roaring river.--The 4.6-mile segment 
        of the South Fork Roaring River from its headwaters to 
        its confluence with Roaring River, to be administered 
        by the Secretary of Agriculture as a wild river.
          (174) Zig zag river.--The 4.3-mile segment of the Zig 
        Zag River from its headwaters to the Mount Hood 
        Wilderness boundary, to be administered by the 
        Secretary of Agriculture as a wild river.
          (175) Fifteenmile creek.--
                  (A) In general.--The 11.1-mile segment of 
                Fifteenmile Creek from its source at Senecal 
                Spring to the southern edge of the northwest 
                quarter of the northwest quarter of section 20, 
                township 2 south, range 12 east, to be 
                administered by the Secretary of Agriculture in 
                the following classes:
                          (i) the 2.6-mile segment from its 
                        source at Senecal Spring to the Badger 
                        Creek Wilderness boundary, as a wild 
                        river;
                          (ii) the 0.4-mile segment from the 
                        Badger Creek Wilderness boundary to the 
                        point 0.4 miles downstream, as a scenic 
                        river;
                          (iii) the 7.9-mile segment from the 
                        point 0.4 miles downstream of the 
                        Badger Creek Wilderness boundary to the 
                        western edge of section 20, township 2 
                        south, range 12 east as a wild river; 
                        and
                          (iv) the 0.2-mile segment from the 
                        western edge of section 20, township 2 
                        south, range 12 east, to the southern 
                        edge of the northwest quarter of the 
                        northwest quarter of section 20, 
                        township 2 south, range 12 east as a 
                        scenic river.
                  (B) Inclusions.--Notwithstanding section 3(b) 
                of this Act, the lateral boundaries of both the 
                wild river area and the scenic river area along 
                Fifteenmile Creek shall include an average of 
                not more than 640 acres per mile measured from 
                the ordinary high water mark on both sides of 
                the river.
          (176) East fork hood river.--The 13.5-mile segment of 
        the East Fork Hood River from Oregon State Highway 35 
        to the Mount Hood National Forest boundary, to be 
        administered by the Secretary of Agriculture as a 
        recreational river.
          (177) Collawash river.--The 17.8-mile segment of the 
        Collawash River from the headwaters of the East Fork 
        Collawash to the confluence of the mainstream of the 
        Collawash River with the Clackamas River, to be 
        administered in the following classes:
                  (A) the 11.0-mile segment from the headwaters 
                of the East Fork Collawash River to Buckeye 
                Creek, as a scenic river; and
                  (B) the 6.8-mile segment from Buckeye Creek 
                to the Clackamas River, as a recreational 
                river.
          (178) Fish creek.--The 13.5-mile segment of Fish 
        Creek from its headwaters to the confluence with the 
        Clackamas River, to be administered by the Secretary of 
        Agriculture as a recreational river.

            B. COLUMBIA RIVER GORGE NATIONAL SCENIC AREA ACT

            (PUBLIC LAW 99-663; APPROVED NOVEMBER 17, 1986)

 AN ACT To protect and provide for the enhancement of the resources of 
            the Columbia River Gorge, and for other purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
    Sec. 1. This Act may be referred to as the ``Columbia River 
Gorge National Scenic Area Act''.

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    Sec. 13(a). Water Resource Projects.--The following rivers 
and streams shall be subject to the same restrictions on the 
licensing, permitting, and exempting from licensing and the 
construction of water resource projects as provided for 
components of the National Wild and Scenic Rivers System 
pursuant to section 7(a) of the Wild and Scenic Rivers Act (16 
U.S.C. 1278(a)):

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    (4) the Hood River, Oregon, [for a period not to exceed 
twenty years from the date of enactment of this Act,] if such 
facility impounds or diverts water other than by means of a dam 
or diversion existing as of date of enactment of this Act; and

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