HR
5025 IH
109th CONGRESS
2d Session
H. R. 5025
To
protect for future generations the recreational opportunities, forests, timber,
clean water, wilderness and scenic values, and diverse habitat of
IN THE HOUSE OF REPRESENTATIVES
Mr.
WALDEN of Oregon (for himself, Mr. BLUMENAUER, Ms. HOOLEY, and Mr. DEFAZIO)
introduced the following bill; which was referred to the Committee on
Resources, and in addition to the Committee on Agriculture, for a period to be
subsequently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To
protect for future generations the recreational opportunities, forests, timber,
clean water, wilderness and scenic values, and diverse habitat of
Be it enacted by the Senate and House
of Representatives of the
(a) Short Title- This Act may be
cited as the `Mount Hood Stewardship Legacy Act'.
(b) Table of Contents- The table of
contents for this Act is as follows:
Sec. 1. Short title and table of
contents
Sec. 2. Implementation
Sec. 101. Purpose
Sec. 102. Designation of wilderness
areas,
Sec. 103. Administration of
wilderness areas
Sec. 104. Maintenance and replacement
of foot bridges in wilderness areas
Sec. 201. Purpose
Sec. 202. Wild and scenic river
designations, Mount Hood National Forest
Sec. 203. Relation to Middle Fork
Irrigation District
Sec. 301. Purpose
Sec. 302. Retention of Mount Hood National
Forest land use fees from special use authorizations
Sec. 303. Use of funds in special
account to support recreation
Sec. 304. Annual reporting
requirement
Sec. 305. Mount Hood National Forest
Recreational Advisory Council
Sec. 306. Consideration of conversion
of forest roads to recreational uses
Sec. 307. Improved trail access for
persons with disabilities
Sec. 401. Purpose
Sec. 402. Mount Hood region defined
Sec. 403. Transportation plan
Sec. 404. Study regarding gondola connection
and intermodal transportation center
Sec. 501. Purpose
Sec. 502. Forest Stewardship Plan
Sec. 503. Sustainable biomass
utilization study
Sec. 504. Watershed management
memorandums of understanding
Sec. 601. Purpose
Sec. 602. Establishment of Crystal
Springs Watershed Special Resources Management Unit
Sec. 603. Administration of
Management Unit
Sec. 604. Acquisition of lands
Sec. 605. Effective date
Sec. 701. Purpose
Sec. 702. First foods gathering areas
Sec. 703. Forest Service coordination
with State and local governments
Sec. 704. Savings provisions
regarding relations with Indian tribes
Sec. 705. Improved natural disaster
preparedness
Sec. 801. Purpose
Sec. 802. Cooper Spur-Government Camp
Land Exchange
Sec. 803. Treatment of Inn at Cooper
Spur and the Cooper Spur Ski Area
Sec. 804. General provisions
Sec. 811. Land exchange, Port of
Cascade Locks-Pacific Crest National Scenic Trail
References in this Act to the
Secretary of Agriculture or the Secretary mean the Secretary of Agriculture,
acting through the Forest Service.
The purpose of this title is to
designate approximately 77,500 acres of National Forest System land in the
Mount Hood National Forest as wilderness, which represents a 41 percent
increase in the amount of designated wilderness in the national forest and the
first new wilderness designated in the national forest since 1984.
(a) Designation- In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the Mount
Hood National Forest are designated as wilderness and, therefore, as components
of the National Wilderness Preservation System:
(1) BIG BOTTOM WILDERNESS- National
Forest System land comprising approximately XXXXX acres, as generally
depicted on the map entitled `XXXXX' and dated XXXXXXX, 2006,
which shall be known as the `Big Bottom Wilderness'.
(2) BULL OF THE WOODS WILDERNESS
ADDITION- National Forest System land comprising approximately XXXXX
acres, as generally depicted on the map entitled `XXXXX' and dated XXXXXXX,
2006, is incorporated in and shall considered to be a part of the Bull of the
Woods Wilderness, as designated by section 3(4) of the Oregon Wilderness Act of
1984 (16 U.S.C. 1132 note; Public Law 98-328).
(3) COOPER SPUR WILDERNESS- National
Forest System land comprising approximately XXXXX acres, as generally
depicted on the map entitled `XXXXX' and dated XXXXXXX, 2006,
which shall be known as the `Cooper Spur Wilderness'.
(4) GORGE RIDGELINE WILDERNESS-
National Forest System land comprising approximately XXXXX acres, as
generally depicted on the map entitled `XXXXX' and dated XXXXXXX,
2006, which shall be known as the `Gorge Ridgeline Wilderness'.
(5) MOUNT HOOD WILDERNESS ADDITIONS-
National Forest System land comprising approximately XXXXX acres, as
generally depicted on the map entitled `XXXXX' and dated XXXXXXX,
2006, is incorporated in and shall considered to be a part of the Mount Hood
Wilderness, as designated by section 3 of the Wilderness Act (16 U.S.C. 1132).
(6) ROARING RIVER WILDERNESS-
National Forest System land comprising approximately XXXXX acres, as
generally depicted on the map entitled `XXXXX' and dated XXXXXXX,
2006, which shall be known as the `Roaring River Wilderness'.
(7) SALMON-HUCKLEBERRY WILDERNESS
ADDITION- National Forest System land comprising approximately XXXXX
acres, as generally depicted on the map entitled `XXXXX' and dated XXXXXXX,
2006, is incorporated in and shall considered to be a part of the
Salmon-Huckleberry Wilderness, as designated by section 3(2) of the Oregon
Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-328).
(b) Maps and Legal Description-
(1) SUBMISSION OF LEGAL DESCRIPTIONS-
As soon as practicable after the date of the enactment of this Act, the
Secretary of Agriculture shall prepare and submit to Congress a legal
description of each wilderness area designated by subsection (a).
(2) FORCE OF LAW- The maps referred
to in subsection (a) and the legal descriptions prepared under paragraph (1)
shall have the same force and effect as if included in this Act, except that
the Secretary may correct technical errors in the maps and legal descriptions.
The Secretary shall notify Congress of any change made in a map or legal
description under the authority of this paragraph and the reason for the
change.
(3) PUBLIC AVAILABILITY- The maps
referred to in subsection (a) and the legal descriptions prepared under
paragraph (1) shall be filed and made available for public inspection in the
appropriate offices of the Forest Service.
(c) Character of Designated Land-
(1) EXCLUSION OF PRIVATE LAND- It is
the intent of Congress that the wilderness areas designated or expanded by this
section do not incorporate any private land in-holding. If any private land is
inadvertently included within the boundaries of a wilderness area designated or
expanded by this section, the Secretary of Agriculture shall ensure that the
landowner continues to have reasonable access to the private land.
(2) EXCLUSION OF POWER LINE- In the
case of the Roaring River Wilderness established by subsection (a)(6), it is
the intent of Congress to exclude from the wilderness area the transmission
lines of the Oak Grove Hydroelectric Project along State Highway 224.
(3) NO PRECEDENT VALUE- Nothing in
this subsection is intended to establish a precedent with regard to the
designation of Federal land as wilderness by any provision of law enacted after
the date of the enactment of this Act.
(a) Management- Subject to valid
existing rights, the National Forest System land designated as wilderness by
section 102 shall be administered by the Secretary of Agriculture in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in
the Wilderness Act to the effective date of such Act shall be considered to be
a reference to the date of the enactment of this Act.
(b) Incorporation of Acquired Land
and Interests- Any non-Federal land that is located within the boundaries of
the National Forest System land designated as wilderness by section 102 and is
acquired by the United States after the date of the enactment of this Act
shall--
(1) become part of the wilderness
area in which the land is located; and
(2) be managed in accordance with
this title, the Wilderness Act (16 U.S.C. 1131 et seq.), and other laws
applicable to the wilderness area.
(c) Withdrawal- Subject to valid
existing rights, the National Forest System land designated as wilderness by
section 102 is withdrawn from all forms of--
(1) entry, appropriation, or disposal
under the public land laws;
(2) location, entry, and patent under
the mining laws; and
(3) disposition under all laws
pertaining to mineral and geothermal leasing or mineral materials.
(d) Fire, Insect, and Disease
Management Activities- In accordance with section 4(d)(1) of the Wilderness Act
(16 U.S.C. 1133(d)(1)) and House Report No. 98-40 of the 98th Congress, the
Secretary of Agriculture may take such measures on the National Forest System
land designated as wilderness by section 102 as are necessary for the control
and prevention of fire, insects, and diseases.
(e) Snow Sensors and Stream Gauges-
Nothing in this title prevents the installation and maintenance of hydrologic,
meteorologic, or climatological instrumentation on the National Forest System
land designated as wilderness by section 102 if the Secretary of Agriculture
determines that hydrologic, meteorologic, or climatological instrumentation is
appropriate to further the scientific, educational, and conservation purposes
of the wilderness areas.
(f) Military Activities- Nothing in
this Act precludes low-level overflights of military aircraft, the designation
of new units of special airspace, or the use or establishment of military
flight training routes over the National Forest System land designated as
wilderness by section 102.
(g) Livestock- Grazing of livestock
and the maintenance of existing facilities related to grazing on the National
Forest System land designated as wilderness by section 102, where established
before the date of the enactment of this Act, shall be permitted to continue in
accordance with--
(1) section 4(d)(4) of the Wilderness
Act (16 U.S.C. 1133(d)(4)); and
(2) the guidelines set forth in
Appendix A of the report of the Committee on Interior and Insular Affairs of
the House of Representatives accompanying H.R. 2570 of the 101st Congress (H.
Rept. 101-405).
(h) Fish and Wildlife Management-
(1) IN GENERAL- In furtherance of the
purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary of
Agriculture may carry out management activities to maintain or restore fish and
wildlife populations and fish and wildlife habitats on the National Forest
System land designated as wilderness by section 102 if such activities are
consistent with applicable wilderness management plans and carried out in
accordance with applicable guidelines and policies. Nothing in this Act affects
the jurisdiction of the State of Oregon with respect to fish and wildlife on
the public land located in the State.
(2) BULL TROUT RESTORATION PROJECT-
It is the intent of Congress that nothing in this title prevents the Secretary
of Agriculture from conducting the Bull Trout restoration project underway as
of the date of the enactment of this Act in Clear Branch Creek west of Lawrence
Lake in order to restore historic trout populations and habitat.
(i) Continued Use by Members of
Indian Tribes-
(1) ACCESS- In recognition of the
past use of the National Forest System land designated as wilderness by section
102 by members of Indian tribes for traditional cultural and religious
purposes, the Secretary of Agriculture shall ensure that Indian tribes have
access to the wilderness areas for traditional cultural and religious purposes.
(2) TEMPORARY CLOSURES- In carrying
out this subsection, the Secretary, at the request of an Indian tribe, may
temporarily close to the general public one or more specific portions of the
National Forest System land designated as wilderness by section 102 to protect
the privacy of the members of the Indian tribe in the conduct of the
traditional cultural and religious activities in the wilderness area. Any such
closure shall be made in such a manner as to affect the smallest practicable
area for the minimum period of time necessary for the activity to be carried
out.
(3) APPLICABLE LAW- Access to the
wilderness areas under this subsection shall be provided in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and Public Law 95-341 (commonly known
as the American Indian Religious Freedom Act; 42 U.S.C. 1996 et seq.).
(j) Adjacent Management- Nothing in
this Act creates protective perimeters or buffer zones around the National
Forest System land designated as wilderness by section 102. The fact that
nonwilderness activities or uses can be seen or heard from the designated
wilderness shall not preclude the conduct of those activities or uses outside
the boundary of the wilderness area.
In the case of each wilderness area
designated or expanded by section 102, it is the intent of Congress that the
Secretary of Agriculture be able to provide for the maintenance of the foot
bridge crossings in the wilderness area and, when needed, the replacement of
the foot bridge crossings to ensure public access and safety.
The purpose of this title is to
designate approximately 23 miles of waterways within the Mount Hood National
Forest as additions to the National Wild and Scenic Rivers System, which
represents a 19 percent increase in the total length of all of the waterways in
the national forest included in the system.
Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following
new paragraph:
`(168) Mount Hood National Forest,
Oregon- The following rivers within the Mount Hood National Forest in the State
of Oregon, to be administered by the Secretary of Agriculture:
`(A) The 4.1 miles of the South Fork
of the Clackamas River, as generally depicted on the map entitled `[insert map
name]' and dated XXXXX, 2006 (in this paragraph referred to as the
`map'), as a scenic river.
`(B) The 8.3 miles of Eagle Creek, as
generally depicted on the map, consisting of 7.2 miles as a wild river and 1.1
miles as a recreational river.
`(C) The 3.7 miles of the Middle Fork
of the Hood River, as generally depicted on the map, as a scenic river.
`(D) The 4.6 miles of the South Fork
of the Roaring River, as generally depicted on the map, as a wild river.
`(E) The 2.9 miles of the Upper Reach
of the Zig Zag River, as generally depicted on the map, as a wild river.'.
(a) No Impact on Water Rights or Flow
Requirements- The designation of the Middle Fork of the Hood River as a XXX
river by paragraph (168)(C) of section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)), as added by section 202, is not intended to have any impact on
water rights or flow requirements with regard to the Middle Fork Irrigation
District.
(b) Exclusion of Operational Areas-
The area of the Middle Fork of the Hood River designated as a XXX river
by such paragraph does not include any portion of the operation area of the
Middle Fork Irrigation District.
The purpose of this title is to
recognize and support recreation as a dynamic social and economic component of
the legacy and future of the Mount Hood National Forest.
(a) Special Account- The Secretary of
the Treasury shall establish a special account in the Treasury for Mount Hood
National Forest.
(b) Deposits- Except as provided in
section 7 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act;
16 U.S.C. 580d), the National Forest Organizational Camp Fee Improvement Act of
2003 (title V of division F of Public Law 108-107; 16 U.S.C. 6231 et seq.),
Public Law 106-206 (commonly known as the Commercial Filming Act; 16 U.S.C.
460l-6d), and the Federal Lands Recreation Enhancement Act (title VIII of
division J of Public Law 108-477; 16 U.S.C. 6801 et seq.), all land use fees
from special use authorizations, such as recreation residences, resorts, winter
recreation resorts, communication uses, and linear rights-of-way, and all other
special use types issued with regard to Mount Hood National Forest shall be
deposited in the special account established under subsection (a).
(c) Availability- Amounts in the
special account established under subsection (a) shall remain available,
without further appropriation and until expended, for expenditure as provided
in section 303. Upon request of the Secretary of Agriculture, the Secretary of
the Treasury shall transfer to the Secretary of Agriculture from the special
account such funds as the Secretary of Agriculture may request. The Secretary shall
accept and use the funds in accordance with section 303.
(a) Authorized Uses- The Secretary of
Agriculture shall use funds received from the special account under section
302(c) for the following purposes related to Mount Hood National Forest:
(1) Trail maintenance, interpretive
programs, and other activities and projects to improve recreational services to
the public.
(2) Cooperative environmental
restoration projects with non-Federal partnership groups and associations.
(3) Law enforcement and rescue and
recovery efforts.
(4) Improving administration of
special use authorizations.
(5) Preparation of documents required
under the National Environmental Policy Act of 1969 in connection with the
improvement or development of recreational opportunities.
(b) Allocation Requirements- Of the
total funds received by the Secretary of Agriculture from the special account
under section 302(c) for a fiscal year, the Secretary shall allocate the funds
as follows:
(1) 95 percent of the funds to Mount
Hood National Forest.
(2) 5 percent of the funds to the
Regional Office for the Pacific Northwest Region of the Forest Service to
develop needed policy and training to support programs in wilderness areas, special
uses, trails, developed and dispersed recreation, and interpretation related to
Mount Hood National Forest.
The Secretary of Agriculture shall
submit to Congress an annual report specifying--
(1) the total funds received by the
Secretary from the special account under section 302(c) for the preceding
fiscal year;
(2) how the funds were allocated and
expended; and
(3) the results from such
expenditures.
(a) Establishment and Purpose- The
Secretary of Agriculture shall establish an advisory council (to be known as
the `Mount Hood National Forest Recreational Advisory Council') for the purpose
of providing advice and recommendations to the Forest Service on planning and
implementing recreation enhancements in Mount Hood National Forest, including
advice and recommendations regarding how the funds in the special account
established under section 302 should be requested and expended.
(b) Duties- The Advisory Council
shall--
(1) review projects proposed by the
Secretary for Mount Hood National Forest regarding--
(A) installation, repair,
maintenance, and facility enhancement related directly to visitor enjoyment,
visitor access, and health and safety, such as--
(i) improvements of trails, including
trails used for hiking, biking, and off-highway vehicles;
(ii) water system improvements; and
(iii) personal sanitation facilities
improvements;
(B) interpretation, visitor
information, visitor services, visitor needs assessments, mapping, signage,
Leave-No-Trace materials, and wilderness rangers;
(C) habitat restoration directly
related to recreation, such as improving habitat around trails converted from
closed or decommissioned forest roads under section 306;
(D) law enforcement related to public
use and recreation, such as law enforcement at recreation events, search and
rescue operations, illegal trail building investigations, and enforcement;
(2) propose projects described in
paragraph (1) to the Secretary;
(3) recommend the funding levels for
projects described in paragraph (1) to be derived from the special account
established under section 302; and
(4) provide opportunities for
citizens, organizations, Indian tribes, the Forest Service, and other interested
parties to participate openly and meaningfully, beginning at the early stages
of the development of projects described in paragraph (1).
(c) Appointment-
(1) APPOINTMENT AND TERM- The
Regional Forester, acting on behalf of the Secretary of Agriculture, shall
appoint the members of the Advisory Council for a term of three years beginning
on the date of appointment. A member may be reappointed to subsequent
three-year terms.
(2) INITIAL APPOINTMENT- The Regional
Forester shall make initial appointments to the Advisory Council not later than
180 days after the date of the enactment of this Act.
(3) VACANCIES- The Regional Forester
shall make appointments to fill vacancies on the Advisory Council as soon as
practicable after the vacancy has occurred.
(4) COMPENSATION- Members of the
Advisory Council shall not receive any compensation for their service on the
council.
(d) Composition of Advisory Council-
The Advisory Council shall be composed of 13 members, selected so that the
following activities and interest groups are represented:
(1) Summer non-mechanized recreation,
such as hiking.
(2) Winter non-motorized recreation,
such as snowshoeing and backcountry skiing.
(3) Mountain biking.
(4) Hunting and fishing.
(5) Summer motorized recreation, such
as off-highway vehicle use.
(6) Local environmental groups.
(7) Winter motorized recreation, such
as snowmobiling.
(8) Permitted ski areas.
(9) Forest products industry.
(10) Affected Indian tribes.
(11) Local government interests, such
as a county commissioner or city mayor in an elected position representing a
county or city directly adjacent or included within Mount Hood National Forest.
(12) A resident of Government Camp.
(13) The State of Oregon.
(e) Chairperson- The chairperson of
the Advisory Council shall be selected by a majority of the council.
(f) Other Council Authorities and
Requirements-
(1) STAFF ASSISTANCE- The Secretary
of Agriculture shall provide staff assistance to the Advisory Council from
Federal employees under the jurisdiction of the Secretary.
(2) MEETINGS- All meetings of the
Advisory Council shall be announced at least one week in advance in a local
newspaper of record and shall be open to the public.
(3) RECORDS- The Advisory Council
shall maintain records of the meetings of the council and make the records
available for public inspection.
(g) Limitation on Administrative
Assistance- Not more than five percent of the funds allocated under section
303(b)(1) to Mount Hood National Forest for a fiscal year may be used to
provide administrative assistance to the Advisory Council during that fiscal
year.
(a) Evaluation of Currently Closed
Roads-
(1) CONSIDERATION FOR RECREATIONAL
USE- As soon as practicable after the date of the enactment of this Act, the
Secretary of Agriculture shall make a determination regarding whether the
Forest Service roads in Mount Hood National Forest that were selected before
that date for closure and decommissioning, but have not yet been decommissioned,
should be converted to recreational uses to enhance recreational opportunities
in the national forest, such as conversion for use as single-track trails for
mountain bikes. In evaluating the feasibility and suitability of converting the
Forest Service roads to recreational uses, and the types of recreational uses
to be authorized, the Secretary shall take into account the environmental and
economic impacts of implementing the conversion and of the resulting
recreational uses.
(2) PUBLIC PROCESS- The consideration
and selection of Forest Service roads under this subsection for conversion to
recreational uses, and the types of recreational uses to be authorized, shall
be a public process, including consultation by the Secretary of Agriculture
with the Mount Hood National Forest Recreational Advisory Council.
(b) Inclusion as Part of Future
Closure Considerations- Whenever the Secretary of Agriculture considers a
Forest Service road in Mount Hood National Forest for possible closure and
decommissioning after the date of the enactment of this Act, the Secretary
shall include as an alternative to decommissioning the road consideration of
converting the road to recreational uses to enhance recreational opportunities
in the Mount Hood National Forest, such as conversion for use as single-track
trails for mountain bikes.
(a) Construction of Trail- The
Secretary of Agriculture may enter into a contract with a partner organization
or other person to design and construct a trail at a location selected by the
Secretary in Mount Hood National Forest suitable for use by persons with
disabilities.
(b) Public Process- The selection of
the trail location under subsection (a) and the preparation of the design of
the trail shall be a public process, including consultation by the Secretary of
Agriculture with the Mount Hood National Forest Recreational Advisory Council.
(c) Funding- The Secretary of
Agriculture may use funds in the special account established under section 302
to carry out this section.
The purpose of this title is to
support the development of an integrated, multi-modal transportation plan for
the Mount Hood region designed to achieve comprehensive solutions to
transportation challenges in the region necessary to promote appropriate
economic development, preserve landscapes, and enhance public safety.
In this title, the term `Mount Hood
region' means Mount Hood and the other areas immediately surrounding the
mountain, as well as the Highway 26 and Highway 35 corridors in and near Mount
Hood National Forest, other State, county, and Forest Service roads in and near
the national forest, and the gateway communities along these corridors and
roads.
(a) Forest Service Participation- The
Secretary of Agriculture is authorized and directed to work with the State of
Oregon to develop an integrated, multi-modal transportation plan for the Mount
Hood region.
(b) Planning Process- The
transportation plan shall conform with Federal and Oregon transportation
planning requirements and be the product of a collaborative process, preferably
through the use of a commission composed of interested persons appointed by the
State, with representation from the Forest Service and local governments in the
Mount Hood region.
(c) Scope of Plan- The transportation
plan shall address both--
(1) transportation of people to and
from areas outside the Mount Hood region on major corridors traversing the
region; and
(2) transportation of people from
place to place within the Mount Hood region.
(d) Specific Elements of Plan- At a
minimum, the transportation plan shall consider the following:
(1) Transportation alternatives between
and among recreation areas and gateway communities within the Mount Hood
region.
(2) Park and ride facilities at
gateway communities.
(3) Intermodal transportation centers
to link public transportation, parking, and recreation destinations.
(4) A new interchange on Highway 26
in or near Government Camp.
(5) Designation, maintenance, and
improvements of alternative routes utilizing Forest Service and or State roads
for emergency routes or improved access to, and travel within, the Mount Hood
region.
(6) Reconstruction of Highway 35 from
Mineral Creek to Baseline Road to address ongoing debris flow locations.
(7) Mechanisms for funding
implementation of the plan, including Federal grants or appropriations,
public-private partnerships, incremental tax financing, and other financing
tools that link transportation infrastructure improvements with development.
(e) Completion- The transportation
plan shall be completed within two years after the date on which funds are
first made available under subsection (f) for the plan.
(f) Funding Source- Of the amounts
appropriated under section 1117 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law 109-59; 23 U.S.C. 101
note; 119 Stat. 1177) for the Transportation, Community, and System
Preservation Program, $2,000,000 shall be made available to the State of Oregon
for the preparation of the transportation plan for the Mount Hood region.
(a) Study Authorized- The Secretary
of Agriculture shall conduct a study of the feasibility of establishing--
(1) a gondola connection between
Timberline Lodge and Government Camp, Oregon, in the vicinity of the historic
gondola corridor; and
(2) an intermodal transportation
center in or near Government Camp.
(b) Consideration of Sites- In
conducting the study under this section, the Secretary may include
consideration of one or more possible sites for the gondola connection and
intermodal transportation center.
The purpose of this title is to
promote forested landscapes resilient to catastrophic fire, insects, and
disease, to protect homes and communities from property damage and threats to
public safety, and to protect and enhance existing community or municipal
watersheds.
(a) Preparation of Plan- The
Secretary of Agriculture shall prepare a plan to address those areas of Mount
Hood National Forest with a high incidence of insect or disease infestation (or
both), heavily overstocked tree stands, or moderate-to-high risk of unnatural
catastrophic wildfire for the purpose of improving condition class, which
significantly improves the forest health and water quality.
(b) Improved Mapping- The preparation
of the forest stewardship plan may include improved mapping of condition class
2 and condition class 3 areas and other areas identified in subsection (a) in
Mount Hood National Forest.
(c) Public Participation- The Secretary
of Agriculture shall prepare the forest stewardship plan in coordination with
the resource advisory committee established under section 205 of the Secure
Rural Schools and Community Self-Determination Act of 2000 (Public 106-393; 16
U.S.C. 500 note) for Mount Hood National Forest and the public. Section 6(d) of
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1604(d)) also shall apply to the preparation (and any revision) of the plan.
(d) Completion- The Secretary of
Agriculture shall complete development of the forest stewardship plan not later
than one year after the date of the enactment of this Act.
(e) Duration of Plan- The forest
stewardship plan shall cover a 10-year period.
(f) Implementation- The Secretary of
Agriculture shall commence implementation of the forest stewardship plan not
later than one year after completion of the plan. The plan is intended to be
implemented using existing authorities available to the Secretary to manage
Mount Hood National Forest to achieve the purpose specified in subsection (a).
Nothing in this section grants the Secretary any authority to manage the
national forest contrary to existing law.
(a) Study Required- The Secretary of
Agriculture shall conduct a study to assess the amount of long-term sustainable
biomass available in the Mount Hood National Forest that, consistent with
applicable law, could be made available as a raw material for--
(1) the production of electric
energy, sensible heat, transportation fuel, or substitutes for petroleum-based
products;
(2) dimensional lumber, fencing,
framing material, poles, firewood, furniture, chips, pulp for paper; or
(3) other commercial purposes.
(b) Biomass Defined- In this section,
the term `biomass' means small diameter trees and understory vegetation that is
removed from forested land as a by-product of forest restoration efforts.
(a) Completion of Memorandums of
Understanding- To the extent that memorandums of understanding or other legal
agreements involving watersheds of Mount Hood National Forest do not exist
between irrigation districts or municipalities and the Forest Service, the
Secretary of Agriculture may complete memorandums of understanding that outline
stewardship goals to manage the watersheds for water quality and water
quantity.
(b) Elements of Memorandum- A
memorandum of understanding involving a watershed of Mount Hood National Forest
shall encourage adaptability, establish benchmarks regarding water quality and
water quantity, and require monitoring to determine progress in meeting such
benchmarks. The memorandum of understanding may restrict public access to areas
of the watershed where appropriate.
(c) Public Process Required-
(1) COLLABORATION AND CONSULTATION-
The Secretary of Agriculture shall ensure that the process by which the
Secretary enters into a memorandum of understanding with an irrigation
district, local government, or other entity involving a watershed of Mount Hood
National Forest is based on collaboration and cooperation between the Forest
Service and local jurisdictions and other interested persons.
(2) PUBLIC MEETING REQUIRED- The
Secretary and the other party or parties to the proposed memorandum of
understanding shall hold at least one joint public meeting before completing a
final draft of the memorandum of understanding.
(3) PUBLIC COMMENT- A draft
memorandum of understanding also shall be open to public comment before being
finalized.
The purpose of this title is to
establish a special resources management unit to ensure protection of the
quality and quantity of the Crystal Springs watershed as a clean drinking water
source for the residents of Hood River County, Oregon, while also allowing
visitors to enjoy its special scenic, natural, cultural, and wildlife values.
(a) Establishment- Effective as
provided by section 605, the Secretary of Agriculture shall establish a special
resources management unit in the State of Oregon consisting of all National
Forest System land that is located within 200 yards from any point on the
perimeter of the Crystal Springs Zone of Contribution, as determined by the
Crystal Springs Water District, and other National Forest System land in and
around the Inn at Cooper Spur and the Cooper Spur Ski Area, as depicted on the
map entitled `XXXXXX' and dated XXXXXX, 2006 (in this subtitle
referred to as the `official map').
(b) Designation- The special
resources management unit established pursuant to subsection (a) shall be known
as the Crystal Springs Watershed Special Resources Management Unit, in this
title referred to as the `Management Unit'.
(c) Exclusion of Certain Land- The
Management Unit does not include any National Forest System land otherwise
covered by subsection (a) that is designated as wilderness by title I.
(d) Withdrawal- Subject to valid
existing rights, National Forest System land included in the Management Unit
are permanently withdrawn from all forms of appropriation under the public land
laws, including the mining laws and mineral and geothermal leasing laws.
(e) Maps and Legal Description-
(1) SUBMISSION OF LEGAL DESCRIPTIONS-
As soon as practicable after the effective date specified in section 605, the
Secretary shall prepare and submit to Congress a legal description of the
Management Unit.
(2) FORCE OF LAW- The map referred to
in subsection (a) and the legal descriptions prepared under paragraph (1) shall
have the same force and effect as if included in this Act, except that the
Secretary may correct errors in the map and legal descriptions.
(3) PUBLIC AVAILABILITY- The map
referred to in subsection (a) and the legal descriptions prepared under
paragraph (1) shall be filed and made available for public inspection in the
appropriate offices of the Forest Service.
(a) General Applicability of Existing
Laws- Except as provided in this title, all other laws and regulations
affecting National Forest System lands shall continue to apply to the National
Forest System lands included in the Management Unit.
(b) Authorized Activities-
(1) PROCESS FOR ALLOWING ACTIVITIES-
Only activities described in this subsection may occur in the Management Unit,
and the Secretary of Agriculture may permit an activity described in this
subsection to occur in the Management Unit only after the Secretary--
(A) obtains the review and opinions
of the Crystal Springs Water District regarding the effect of the activity on
the purposes of the Management Unit;
(B) complies with all applicable
Federal law regarding development and implementation of the activity; and
(C) provides advance notice, an
opportunity to comment, and appeal rights regarding the activity to the general
public.
(2) RECREATION- The Secretary may
continue to maintain recreational opportunities and trails, in existence as of
the effective date specified in section 605, within their existing and historic
footprints.
(3) LEASE OF CERTAIN IMPROVEMENTS-
The Secretary may lease improvements and facilities, in existence as of the
effective date specified in section 605, within their existing and designated
footprints to one or more concessionaires.
(4) SALE OF CERTAIN IMPROVEMENTS- The
Secretary may sell the improvements and facilities known as the Inn at Cooper
Spur and the Cooper Spur Ski Area, as provided by subtitle A of title VIII.
(5) ROAD MAINTENANCE- Subject to subsection
(d), the Secretary may maintain roads, in existence as of the effective date
specified in section 605. Maintenance may include the installation of culverts
and drainage improvements and other similar activities.
(6) FUEL REDUCTION IN PROXIMITY TO IMPROVEMENTS-
The Secretary may permit non-commercial and pre-commercial fuel reduction up to
400 feet from historic and other structures on National Forest System land and
homes on adjacent private lands.
(7) OTHER FUEL REDUCTION AND FOREST
HEALTH ACTIVITIES- The Secretary may conduct fuel reduction and forest health
management activities, with priority given to activities that restore
previously harvested stands using non-commercial and pre-commercial means,
including the removal of logging slash, smaller diameter material, and ladder
fuels. The purpose of any fire risk reduction or forest health management
activity conducted in the Management Unit shall be the maintenance and
restoration of late-successional fire-resilient forest structures containing multi-storied
canopies and the protection of water quality, water quantity, scenic, cultural
natural and wildlife values. For purposes of this paragraph and paragraph (6),
pre-commercial activities mean the cutting of smaller diameter trees from
younger stands for the purposes specified in this paragraph and does not
preclude the sale of trees cut for firewood or other similar useful purposes.
(c) Specifically Prohibited
Activities- The following activities may not occur in the Management Unit,
whether separately or as part of an activity authorized by subsection (b):
(1) New road construction or
renovation of existing unused roads.
(2) Commercial timber harvesting.
(3) Domestic livestock grazing.
(4) The placement or maintenance of
fuel storage tanks.
(5) The application of any toxic
chemicals, including pesticides, rodenticides, herbicides, or retardants, for
any purpose, except with the consent of the Crystal Springs Water District.
(d) Management Plan- In consultation
with the Crystal Springs Water District, the Secretary of Agriculture shall
adopt a management plan for the Management Unit that, while providing for the
limited activities specifically authorized by subsection (b), protects the
watershed from illegal dumping, human waste, fires, vandalism and other risks
to water quality.
(e) Forest Road Closures- The
Secretary of Agriculture may require the gating and closure to the general
public of all Forest Service roads within the Management Unit, except for Cloud
Cap Road (#Forest Road 3512).
(f) Private Land- Nothing in this
section affects the use of, or access to, any private property in the Crystal
Springs watershed by the owners of the private property and their guests.
(g) Relationship With Water District-
Except as provided in this section, the Crystal Springs Water District has no
authorities over management or use of National Forest System land included in
the Management Unit.
(a) Acquisition Authority- The
Secretary of Agriculture may acquire from willing landowners any lands located
in the Crystal Springs Zone of Contribution within the boundaries of Mount Hood
National Forest. Lands so acquired shall automatically be added to the
Management Unit.
(b) Prohibition on Subsequent
Conveyance- The Secretary may not sell, trade, or otherwise transfer ownership
of any land within the Management Unit, including any of the land acquired
under subsection (a) or received by the Secretary as part of the Cooper
Spur-Government Camp land exchange authorized by subtitle A of title VIII and
included within the Management Unit, to any person.
The Secretary of Agriculture shall
establish the Management Unit within 30 days after the date of the final
closing of the Cooper Spur-Government Camp land exchange authorized by subtitle
A of title VIII. The Management Unit may not be established before final
closing of the land exchange.
The purpose of this title is to
recognize and support the ability of Native Americans to continue to gather
first foods in the Mount Hood National Forest using traditional methods and the
central role of the State of Oregon and local governments in managing for
issues dealing with natural and developed environments in the vicinity of the
national forest.
(a) Priority Use Areas- The Secretary
of Agriculture shall identify, establish, develop, and manage priority-use
areas in Mount Hood National Forest for the gathering of first foods by members
of Indian tribes with treaty-reserved gathering rights on lands encompassed by
the national forest. The priority-use areas shall be identified, established,
developed, and managed in a manner consistent with the memorandum of
understanding entered into between the Department of Agriculture, the Bureau of
Land Management, the Bureau of Indian Affairs, and the Confederated Tribes of
the Warm Springs Reservation of Oregon (in this section referred to as the
`Warm Springs Tribe') and dated April 23, 2003, and such further agreements as
are necessary between the Secretary of Agriculture and the Warm Springs Tribe
to carry out the purposes of this section.
(b) Priority Use- Members of Indian
tribes with treaty-reserved gathering rights on lands encompassed by Mount Hood
National Forest shall have exclusive rights to gather first foods in the
priority-use areas established pursuant to subsection (a).
(c) Applicable Law- In considering
and selecting National Forest System land for inclusion in a priority-use area under
subsection (a), the Secretary of Agriculture shall comply with the land and
resource management plan for Mount Hood National Forest and applicable laws.
(d) First Foods Defined- In this
section, the term `first foods' means roots, berries, and plants on National
Forest System land in Mount Hood National Forest that have been gathered for
traditional and cultural purposes by members of Indian tribes with
treaty-reserved gathering rights on lands encompassed by Mount Hood National
Forest.
Congress encourages the Secretary of
Agriculture to cooperate with the State of Oregon, local communities, counties,
and Indian tribes in the vicinity of Mount Hood National Forest, and the heads
of other Federal agencies to identify common ground, coordinate planning
efforts around the national forest, and make the Federal Government a better
partner in building cooperative and lasting solutions for management of Mount
Hood National Forest and non-Federal land in the vicinity of the national
forest.
(a) Treaty Rights- Nothing in this
Act is intended to alter, modify, enlarge, diminish, or extinguish the treaty
rights of any Indian tribe, including the off-reservation reserved rights
established by the Treaty of June 25, 1855, with the Tribes and Bands of Middle
Oregon (12 Stat. 963). Section 702 is consistent with and intended to implement
the gathering rights reserved by such treaty.
(b) Tribal Lands- Nothing in this Act
is intended to affect lands held in trust by the Secretary of the Interior for
Indian tribes or individual members of Indian tribes or other lands acquired by
the Army Corps of Engineers and administered by the Secretary of the Interior
for the benefit of Indian tribes and individual members of Indian tribes.
(c) Hunting and Fishing- Nothing in
this Act is intended to affect the laws, rules, and regulations pertaining to
hunting and fishing under existing State and Federal laws and Indian treaties.
(a) Imposition of Standards- New
development occurring on land conveyed by the Secretary of Agriculture under
title VIII or undertaken or otherwise permitted by the Secretary of Agriculture
on National Forest System land in Mount Hood National Forest after the date of
the enactment of this Act shall be constructed or altered in compliance with
one of the nationally recognized model building codes or wildland-urban
interface codes and with other applicable nationally recognized codes.
(b) Inclusion of Standards in Land
Conveyances- In the case of each of the land conveyances described in title
VIII, the Secretary shall impose the requirements of subsection (a) as a
condition on the conveyance of the Federal land under the conveyance.
(c) Effect on State and Local Law- To
the maximum extent feasible, the codes imposed pursuant to subsection (a) shall
be consistent with the nationally recognized codes adopted by the State of
Oregon or political subdivisions of the State. This section shall not be
construed to limit the power of the State of Oregon or a political subdivision
of the State to implement or enforce any law, rule, regulation, or standard
concerning fire prevention and control.
(d) Enforcement- The codes imposed
pursuant to subsection (a) may be enforced by the same entities otherwise
enforcing building codes regarding new development occurring on land conveyed
by the Secretary of Agriculture under title VIII.
The purpose of this subtitle is to
recognize the years of work by local residents and political and business
leaders from throughout the States of Oregon and Washington to protect the
north side of Mount Hood and bring to culmination the land exchange authorized
by section 802. Numerous public hearings have been held where broad public
support has been voiced for the protection of Mount Hood and the consummation
of the land exchange.
(a) Conveyance Required- The
Secretary of Agriculture shall convey to Mt. Hood Meadows Oregon, Limited
Partnership (in this subtitle referred to as `Mt. Hood Meadows'), all right,
title, and interest of the United States in and to--
(1) a parcel of National Forest
System land in Mount Hood National Forest consisting of approximately 80 acres
in Government Camp, Clackamas County, Oregon, as depicted on the map entitled `XXXXXXX'
and dated XXXXX , 2006 (in this subtitle referred to as the `official
map'); and
(2) a parcel of National Forest
System land in Mount Hood National Forest consisting of approximately 40 acres
in Government Camp, as depicted on the official map.
(b) Consideration- As consideration
for the conveyance under subsection (a), Mt. Hood Meadows, Meadows North, LLC,
and North Face Inn, LLC, shall convey to the United States all right, title,
and interest of these entities in and to--
(1) a parcel of private land
consisting of approximately 770 acres at Cooper Spur, as depicted on the
official map;
(2) all buildings, furniture,
fixtures, and equipment at the Inn at Cooper Spur covered by the appraisal
described in subsection (c)(1);
(3) the 1,350 acre special use permit
for the Cooper Spur Ski Area, as depicted on the official map; and
(4) all buildings, furniture,
fixtures, and equipment at the Cooper Spur Ski Area covered by the appraisal
described in subsection (c)(1).
(c) Appraised Values of Conveyed
Property-
(1) USE OF AGREED UPON APPRAISAL- For
purposes of the land exchange authorized by this subtitle, the values of the
land and other property to be conveyed under subsections (a) and (b) are
derived from appraisals performed in 2005 by Steve A. Hall, MAI, CCIM, Oregon
State Certified General Appraiser. The appraisals were performed in compliance
with the Uniform Standards of Professional Appraisal Practice and the Uniform
Appraisal Standards for Federal Land Acquisitions 2000 and have been reviewed
and approved by the parties to the settlement agreement.
(2) APPRAISED VALUES-
(A) FEDERAL LAND- The appraised value
of the land to be conveyed by the Secretary of Agriculture under subsection (a)
is $3,810,000.
(B) PRIVATE LAND AND PROPERTY- The
appraised value of the land and other property to be conveyed by Mt. Hood
Meadows, Meadows North, LLC, and North Face Inn, LLC, under subsection (b) is
$5,535,000.
(3) TREATMENT OF EXCESS
CONSIDERATION- The amount by which the appraised value of the land and other
property conveyed by Mt. Hood Meadows, Meadows North, LLC, and North Face Inn,
LLC, under subsection (b) exceeds the appraised value of the land conveyed by
the Secretary under subsection (a), $1,725,000, represents a donation to the
United States.
(d) Completion of Land Exchange- The
Secretary of Agriculture shall complete all legal and regulatory processes
required in connection with the conveyances under this section and complete the
closing of the conveyances within eight months after the date of the enactment
of this Act.
(e) Reconveyance of Land and
Improvements-
(1) PROHIBITION ON RECONVEYANCE OF
LAND- The Secretary of Agriculture may not reconvey any of the land (as opposed
to improvements thereon) acquired by the United States under subsection (b).
(2) LIMITATION ON RECONVEYANCE OF
IMPROVEMENTS- Any subsequent sale or lease of improvements acquired under
subsection (b) may not be made to Mt. Hood Meadows, or any successor thereof.
(a) Solicitation of New Concessionaire-
Not later than 60 days after the date of the enactment of this Act, the
Secretary of Agriculture shall prepare and publish a proposed prospectus in
order to solicit a new concessionaire for the Inn at Cooper Spur and the Cooper
Spur Ski Area within the new configuration of these establishments, as depicted
on the official map. The Secretary may enter into the concession contract at
any time after the closing of the land exchange under section 802.
(b) Competitive Process- Prospective
concessionaires shall be able to bid competitively for the right to operate
either the Inn at Cooper Spur or the Cooper Spur Ski Area (or both together) in
an open process that considers all values, not just the highest dollar value.
(c) Consultation- The Secretary of
Agriculture shall work collaboratively with Mt. Hood Meadows, Meadows North,
LLC, and North Face Inn, LLC, the Hood River Valley Residents Committee, the
Cooper Spur Wild and Free Coalition, and the Hood River County Commission in
selecting a new concessionaire for the Inn at Cooper Spur and the Cooper Spur
Ski Area and to prepare for the orderly and smooth transition of the operation
of the Inn at Cooper Spur and the Cooper Spur Ski Area to the new
concessionaire.
(d) Exclusion of Mt. Hood Meadows- Mt.
Hood Meadows, or any successor thereof, may not be selected as a concessionaire
for the Inn at Cooper Spur and the Cooper Spur Ski Area. However, to allow an
orderly and smooth transition of the operation of the Inn at Cooper Spur and
the Cooper Spur Ski Area to a new concessionaire, the Secretary of Agriculture
may issue a short-term Special Use Permit to Mt. Hood Meadows for a period not
to exceed one year under terms similar to the Cooper Spur Ski Area Special Use
Permit in existence on the date of the enactment of this Act. The permit may
not be extended.
(e) Treatment of Proceeds- All funds
received pursuant to a concession contract under this section shall be
deposited in the fund established by Public Law 90-171 (16 U.S.C. 484a;
commonly known as the Sisk Act) and shall remain available to the Secretary of
Agriculture until expended, without further appropriation, for use in Mount
Hood National Forest, with priority given to the Hood River Ranger District for
restoration projects on the North side of Mount Hood.
(a) Applicable Law- Except as
otherwise provided in this subtitle, the exchange of Federal land under section
802 is subject to the existing laws and regulations applicable to the
conveyance and acquisition of land under the jurisdiction of the Forest
Service. It is anticipated that the Secretary of Agriculture will be able to
carry out the land exchange without the promulgation of additional regulations.
(b) Conditions on Acceptance- Title
to the non-Federal land to be acquired by the Secretary of Agriculture under
section 802 must be acceptable to the Secretary, and the conveyances shall be
subject to valid existing rights of record. The non-Federal land shall conform
with the title approval standards applicable to Federal land acquisitions.
(c) Legal Descriptions- The exact
acreage and legal description of the land to be exchanged under section 802
shall be determined by surveys satisfactory to the Secretary of Agriculture.
The costs of any such survey, as well as other administrative costs incurred to
execute the land exchange, shall be borne by the Secretary.
(a) Conveyance Required- The
Secretary of Agriculture shall convey to the Port of Cascade Locks, Cascade
Locks, Oregon (in this section referred to as the `Port'), all right, title,
and interest of the United States in and to a parcel of National Forest System
land in the Columbia River Gorge National Scenic Area consisting of
approximately 10 acres, as depicted on the map entitled `XXXXX' and
dated XXXXX, 2006.
(b) Consideration- As consideration
for the conveyance under subsection (a), the Port shall convey to the United
States all right, title, and interest of the Port in and to a parcel of land
consisting of approximately 40 acres, as depicted on the map referred to in
subsection (a). The acquisition of this land will ensure the continued
integrity of the Pacific Crest National Scenic Trail in the vicinity of Cascade
Locks and the public's ability to access the north Oregon entrance of the
trail.
(c) Equal Value Exchange- The values
of the land to be exchanged under this section shall be determined pursuant to
an appraisal acceptable to the Secretary of Agriculture and the Port. If the
values are not equal, they shall be equalized in the manner provided in section
206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716(b)).
(d) Applicable Law- Except as
otherwise provided in this section, the exchange of Federal land under this
section is subject to the existing laws and regulations applicable to the
conveyance and acquisition of land under the jurisdiction of the Forest
Service. It is anticipated that the Secretary of Agriculture will be able to
carry out the land exchange without the promulgation of additional regulations.
(e) Conditions on Acceptance- Title
to the non-Federal land to be acquired by the Secretary of Agriculture under
this section must be acceptable to the Secretary, and the conveyances shall be
subject to valid existing rights of record. The non-Federal land shall conform
with the title approval standards applicable to Federal land acquisitions.
(f) Legal Descriptions- The exact
acreage and legal description of the land to be exchanged under this section
shall be determined by surveys satisfactory to the Secretary of Agriculture.
The costs of any such survey, as well as other administrative costs incurred to
execute the land exchange, shall be borne by the Secretary.
(g) Completion of Land Exchange- The
Secretary of Agriculture shall complete all legal and regulatory processes
required in connection with the conveyances under this section and complete the
closing of the conveyances within eight months after the date of the enactment
of this Act.
END