[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2723 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2723
To designate certain land in the State of Oregon as wilderness, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 22, 2004
Mr. Wyden introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To designate certain land in the State of Oregon as wilderness, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Lewis and Clark
Mount Hood Wilderness Act of 2004''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--DESIGNATION OF WILDERNESS AREAS
Sec. 101. Lewis and Clark Mount Hood Wilderness Areas.
Sec. 102. General provisions.
Sec. 103. Administration.
Sec. 104. Buffer zones.
Sec. 105. Fire safe community zones.
Sec. 106. Gateway communities.
Sec. 107. Fish and wildlife; hunting and fishing.
Sec. 108. Fire, insects, and diseases.
Sec. 109. Valid existing rights and withdrawal.
TITLE II--DESIGNATION OF STREAMS FOR WILD AND SCENIC RIVER PROTECTION
IN THE MOUNT HOOD AREA
Sec. 201. Designation of portions of Hood River.
Sec. 202. Designation of portions of Zigzag River.
Sec. 203. Designation of portions of Eagle Creek.
Sec. 204. Designation of portions of Fifteenmile Creek.
Sec. 205. Conforming amendments.
TITLE III--NATIONAL COMMISSION ON URBAN FORESTS
Sec. 301. National Commission on Urban Forests.
Sec. 302. Duties.
Sec. 303. Powers.
Sec. 304. Commission personnel matters.
Sec. 305. Authorization of appropriations.
Sec. 306. Termination of Commission.
TITLE IV--MOUNT HOOD NATIONAL FOREST SOUTHSIDE WINTER RECREATION AREA
Sec. 401. Identification.
Sec. 402. Designation.
TITLE V--MOUNTAIN BIKING PILOT PROJECT
Sec. 501. Establishment.
Sec. 502. Management goals.
Sec. 503. Report to Congress.
Sec. 504. Funding.
Sec. 505. Termination of authority.
TITLE VI--TRANSPORTATION AND COMMUNICATION SYSTEMS
Sec. 601. Burial of power lines.
Sec. 602. Culvert replacement.
Sec. 603. Clarification of the treatment of state highway 35 under this
Act.
Sec. 604. Multipor overpass.
TITLE VII--LAND EXCHANGE
Sec. 701. Clackamas County land exchange.
TITLE VIII--MOUNT HOOD NATIONAL FOREST THINNING
Sec. 801. Establishment.
Sec. 802. Precommercial thinning.
Sec. 803. Westside Matrix forest plantations thinning for forest
health.
Sec. 804. Eastside thinning for forest health.
Sec. 805. Funding.
Sec. 806. Termination of authority.
TITLE IX--MISCELLANEOUS
Sec. 901. Watershed management and restoration.
Sec. 902. Bridges over wild and scenic rivers.
Sec. 903. Middlefork irrigation district.
Sec. 904. Protection of tribal rights.
Sec. 905. Revenue retention.
TITLE X--AUTHORIZATION OF APPROPRIATIONS
Sec. 1001. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress finds that--
(1) long before the arrival of Lewis and Clark, Native
Americans in the Oregon country lived amid the wild splendor of
the Cascade Mountains and the Columbia River, where the waters
teemed with fish, game roamed the forests, and fruits and
berries were abundant;
(2) the Native Americans arrived in this bountiful land
from Asia by way of the Bering Sea and inhabited the land in
and around Mount Hood and the Columbia Gorge;
(3) the tribes along the Columbia River were part of the
Chinook family;
(4) the people of the tribes--
(A) used canoes made from cedar logs;
(B) were expert fisherman;
(C) told fire legends about the mid-Columbia
volcanic peaks that featured warrior heroes, fair
ladies, and numerous gods; and
(D) knew Mount Hood as Wy'East, the warrior whose
passionate love caused the region to be transformed as
he hurled powerful volcanic fire in his quest for the
love of the gentle maiden Loo-wit, known today as Mount
St. Helens;
(5) traveling down the Columbia River in 1805, the Lewis
and Clark Corps of Discovery expedition were awed by the
unspoiled scenic splendors of the Cascade Mountains and the
Columbia River Gorge cutting through the mountain rampart;
(6) on October 18, 1805, Clark recorded in his Journal: ``I
ascended a high cliff, about 200 feet above the water, from the
top of which is a level plain, extending up the river and off
for a great extent. From this place I discovered a mountain of
immense height, covered with snow.'';
(7) following Lewis and Clark, settlers came to the Oregon
territory on the Oregon Trail, transforming more accessible
portions of the wild landscape into farms, orchards, and small
communities utilizing the old-growth forests;
(8) in 1845, Oregon Trail pioneers Samuel K. Barlow, Joel
Palmer, and their parties opened the Barlow Trail across Barlow
Pass high on the south slopes of Mount Hood, with Palmer
writing on October 11, 2845: ``I had never seen a sight so
nobly grand'';
(9) even as the settlers transformed the wilderness, this
frontier land helped shape in the settlers the characteristics
of self-reliance, fortitude, hard work, independence, and love
of the land which the people of Oregon and the entire United
States cherish to this day and wish to inculcate in their
children;
(10) the unprotected wilderness that remains in the Mount
Hood and Columbia River Gorge region provides easily accessible
outdoor recreation for the descendants of the early settlers
and more recent arrivals;
(11) preserving wilderness assures the integrity of the
background and scenic views that enrich more developed forms of
recreational use, including downhill skiing and roadside
enjoyment of sweeping wilderness scenery;
(12) designation as wilderness provides the strongest
congressional protection of scientific, cultural, educational,
environmental, scenic, and recreational values that contribute
long-term quality of life and economic benefits to the people
of Oregon, visitors to Oregon, and local communities in and
around the Mount Hood National Forest, including the
wilderness-dependent wildlife, high water quality, and resident
and anadromous fish which thrive in undisturbed ecosystems;
(13) the Mount Hood National Forest has become 1 of 14
urban forests, which is a National Forest that--
(A) is located within 50 miles of 1,000,000 or more
people; and
(B) has a pressing need to--
(i) accommodate a large and growing demand
for visitation; and
(ii) address issues relating to--
(I) traffic congestion;
(II) a heightened urban/wildland
interface with many surrounding
municipalities;
(III) the presence of urban social
problems in the forest;
(IV) a pattern of high usage; and
(V) heavy day-use with a heavy
demand for recreation;
(14) the Mount Hood National Forest is the 8th most visited
National Forest in the United States;
(15) wilderness management is interrelated with and will
interface with the established activities and management of
adjacent land, particularly when the land is high density
recreation land;
(16) urban forests, such as the Mount Hood National Forest,
are also on the cutting edge of recreation trends and therefore
are often the proving grounds for emerging technological
developments in outdoor recreation, including mountain biking;
(17) Mount Hood National Forest is predominantly used by
the public for non-mechanized activities, such as hiking,
camping, and fishing, which, according to the Mount Hood
National Forest Management Plan, are projected to increase
dramatically over time;
(18) the Land and Resource Management Plan for Mount Hood
National Forest provides that ``the present capability to
supply recreational opportunities such as hiking on trails in
primitive and semi-primitive non-motorized areas is predicted
to fall short of satisfying demand'';
(19) according to the plan described in paragraph (18), the
Mount Hood National Forest--
(A) provides resources for nearly 2 times the
current demand for developed recreation such as skiing,
power boating, and sightseeing by car; but
(B) meets less than \2/3\ of the demand for
backcountry recreation;
(20) the Management Plan for Mount Hood National Forest
projects that by 2040, the Mount Hood National Forest will only
meet 16 percent of the demand for wilderness recreation, while
meeting over 100 percent of the demand for mechanized
recreation;
(21) the management of the Mount Hood National Forest
should address practical, site specific situations in a manner
that supports wilderness and the general environmental,
economic, and community related welfare of the mountain;
(22) because the Mount Hood National Forest provides
drinking water for over 16 communities and over 40 percent of
Oregon residents, management of the Mount Hood National Forest
needs to take into consideration plans developed by local
watershed councils in managing the forest; and
(23) management activities on the Mount Hood National
Forest should focus on the restoration of previously logged,
even-aged plantations, and stands requiring management to
return the plantations and stands to a natural healthy
condition not currently exhibited due to insects, disease, and
fire, because--
(A) the Mount Hood National Forest has a backlog of
thousands of acres of National Forest System land that
can be restored through an aggressive thinning program;
and
(B) the thinning of Mount Hood National Forest
could create and maintain--
(i) jobs for Hood River County, Clackamas
County, and Wasco County, Oregon; and
(ii) general revenue for the economy of the
State of Oregon.
SEC. 3. DEFINITIONS.
In this Act:
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(2) Mountain bike.--The term ``mountain bike'' does not
include a motorized vehicle.
(3) Plantation.--The term ``plantation'' means a stand of
trees initiated--
(A) through direct seeding; or
(B) by planting seedlings following any harvest
method, including salvage logging, that removed more
than 90 percent of the over story of the original stand
on contiguous areas larger than 5 acres.
(4) Secretary.--The term ``Secretary'' means--
(A) when used in reference to Forest Service land,
the Secretary of Agriculture; or
(B) when used in reference to Bureau of Land
Management land, the Secretary of the Interior.
(5) State.--The term ``State'' means the State of Oregon.
(6) Urban forest.--The term ``urban forest'' means a United
States Forest Service National Forest that--
(A) is located within 50 miles of populations
greater than 1,000,000 people; and
(B) demonstrates unique management challenges and
opportunities.
TITLE I--DESIGNATION OF WILDERNESS AREAS
SEC. 101. 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 are designated as wilderness areas and as
components of the National Wilderness Preservation System:
(1) Mount hood wilderness additions.--The Mount Hood
Wilderness Additions are incorporated in, and deemed 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).
(2) Mark o. hatfield wilderness additions.--The Mark O.
Hatfield Wilderness Additions are incorporated in, and deemed
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) and renamed by section 328 of the
Department of the Interior and Related Agencies Appropriations
Act, 1997 (16 U.S.C. 1132 note; 110 Stat. 3009-227).
(3) Badger creek wilderness additions.--The Badger Creek
Wilderness Additions are incorporated in, and deemed 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; 98
Stat. 273).
(4) Salmon-huckleberry wilderness additions.--The Salmon-
Huckleberry Wilderness Additions are incorporated in, and
deemed 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).
SEC. 102. GENERAL PROVISIONS.
(a) Names of Wilderness Areas.--A wilderness area designated under
this title shall--
(1) consist of the quantity of land applicable to the
wilderness area under this title, as generally depicted on the
applicable map; and
(2) be known by the name specified for the wilderness area
under this title.
(b) Map and Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map entitled
``Lewis and Clark Wilderness Additions of 2004'' and dated July
2004, and a legal description of each wilderness area
designated by this title with--
(A) the Committee on Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Force of law.--The map 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
errors in the map and legal description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in--
(A) the office of the Chief of the Forest Service;
(B) the office of the Director of the Bureau of
Land Management; and
(C) the applicable local Forest Service and Bureau
of Land Management offices.
SEC. 103. ADMINISTRATION.
(a) In General.--Subject to valid rights in existence on the date
of enactment of this Act, each wilderness area designated under this
title shall be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.).
(b) Consistent Interpretation to the Public.--Notwithstanding their
separate jurisdictions, the Secretary of Agriculture and the Secretary
of the Interior shall collaborate to ensure that the wilderness areas
designated by this title, if appropriate, are interpreted for the
public as an overall complex tied together by--
(1) common location in the Mount Hood-Columbia River Gorge
region;
(2) the abundant history of Native American use;
(3) the epic journey of Lewis and Clark;
(4) the pioneer settlement and growth of the State; and
(5) water sources for over 40 percent of the residents of
Oregon.
SEC. 104. 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. 105. FIRE SAFE COMMUNITY ZONES.
Consistent with the Mount Hood National Forest Management Plan, the
Columbia Gorge National Scenic Area, and the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6501 et seq.), the Secretary shall
construct a strategic system of defensible fuel profile zones
(including shaded fuelbreaks, thinning, individual tree selection, and
other methods of vegetation management) between the wilderness boundary
and the community boundary around Cascade Locks and Government Camp.
SEC. 106. GATEWAY COMMUNITIES.
The Secretary may provide grants to communities that are gateways
to Mount Hood Wilderness areas, the villages surrounding Mount Hood,
and the appropriate county governments in the State, to be administered
through the Forest Service State and Private Forestry program.
SEC. 107. FISH AND WILDLIFE; HUNTING AND FISHING.
(a) Fish and Wildlife.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), and in accordance with
appropriate policies such as those set forth in Appendix B of House
Report 101-405, nothing in this Act affects the jurisdiction or
responsibilities of the State with respect to fish and wildlife on the
public land in the State.
(b) Hunting and Fishing.--Nothing in this Act affects hunting and
fishing, under applicable Federal and State laws and regulations,
within the boundaries of any wilderness area.
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, such
measures may be taken as may be necessary to control fire, insects, and
diseases, subject to such conditions as the Secretary of Agriculture
(in collaboration with the Secretary of the Interior where appropriate)
determines to be desirable.
SEC. 109. VALID EXISTING RIGHTS AND WITHDRAWAL.
(a) Valid Existing Rights.--Nothing in this Act affects any valid
existing right.
(b) Withdrawal.--Subject to valid rights existing on the date of
enactment of this Act, the Federal land referred to in section 101 is
withdrawn from all forms of--
(1) appropriation;
(2) disposal under public law;
(3) location, entry, and patent under mining law; and
(4) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
TITLE II--DESIGNATION OF STREAMS FOR WILD AND SCENIC RIVER PROTECTION
IN THE MOUNT HOOD AREA
SEC. 201. DESIGNATION OF PORTIONS OF HOOD RIVER.
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:
``(167) Hood river, oregon.--The following segments in the
Mount Hood National Forest in the State of Oregon, to be
administered by the Secretary of Agriculture:
``(A) The 1.5 mile segment of the East Fork Hood
River from Umbrella Falls to highway 35, as a scenic
river.
``(B) The 13.4 mile segment of the East Fork Hood
River from highway 35 to the Mount Hood National Forest
boundary, as a recreational river.
``(C) The 4.7 mile segment of the Middle Fork Hood
River from the confluence of the Clear and Coe branches
to the Mount Hood National Forest boundary, as a scenic
river.''.
SEC. 202. DESIGNATION OF PORTIONS OF ZIGZAG RIVER.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
(as amended by section 201) is amended by adding at the end the
following:
``(168) Zigzag river, oregon.--The 9.0 mile segment in the
Mount Hood National Forest in the State of Oregon from the
Mount Hood Wilderness boundary as in existence on January 1,
2004, downstream to the confluence with the Sandy River, to be
administered by the Secretary of Agriculture as a recreational
river.''.
SEC. 203. DESIGNATION OF PORTIONS OF EAGLE CREEK.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
(as amended by section 202) is amended by adding at the end the
following:
``(169) Eagle creek, oregon.--The following segments in the
Mount Hood National Forest in the State of Oregon, to be
administered by the Secretary of Agriculture:
``(A) The 7.2 mile segment from its headwaters
downstream to the west section line of T. 3 S., R. 6
E., section 20, Willamette Meridian, as a wild river.
``(B) The 1.1 mile segment from the west section
line of T. 3 S., R. 6 E., section 20, Willamette
Meridian downstream to the Mount Hood National Forest
boundary, as a recreational river.''.
SEC. 204. DESIGNATION OF PORTIONS OF FIFTEENMILE CREEK.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
(as amended by section 203) is amended by adding at the end the
following:
``(170) Fifteenmile creek, oregon.--The 11.0 mile segment
in the Mount Hood National Forest in the State of Oregon from
its source on Lookout Mountain to the section line between
sections 19 and 20 of T. 2 S., R. 12 E., Willamette Meridian
including the corridor of land up to \1/2\ mile from the center
of the creek bed on either side of the creek, to be
administered by the Secretary of Agriculture as a wild river,
except the 0.1 mile segment centered on Forest Service Road
2730 which shall be classified as a scenic river.''.
SEC. 205. CONFORMING AMENDMENTS.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended--
(1) by redesignating paragraph (162) as paragraph (163);
(2) by redesignating the second paragraph designated (161)
(relating to Wekiva River, Wekiwa Springs Run, Rock Springs
Run, and Black Water Creek, Florida), as paragraph (162);
(3) by designating the undesignated paragraph relating to
Wildhorse and Kiger Creeks, Oregon as paragraph (164);
(4) by redesignating the third paragraph designated (161)
(relating to Lower Delaware River and associated tributaries,
New Jersey and Pennsylvania) as paragraph (165); and
(5) by designating the undesignated paragraph relating to
Rivers of Caribbean National Forest, Puerto Rico, as paragraph
(166).
TITLE III--NATIONAL COMMISSION ON URBAN FORESTS
SEC. 301. NATIONAL COMMISSION ON URBAN FORESTS.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish in the Forest
Service a commission to be known as the ``National Commission on Urban
National Forests'' (referred to in this title as the ``Commission'').
(b) Membership.--The Commission shall be composed of 30 members, of
whom--
(1) 14 shall be the forest supervisors of the 14 urban
national forests identified by the Forest Service; and
(2) 8 shall be appointed by the mayors of the largest
cities adjacent to the urban forests, 1 appointment for each of
the States that house the urban forests; and
(3) 8 shall consist of 1 representative from the land grant
university or school of forestry from each of the States of--
(A) Colorado;
(B) Utah;
(C) New Hampshire;
(D) Arizona;
(E) California;
(F) Georgia;
(G) Washington; and
(H) Oregon.
(c) Date of Appointments.--The appointment of a member of the
Commission shall be made not later than 120 days after the date of
enactment of this Act.
(d) Term; Vacancies.--
(1) Term.--A member shall be appointed for the life of the
Commission.
(2) Vacancies.--A vacancy on the Commission--
(A) shall not affect the powers of the Commission;
and
(B) shall be filled in the same manner as the
original appointment was made.
(e) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold the initial meeting of the Commission.
(f) Meetings.--The Commission shall meet at the call of the
Chairperson.
(g) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(h) Chairperson and Vice Chairperson.--The Commission shall select
a Chairperson and Vice Chairperson from among the members of the
Commission.
SEC. 302. DUTIES.
(a) In General.--The duties of the Commission shall be--
(1) to examine the unique role that urban national forests
play in enriching the lives of the urban populations served by
the forests;
(2) to examine and create opportunities in urban national
forests that respond to urban values and needs of the
populations served by the forests;
(3) to promote understanding of the value of urban national
forests in achieving public support for Forest Service and
natural resource management;
(4) to develop State and private forest research programs
to further enhance the ability to achieve management goals of
urban national forests;
(5) to build and use external constituencies--
(A) to create avenues to work with other interested
stakeholders to make a significant difference in the
future roles of urban national forests; and
(B) to facilitate management of the urban national
forests to meet public and ecological needs; and
(6) to reconcile through management recommendations the
human pressures on urban national forests with the important
ecological functions served by the forests.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Commission shall submit to the Secretary and Congress a
report that contains--
(1) a detailed statement of the findings and conclusions of
the Commission; and
(2) the recommendations of the Commission for such
legislation and administrative actions as the Commission
considers appropriate.
SEC. 303. POWERS.
(a) Hearings.--The Commission may hold such hearings, meet and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out this Act.
(b) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from a
Federal agency such information as the Commission considers
necessary to carry out this Act.
(2) Provision of information.--On request of the
Chairperson of the Commission, the head of the agency shall
provide the information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 304. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--
(1) Non-federal employees.--A member of the Commission who
is not an officer or employee of the Federal Government shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the performance of the duties of the
Commission.
(2) Federal employees.--A member of the Commission who is
an officer or employee of the Federal Government shall serve
without compensation in addition to the compensation received
for the services of the member as an officer or employee of the
Federal Government.
(b) Travel Expenses.--A member of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of chapter
57 of title 5, United States Code, while away from the home or regular
place of business of the member in the performance of the duties of the
Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws (including
regulations), appoint and terminate an executive director and
such other additional personnel as are necessary to enable the
Commission to perform the duties of the Commission.
(2) Confirmation of executive director.--The employment of
an executive director shall be subject to confirmation by the
Commission.
(3) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the Chairperson of the Commission may fix the
compensation of the executive director and other
personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates.
(B) Maximum rate of pay.--The rate of pay for the
executive director and other personnel shall not exceed
the rate payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(d) Detail of Federal Government Employees.--
(1) In general.--An employee of the Federal Government may
be detailed to the Commission without reimbursement.
(2) Civil service status.--The detail of the employee shall
be without interruption or loss of civil service status or
privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services in accordance with section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the daily equivalent
of the annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of that title.
SEC. 305. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$1,000,000 for each fiscal year in which the Commission is in
existence, to remain available until expended.
SEC. 306. TERMINATION OF COMMISSION.
The Commission shall terminate 90 days after the date on which the
Commission submits the report of the Commission under section 302(b).
TITLE IV--MOUNT HOOD NATIONAL FOREST SOUTHSIDE WINTER RECREATION AREA
SEC. 401. IDENTIFICATION.
(a) In General.--The Secretary shall identify the historic and high
quality winter recreation area between Timberline and Government Camp
and around Trillium Lake, Summit Meadows, and Multipor Mountain to be
used for--
(1) noncommercial muscle-powered winter recreation
opportunities; and
(2) commercial, developed winter recreation that provides
quality recreation within the capabilities of the ecosystem, as
determined by the Secretary.
(b) Inclusions.--The area identified under subsection (a) shall
include--
(1) the prominent fall line on the southern face of
Multipor Mountain;
(2) the Glade and Alpine ski trails between Timberline and
Government Camp;
(3) the Cross Town Trail; and
(4) the entire network of cross country trails behind
Government Camp that are being developed by the Forest Service
and Clackamas County, Oregon.
SEC. 402. DESIGNATION.
The area identified by the Secretary under subsection (a) shall be
designated as the ``Mount Hood National Forest Southside Winter
Recreation Area''.
TITLE V--MOUNTAIN BIKING PILOT PROJECT
SEC. 501. ESTABLISHMENT.
The Secretary shall designate the Mount Hood Pedaler's
Demonstration Experiment Area (referred to in this title as the ``Hood-
PDX area'') as indicated by the map dated July 2004, and entitled
``Hood-PDX area'' around Hell Roaring Creek, Shellrock Mountain, and
Fifteenmile Creek.
SEC. 502. MANAGEMENT GOALS.
(a) In General.--Except as provided in subsection (b), the Hood-PDX
area shall be managed in accordance with title I.
(b) Exceptions.--
(1) Mountain bikes.--Mountain bikes shall be allowed to
operate within the Hood-PDX area on designated trails.
(2) Chainsaws.--In accordance with wilderness management
policy in effect on the date of enactment of this Act, the
Secretary may use chainsaws to maintain existing trails in the
Hood-PDX area.
(c) Monitoring.--The Secretary shall monitor the effect of mountain
biking on the Hood-PDX area ecology and the surrounding communities and
economies for at least 3, but not more than 10, years after the date of
enactment of this Act.
SEC. 503. REPORT TO CONGRESS.
(a) In General.--Not later than the later of the date that is 3
years after the date of enactment of this Act or the date of the
completion of the third full cycling season after the date of enactment
of this Act, the Secretary shall submit to Congress a report that
includes--
(1) the impacts of mountain bikes on the ecology of the
Hood-PDX area;
(2) the economic impacts of the area;
(3) usage of the area; and
(4) the interaction of bikes and other users in the area.
(b) Congressional Action.--Not later than 10 years after the date
on which the report is submitted to Congress under subsection (a)
Congress shall act on the recommendations of the Report.
SEC. 504. FUNDING.
Funding to carry out this title shall be derived from fees paid for
other developed recreation in the Mount Hood National Forest.
SEC. 505. TERMINATION OF AUTHORITY.
If Congress does not act on the recommendations of the report in
accordance with section 503(b), on the date that is 10 years after the
date of enactment of this Act--
(1) the authority of the Secretary to carry out this title
terminates; and
(2) the mountain biking area designated under section 501
shall be designated as wilderness.
TITLE VI--TRANSPORTATION AND COMMUNICATION SYSTEMS
SEC. 601. BURIAL OF POWER LINES.
Because of the incongruent presence of power lines adjacent to or
within wilderness areas, the Secretary may provide to Cascade Locks and
Hood River County $3,200,000 through the Forest Service State and
Private Forestry program to bury ground power lines adjacent to or
within Mount Hood Wilderness areas, including wilderness areas
designated by this Act.
SEC. 602. CULVERT REPLACEMENT.
(a) In General.--The Secretary may provide $1,000,000 to Clackamas
County to replace 4 culverts on the wild and scenic river segments in
Clackamas County, Oregon, designated under title II.
(b) Limitation.--Culvert replacement carried out by the Forest
Service and Clackamas County to improve fish passage and the ecology of
the wilderness designated by this Act shall not be considered water and
resource development.
SEC. 603. CLARIFICATION OF THE TREATMENT OF STATE HIGHWAY 35 UNDER THIS
ACT.
(a) Exclusion.--The portion of Oregon State Highway 35 that is
adjacent to wilderness areas in the Mount Hood National Forest,
including wilderness areas designated by this Act, shall be excluded
from wilderness under this Act.
(b) No Net Effect.--The designation of wilderness or wild and
scenic rivers under this Act shall not limit the operation,
maintenance, and repair of Oregon State Highway 35 or other highways in
existence on the date of enactment of this Act.
(c) Flood Plain.--Congress encourages the carrying out of projects
that will reduce the impact of Oregon State Highway 35 on the flood
plain of the East Fork Hood River.
SEC. 604. MULTIPOR OVERPASS.
The Secretary may provide funds from Forest Service roads to
improve access to wilderness over highway 26.
TITLE VII--LAND EXCHANGE
SEC. 701. CLACKAMAS COUNTY LAND EXCHANGE.
The Secretary shall--
(1) find suitable non-wilderness adjacent land, as
determined by the Secretary; and
(2) exchange that land for 300 acres of land that is--
(A) owned by Clackamas County, Oregon, as of the
date of enactment of this Act;
(B) adjacent to the wilderness designated by this
Act; and
(C) depicted on the map dated July 2004, and
entitled ``Clackamas County Land Exchange''.
TITLE VIII--MOUNT HOOD NATIONAL FOREST THINNING
SEC. 801. ESTABLISHMENT.
(a) In General.--The Secretary shall establish a forest health
thinning program in plantation second growth stands in the Mount Hood
National Forest to--
(1) produce timber for primary and secondary wood products;
and
(2) restore biological diversity and structural complexity
to young managed stands.
(b) Prohibition.--
(1) Definition of old growth.--In this subsection, the term
``old growth'' means groves and trees that are--
(A) at least 120 years old; or
(B) previously unmanaged.
(2) Prohibition.--In carrying out this title, the Secretary
shall not harvest old growth.
(c) Local Contracting Preference.--
(1) In general.--In carrying out this title, the Secretary
shall consider the benefits to the local economy when
evaluating bids and designing procurements that create economic
opportunities for local contractors.
(2) Order of preference.--The Secretary may award contracts
in the following order of preference:
(A) Hood River County, Clackamas County, Wasco
County, or contractors or Indian tribes in the State.
(B) State contractors or Indian tribes that will
create new jobs in rural communities.
(C) Other State contractors or Indian tribes.
(D) Other State contractors or Indian tribes that
show an ability to create new jobs with the contracts.
(d) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter, the Secretary
shall submit to Congress a report that describes--
(1) acres treated;
(2) ecological effects of the treatments;
(3) economic effects of the program on the local and state
economies; and
(4) effects of the program on local, State, and regional
employment.
SEC. 802. PRECOMMERCIAL THINNING.
(a) In General.--Each year, the Secretary shall complete 5000 acres
of precommercial thinning in the Mount Hood National Forest.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,500,000 for each fiscal year
for contract costs, planning, sale preparation, contract
administration, and overhead.
SEC. 803. WESTSIDE MATRIX FOREST PLANTATIONS THINNING FOR FOREST
HEALTH.
(a) In General.--Each year, the Secretary shall thin approximately
1200 acres in Westside forest plantations in the Northwest Forest Plan
``Matrix'' Allocation in the Mount Hood National Forest.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,800,000 for each fiscal year
for contract costs, planning, sale preparation, contract
administration, and overhead.
SEC. 804. EASTSIDE THINNING FOR FOREST HEALTH.
(a) In General.--Each year, the Secretary shall thin Eastside
forests in the Mount Hood National Forest using scientific principles.
(b) Type of Treatment.--Treatments under this section shall be
conducted to move the stands within the natural range of variability
by--
(1) retaining all large and old trees;
(2) emphasizing removal of mostly smaller trees; and
(3) ensuring recruitment of future forest cover by
retaining representative trees in all size classes and all
native tree species.
(c) Requirements.--Consistent with subsection (b), the Eastside
thinning shall be designed--
(1) to reduce overall stand density;
(2) to remove encroaching shade tolerant species; and
(3) to reduce fuels.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,200,000 for each fiscal year
for contract costs, planning, sale preparation, contract
administration, and overhead.
SEC. 805. FUNDING.
In carrying out this title, the Secretary may supplement
appropriated funds with funds from other sources, including--
(1) Knutson-Vandenberg funds;
(2) payments to counties;
(3) insect and disease suppression funds from the Forest
Service;
(4) State and private forest health funds;
(5) hazardous fuels reduction funds; and
(6) restoration funds.
SEC. 806. TERMINATION OF AUTHORITY.
The authority provided by this title shall terminate on the date
that is 10 years after the date of enactment of this Act.
TITLE IX--MISCELLANEOUS
SEC. 901. WATERSHED MANAGEMENT AND RESTORATION.
(a) In General.--In developing management plans for the wilderness
areas designated by section 101, the Secretary shall consider any
relevant action plans, as developed by relevant watershed councils.
(b) Effect.--Nothing in this section affects any existing rights or
privileges of, or any contract affecting Federal land held by, any
private party without the consent of the private party.
SEC. 902. BRIDGES OVER WILD AND SCENIC RIVERS.
The maintenance of bridges over wild and scenic rivers designated
by this Act and within the Mount Hood National Forest shall not be
considered water and resource development.
SEC. 903. MIDDLEFORK IRRIGATION DISTRICT.
Nothing in this Act affects the ability of the Middlefork
Irrigation District to operate in a similar manner as the District
operated on the day before the date of enactment of this Act.
SEC. 904. PROTECTION OF TRIBAL RIGHTS.
Nothing in this Act--
(1) diminishes the existing rights of any Indian tribe; or
(2) diminishes tribal rights regarding access to Federal
land for tribal activities, including spiritual, cultural, and
traditional food gathering activities.
SEC. 905. REVENUE RETENTION.
(a) In General.--Except as provided in subsection (b), in order for
the Secretary to provide the appropriate level of management in the
Mount Hood National Forest, the Secretary is authorized to retain fees
from the leases of the recreation residences and special use permits in
the Mount Hood National Forest.
(b) Exclusion.--For the purposes of this Act, the Secretary may not
retain fees collected under the Act of April 24, 1950 (commonly known
as the Granger-Thye Act) (64 Stat. 82, chapter 97).
TITLE X--AUTHORIZATION OF APPROPRIATIONS
SEC. 1001. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
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