Mount Hood Stewardship Legacy Act

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5025 Referred in Senate (RFS)]

109th CONGRESS
2d Session
H. R. 5025

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

July 25, 2006

Received; read twice and referred to the Committee on Energy and
Natural Resources

_______________________________________________________________________

AN ACT

To protect for future generations the recreational opportunities,
forests, timber, clean water, wilderness and scenic values, and diverse
habitat of Mount Hood National Forest, Oregon, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Mount Hood
Stewardship Legacy Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Implementation.
Sec. 3. No reduction in Mount Hood National Forest funding.
TITLE I--WILDERNESS AREA DESIGNATIONS

Sec. 101. Findings and purpose.
Sec. 102. Designation of wilderness areas, Mount Hood National Forest.
Sec. 103. Administration of wilderness areas.
Sec. 104. Maintenance and replacement of foot bridges in wilderness
areas.
TITLE II--WILD AND SCENIC RIVER DESIGNATIONS

Sec. 201. Findings and purpose.
Sec. 202. Wild and scenic river designations, Mount Hood National
Forest.
Sec. 203. Relation to Middle Fork Irrigation District.
TITLE III--RECREATION

Sec. 301. Findings and purpose.
Sec. 302. Retention of Mount Hood National Forest land use fees from
special use authorizations.
Sec. 303. Use of funds in special account to support recreation.
Sec. 304. Annual reporting requirement.
Sec. 305. Mount Hood National Forest Recreational Working Group.
Sec. 306. Consideration of conversion of forest roads to recreational
uses.
Sec. 307. Improved trail access for persons with disabilities.
TITLE IV--TRANSPORTATION

Sec. 401. Findings and purpose.
Sec. 402. Mount Hood region defined.
Sec. 403. Transportation plan.
Sec. 404. Study regarding gondola connection and intermodal
transportation center.
TITLE V--FOREST AND WATERSHED STEWARDSHIP

Sec. 501. Findings and purpose.
Sec. 502. Forest stewardship assessment.
Sec. 503. Sustainable biomass utilization study.
Sec. 504. Watershed management memoranda of understanding.
TITLE VI--CRYSTAL SPRINGS WATERSHED SPECIAL RESOURCES MANAGEMENT UNIT

Sec. 601. Findings and purpose.
Sec. 602. Establishment of Crystal Springs Watershed Special Resources
Management Unit.
Sec. 603. Administration of Management Unit.
Sec. 604. Acquisition of lands.
Sec. 605. Effective date.
TITLE VII--LOCAL AND TRIBAL RELATIONSHIPS

Sec. 701. Findings and purpose.
Sec. 702. First foods gathering areas.
Sec. 703. Forest Service coordination with State and local governments.
Sec. 704. Savings provisions regarding relations with Indian tribes.
Sec. 705. Improved natural disaster preparedness.
TITLE VIII--LAND CONVEYANCES

Subtitle A--Cooper Spur-Government Camp Land Exchange

Sec. 801. Findings and purpose.
Sec. 802. Cooper Spur-Government Camp Land Exchange.
Sec. 803. Treatment of Inn at Cooper Spur and the Cooper Spur Ski Area.
Sec. 804. General provisions.
Subtitle B--Other Land Exchanges

Sec. 811. Land exchange, Port of Cascade Locks-Pacific Crest National
Scenic Trail.
Sec. 812. Hunchback Mountain land exchange, Clackamas County.

SEC. 2. IMPLEMENTATION.

References in this Act to the Secretary of Agriculture or the
Secretary mean the Secretary of Agriculture, acting through the Forest
Service.

SEC. 3. NO REDUCTION IN MOUNT HOOD NATIONAL FOREST FUNDING.

Nothing in this Act is intended to authorize a reduction in the
amount of funds appropriated or otherwise made available for the Mount
Hood National Forest below the average annual funding level provided
for the national forest during fiscal years 1997 through 2006.

TITLE I--WILDERNESS AREA DESIGNATIONS

SEC. 101. FINDINGS AND PURPOSE.

The purpose of this title is to designate approximately 77,216
acres of National Forest System land in the Mount Hood National Forest
as wilderness. The most recent designation of wilderness in the Mount
Hood National Forest occurred in 1984, and the designation of an
additional 77,216 acres by this title represents a 41 percent increase
in the amount of wilderness designated in the national forest.

SEC. 102. DESIGNATION OF WILDERNESS AREAS, MOUNT HOOD NATIONAL FOREST.

(a) Designation.--In furtherance of the purposes of this title and
the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the
Mount Hood National Forest are designated as wilderness and, therefore,
as components of the National Wilderness Preservation System:
(1) Big bottom wilderness.--National Forest System land
comprising approximately 1,330 acres, as generally depicted on
the map entitled ``Big Bottom Wilderness'' and dated June 2006,
which shall be known as the ``Big Bottom Wilderness''.
(2) Bull of the woods wilderness addition.--National Forest
System land comprising approximately 4,717 acres, as generally
depicted on the map entitled ``Bull of the Woods Wilderness''
and dated June 2006, is incorporated in and shall be considered
to be a part of the Bull of the Woods Wilderness, as designated
by section 3(4) of the Oregon Wilderness Act of 1984 (16 U.S.C.
1132 note; Public Law 98-328).
(3) Cooper spur wilderness.--National Forest System land
comprising approximately 2,038 acres, as generally depicted on
the map entitled ``Cooper Spur Wilderness'' and dated June
2006, which shall be known as the ``Cooper Spur Wilderness''.
(4) Gorge ridgeline wilderness.--National Forest System
land comprising approximately 22,577 acres, as generally
depicted on the map entitled ``Gorge Ridgeline Wilderness'' and
dated June 2006, which shall be known as the ``Gorge Ridgeline
Wilderness''.
(5) Mount hood wilderness additions.--National Forest
System land comprising approximately 4,672 acres, as generally
depicted on the maps entitled ``Mount Hood Wilderness (Elk
Cove/Mazama Addition)'' and ``Mount Hood Wilderness (Sandy
Addition)'' and dated June 2006, is incorporated in and shall
be considered to be a part of the Mount Hood Wilderness, as
designated by section 3 of the Wilderness Act (16 U.S.C. 1132).
(6) Roaring river wilderness.--National Forest System land
comprising approximately 37,749 acres, as generally depicted on
the map entitled ``Roaring River Wilderness'' and dated June
2006, which shall be known as the ``Roaring River Wilderness''.
(7) Salmon-huckleberry wilderness additions.--National
Forest System land comprising approximately 4,133 acres, as
generally depicted on the maps entitled ``Salmon Huckleberry
Wilderness (Alder Creek Addition)'' and ``Salmon Huckleberry
Wilderness (Eagle Creek Addition)'' and dated June 2006, is
incorporated in and shall be considered to be a part of the
Salmon-Huckleberry Wilderness, as designated by section 3(2) of
the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; Public
Law 98-328).
(b) Maps and Legal Description.--
(1) Submission of legal descriptions.--As soon as
practicable after the date of the enactment of this Act, the
Secretary of Agriculture shall prepare and submit to Congress a
legal description of each wilderness area designated or
expanded by subsection (a). It is the intent of Congress that
the final boundary description of the wilderness area be
written so that any road or trail depicted on the map referred
to in subsection (a) corresponding to that wilderness area as
being inside of the designated area shall in fact be inside of
the wilderness area and any road or trail depicted on the map
as being outside of the designated area shall in fact be
outside of the wilderness area.
(2) Force of law.--The maps referred to in subsection (a)
and the legal descriptions prepared under paragraph (1) shall
have the same force and effect as if included in this Act,
except that the Secretary may correct technical errors in the
maps and legal descriptions. The Secretary shall notify
Congress of any change made in a map or legal description under
the authority of this paragraph and the reason for the change.
(3) Public availability.--The maps referred to in
subsection (a) and the legal descriptions prepared under
paragraph (1) shall be filed and made available for public
inspection in the appropriate offices of the Forest Service.
(c) Character of Designated Land.--
(1) Exclusion of private land.--It is the intent of
Congress that the wilderness areas designated or expanded by
this section do not incorporate any private land in-holding. If
any private land is inadvertently included within the
boundaries of a wilderness area designated or expanded by this
section, the Secretary of Agriculture shall ensure that the
landowner continues to have adequate access to the private
land.
(2) Exclusion of ferc project lands.--Lands inside the
Federal Energy Regulatory Commission boundaries established as
of the date of the enactment of this Act for a licensed
hydroelectic project are excluded from wilderness areas
designated or expanded by this section. Operations,
maintenance, and construction activities associated with such a
project are not affected in any way by the designation or
expansion of wilderness areas by this section.
(3) No precedent value.--Nothing in this subsection is
intended to establish a precedent with regard to the
designation of Federal land as wilderness by any provision of
law enacted after the date of the enactment of this Act.
(4) Columbia gorge airshed.--The designation of wilderness
by this section in the Columbia Gorge, as depicted on the map
entitled ``Gorge Ridgeline Wilderness'' and dated June 2006,
shall not result in the designation of a Class I airshed in the
Columbia Gorge through Federal regulatory action.

SEC. 103. ADMINISTRATION OF WILDERNESS AREAS.

(a) Management.--Subject to valid existing rights, the National
Forest System land designated as wilderness by section 102 shall be
administered by the Secretary of Agriculture in accordance with this
title and the Wilderness Act (16 U.S.C. 1131 et seq.), except that any
reference in the Wilderness Act to the effective date of such Act shall
be considered to be a reference to the date of the enactment of this
Act.
(b) Incorporation of Acquired Land and Interests.--Any non-Federal
land that is located within the boundaries of the National Forest
System land designated as wilderness by section 102 and is acquired by
the United States after the date of the enactment of this Act shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with this title and the
Wilderness Act (16 U.S.C. 1131 et seq.).
(c) Withdrawal.--Subject to valid existing rights, the National
Forest System land designated as wilderness by section 102 is withdrawn
from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(d) Fire, Insect, and Disease Management Activities.--In accordance
with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and
House Report No. 98-40 of the 98th Congress, the Secretary of
Agriculture may take such measures on the National Forest System land
designated as wilderness by section 102 as are necessary for the
control of fire, insects, and diseases.
(e) Snow Sensors and Stream Gauges.--Nothing in this title prevents
the installation and maintenance of hydrologic, meteorologic, or
climatological instrumentation on the National Forest System land
designated as wilderness by section 102 if the Secretary of Agriculture
determines that hydrologic, meteorologic, or climatological
instrumentation is appropriate to further the scientific, educational,
and conservation purposes of the wilderness areas.
(f) Military Activities.--Nothing in this Act precludes low-level
overflights of military aircraft, the designation of new units of
special airspace, or the use or establishment of military flight
training routes over the National Forest System land designated as
wilderness by section 102.
(g) Livestock.--Grazing of livestock and the maintenance of
existing facilities related to grazing on the National Forest System
land designated as wilderness by section 102, where established before
the date of the enactment of this Act, shall be permitted to continue
in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of House Report
101-405 of the 101st Congress.
(h) Fish and Wildlife Management.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary of
Agriculture may carry out management activities to maintain or
restore fish and wildlife populations and fish and wildlife
habitats on the National Forest System land designated as
wilderness by section 102 if such activities are consistent
with applicable wilderness management plans and carried out in
accordance with applicable guidelines and policies. Nothing in
this Act affects the jurisdiction of the State of Oregon with
respect to fish and wildlife on the public land located in the
State.
(2) Bull trout restoration project.--It is the intent of
Congress that nothing in this title prevents the Secretary of
Agriculture from conducting the Bull Trout restoration project
underway as of the date of the enactment of this Act in Clear
Branch Creek west of Lawrence Lake in order to restore historic
trout populations and habitat. Project work shall be carried
out in accordance with the minimum tools policies of the Forest
Service.
(i) Continued Use by Members of Indian Tribes.--
(1) Access.--In recognition of the past use of the National
Forest System land designated as wilderness by section 102 by
members of Indian tribes for traditional cultural and religious
purposes, the Secretary of Agriculture shall ensure that Indian
tribes have access to the wilderness areas for traditional
cultural and religious purposes.
(2) Temporary closures.--In carrying out this subsection,
the Secretary, at the request of an Indian tribe, may
temporarily close to the general public one or more specific
portions of the National Forest System land designated as
wilderness by section 102 to protect the privacy of the members
of the Indian tribe in the conduct of the traditional cultural
and religious activities in the wilderness area. Any such
closure shall be made in such a manner as to affect the
smallest practicable area for the minimum period of time
necessary for the activity to be carried out.
(3) Applicable law.--Access to the wilderness areas under
this subsection shall be provided in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and Public Law 95-341
(commonly known as the American Indian Religious Freedom Act;
42 U.S.C. 1996 et seq.).
(j) Adjacent Management.--Nothing in this Act creates protective
perimeters or buffer zones around the National Forest System land
designated as wilderness by section 102. The fact that nonwilderness
activities or uses can be seen or heard from the designated wilderness
shall not preclude the conduct of those activities or uses outside the
boundary of the wilderness area.

SEC. 104. MAINTENANCE AND REPLACEMENT OF FOOT BRIDGES IN WILDERNESS
AREAS.

In the case of each wilderness area designated or expanded by
section 102, it is the intent of Congress that the Secretary of
Agriculture be able to provide for the maintenance of the foot bridge
crossings in the wilderness area and, when needed, the replacement of
the foot bridge crossings to ensure public access and safety. Foot
bridge replacement work shall be carried out in accordance with the
minimum tools policies of the Forest Service.

TITLE II--WILD AND SCENIC RIVER DESIGNATIONS

SEC. 201. FINDINGS AND PURPOSE.

The purpose of this title is to designate approximately 25 miles of
waterways in the Mount Hood National Forest as additions to the
National Wild and Scenic Rivers System. The addition of these 25 miles
of waterways represents an increase of 20 percent in the total length
of all of the waterways in the Mount Hood National Forest included in
the National Wild and Scenic Rivers System.

SEC. 202. WILD AND SCENIC RIVER DESIGNATIONS, MOUNT HOOD NATIONAL
FOREST.

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following new paragraph:
``(__) Mount Hood National Forest, Oregon.--The following rivers in
the Mount Hood National Forest in the State of Oregon, to be
administered by the Secretary of Agriculture:
``(A) The 4.1 miles of the South Fork of the Clackamas
River from its confluence with the East Fork of the South Fork
of the Clackamas to the its confluence with the Clackamas
River, as a scenic river.
``(B) The 8.5 miles of Eagle Creek from its headwaters to
the Mount Hood National Forest boundary, of which--
``(i) the 6.7-mile segment from its headwaters to
the west section line of section 20, township 3 south,
range 6 east, shall be administered as a wild river;
and
``(ii) the remaining 1.8-mile segment from such
section line shall be administered as a recreational
river.
``(C) The 3.7 miles of the Middle Fork of the Hood River
from the confluence of Clear and Coe Branches to the Mount Hood
National Forest boundary in sections 11 and 12 of township 1
south, ranges 9 and 10 east, as a scenic river.
``(D) The 4.6 miles of the South Fork Roaring River from
its headwaters to its confluence with Roaring River, as a wild
river.
``(E) The 4.3 miles of the Zig Zag River from its
headwaters to the Mount Hood Wilderness boundary, as a wild
river.''.

SEC. 203. RELATION TO MIDDLE FORK IRRIGATION DISTRICT.

(a) No Impact on Water Rights or Flow Requirements.--The
designation of the Middle Fork of the Hood River as a scenic river by
the amendment made by section 202 is not intended to have any impact on
water rights or flow requirements with regard to the Middle Fork
Irrigation District.
(b) Exclusion of Operational Areas.--The area of the Middle Fork of
the Hood River designated as a scenic river by the amendment made by
section 202 does not include any portion of the operation area of the
Middle Fork Irrigation District.

TITLE III--RECREATION

SEC. 301. FINDINGS AND PURPOSE.

The purpose of this title is to recognize and support recreation as
a dynamic social and economic component of the legacy and future of the
Mount Hood National Forest.

SEC. 302. RETENTION OF MOUNT HOOD NATIONAL FOREST LAND USE FEES FROM
SPECIAL USE AUTHORIZATIONS.

(a) Special Account.--The Secretary of the Treasury shall establish
a special account in the Treasury for Mount Hood National Forest.
(b) Deposits.--Except as provided in section 7 of the Act of April
24, 1950 (commonly known as the Granger-Thye Act; 16 U.S.C. 580d), the
National Forest Organizational Camp Fee Improvement Act of 2003 (title
V of division F of Public Law 108-107; 16 U.S.C. 6231 et seq.), Public
Law 106-206 (commonly known as the Commercial Filming Act; 16 U.S.C.
460l-6d), and the Federal Lands Recreation Enhancement Act (title VIII
of division J of Public Law 108-477; 16 U.S.C. 6801 et seq.), all land
use fees received after the date which is six months after the date of
the enactment of this Act from special use authorizations, such as
recreation residences, resorts, winter recreation resorts,
communication uses, and linear rights-of-way, and all other special use
types issued with regard to Mount Hood National Forest shall be
deposited in the special account established under subsection (a).
(c) Availability.--Subject to subsection (d), amounts in the
special account established under subsection (a) shall remain
available, without further appropriation and until expended, for
expenditure as provided in section 303. Upon request of the Secretary
of Agriculture, the Secretary of the Treasury shall transfer to the
Secretary of Agriculture from the special account such funds as the
Secretary of Agriculture may request. The Secretary shall accept and
use the funds in accordance with section 303.
(d) Termination of Special Account.--The special account required
by subsection (a) shall terminate at the end of the 10-year period
beginning on the date of the enactment of this Act. Any amounts
remaining in the special account at the end of such period shall be
transferred to the general fund of the Treasury.

SEC. 303. USE OF FUNDS IN SPECIAL ACCOUNT TO SUPPORT RECREATION.

(a) Authorized Uses.--The Secretary of Agriculture shall use funds
received from the special account under section 302(c) for the
following purposes related to Mount Hood National Forest:
(1) Installation, repair, maintenance, and facility
enhancement related directly to visitor enjoyment, visitor
access, and health and safety, such as--
(A) the improvement and maintenance of trails,
including trails used for hiking, biking, snowmobiling,
horseback riding, cross-country skiing, and off-highway
vehicles;
(B) water system improvements; and
(C) personal sanitation facilities improvements.
(2) Interpretive programs, visitor information, visitor
services, visitor needs assessments, mapping, signage, Leave-
No-Trace materials, and wilderness rangers.
(3) Habitat restoration directly related to recreation.
(4) Cooperative environmental restoration projects with
non-Federal partnership groups and associations, including
groups and associations that work with youth.
(5) Law enforcement and rescue and recovery efforts related
to public use and recreation, such as law enforcement at
recreation events, search and rescue operations, illegal
recreation activities investigations, and enforcement.
(6) Improving administration of special use authorizations.
(7) Preparation of documents required under the National
Environmental Policy Act of 1969 in connection with the
improvement or development of recreational opportunities.
(8) Other projects or partnerships recommended by the Mount
Hood National Forest Recreation Working Group established by
section 305.
(b) Allocation Requirements.--Of the total funds received by the
Secretary of Agriculture from the special account under section 302(c)
for a fiscal year, the Secretary shall allocate the funds as follows:
(1) 95 percent of the funds to Mount Hood National Forest.
(2) 5 percent of the funds to the Regional Office for the
Pacific Northwest Region of the Forest Service to develop
needed policy and training to support programs in wilderness
areas, special uses, trails, developed and dispersed
recreation, and interpretation related to Mount Hood National
Forest.

SEC. 304. ANNUAL REPORTING REQUIREMENT.

The Secretary of Agriculture shall submit to Congress an annual
report specifying--
(1) the total funds received by the Secretary from the
special account under section 302(c) for the preceding fiscal
year;
(2) how the funds were allocated and expended; and
(3) the results from such expenditures.

SEC. 305. MOUNT HOOD NATIONAL FOREST RECREATIONAL WORKING GROUP.

(a) Establishment and Purpose.--The Secretary of Agriculture shall
establish the Mount Hood National Forest Recreational Working Group for
the purpose of providing advice and recommendations to the Forest
Service on planning and implementing recreation enhancements in Mount
Hood National Forest, including advice and recommendations regarding
how the funds in the special account established under section 302
should be requested and expended.
(b) Duties.--The Working Group shall--
(1) review projects proposed by the Secretary for Mount
Hood National Forest under section 303(a);
(2) propose projects under section 303(a) to the Secretary;
(3) recommend the amount of funds from the special account
established under section 302 to be used to fund projects under
section 303; and
(4) provide opportunities for citizens, organizations,
Indian tribes, the Forest Service, and other interested parties
to participate openly and meaningfully, beginning at the early
stages of the development of projects under section 303(a).
(c) Appointment.--
(1) Appointment and term.--The Regional Forester, acting on
behalf of the Secretary of Agriculture, shall appoint the
members of the Working Group for a term of three years
beginning on the date of appointment. A member may be
reappointed to subsequent three-year terms.
(2) Initial appointment.--The Regional Forester shall make
initial appointments to the Working Group not later than 180
days after the date of the enactment of this Act.
(3) Vacancies.--The Regional Forester shall make
appointments to fill vacancies on the Working Group as soon as
practicable after the vacancy has occurred.
(4) Compensation.--Members of the Working Group shall not
receive any compensation for their service on the Working
Group.
(5) Nominations.--The State of Oregon and county
governments for each county directly adjacent to or containing
any portion of Mount Hood National Forest may submit a
nomination to the Regional Forester for each activity or
interest group category described in subsection (d).
(6) Broad and balanced representation.--In appointing the
members of the Working Group, the Regional Forester shall
provide for a balanced and broad representation from the
recreation community.
(d) Composition of Working Group.--The Working Group shall be
composed of 15 members, selected so that the following activities and
interest groups are represented:
(1) Summer non-mechanized recreation, such as hiking.
(2) Winter non-motorized recreation, such as snowshoeing
and backcountry skiing.
(3) Mountain biking.
(4) Hunting and fishing.
(5) Summer motorized recreation, such as off-highway
vehicle use.
(6) Local environmental groups.
(7) Winter motorized recreation, such as snowmobiling.
(8) Permitted ski areas.
(9) Forest products industry.
(10) Affected Indian tribes.
(11) Local holder of a recreation residence permit.
(12) Local government interests, such as a county
commissioner or city mayor in an elected position representing
a county or city directly adjacent or containing any portion of
Mount Hood National Forest.
(13) A resident of Government Camp.
(14) The State of Oregon.
(15) Operators of campground facilities open to the general
public.
(e) Chairperson.--The chairperson of the Working Group shall be
selected by a majority of the Working Group.
(f) Other Working Group Authorities and Requirements.--
(1) Staff assistance.--The Secretary of Agriculture shall
provide staff assistance to the Working Group from Federal
employees under the jurisdiction of the Secretary.
(2) Meetings.--All meetings of the Working Group shall be
announced at least one week in advance in a local newspaper of
record and shall be open to the public.
(3) Records.--The Working Group shall maintain records of
the meetings of the Working Group and make the records
available for public inspection.
(g) Limitation on Administrative Assistance.--Not more than five
percent of the funds allocated under section 303(b)(1) to Mount Hood
National Forest for a fiscal year may be used to provide administrative
assistance to the Working Group during that fiscal year.
(h) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Working Group.
(i) Termination of Working Group.--The Working Group shall
terminate at the end of the 10-year period beginning on the date of the
enactment of this Act.

SEC. 306. CONSIDERATION OF CONVERSION OF FOREST ROADS TO RECREATIONAL
USES.

(a) Evaluation of Currently Closed Roads.--
(1) Consideration for recreational use.--The Secretary of
Agriculture may make a determination regarding whether the
Forest Service roads in Mount Hood National Forest that were
selected before the date of the enactment of this Act for
closure and decommissioning, but have not yet been
decommissioned, should be converted to recreational uses to
enhance recreational opportunities in the national forest, such
as conversion to single-track trails for mountain bikes and
trails for snowmobiling, off-road vehicle use, horseback
riding, hiking, cross country skiing, and other recreational
uses.
(2) Consideration of environmental and economic impacts.--
In evaluating the feasibility and suitability of converting
Forest Service roads under this subsection to recreational
uses, and the types of recreational uses to be authorized, the
Secretary shall take into account the environmental and
economic impacts of implementing the conversion and of the
resulting recreational uses.
(3) Public process.--The consideration and selection of
Forest Service roads under this subsection for conversion to
recreational uses, and the types of recreational uses to be
authorized, shall be a public process, including consultation
by the Secretary of Agriculture with the Mount Hood National
Forest Recreational Working Group.
(b) Future Closure Considerations.--Whenever the Secretary of
Agriculture considers a Forest Service road in Mount Hood National
Forest for possible closure and decommissioning after the date of the
enactment of this Act, the Secretary shall include, as an alternative
to decommissioning the road, consideration of converting the road to
recreational uses to enhance recreational opportunities in the Mount
Hood National Forest.

SEC. 307. IMPROVED TRAIL ACCESS FOR PERSONS WITH DISABILITIES.

(a) Construction of Trail.--The Secretary of Agriculture may enter
into a contract with a partner organization or other person to design
and construct a trail at a location selected by the Secretary in Mount
Hood National Forest suitable for use by persons with disabilities.
(b) Public Process.--The selection of the trail location under
subsection (a) and the preparation of the design of the trail shall be
a public process, including consultation by the Secretary of
Agriculture with the Mount Hood National Forest Recreational Working
Group.
(c) Funding.--The Secretary of Agriculture may use funds in the
special account established under section 302 to carry out this
section.

TITLE IV--TRANSPORTATION

SEC. 401. FINDINGS AND PURPOSE.

The purpose of this title is to support the development of an
integrated, multi-modal transportation plan for the Mount Hood region
designed to achieve comprehensive solutions to transportation
challenges in the region necessary to promote appropriate economic
development, preserve landscapes, and enhance public safety.

SEC. 402. MOUNT HOOD REGION DEFINED.

In this title, the term ``Mount Hood region'' means Mount Hood and
the other areas immediately surrounding the mountain, as well as the
Highway 26 and Highway 35 corridors in and near Mount Hood National
Forest, other State, county, and Forest Service roads in and near the
national forest, and the gateway communities along these corridors and
roads.

SEC. 403. TRANSPORTATION PLAN.

(a) Forest Service Participation.--The Secretary of Agriculture is
authorized and directed to work with the State of Oregon to develop an
integrated, multi-modal transportation plan for the Mount Hood region.
(b) Planning Process.--The transportation plan shall conform with
Federal and Oregon transportation planning requirements and be the
product of a collaborative process, preferably through the use of a
commission composed of interested persons appointed by the State, with
representation from the Forest Service and local governments in the
Mount Hood region.
(c) Scope of Plan.--The transportation plan shall address both--
(1) transportation of people to and from areas outside the
Mount Hood region on major corridors traversing the region; and
(2) transportation of people from place to place within the
Mount Hood region.
(d) Specific Elements of Plan.--At a minimum, the transportation
plan shall consider the following:
(1) Transportation alternatives between and among
recreation areas and gateway communities within the Mount Hood
region.
(2) Park and ride facilities at gateway communities.
(3) Intermodal transportation centers to link public
transportation, parking, and recreation destinations.
(4) A new interchange on Highway 26 in or near Government
Camp.
(5) Designation, maintenance, and improvements of
alternative routes utilizing Forest Service and or State roads
for emergency routes or improved access to, and travel within,
the Mount Hood region.
(6) Reconstruction of Highway 35 from Mineral Creek to
Baseline Road to address ongoing debris flow locations.
(7) Mechanisms for funding implementation of the plan,
including Federal grants or appropriations, public-private
partnerships, incremental tax financing, and other financing
tools that link transportation infrastructure improvements with
development.
(e) Completion.--The transportation plan shall be completed within
two years after the date on which funds are first made available under
subsection (f) for the plan.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture $2,000,000, which the
Secretary shall provide to the State of Oregon for the preparation of
the transportation plan for the Mount Hood region.

SEC. 404. STUDY REGARDING GONDOLA CONNECTION AND INTERMODAL
TRANSPORTATION CENTER.

(a) Study Authorized.--The Secretary of Agriculture shall conduct a
study of the feasibility of establishing--
(1) a gondola connection between Timberline Lodge and
Government Camp, Oregon, in the vicinity of the historic
gondola corridor; and
(2) an intermodal transportation center in or near
Government Camp.
(b) Consideration of Sites.--In conducting the study under this
section, the Secretary may include consideration of one or more
possible sites for the gondola connection and intermodal transportation
center.

TITLE V--FOREST AND WATERSHED STEWARDSHIP

SEC. 501. FINDINGS AND PURPOSE.

The purpose of this title is to direct the Forest Service to
prepare an assessment to promote forested landscapes resilient to
catastrophic fire, insects, and disease, to protect homes and
communities from property damage and threats to public safety, and to
protect and enhance existing community or municipal watersheds. It is
the intent of Congress that site-specific forest health projects
undertaken pursuant to this assessment shall be completed in accordance
with existing law.

SEC. 502. FOREST STEWARDSHIP ASSESSMENT.

(a) Preparation of Assessment.--The Secretary of Agriculture shall
prepare an assessment to identify the forest health needs in those
areas of the Mount Hood National Forest with a high incidence of insect
or disease infestation (or both), heavily overstocked tree stands, or
moderate-to-high risk of unnatural catastrophic wildfire for the
purpose of improving condition class, which significantly improves the
forest health and water quality. The Secretary may utilize existing
information to complete the assessment. The assessment shall also
identify specific projects to address these issues.
(b) Improved Mapping.--The assessment may include improved mapping
of condition class 2 and condition class 3 areas and other areas
identified in subsection (a) in Mount Hood National Forest.
(c) Completion.--The Secretary of Agriculture shall complete the
assessment not later than one year after the date of the enactment of
this Act.
(d) Duration of Study.--The assessment shall cover a 10-year
period.
(e) Implementation.--Not later than one year after completion of
the assessment, the Secretary shall commence implementation of projects
to address the needs identified in the assessment. These projects shall
be implemented using authorities available to the Secretary to manage
the Mount Hood National Forest to achieve the purpose specified in
subsection (a).
(f) Delay.--During development of the assessment under this
section, a forest management project that is unaffiliated with the
assessment and has completed review as required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321) in accordance with
existing law, need not be delayed in the event the Secretary fails to
meet the deadline specified in subsection (c).
(g) Relation to Existing Law and Plans.--Nothing in this section
grants the Secretary any authority to manage the Mount Hood National
Forest contrary to existing law. The assessment conducted by the
Secretary under this section shall not supersede, be considered a
supplement or amendment to, or in any way affect the legal or
regulatory authority of the Mount Hood National Forest Land and
Resource Management Plan or the collection of documents entitled
``Final Supplemental Environmental Impact Statement and Record of
Decision for Amendments to Forest Service and Bureau of Land Management
Planning Documents within the Range of the Northern Spotted Owl'' and
``Standards and Guidelines for Management of Habitat for Late-
Successional and Old-Growth Forest Related Species Within the Range of
the Northern Spotted Owl''.
(h) Public Participation.--The Secretary shall provide an
opportunity for interested persons to be involved in development of the
assessment conducted by the Secretary under this section.

SEC. 503. SUSTAINABLE BIOMASS UTILIZATION STUDY.

(a) Study Required.--The Secretary of Agriculture shall conduct a
study to assess the amount of long-term sustainable biomass available
in the Mount Hood National Forest that, consistent with applicable law,
could be made available as a raw material for--
(1) the production of electric energy, sensible heat,
transportation fuel, or substitutes for petroleum-based
products;
(2) dimensional lumber, fencing, framing material, poles,
firewood, furniture, chips, pulp for paper; or
(3) other commercial purposes.
(b) Biomass Defined.--In this section, the term ``biomass'' means
small diameter trees and understory vegetation that is removed from
forested land as a by-product of forest restoration efforts.

SEC. 504. WATERSHED MANAGEMENT MEMORANDA OF UNDERSTANDING.

(a) Completion of Memoranda of Understanding.--To the extent that
memoranda of understanding or other legal agreements involving
watersheds of Mount Hood National Forest do not exist between
irrigation districts or municipalities and the Forest Service, the
Secretary of Agriculture may complete memoranda of understanding that
outline stewardship goals to manage the watersheds for water quality
and water quantity.
(b) Elements of Memorandum.--A memorandum of understanding
involving a watershed of Mount Hood National Forest shall encourage
adaptability, establish benchmarks regarding water quality and water
quantity, and require monitoring to determine progress in meeting such
benchmarks. The memorandum of understanding may restrict public access
to areas of the watershed where appropriate.
(c) Public Process Required.--
(1) Collaboration and consultation.--The Secretary of
Agriculture shall ensure that the process by which the
Secretary enters into a memorandum of understanding with an
irrigation district, local government, or other entity
involving a watershed of Mount Hood National Forest is based on
collaboration and cooperation between the Forest Service and
local jurisdictions and other interested persons.
(2) Public meeting required.--The Secretary and the other
party or parties to the proposed memorandum of understanding
shall hold at least one joint public meeting before completing
a final draft of the memorandum of understanding.
(3) Public comment.--A draft memorandum of understanding
also shall be open to public comment before being finalized.

TITLE VI--CRYSTAL SPRINGS WATERSHED SPECIAL RESOURCES MANAGEMENT UNIT

SEC. 601. FINDINGS AND PURPOSE.

The purpose of this title is to establish a special resources
management unit to ensure protection of the quality and quantity of the
Crystal Springs watershed as a clean drinking water source for the
residents of Hood River County, Oregon, while also allowing visitors to
enjoy its special scenic, natural, cultural, and wildlife values.

SEC. 602. ESTABLISHMENT OF CRYSTAL SPRINGS WATERSHED SPECIAL RESOURCES
MANAGEMENT UNIT.

(a) Establishment.--Effective as provided by section 605, the
Secretary of Agriculture shall establish a special resources management
unit in the State of Oregon consisting of all National Forest System
land that is located within 200 yards from any point on the perimeter
of the Crystal Springs Zone of Contribution, as determined by the
Crystal Springs Water District, and other National Forest System land
in and around the Inn at Cooper Spur and the Cooper Spur Ski Area, as
depicted on the map entitled ``Crystal Springs Watershed Special
Resources Management Unit'' and dated June 2006 in this subtitle
referred to as the ``official map'').
(b) Designation.--The special resources management unit established
pursuant to subsection (a) shall be known as the Crystal Springs
Watershed Special Resources Management Unit, in this title referred to
as the ``Management Unit''.
(c) Exclusion of Certain Land.--The Management Unit does not
include any National Forest System land otherwise covered by subsection
(a) that is designated as wilderness by title I.
(d) Withdrawal.--Subject to valid existing rights, National Forest
System land included in the Management Unit are permanently withdrawn
from all forms of appropriation under the public land laws, including
the mining laws and mineral and geothermal leasing laws.
(e) Maps and Legal Description.--
(1) Submission of legal descriptions.--As soon as
practicable after the effective date specified in section 605,
the Secretary shall prepare and submit to Congress a legal
description of the Management Unit.
(2) Force of law.--The map referred to in subsection (a)
and the legal descriptions prepared under paragraph (1) shall
have the same force and effect as if included in this Act,
except that the Secretary may correct technical errors in the
map and legal descriptions. The map of the Crystal Springs Zone
of Contribution is incorporated in this Act to delineate the
boundaries of the Management Unit, and the delineation of these
boundaries is not intended to affect the specific uses that may
occur on private land within the boundaries of the Management
Unit.
(3) Public availability.--The map referred to in subsection
(a) and the legal descriptions prepared under paragraph (1)
shall be filed and made available for public inspection in the
appropriate offices of the Forest Service.

SEC. 603. ADMINISTRATION OF MANAGEMENT UNIT.

(a) General Applicability of Existing Laws.--Except as provided in
this title, all other laws and regulations affecting National Forest
System lands shall continue to apply to the National Forest System
lands included in the Management Unit.
(b) Authorized Activities.--
(1) Process for allowing activities.--Only activities
described in this subsection may occur in the Management Unit,
and the Secretary of Agriculture may permit an activity
described in this subsection to occur in the Management Unit
only after the Secretary--
(A) obtains the review and opinions of the Crystal
Springs Water District regarding the effect of the
activity on the purposes of the Management Unit;
(B) complies with all applicable Federal law
regarding development and implementation of the
activity; and
(C) when appropriate, provides to the general
public advance notice of the activity, an opportunity
to comment on the activity, and appeal rights regarding
the activity.
(2) Recreation.--The Secretary may--
(A) continue to maintain recreational opportunities
and trails, in existence in the Management Unit as of
the effective date specified in section 605, within
their existing and historic footprints or at an
alternative location; and
(B) develop new foot paths or cross-county skiing
trails in the Management Unit.
(3) Lease of certain improvements.--The Secretary may lease
improvements and facilities, in existence in the Management
Unit as of the effective date specified in section 605, within
their existing and designated footprints to one or more
concessionaires.
(4) Road maintenance.--Subject to subsection (d), the
Secretary may maintain National Forest System roads, in
existence in the Management Unit as of the effective date
specified in section 605 or as directed by the management plan
required by subsection (d). Maintenance may include the
installation of culverts and drainage improvements and other
similar activities.
(5) Fuel reduction in proximity to improvements and primary
public roads.--The Secretary may permit fuel reduction on
National Forest System land in the Management Unit--
(A) extending up to 400 feet from structures on
National Forest System land or structures on adjacent
private land; and
(B) extending up to 400 feet from the Cooper Spur
Road, the Cloud Cap Road, and the Cooper Spur ski area
loop road.
(6) Other fuel reduction and forest health activities.--The
Secretary may conduct fuel reduction and forest health
management activities in the Management Unit, with priority
given to activities that restore previously harvested stands,
including the removal of logging slash, smaller diameter
material, and ladder fuels. The purpose of any fire risk
reduction or forest health management activity conducted in the
Management Unit shall be the maintenance and restoration of
fire-resilient forest structures containing multi-storied
canopies (where ecologically appropriate) and the protection of
water quality, water quantity, scenic, cultural natural and
wildlife values.
(c) Specifically Prohibited Activities.--The following activities
may not occur on National Forest System land in the Management Unit,
whether separately or, except as provided in paragraph (2), as part of
an activity authorized by subsection (b):
(1) New road construction or renovation of existing non-
System roads.
(2) Projects undertaken for the purpose of harvesting
commercial timber. The harvest of merchantable products that
are a by-product of activities conducted pursuant to subsection
(b)(6) and carried out pursuant to a stewardship contract are
not prohibited by this subsection
(3) Commercial livestock grazing.
(4) The placement or maintenance of fuel storage tanks.
(5) The application of any toxic chemicals, including
pesticides, rodenticides, herbicides, or retardants, for any
purpose, except with the consent of the Crystal Springs Water
District.
(d) Management Plan.--
(1) Plan required.--Within nine months after the effective
date specified in section 605, the Secretary of Agriculture
shall adopt a management plan for the Management Unit that,
while providing for the limited activities specifically
authorized by subsection (b), protects the watershed from
illegal dumping, human waste, fires, vandalism and other risks
to water quality.
(2) Consultation and public participation.--The Secretary
shall prepare the management plan in consultation with the
Crystal Springs Water District, the Cooper Spur Wild and Free
Coalition, and Hood River County and provide for public
participation as described in subsection (b)(1)(C).
(e) Forest Road Closures.--As part of the management plan required
by subsection (d), the Secretary of Agriculture may provide for the
closure or gating to the general public of any Forest Service road
within the Management Unit, except for the road commonly known as Cloud
Cap Road.
(f) Private Land.--Nothing in this section affects the use of, or
access to, any private property within the Crystal Springs Zone of
Contribution by the owners of the private property and their guests.
The Secretary is encouraged to work with interested private landowners
who have voluntarily agreed to cooperate with the Secretary to further
the purposes of this title.
(g) Relationship With Water District.--Except as provided in this
section, the Crystal Springs Water District has no authorities over
management or use of National Forest System land included in the
Management Unit.

SEC. 604. ACQUISITION OF LANDS.

(a) Acquisition Authority.--The Secretary of Agriculture may
acquire from willing landowners any lands located in the Crystal
Springs Zone of Contribution within the boundaries of Mount Hood
National Forest. Lands so acquired shall automatically be added to the
Management Unit.
(b) Prohibition on Subsequent Conveyance.--The Secretary may not
sell, trade, or otherwise transfer ownership of any land within the
Management Unit, including any of the land acquired under subsection
(a) or received by the Secretary as part of the Cooper Spur-Government
Camp land exchange authorized by subtitle A of title VIII and included
within the Management Unit, to any person.

SEC. 605. EFFECTIVE DATE.

The Secretary of Agriculture shall establish the Management Unit as
soon as practicable after the final closing of the Cooper Spur-
Government Camp land exchange authorized by subtitle A of title VIII,
but in no case later than 30 days after the date of the final closing
of such land exchange. The Management Unit may not be established
before final closing of the land exchange.

TITLE VII--LOCAL AND TRIBAL RELATIONSHIPS

SEC. 701. FINDINGS AND PURPOSE.

The purpose of this title is to recognize and support the ability
of Native Americans to continue to gather first foods in the Mount Hood
National Forest using traditional methods and the central role of the
State of Oregon and local governments in managing for issues dealing
with natural and developed environments in the vicinity of the national
forest.

SEC. 702. FIRST FOODS GATHERING AREAS.

(a) Priority Use Areas.--The Secretary of Agriculture shall
identify, establish, develop, and manage priority-use areas in Mount
Hood National Forest for the gathering of first foods by members of
Indian tribes with treaty-reserved gathering rights on lands
encompassed by the national forest. The priority-use areas shall be
identified, established, developed, and managed in a manner consistent
with the memorandum of understanding entered into between the
Department of Agriculture, the Bureau of Land Management, the Bureau of
Indian Affairs, and the Confederated Tribes of the Warm Springs
Reservation of Oregon (in this section referred to as the ``Warm
Springs Tribe'') and dated April 23, 2003, and such further agreements
as are necessary between the Secretary of Agriculture and the Warm
Springs Tribe to carry out the purposes of this section.
(b) Priority Use.--Members of Indian tribes with treaty-reserved
gathering rights on lands encompassed by Mount Hood National Forest
shall have exclusive rights to gather first foods in the priority-use
areas established pursuant to subsection (a).
(c) Applicable Law.--In considering and selecting National Forest
System land for inclusion in a priority-use area under subsection (a),
the Secretary of Agriculture shall comply with the land and resource
management plan for Mount Hood National Forest and applicable laws.
(d) First Foods Defined.--In this section, the term ``first foods''
means roots, berries, and plants on National Forest System land in
Mount Hood National Forest that have been gathered for traditional and
cultural purposes by members of Indian tribes with treaty-reserved
gathering rights on lands encompassed by Mount Hood National Forest.

SEC. 703. FOREST SERVICE COORDINATION WITH STATE AND LOCAL GOVERNMENTS.

Congress encourages the Secretary of Agriculture to cooperate with
the State of Oregon, local communities, counties, and Indian tribes in
the vicinity of Mount Hood National Forest, and the heads of other
Federal agencies to identify common ground, coordinate planning efforts
around the national forest, and make the Federal Government a better
partner in building cooperative and lasting solutions for management of
Mount Hood National Forest and non-Federal land in the vicinity of the
national forest.

SEC. 704. SAVINGS PROVISIONS REGARDING RELATIONS WITH INDIAN TRIBES.

(a) Treaty Rights.--Nothing in this Act is intended to alter,
modify, enlarge, diminish, or extinguish the treaty rights of any
Indian tribe, including the off-reservation reserved rights established
by the Treaty of June 25, 1855, with the Tribes and Bands of Middle
Oregon (12 Stat. 963). Section 702 is consistent with and intended to
implement the gathering rights reserved by such treaty.
(b) Tribal Lands.--Nothing in this Act is intended to affect lands
held in trust by the Secretary of the Interior for Indian tribes or
individual members of Indian tribes or other lands acquired by the Army
Corps of Engineers and administered by the Secretary of the Interior
for the benefit of Indian tribes and individual members of Indian
tribes.
(c) Hunting and Fishing.--Nothing in this Act is intended to affect
the laws, rules, and regulations pertaining to hunting and fishing
under existing State and Federal laws and Indian treaties.

SEC. 705. IMPROVED NATURAL DISASTER PREPAREDNESS.

(a) Imposition of Standards.--New development occurring on land
conveyed by the Secretary of Agriculture under title VIII or undertaken
or otherwise permitted by the Secretary of Agriculture on National
Forest System land in Mount Hood National Forest after the date of the
enactment of this Act shall be constructed or altered in compliance
with one of the nationally recognized model building codes or wildland-
urban interface codes and with other applicable nationally recognized
codes.
(b) Inclusion of Standards in Land Conveyances.--In the case of
each of the land conveyances described in title VIII, the Secretary
shall impose the requirements of subsection (a) as a condition on the
conveyance of the Federal land under the conveyance.
(c) Effect on State and Local Law.--To the maximum extent feasible,
the codes imposed pursuant to subsection (a) shall be consistent with
the nationally recognized codes adopted by the State of Oregon or
political subdivisions of the State. This section shall not be
construed to limit the power of the State of Oregon or a political
subdivision of the State to implement or enforce any law, rule,
regulation, or standard concerning fire prevention and control.
(d) Enforcement.--The codes imposed pursuant to subsection (a) may
be enforced by the same entities otherwise enforcing building codes
regarding new development occurring on land conveyed by the Secretary
of Agriculture under title VIII.

TITLE VIII--LAND CONVEYANCES

Subtitle A--Cooper Spur-Government Camp Land Exchange

SEC. 801. FINDINGS AND PURPOSE.

The purpose of this subtitle is to recognize the years of work by
local residents and political and business leaders from throughout the
States of Oregon and Washington to protect the north side of Mount Hood
and bring to culmination the land exchange authorized by section 802.
Congress finds that numerous public hearings have been held where broad
public support has been voiced for the protection of Mount Hood and the
consummation of the land exchange.

SEC. 802. COOPER SPUR-GOVERNMENT CAMP LAND EXCHANGE.

(a) Conveyance Required.--The Secretary of Agriculture shall convey
to Mt. Hood Meadows Oregon, Limited Partnership (in this subtitle
referred to as ``Mt. Hood Meadows''), all right, title, and interest of
the United States in and to--
(1) a parcel of National Forest System land in Mount Hood
National Forest consisting of approximately 80 acres in
Government Camp, Clackamas County, Oregon, as depicted on the
map entitled ``Cooper Spur-Government Camp Land Exchange'' and
dated June 2006 (in this subtitle referred to as the ``official
map''); and
(2) a parcel of National Forest System land in Mount Hood
National Forest consisting of approximately 40 acres in
Government Camp, as depicted on the official map.
(b) Consideration.--As consideration for the conveyance under
subsection (a), Mt. Hood Meadows, Meadows North, LLC, and North Face
Inn, LLC, shall convey to the United States all right, title, and
interest of these entities in and to--
(1) a parcel of private land consisting of approximately
770 acres at Cooper Spur, as depicted on the official map;
(2) all buildings, furniture, fixtures, and equipment at
the Inn at Cooper Spur covered by the appraisal described in
subsection (c)(1);
(3) the 1,350 acre special use permit for the Cooper Spur
Ski Area, as depicted on the official map; and
(4) all buildings, furniture, fixtures, and equipment at
the Cooper Spur Ski Area covered by the appraisal described in
subsection (c)(1).
(c) Appraised Values of Conveyed Property.--
(1) Use of agreed upon appraisal.--For purposes of the land
exchange authorized by this subtitle, the values of the land
and other property to be conveyed under subsections (a) and (b)
are derived from appraisals performed in 2005 by Steve A. Hall,
MAI, CCIM, Oregon State Certified General Appraiser. The
appraisals were performed in compliance with the Uniform
Standards of Professional Appraisal Practice and the Uniform
Appraisal Standards for Federal Land Acquisitions 2000 and have
been reviewed and approved by the parties to the settlement
agreement.
(2) Appraised values.--
(A) Federal land.--The appraised value of the land
to be conveyed by the Secretary of Agriculture under
subsection (a) is $3,810,000.
(B) Private land and property.--The appraised value
of the land and other property to be conveyed by Mt.
Hood Meadows, Meadows North, LLC, and North Face Inn,
LLC, under subsection (b) is $5,535,000.
(3) Treatment of excess consideration.--The amount by which
the appraised value of the land and other property conveyed by
Mt. Hood Meadows, Meadows North, LLC, and North Face Inn, LLC,
under subsection (b) exceeds the appraised value of the land
conveyed by the Secretary under subsection (a), $1,725,000,
represents a donation to the United States.
(d) Completion of Land Exchange.--The Secretary of Agriculture
shall complete all legal and regulatory processes required in
connection with the conveyances under this section and complete the
closing of the conveyances within eight months after the date of the
enactment of this Act.
(e) Reconveyance of Land and Improvements.--
(1) Prohibition on reconveyance of land.--The Secretary of
Agriculture may not reconvey any of the land (as opposed to
improvements thereon) acquired by the United States under
subsection (b).
(2) Limitation on reconveyance of improvements.--Any
subsequent sale or lease of improvements acquired under
subsection (b) may not be made to Mt. Hood Meadows, or any
successor thereof.
(f) Existing Rights.--The conveyance of Federal land under this
section shall be subject to valid existing rights of third parties. In
the alternative, the Secretary of Agriculture may grant substitute
permit rights of equivalent utility to use other Federal land.

SEC. 803. TREATMENT OF INN AT COOPER SPUR AND THE COOPER SPUR SKI AREA.

(a) Solicitation of New Concessionaire.--Not later than 60 days
after the date of the final closing of the land exchange under section
802, the Secretary of Agriculture shall prepare and publish a proposed
prospectus in order to solicit a new concessionaire for the Inn at
Cooper Spur and the Cooper Spur Ski Area within the new configuration
of these establishments, as depicted on the official map.
(b) Competitive Process.--Prospective concessionaires shall be able
to bid competitively for the right to operate either the Inn at Cooper
Spur or the Cooper Spur Ski Area (or both together) in an open process
that considers all values, not just the highest dollar value.
(c) Consultation.--The Secretary of Agriculture shall consult with
Mt. Hood Meadows, Meadows North, LLC, and North Face Inn, LLC, the Hood
River Valley Residents Committee, the Cooper Spur Wild and Free
Coalition, and the Hood River County Commission in selecting a new
concessionaire for the Inn at Cooper Spur and the Cooper Spur Ski Area
and to prepare for the orderly and smooth transition of the operation
of the Inn at Cooper Spur and the Cooper Spur Ski Area to the new
concessionaire.
(d) Treatment of Proceeds.--All funds received pursuant to a
concession contract under this section shall be deposited in the fund
established by Public Law 90-171 (16 U.S.C. 484a; commonly known as the
Sisk Act) and shall remain available to the Secretary of Agriculture
until expended, without further appropriation, for use in Mount Hood
National Forest, with priority given to the Hood River Ranger District
for restoration projects on the North side of Mount Hood.
(e) Alternative Conveyance and Special Use Permit.--If the
Secretary of Agriculture has not selected a concessionaire for the Inn
at Cooper Spur and the Cooper Spur Ski Area by the end of the one-year
period beginning on the date of the publication of the prospectus under
subsection (a), the Secretary may convey, without consideration, the
improvements acquired under paragraphs (2) and (4) of section 802(b)
only to Hood River County, Oregon. If the Secretary conveys
improvements to Hood River County pursuant to this subsection, the
Secretary shall issue a special use permit that would allow reasonable
access to and management of the improvements under terms similar to the
Cooper Spur Ski Area Special Use Permit.

SEC. 804. GENERAL PROVISIONS.

(a) Applicable Law.--Except as otherwise provided in this subtitle,
the exchange of Federal land under section 802 is subject to the
existing laws and regulations applicable to the conveyance and
acquisition of land under the jurisdiction of the Forest Service. It is
anticipated that the Secretary of Agriculture will be able to carry out
the land exchange without the promulgation of additional regulations.
(b) Conditions on Acceptance.--Title to the non-Federal land to be
acquired by the Secretary of Agriculture under section 802 must be
acceptable to the Secretary, and the conveyances shall be subject to
valid existing rights of record. The non-Federal land shall conform
with the title approval standards applicable to Federal land
acquisitions.
(c) Legal Descriptions.--The exact acreage and legal description of
the land to be exchanged under section 802 shall be determined by
surveys satisfactory to the Secretary of Agriculture. The costs of any
such survey, as well as other administrative costs incurred to execute
the land exchange, shall be borne by the Secretary.

Subtitle B--Other Land Exchanges

SEC. 811. LAND EXCHANGE, PORT OF CASCADE LOCKS-PACIFIC CREST NATIONAL
SCENIC TRAIL.

(a) Conveyance Required.--The Secretary of Agriculture shall convey
to the Port of Cascade Locks, Cascade Locks, Oregon (in this section
referred to as the ``Port''), all right, title, and interest of the
United States in and to a parcel of National Forest System land in the
Columbia River Gorge National Scenic Area consisting of approximately
10 acres, as depicted on the map entitled ``Port of Cascade Locks-
Pacific Crest National Scenic Trail Land Exchange'' and dated June
2006.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the Port shall convey to the United States all right,
title, and interest of the Port in and to a parcel of land consisting
of approximately 40 acres, as depicted on the map referred to in
subsection (a). The acquisition of this land will ensure the continued
integrity of the Pacific Crest National Scenic Trail in the vicinity of
Cascade Locks and the public's ability to access the north Oregon
entrance of the trail.
(c) Equal Value Exchange.--The values of the land to be exchanged
under this section shall be determined pursuant to an appraisal
acceptable to the Secretary of Agriculture and the Port. If the values
are not equal, they shall be equalized in the manner provided in
section 206(b) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(b)).
(d) Compliance With Existing Law.--Except as otherwise provided in
this section, the Secretary shall carry out the land exchange under
this section in the manner provided in section 206 of the Federal Land
Policy Management Act of 1976 (43 U.S.C. 1716).
(e) Conditions on Acceptance.--Title to the non-Federal land to be
acquired by the Secretary of Agriculture under this section must be
acceptable to the Secretary, and the conveyances shall be subject to
valid existing rights of record. The non-Federal land shall conform
with the title approval standards applicable to Federal land
acquisitions.
(f) Legal Descriptions.--The exact acreage and legal description of
the land to be exchanged under this section shall be determined by
surveys satisfactory to the Secretary of Agriculture. The costs of such
survey, as well as other administrative costs incurred to execute the
land exchange, shall be negotiated between the Secretary and the Port.
(g) Existing Rights.--The conveyance of Federal land under this
section shall be subject to valid existing rights of third parties. In
the alternative, the Secretary of Agriculture may grant substitute
permit rights of equivalent utility to use other Federal land.
(h) Completion of Land Exchange.--The Secretary of Agriculture
shall complete all legal and regulatory processes required in
connection with the conveyances under this section and complete the
closing of the conveyances within 16 months after the date of the
enactment of this Act.

SEC. 812. HUNCHBACK MOUNTAIN LAND EXCHANGE, CLACKAMAS COUNTY.

(a) Conveyance Required.--The Secretary of Agriculture shall convey
to Clackamas County, Oregon (in this section referred to as the
``County''), all right, title, and interest of the United States in and
to a parcel of National Forest System land in the Mount Hood National
Forest consisting of approximately 160 acres, as depicted on the map
entitled ``Hunchback Mountain Land Exchange-Clackamas County'' and
dated June 2006.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the County shall convey to the United States all right,
title, and interest of the County in and to a parcel of land consisting
of approximately 160 acres, as depicted on the map referred to in
subsection (a). The acquisition of this parcel will ensure the
continued integrity of the forested land, a substantial portion of
which exceeds 120 years in age, and the public's access to the parcel.
(c) Equal Value Exchange.--The values of the land to be exchanged
under this section shall be determined pursuant to an appraisal
acceptable to the Secretary of Agriculture and the County. If the
values are not equal, they shall be equalized in the manner provided in
section 206(b) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(b)).
(d) Compliance With Existing Law.--Except as otherwise provided in
this section, the Secretary shall carry out the land exchange under
this section in the manner provided in section 206 of the Federal Land
Policy Management Act of 1976 (43 U.S.C. 1716).
(e) Conditions on Acceptance.--Title to the non Federal land to be
acquired by the Secretary of Agriculture under this section must be
acceptable to the Secretary, and the conveyances shall be subject to
valid existing rights of record. The non-Federal land shall conform
with the title approval standards applicable to Federal land
acquisitions.
(f) Legal Descriptions.--The exact acreage and legal description of
the land to be exchanged under this section shall be determined by
surveys satisfactory to the Secretary of Agriculture. The costs of any
such survey, as well as other administrative costs incurred to execute
the land exchange, shall be negotiated between the Secretary and the
County.
(g) Existing Rights.--The conveyance of Federal land under this
section shall be subject to valid existing rights of third parties. In
the alternative, the Secretary of Agriculture may grant substitute
permit rights of equivalent utility to use other Federal land.
(h) Completion of Land Exchange.--The Secretary of Agriculture
shall complete all legal and regulatory processes required in
connection with the land exchange under this section and complete the
closing of the land exchange not later than 16 months after the date of
the enactment of this Act.

Passed the House of Representatives July 24, 2006.

Attest:

KAREN L. HAAS,

Clerk.