[DOCID: f:sr172.110]
From the Senate Reports Online via GPO Access
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Calendar No. 370
110th Congress Report
SENATE
1st Session 110-172
======================================================================
LEWIS AND CLARK MOUNT HOOD WILDERNESS ACT OF 2007
_______
September 17, 2007.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 647]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 647) to designate certain land in the
State of Oregon as wilderness, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Lewis and Clark
Mount Hood Wilderness Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--PROTECTED AREAS
Subtitle A--Designation of Wilderness Areas
Sec. 101. Designation of Lewis and Clark Mount Hood wilderness areas.
Sec. 102. Richard L. Kohnstamm Memorial Area.
Sec. 103. Potential wilderness area; additions to wilderness areas.
Sec. 104. Maps and legal descriptions.
Sec. 105. Administration.
Sec. 106. Buffer zones.
Sec. 107. Fish and wildlife.
Sec. 108. Fire, insects, and diseases.
Sec. 109. Withdrawal.
Subtitle B--Designation of Streams for Wild and Scenic River Protection
in the Mount Hood Area
Sec. 111. Wild and Scenic River designations, Mount Hood National
Forest.
Sec. 112. Protection for Hood River, Oregon.
Subtitle C--Mount Hood National Recreation Area
Sec. 121. Mount Hood National Recreation Area.
Subtitle D--Protections for Crystal Springs, Upper Big Bottom, and
Cultus Creek
Sec. 131. Crystal Springs Watershed Special Resources Management Unit.
Sec. 132. Protections for Upper Big Bottom and Cultus Creek.
TITLE II--LAND EXCHANGES
Subtitle A--Cooper Spur-Government Camp Land Exchange
Sec. 201. Definitions.
Sec. 202. Cooper Spur-Government Camp land exchange.
Subtitle B--Port of Cascade Locks Land Exchange
Sec. 211. Definitions.
Sec. 212. Land exchange, Port of Cascade Locks-Pacific Crest National
Scenic Trail.
Subtitle C--Hunchback Mountain Land Exchange and Boundary Adjustment
Sec. 221. Definitions.
Sec. 222. Hunchback Mountain land exchange.
Sec. 223. Boundary adjustment.
Subtitle D--Conditions on Development of Federal Land
Sec. 231. Improved natural disaster preparedness.
TITLE III--TRIBAL PROVISIONS; PLANNING AND STUDIES
Sec. 301. Transportation plan.
Sec. 302. Mount Hood National Forest stewardship strategy.
Sec. 303. Local and tribal relationships.
Sec. 304. Recreational uses.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(2) State.--The term ``State'' means the State of Oregon.
TITLE I--PROTECTED AREAS
Subtitle A--Designation of Wilderness Areas
SEC. 101. DESIGNATION OF LEWIS AND CLARK MOUNT HOOD WILDERNESS AREAS.
In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the
following areas in the State of Oregon are designated as wilderness
areas and as components of the National Wilderness Preservation System:
(1) Badger creek wilderness additions.--Certain Federal land
managed by the Forest Service, comprising approximately 4,140
acres, as generally depicted on the maps entitled ``Badger
Creek Wilderness-Badger Creek Additions'' and ``Badger Creek
Wilderness-Bonney Butte'', dated July 16, 2007, which is
incorporated in, and considered to be a part of, the Badger
Creek Wilderness, as designated by section 3(3) of the Oregon
Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273).
(2) Bull of the woods wilderness addition.--Certain Federal
land managed by the Forest Service, comprising approximately
10,180 acres, as generally depicted on the map entitled ``Bull
of the Woods Wilderness-Bull of the Woods Additions'', dated
July 16, 2007, which is incorporated in, and considered to be a
part of, the Bull of the Woods Wilderness, as designated by
section 3(4) of the Oregon Wilderness Act of 1984 (16 U.S.C.
1132 note; 98 Stat. 273).
(3) Clackamas wilderness.--Certain Federal land managed by
the Forest Service, comprising approximately 9,470 acres, as
generally depicted on the maps entitled ``Clackamas Wilderness-
Big Bottom'', ``Clackamas Wilderness-Clackamas Canyon'',
``Clackamas Wilderness-Memaloose Lake'', ``Clackamas
Wilderness-Sisi Butte'', and ``Clackamas Wilderness-South Fork
Clackamas'', dated July 16, 2007, which shall be known as the
``Clackamas Wilderness''.
(4) Mark o. hatfield wilderness additions.--Certain Federal
land managed by the Forest Service, comprising approximately
25,960 acres, as generally depicted on the maps entitled ``Mark
O. Hatfield Wilderness-Gorge Face'' and ``Mark O. Hatfield
Wilderness-Larch Mountain'', dated July 16, 2007, which is
incorporated in, and considered to be a part of, the Mark O.
Hatfield Wilderness, as designated by section 3(1) of the
Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat.
273).
(5) Mount hood wilderness additions.--Certain Federal land
managed by the Forest Service, comprising approximately 18,450
acres, as generally depicted on the maps entitled ``Mount Hood
Wilderness-Barlow Butte'', ``Mount Hood Wilderness-Elk Cove/
Mazama'', ``Mount Hood Wilderness-Richard L. Kohnstamm Memorial
Area'', ``Mount Hood Wilderness-Sand Canyon'', ``Mount Hood
Wilderness-Sandy Additions'', ``Mount Hood Wilderness-Twin
Lakes'', and ``Mount Hood Wilderness-White River'', dated July
16, 2007, and the map entitled ``Mount Hood Wilderness-Cloud
Cap'', dated July 20, 2007, which is incorporated in, and
considered to be a part of, the Mount Hood Wilderness, as
designated under section 3(a) of the Wilderness Act (16 U.S.C.
1132(a)) and enlarged by section 3(d) of the Endangered
American Wilderness Act of 1978 (16 U.S.C. 1132 note; 92 Stat.
43).
(6) Roaring river wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 36,550 acres,
as generally depicted on the map entitled ``Roaring River
Wilderness-Roaring River Wilderness'', dated July 16, 2007,
which shall be known as the ``Roaring River Wilderness''.
(7) Salmon-huckleberry wilderness additions.--Certain Federal
land managed by the Forest Service, comprising approximately
16,620 acres, as generally depicted on the maps entitled
``Salmon-Huckleberry Wilderness-Alder Creek Additions'',
``Salmon-Huckleberry Wilderness-Eagle Creek Addition'',
``Salmon-Huckleberry Wilderness-Hunchback Mountain'', ``Salmon-
Huckleberry Wilderness-Inch Creek'', ``Salmon-Huckleberry
Wilderness-Mirror Lake'', and ``Salmon-Huckleberry Wilderness-
Salmon River Meadows'', dated July 16, 2007, which is
incorporated in, and considered to be a part of, the Salmon-
Huckleberry Wilderness, as designated by section 3(2) of the
Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat.
273).
(8) Lower white river wilderness.--Certain Federal land
managed by the Forest Service and Bureau of Land Management,
comprising approximately 2,870 acres, as generally depicted on
the map entitled ``Lower White River Wilderness-Lower White
River'', dated July 16, 2007, which shall be known as the
``Lower White River Wilderness''.
SEC. 102. RICHARD L. KOHNSTAMM MEMORIAL AREA.
Certain Federal land managed by the Forest Service, as generally
depicted on the map entitled ``Mount Hood Wilderness-Richard L.
Kohnstamm Memorial Area'', dated July 16, 2007, is designated as the
``Richard L. Kohnstamm Memorial Area''.
SEC. 103. POTENTIAL WILDERNESS AREA; ADDITIONS TO WILDERNESS AREAS.
(a) Roaring River Potential Wilderness Area.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land
managed by the Forest Service, comprising approximately 900
acres identified as ``Potential Wilderness'' on the map
entitled ``Roaring River Wilderness'', dated July 16, 2007, is
designated as a potential wilderness area.
(2) Management.--The potential wilderness area designated by
paragraph (1) shall be managed in accordance with section 4 of
the Wilderness Act (16 U.S.C. 1133).
(3) Designation as wilderness.--On the date on which the
Secretary publishes in the Federal Register notice that the
conditions in the potential wilderness area designated by
paragraph (1) are compatible with the Wilderness Act (16 U.S.C.
1131 et seq.), the potential wilderness shall be--
(A) designated as wilderness and as a component of
the National Wilderness Preservation System; and
(B) incorporated into the Roaring River Wilderness
designated by section 101(6).
(b) Addition to the Mount Hood Wilderness.--On completion of the land
exchange under section 202, certain Federal land managed by the Forest
Service, comprising approximately 1,710 acres, as generally depicted on
the map entitled ``Mount Hood Wilderness-Tilly Jane'', dated July 20,
2007, shall be incorporated in, and considered to be a part of, the
Mount Hood Wilderness, as designated under section 3(a) of the
Wilderness Act (16 U.S.C. 1132(a)) and enlarged by section 3(d) of the
Endangered American Wilderness Act of 1978 (16 U.S.C. 1132 note; 92
Stat. 43) and section 101(5).
(c) Addition to the Salmon-Huckleberry Wilderness.--On acquisition by
the United States, the approximately 160 acres of land identified as
``Land to be acquired by USFS'' on the map entitled ``Hunchback
Mountain Land Exchange, Clackamas County'', dated June 2006, shall be
incorporated in, and considered to be a part of, the Salmon-Huckleberry
Wilderness, as designated by section 3(2) of the Oregon Wilderness Act
of 1984 (16 U.S.C. 1132 note; 98 Stat. 273) and enlarged by section
101(7).
SEC. 104. MAPS AND LEGAL DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall file a map and a legal description of
each wilderness area and potential wilderness area designated by this
title, with--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
(b) Force of Law.--The maps and legal descriptions filed under
subsection (a) shall have the same force and effect as if included in
this Act, except that the Secretary may correct typographical errors in
the maps and legal descriptions.
(c) Public Availability.--Each map and legal description filed under
subsection (a) shall be on file and available for public inspection in
the appropriate offices of the Forest Service and Bureau of Land
Management.
(d) Description of Land.--The boundaries of the areas designated as
wilderness by section 101 that are immediately adjacent to a utility
right-of-way or a Federal Energy Regulatory Commission project boundary
shall be 100 feet from the boundary of the right-of-way or the project
boundary.
SEC. 105. ADMINISTRATION.
(a) In General.--Subject to valid existing rights, each area
designated as wilderness by this title shall be administered by the
Secretary that has jurisdiction over the land within the wilderness, in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except
that--
(1) any reference in that Act to the effective date shall be
considered to be a reference to the date of enactment of this
Act; and
(2) any reference in that Act to the Secretary of Agriculture
shall be considered to be a reference to the Secretary that has
jurisdiction over the land within the wilderness.
(b) Incorporation of Acquired Land and Interests.--Any land within
the boundary of a wilderness area designated by this Act that is
acquired by the United States shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with this Act, the Wilderness
Act (16 U.S.C. 1131 et seq.), and any other applicable law.
SEC. 106. BUFFER ZONES.
(a) In General.--As provided in the Oregon Wilderness Act of 1984 (16
U.S.C. 1132 note; Public Law 98-328), Congress does not intend for
designation of wilderness areas in the State under this title to lead
to the creation of protective perimeters or buffer zones around each
wilderness area.
(b) Activities or Uses up to Boundaries.--The fact that nonwilderness
activities or uses can be seen or heard from within a wilderness area
shall not, of itself, preclude the activities or uses up to the
boundary of the wilderness area.
SEC. 107. FISH AND WILDLIFE.
Nothing in this Act affects the jurisdiction or responsibilities of
the State with respect to fish and wildlife.
SEC. 108. FIRE, INSECTS, AND DISEASES.
As provided in section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)), within the wilderness areas designated by this Act, the
Secretary that has jurisdiction over the land within the wilderness
(referred to in this section as the ``Secretary'') may take such
measures as are necessary to control fire, insects, and diseases,
subject to such terms and conditions as the Secretary determines to be
desirable and appropriate.
SEC. 109. WITHDRAWAL.
Subject to valid rights in existence on the date of enactment of this
Act, the Federal land designated as wilderness by this subtitle is
withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
Subtitle B--Designation of Streams for Wild and Scenic River Protection
in the Mount Hood Area
SEC. 111. WILD AND SCENIC RIVER DESIGNATIONS, MOUNT HOOD NATIONAL
FOREST.
(a) In General.--Section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) is amended--
(1) by redesignating paragraph (167) (relating to the
Musconetcong River, New Jersey) as paragraph (169);
(2) by designating the undesignated paragraph relating to the
White Salmon River, Washington, as paragraph (167);
(3) by designating the undesignated paragraph relating to the
Black Butte River, California, as paragraph (168); and
(4) by adding at the end the following:
``(170) South fork clackamas river.--The 4.2-mile segment of
the South Fork Clackamas River from its confluence with the
East Fork of the South Fork Clackamas to its confluence with
the Clackamas River, to be administered by the Secretary of
Agriculture as a wild river.
``(171) Eagle creek.--The 8.3-mile segment of Eagle Creek
from its headwaters to the Mount Hood National Forest boundary,
to be administered by the Secretary of Agriculture as a wild
river.
``(172) Middle fork hood river.--The 3.7-mile segment of the
Middle Fork Hood River from the confluence of Clear and Coe
Branches to the north section line of section 11, township 1
south, range 9 east, to be administered by the Secretary of
Agriculture as a scenic river.
``(173) South fork roaring river.--The 4.6-mile segment of
the South Fork Roaring River from its headwaters to its
confluence with Roaring River, to be administered by the
Secretary of Agriculture as a wild river.
``(174) Zig zag river.--The 4.3-mile segment of the Zig Zag
River from its headwaters to the Mount Hood Wilderness
boundary, to be administered by the Secretary of Agriculture as
a wild river.
``(175) Fifteenmile creek.--
``(A) In general.--The 11.1-mile segment of
Fifteenmile Creek from its source at Senecal Spring to
the southern edge of the northwest quarter of the
northwest quarter of section 20, township 2 south,
range 12 east, to be administered by the Secretary of
Agriculture in the following classes:
``(i) the 2.6-mile segment from its source at
Senecal Spring to the Badger Creek Wilderness
boundary, as a wild river;
``(ii) the 0.4-mile segment from the Badger
Creek Wilderness boundary to the point 0.4
miles downstream, as a scenic river;
``(iii) the 7.9-mile segment from the point
0.4 miles downstream of the Badger Creek
Wilderness boundary to the western edge of
section 20, township 2 south, range 12 east as
a wild river; and
``(iv) the 0.2-mile segment from the western
edge of section 20, township 2 south, range 12
east, to the southern edge of the northwest
quarter of the northwest quarter of section 20,
township 2 south, range 12 east as a scenic
river.
``(B) Inclusions.--Notwithstanding section 3(b), the
lateral boundaries of both the wild river area and the
scenic river area along Fifteenmile Creek shall include
an average of not more than 640 acres per mile measured
from the ordinary high water mark on both sides of the
river.
``(176) East fork hood river.--The 13.5-mile segment of the
East Fork Hood River from Oregon State Highway 35 to the Mount
Hood National Forest boundary, to be administered by the
Secretary of Agriculture as a recreational river.
``(177) Collawash river.--The 17.8-mile segment of the
Collawash River from the headwaters of the East Fork Collawash
to the confluence of the mainstream of the Collawash River with
the Clackamas River, to be administered by the Secretary of
Agriculture in the following classes:
``(A) The 11.0-mile segment from the headwaters of
the East Fork Collawash River to Buckeye Creek, as a
scenic river.
``(B) The 6.8-mile segment from Buckeye Creek to the
Clackamas River, as a recreational river.
``(178) Fish creek.--The 13.5-mile segment of Fish Creek from
its headwaters to the confluence with the Clackamas River, to
be administered by the Secretary of Agriculture as a
recreational river.''.
(b) Effect.--The amendments made by subsection (a) do not affect
valid existing water rights.
SEC. 112. PROTECTION FOR HOOD RIVER, OREGON.
Section 13(a)(4) of the ``Columbia River Gorge National Scenic Area
Act'' (16 U.S.C. 544k(a)(4)) is amended by striking ``for a period not
to exceed twenty years from the date of enactment of this Act,''.
Subtitle C--Mount Hood National Recreation Area
SEC. 121. MOUNT HOOD NATIONAL RECREATION AREA.
(a) Designation.--To provide for the protection, preservation, and
enhancement of recreational, ecological, scenic, cultural, watershed,
and fish and wildlife values, there is established the Mount Hood
National Recreation Area within the Mount Hood National Forest.
(b) Boundary.--The Mount Hood National Recreation Area shall consist
of certain Federal land managed by the Forest Service and Bureau of
Land Management, comprising approximately 34,550 acres, as generally
depicted on the maps entitled ``National Recreation Areas-Mount Hood
NRA'', ``National Recreation Areas-Fifteenmile Creek NRA'', and
``National Recreation Areas-Shellrock Mountain'', dated February 2007.
(c) Map and Legal Description.--
(1) Submission of legal description.--As soon as practicable
after the date of enactment of this Act, the Secretary shall
file a map and a legal description of the Mount Hood National
Recreation Area with--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
typographical errors in the map and the legal description.
(3) Public availability.--The map and legal description filed
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Forest Service.
(d) Administration.--
(1) In general.--The Secretary shall--
(A) administer the Mount Hood National Recreation
Area--
(i) in accordance with the laws (including
regulations) and rules applicable to the
National Forest System; and
(ii) consistent with the purposes described
in subsection (a); and
(B) only allow uses of the Mount Hood National
Recreation Area that are consistent with the purposes
described in subsection (a).
(2) Applicable law.--Any portion of a wilderness area
designated by subtitle A that is located within the Mount Hood
National Recreation Area shall be administered in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.).
(e) Timber.--The cutting, sale, or removal of timber within the Mount
Hood National Recreation Area may be permitted--
(1) to the extent necessary to improve the health of the
forest in a manner that--
(A) maximizes the retention of large trees--
(i) as appropriate to the forest type; and
(ii) to the extent that the trees promote
stands that are fire-resilient and healthy;
(B) improves the habitats of threatened, endangered,
or sensitive species; or
(C) maintains or restores the composition and
structure of the ecosystem by reducing the risk of
uncharacteristic wildfire;
(2) to accomplish an approved management activity in
furtherance of the purposes established by this subtitle, if
the cutting, sale, or removal of timber is incidental to the
management activity; or
(3) for de minimus personal or administrative use within the
Mount Hood National Recreation Area, where such use will not
impair the purposes established by this subtitle.
(f) Road Construction.--No new or temporary roads shall be
constructed or reconstructed within the Mount Hood National Recreation
Area except as necessary--
(1) to protect the health and safety of individuals in cases
of an imminent threat of flood, fire, or any other catastrophic
event that, without intervention, would cause the loss of life
or property;
(2) to conduct environmental cleanup required by the United
States;
(3) to allow for the exercise of reserved or outstanding
rights provided for by a statute or treaty;
(4) to prevent irreparable resource damage by an existing
road; or
(5) to rectify a hazardous road condition.
(g) Withdrawal.--Subject to valid existing rights, all Federal land
within the Mount Hood National Recreation Area is withdrawn from--
(1) all forms of entry, appropriation, or disposal under the
public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing.
(h) Transfer of Administrative Jurisdiction.--
(1) In general.--Administrative jurisdiction over the Federal
land described in paragraph (2) is transferred from the Bureau
of Land Management to the Forest Service.
(2) Description of land.--The land referred to in paragraph
(1) is the approximately 130 acres of land administered by the
Bureau of Land Management within or adjacent to the Mount Hood
National Recreation Area that is identified as ``BLM Lands'' on
the map entitled ``National Recreation Areas-Shellrock
Mountain'', dated February 2007.
Subtitle D--Protections for Crystal Springs, Upper Big Bottom, and
Cultus Creek
SEC. 131. CRYSTAL SPRINGS WATERSHED SPECIAL RESOURCES MANAGEMENT UNIT.
(a) Establishment.--
(1) In general.--On completion of the land exchange under
section 202, there shall be established a special resources
management unit in the State consisting of certain Federal land
managed by the Forest Service, as generally depicted on the map
entitled ``Crystal Springs Watershed Special Resources
Management Unit'', dated June 2006 (referred to in this section
as the ``map''), to be known as the ``Crystal Springs Watershed
Special Resources Management Unit'' (referred to in this
section as the ``Management Unit'').
(2) Exclusion of certain land.--The Management Unit does not
include any National Forest System land otherwise covered by
paragraph (1) that is designated as wilderness by subtitle A.
(3) Withdrawal.--
(A) In general.--Subject to valid rights in existence
on the date of enactment of this Act, the Federal land
designated as the Management Unit is withdrawn from all
forms of--
(i) entry, appropriation, or disposal under
the public land laws;
(ii) location, entry, and patent under the
mining laws; and
(iii) disposition under all laws pertaining
to mineral and geothermal leasing or mineral
materials.
(B) Exception.--Subparagraph (A)(i) does not apply to
the parcel of land generally depicted as ``HES 151'' on
the map.
(b) Purposes.--The purposes of the Management Unit are--
(1) to ensure the protection of the quality and quantity of
the Crystal Springs watershed as a clean drinking water source
for the residents of Hood River County, Oregon; and
(2) to allow visitors to enjoy the special scenic, natural,
cultural, and wildlife values of the Crystal Springs watershed.
(c) Map and Legal Description.--
(1) Submission of legal description.--As soon as practicable
after the date of enactment of this Act, the Secretary shall
file a map and a legal description of the Management Unit
with--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
typographical errors in the map and legal description.
(3) Public availability.--The map and legal description filed
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Forest Service.
(d) Administration.--
(1) In general.--The Secretary shall--
(A) administer the Management Unit--
(i) in accordance with the laws (including
regulations) and rules applicable to units of
the National Forest System; and
(ii) consistent with the purposes described
in subsection (b); and
(B) only allow uses of the Management Unit that are
consistent with the purposes described in subsection
(b).
(2) Fuel reduction in proximity to improvements and primary
public roads.--To protect the water quality, water quantity,
and scenic, cultural, natural, and wildlife values of the
Management Unit, the Secretary may conduct fuel reduction and
forest health management treatments to maintain and restore
fire-resilient forest structures containing late successional
forest structure characterized by large trees and multistoried
canopies, as ecologically appropriate, on National Forest
System land in the Management Unit--
(A) in any area located not more than 400 feet from
structures located on--
(i) National Forest System land; or
(ii) private land adjacent to National Forest
System land;
(B) in any area located not more than 400 feet from
the Cooper Spur Road, the Cloud Cap Road, or the Cooper
Spur Ski Area Loop Road; and
(C) on any other National Forest System land in the
Management Unit, with priority given to activities that
restore previously harvested stands, including the
removal of logging slash, smaller diameter material,
and ladder fuels.
(3) Prohibited activities.--Subject to valid existing rights,
the following activities shall be prohibited on National Forest
System land in the Management Unit:
(A) New road construction or renovation of existing
non-System roads, except as necessary to protect public
health and safety.
(B) Projects undertaken for the purpose of harvesting
commercial timber (other than activities relating to
the harvest of merchantable products that are
byproducts of activities conducted to further the
purposes described in subsection (b)).
(C) Commercial livestock grazing.
(D) The placement of new fuel storage tanks.
(E) Except to the extent necessary to further the
purposes described in subsection (b), the application
of any toxic chemicals (other than fire retardants),
including pesticides, rodenticides, or herbicides.
(e) Forest Road Closures.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may provide for the closure or gating to the general
public of any Forest Service road within the Management Unit.
(2) Exception.--Nothing in this section requires the
Secretary to close the road commonly known as ``Cloud Cap
Road'', which shall be administered in accordance with
otherwise applicable law.
(f) Private Land.--
(1) Effect.--Nothing in this section affects the use of, or
access to, any private property within the area identified on
the map as the ``Crystal Springs Zone of Contribution'' by--
(A) the owners of the private property; and
(B) guests to the private property.
(2) Cooperation.--The Secretary is encouraged to work with
private landowners who have agreed to cooperate with the
Secretary to further the purposes of this section.
(g) Acquisition of Land.--
(1) In general.--The Secretary may acquire from willing
landowners any land located within the area identified on the
map as the ``Crystal Springs Zone of Contribution''.
(2) Inclusion in management unit.--On the date of
acquisition, any land acquired under paragraph (1) shall be
incorporated in, and be managed as part of, the Management
Unit.
SEC. 132. PROTECTIONS FOR UPPER BIG BOTTOM AND CULTUS CREEK.
(a) In General.--The Secretary shall manage the Federal land
administered by the Forest Service described in subsection (b) in a
manner that preserves the natural and primitive character of the land
for recreational, scenic, and scientific use.
(b) Description of Land.--The Federal land referred to in subsection
(a) is--
(1) the approximately 1,580 acres, as generally depicted on
the map entitled ``Upper Big Bottom'', dated July 16, 2007; and
(2) the approximately 280 acres identified as ``Cultus
Creek'' on the map entitled ``Clackamas Wilderness-South Fork
Clackamas'', dated July 16, 2007.
(c) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file maps and legal
descriptions of the Federal land described in subsection (b)
with--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
typographical errors in the maps and legal descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(d) Use of Land.--
(1) In general.--Subject to valid existing rights, with
respect to the Federal land described in subsection (b), the
Secretary shall only allow uses that are consistent with the
purposes identified in subsection (a).
(2) Prohibited uses.--The following shall be prohibited on
the Federal land described in subsection (b):
(A) Permanent roads.
(B) Commercial enterprises.
(C) Except as necessary to meet the minimum
requirements for the administration of the Federal land
and to protect public health and safety--
(i) the use of motor vehicles; or
(ii) the establishment of temporary roads.
(e) Withdrawal.--Subject to valid existing rights, the Federal land
described in subsection (b) is withdrawn from--
(1) all forms of entry, appropriation, or disposal under the
public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing.
TITLE II--LAND EXCHANGES
Subtitle A--Cooper Spur-Government Camp Land Exchange
SEC. 201. DEFINITIONS.
In this subtitle:
(1) County.--The term ``County'' means Hood River County,
Oregon.
(2) Exchange map.--The term ``exchange map'' means the map
entitled ``Cooper Spur/Government Camp Land Exchange'', dated
June 2006.
(3) Federal land.--The term ``Federal land'' means the
approximately 120 acres of National Forest System land in the
Mount Hood National Forest in Government Camp, Clackamas
County, Oregon, identified as ``USFS Land to be Conveyed'' on
the exchange map.
(4) Mt. hood meadows.--The term ``Mt. Hood Meadows'' means
the Mt. Hood Meadows Oregon, Limited Partnership.
(5) Non-federal land.--The term ``non-Federal land'' means--
(A) the parcel of approximately 770 acres of private
land at Cooper Spur identified as ``Land to be acquired
by USFS'' on the exchange map; and
(B) any buildings, furniture, fixtures, and equipment
at the Inn at Cooper Spur and the Cooper Spur Ski Area
covered by an appraisal described in section 202(d).
SEC. 202. COOPER SPUR-GOVERNMENT CAMP LAND EXCHANGE.
(a) Conveyance of Land.--Subject to the provisions of this section,
if Mt. Hood Meadows offers to convey to the United States all right,
title, and interest of Mt. Hood Meadows in and to the non-Federal land,
the Secretary shall convey to Mt. Hood Meadows all right, title, and
interest of the United States in and to the Federal land (other than
any easements reserved under subsection (g)), subject to valid existing
rights.
(b) Compliance With Existing Law.--Except as otherwise provided in
this section, the Secretary shall carry out the land exchange under
this section in accordance with section 206 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716).
(c) Conditions on Acceptance.--
(1) Title.--As a condition of the land exchange under this
section, title to the non-Federal land to be acquired by the
Secretary under this section shall be acceptable to the
Secretary.
(2) Terms and conditions.--The conveyance of the Federal land
and non-Federal land shall be subject to such terms and
conditions as the Secretary may require.
(d) Appraisals.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary and Mt. Hood Meadows shall
select an appraiser to conduct an appraisal of the Federal land
and non-Federal land.
(2) Requirements.--An appraisal under paragraph (1) shall be
conducted in accordance with nationally recognized appraisal
standards, including--
(A) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(e) Surveys.--
(1) In general.--The exact acreage and legal description of
the Federal land and non-Federal land shall be determined by
surveys approved by the Secretary.
(2) Costs.--The responsibility for the costs of any surveys
conducted under paragraph (1), and any other administrative
costs of carrying out the land exchange, shall be determined by
the Secretary and Mt. Hood Meadows.
(f) Deadline for Completion of Land Exchange.--It is the intent of
Congress that the land exchange under this section shall be completed
not later than 16 months after the date of enactment of this Act.
(g) Reservation of Easements.--As a condition of the conveyance of
the Federal land, the Secretary shall reserve--
(1) a conservation easement to the Federal land to protect
existing wetland, as identified by the Oregon Department of
State Lands, that allows equivalent wetland mitigation measures
to compensate for minor wetland encroachments necessary for the
orderly development of the Federal land; and
(2) a trail easement to the Federal land that allows--
(A) nonmotorized use by the public of existing
trails;
(B) roads, utilities, and infrastructure facilities
to cross the trails; and
(C) improvement or relocation of the trails to
accommodate development of the Federal land.
Subtitle B--Port of Cascade Locks Land Exchange
SEC. 211. DEFINITIONS.
In this subtitle:
(1) Exchange map.--The term ``exchange map'' means the map
entitled ``Port of Cascade Locks/Pacific Crest National Scenic
Trail Land Exchange'', dated June 2006.
(2) Federal land.--The term ``Federal land'' means the parcel
of land consisting of approximately 10 acres of National Forest
System land in the Columbia River Gorge National Scenic Area
identified as ``USFS Land to be conveyed'' on the exchange map.
(3) Non-federal land.--The term ``non-Federal land'' means
the parcels of land consisting of approximately 40 acres
identified as ``Land to be acquired by USFS'' on the exchange
map.
(4) Port.--The term ``Port'' means the Port of Cascade Locks,
Cascade Locks, Oregon.
SEC. 212. LAND EXCHANGE, PORT OF CASCADE LOCKS-PACIFIC CREST NATIONAL
SCENIC TRAIL.
(a) Conveyance of Land.--Subject to the provisions of this section,
if the Port offers to convey to the United States all right, title, and
interest of the Port in and to the non-Federal land, the Secretary
shall, subject to valid existing rights, convey to the Port all right,
title, and interest of the United States in and to the Federal land.
(b) Compliance With Existing Law.--Except as otherwise provided in
this section, the Secretary shall carry out the land exchange under
this section in accordance with section 206 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716).
(c) Conditions on Acceptance.--
(1) Title.--As a condition of the land exchange under this
section, title to the non-Federal land to be acquired by the
Secretary under this section shall be acceptable to the
Secretary.
(2) Terms and conditions.--The conveyance of the Federal land
and non-Federal land shall be subject to such terms and
conditions as the Secretary may require.
(d) Appraisals.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall select an appraiser
to conduct an appraisal of the Federal land and non-Federal
land.
(2) Requirements.--An appraisal under paragraph (1) shall be
conducted in accordance with nationally recognized appraisal
standards, including--
(A) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(e) Surveys.--
(1) In general.--The exact acreage and legal description of
the Federal land and non-Federal land shall be determined by
surveys approved by the Secretary.
(2) Costs.--The responsibility for the costs of any surveys
conducted under paragraph (1), and any other administrative
costs of carrying out the land exchange, shall be determined by
the Secretary and the Port.
(f) Deadline for Completion of Land Exchange.--It is the intent of
Congress that the land exchange under this section shall be completed
not later than 16 months after the date of enactment of this Act.
Subtitle C--Hunchback Mountain Land Exchange and Boundary Adjustment
SEC. 221. DEFINITIONS.
In this subtitle:
(1) County.--The term ``County'' means Clackamas County,
Oregon.
(2) Exchange map.--The term ``exchange map'' means the map
entitled ``Hunchback Mountain Land Exchange, Clackamas
County'', dated June 2006.
(3) Federal land.--The term ``Federal land'' means the parcel
of land consisting of approximately 160 acres of National
Forest System land in the Mount Hood National Forest identified
as ``USFS Land to be Conveyed'' on the exchange map.
(4) Non-federal land.--The term ``non-Federal land'' means
the parcel of land consisting of approximately 160 acres
identified as ``Land to be acquired by USFS'' on the exchange
map.
SEC. 222. HUNCHBACK MOUNTAIN LAND EXCHANGE.
(a) Conveyance of Land.--Subject to the provisions of this section,
if the County offers to convey to the United States all right, title,
and interest of the County in and to the non-Federal land, the
Secretary shall, subject to valid existing rights, convey to the County
all right, title, and interest of the United States in and to the
Federal land.
(b) Compliance With Existing Law.--Except as otherwise provided in
this section, the Secretary shall carry out the land exchange under
this section in accordance with section 206 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716).
(c) Conditions on Acceptance.--
(1) Title.--As a condition of the land exchange under this
section, title to the non-Federal land to be acquired by the
Secretary under this section shall be acceptable to the
Secretary.
(2) Terms and conditions.--The conveyance of the Federal land
and non-Federal land shall be subject to such terms and
conditions as the Secretary may require.
(d) Appraisals.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall select an appraiser
to conduct an appraisal of the Federal land and non-Federal
land.
(2) Requirements.--An appraisal under paragraph (1) shall be
conducted in accordance with nationally recognized appraisal
standards, including--
(A) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(e) Surveys.--
(1) In general.--The exact acreage and legal description of
the Federal land and non-Federal land shall be determined by
surveys approved by the Secretary.
(2) Costs.--The responsibility for the costs of any surveys
conducted under paragraph (1), and any other administrative
costs of carrying out the land exchange, shall be determined by
the Secretary and the County.
(f) Deadline for Completion of Land Exchange.--It is the intent of
Congress that the land exchange under this section shall be completed
not later than 16 months after the date of enactment of this Act.
SEC. 223. BOUNDARY ADJUSTMENT.
(a) In General.--The boundary of the Mount Hood National Forest shall
be adjusted to incorporate--
(1) any land conveyed to the United States under section 222;
and
(2) the land transferred to the Forest Service by section
121(h)(1).
(b) Additions to the National Forest System.--The Secretary shall
administer the land described in subsection (a)--
(1) in accordance with--
(A) the Act of March 1, 1911 (commonly known as the
``Weeks Law'') (16 U.S.C. 480 et seq.); and
(B) any laws (including regulations) applicable to
the National Forest System; and
(2) subject to sections 103(c) and 121(d), as applicable.
(c) Land and Water Conservation Fund.--For the purposes of section 7
of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9),
the boundaries of the Mount Hood National Forest modified by this Act
shall be considered to be the boundaries of the Mount Hood National
Forest in existence as of January 1, 1965.
Subtitle D--Conditions on Development of Federal Land
SEC. 231. IMPROVED NATURAL DISASTER PREPAREDNESS.
(a) Requirements Applicable to the Conveyance of Federal Land.--
(1) In general.--As a condition of each of the conveyances of
Federal land under this title, the Secretary shall include in
the deed of conveyance a requirement that applicable
construction activities and alterations shall be conducted in
accordance with--
(A) nationally recognized building and property
maintenance codes; and
(B) nationally recognized codes for development in
the wildland-urban interface and wildfire hazard
mitigation.
(2) Applicable law.--To the maximum extent practicable, the
codes required under paragraph (1) shall be consistent with the
nationally recognized codes adopted or referenced by the State
or political subdivisions of the State.
(3) Enforcement.--The requirements under paragraph (1) may be
enforced by the same entities otherwise enforcing codes,
ordinances, and standards.
(b) Compliance With Codes on Federal Land.--The Secretary shall
ensure that applicable construction activities and alterations
undertaken or permitted by the Secretary on National Forest System land
in the Mount Hood National Forest are conducted in accordance with--
(1) nationally recognized building and property maintenance
codes; and
(2) nationally recognized codes for development in the
wildland-urban interface development and wildfire hazard
mitigation.
(c) Effect on Enforcement by States and Political Subdivisions.--
Nothing in this section alters or limits the power of the State or a
political subdivision of the State to implement or enforce any law
(including regulations), rule, or standard relating to development or
fire prevention and control.
TITLE III--TRIBAL PROVISIONS; PLANNING AND STUDIES
SEC. 301. TRANSPORTATION PLAN.
(a) In General.--The Secretary shall seek to participate in the
development of an integrated, multimodal transportation plan developed
by the Oregon Department of Transportation for the Mount Hood region to
achieve comprehensive solutions to transportation challenges in the
Mount Hood region--
(1) to promote appropriate economic development;
(2) to preserve the landscape of the Mount Hood region; and
(3) to enhance public safety.
(b) Issues To Be Addressed.--In participating in the development of
the transportation plan under subsection (a), the Secretary shall seek
to address--
(1) transportation alternatives between and among recreation
areas and gateway communities that are located within the Mount
Hood region;
(2) establishing park-and-ride facilities that shall be
located at gateway communities;
(3) establishing intermodal transportation centers to link
public transportation, parking, and recreation destinations;
(4) creating a new interchange on Oregon State Highway 26
located adjacent to or within Government Camp;
(5) designating, maintaining, and improving alternative
routes using Forest Service or State roads for--
(A) providing emergency routes; or
(B) improving access to, and travel within, the Mount
Hood region;
(6) the feasibility of establishing--
(A) a gondola connection that--
(i) connects Timberline Lodge to Government
Camp; and
(ii) is located in close proximity to the
site of the historic gondola corridor; and
(B) an intermodal transportation center to be located
in close proximity to Government Camp;
(7) burying power lines located in, or adjacent to, the Mount
Hood National Forest along Interstate 84 near the City of
Cascade Locks, Oregon; and
(8) creating mechanisms for funding the implementation of the
transportation plan under subsection (a), including--
(A) funds provided by the Federal Government;
(B) public-private partnerships;
(C) incremental tax financing; and
(D) other financing tools that link transportation
infrastructure improvements with development.
SEC. 302. MOUNT HOOD NATIONAL FOREST STEWARDSHIP STRATEGY.
(a) In General.--The Secretary shall prepare a report on, and
implementation schedule for, the vegetation management strategy
(including recommendations for biomass utilization) for the Mount Hood
National Forest being developed by the Forest Service.
(b) Submission to Congress.--
(1) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit the report
to--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Implementation schedule.--Not later than 1 year after the
date on which the vegetation management strategy referred to in
subsection (a) is completed, the Secretary shall submit the
implementation schedule to--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
SEC. 303. LOCAL AND TRIBAL RELATIONSHIPS.
(a) Management Plan.--
(1) In general.--The Secretary, in consultation with Indian
tribes with treaty-reserved gathering rights on land
encompassed by the Mount Hood National Forest and in a manner
consistent with the memorandum of understanding entered into
between the Department of Agriculture, the Bureau of Land
Management, the Bureau of Indian Affairs, and the Confederated
Tribes of the Warm Springs Reservation of Oregon, dated April
25, 2003, as modified, shall develop and implement a management
plan that meets the cultural foods obligations of the United
States under applicable treaties, including the Treaty with the
Tribes of Middle Oregon of June 25, 1855 (12 Stat. 963).
(2) Effect.--This subsection shall be considered to be
consistent with, and is intended to implement, the gathering
rights reserved by the treaty described in paragraph (1).
(b) Savings Provisions Regarding Relations With Indian Tribes.--
(1) Treaty rights.--Nothing in this Act alters, modifies,
enlarges, diminishes, or extinguishes the treaty rights of any
Indian tribe, including the off-reservation reserved rights
established by the Treaty with the Tribes of Middle Oregon of
June 25, 1855 (12 Stat. 963).
(2) Tribal land.--Nothing in this Act affects land held in
trust by the Secretary of the Interior for Indian tribes or
individual members of Indian tribes or other land acquired by
the Army Corps of Engineers and administered by the Secretary
of the Interior for the benefit of Indian tribes and individual
members of Indian tribes.
SEC. 304. RECREATIONAL USES.
(a) Mount Hood National Forest Recreational Working Group.--The
Secretary may establish a working group for the purpose of providing
advice and recommendations to the Forest Service on planning and
implementing recreation enhancements in the Mount Hood National Forest.
(b) Consideration of Conversion of Forest Roads to Recreational
Uses.--In considering a Forest Service road in the Mount Hood National
Forest for possible closure and decommissioning after the date of
enactment of this Act, the Secretary, in accordance with applicable
law, shall consider, as an alternative to decommissioning the road,
converting the road to recreational uses to enhance recreational
opportunities in the Mount Hood National Forest.
(c) Improved Trail Access for Persons With Disabilities.--The
Secretary, in consultation with the public, may design and construct a
trail at a location selected by the Secretary in Mount Hood National
Forest suitable for use by persons with disabilities.
Purpose of the Measure
The purpose of S. 647, as ordered reported, is to designate
certain land on Mount Hood, Oregon, as wilderness, to designate
certain rivers as components of the National Wild and Scenic
Rivers System, to designate the Mount Hood National Recreation
Area, and to otherwise improve Federal land management in and
around the Mount Hood National Forest.
Background and Need
Mount Hood is the tallest mountain in the State of Oregon,
rising 11,239 feet above sea level. The Mount Hood National
Forest encompasses more than one million acres of Mount Hood.
The Mount Hood National Forest hosts more than four million
visitors annually, with well-over 100,000 visitors to the
approximately 130,000 acres of existing wilderness on Mount
Hood each year.
The heavy visitation to Mount Hood's wilderness areas led
to proposed restrictions by the Forest Service in the late
1990s, but that proposal was met with major public concerns.
Visitation and the pressures of local growth have only
increased since then, leading to efforts to protect more land
on Mount Hood for wilderness recreation and to otherwise
address recreation issues in the Mount Hood region. S. 647
would designate approximately 124,240 acres of wilderness, a
National Recreation Area composed of approximately 34,550
acres, and approximately 81 miles of rivers as wild, scenic and
recreational components of the National Wild and Scenic Rivers
System. The bill also authorizes three land exchanges and
includes other provisions.
Legislative History
Senators Wyden and Smith introduced S. 647 on February 15,
2007, and a hearing was held on the measure in the Public Lands
and Forests Subcommittee on May 3, 2007 (S. Hrg. 110-91). The
Senators introduced a similar bill (S. 3854) in the 109th
Congress, and the subcommittee held a hearing on that bill on
September 27, 2006 (S. Hrg. 109-778). A similar bill passed by
the House of Representatives (H.R. 5025), introduced by
Representatives Walden, Blumenauer, DeFazio, and Hooley, also
was considered at that hearing.
At its business meeting on July 25, 2007, the Committee on
Energy and Natural Resources ordered S. 647 favorably reported,
with an amendment in the nature of a substitute.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in an
open business session on July 25, 2007, by voice vote of a
quorum present, recommends that the Senate pass S. 647, if
amended as described herein.
Committee Amendment
During its consideration of S. 647, the Committee adopted
an amendment in the nature of a substitute. The amendment
reorganizes S. 647 into three titles: ``Protected Areas''
(title I), ``Land Exchanges'' (title II), and ``Tribal
Provisions; Planning and Studies'' (title III). The Committee
made a number of technical, conforming, and other changes,
including numerous adjustments to the boundaries of the
wilderness areas to provide more manageable boundaries and to
enhance the overall wilderness character of the proposed
wildernesses. The Committee also revised the provisions of the
proposed land exchanges to address a number of concerns raised
by the Administration and to conform with standard processes,
including provisions requiring appraisals to be conducted in
accordance with uniform standards. The provisions of the
substitute are described in more detail in the section-by-
section analysis.
Section-by-Section Analysis
Section 1 contains the short title and the table of
contents.
Title I--Protected Areas
Section 101 designates approximately 124,240 acres of land
managed by the Forest Service within the Mount Hood National
Forest as components of the National Wilderness Preservation
System. The sponsors and the Committee have worked closely with
the Forest Service to develop wilderness boundaries that, in
most cases, coincide with jurisdictional or land-management
boundaries or geographic features and to create maps that
generally depict those boundaries. Section 104 of the
legislation directs the Secretary to develop maps and legal
descriptions that more precisely describe each area, consistent
with the understanding reflected in the maps referred to in
section 101.
The areas to be designated include:
(1) approximately 4,140 acres to be added to the
Badger Creek Wilderness;
(2) approximately 10,180 acres to be added to the
Bull of the Woods Wilderness;
(3) approximately 9,470 acres to be known as the
Clackamas Wilderness;
(4) approximately 25,960 acres to be added to the
Mark O. Hatfield Wilderness;
(5) approximately 18,450 acres to be added to the
Mount Hood Wilderness;
(6) approximately 36,550 acres to be known as the
Roaring River Wilderness;
(7) approximately 16,620 acres to be added to the
Salmon-Huckleberry Wilderness; and
(8) approximately 2,870 acres to be known as the
Lower White River Wilderness.
Section 102 establishes an area composed of approximately
1,886 acres within the Mount Hood Wilderness to be known as the
``Richard L. Kohnstamm Memorial Area.'' The designation
recognizes Mr. Kohnstamm's historic contributions to the area,
including preserving and restoring the adjacent Timberline
Lodge and promoting alpine recreation.
Section 103(a) designates as a potential wilderness area
approximately 900 acres of Forest Service land that has been
altered by human influences relating to timber harvests. The
potential wilderness area shall be managed in accordance with
section 4 of the Wilderness Act until such time as the
Secretary publishes a notice that the conditions in the
potential wilderness area are compatible with designation as a
component of the National Wilderness Preservation System. At
that time, the area will be incorporated into the Roaring River
Wilderness designated by section 101(6).
Subsection (b) provides for the designation as wilderness
of approximately 1,710 acres that are interrelated with the
land exchange under section 202. The designation shall occur
upon the completion of the land exchange.
Subsection (c) provides for approximately 160 acres that
are interrelated with the land exchange under section 222 to be
designated as wilderness upon acquisition by the United States.
Section 104 directs the Secretary to file an official map
and legal description of each wilderness and potential
wilderness area designated by title I with the appropriate
congressional committees and agency offices. Subsection (d)
provides that the boundary of any wilderness area designated by
section 101 shall be 100 feet from the boundary of any utility
right-of-way or Federal Energy Regulatory Commission project.
Section 105(a) directs the Secretary of Agriculture (for
National Forest System lands) and the Secretary of the Interior
(for BLM-administered lands) to administer the wilderness areas
designated pursuant to title I in accordance with the
Wilderness Act, subject to valid existing rights.
Subsection (b) provides that any land within the boundary
of a wilderness area designated by this Act that is acquired by
the Federal Government shall become part of that wilderness
area and be administered in accordance with the Wilderness Act.
Section 106 incorporates language from the Oregon
Wilderness Act of 1984 (Public Law 98-328) regarding activities
and uses outside of the boundaries of the wilderness areas
designated by title I.
Section 107 states that nothing in this Act affects the
jurisdiction or responsibilities of the State of Oregon with
respect to fish and wildlife.
Section 108 states that the Secretary of Agriculture (for
National Forest System lands) and the Secretary of the Interior
(for BLM-administered lands) may, in accordance with the
Wilderness Act, take such measures in the wilderness areas
designated by this Act as are necessary to control fire,
insects, and diseases.
Section 109 withdraws, subject to valid existing rights,
the Federal land designated as wilderness from entry,
appropriation, or disposal under the public land laws; from
location, entry, and patent under the mining laws; and from
disposition under all laws pertaining to mineral and geothermal
leasing or mineral materials.
Section 111 designates approximately 81 miles of rivers as
wild, scenic, or recreational river components of the Wild and
Scenic Rivers System. The designations include portions of the
South Fork Clackamas River (approximately 4.2 miles as a wild
river), Eagle Creek (approximately 8.3 miles as a wild river),
the Middle Fork Hood River (approximately 3.7 miles as a scenic
river), the South Fork Roaring River (approximately 4.6 miles
as a wild river), the Zig Zag River (approximately 4.3 miles as
a wild river), Fifteenmile Creek (approximately 11.1 miles in
wild and scenic river segments), the East Fork Hood River
(approximately 13.5 miles as a recreational river), the
Collawash River (approximately 17.8 miles in scenic and
recreational river segments), and Fish Creek (approximately
13.5 miles as a recreational river). Subsection (b) states that
the designation of the rivers does not affect valid existing
water rights.
Section 112 amends the Columbia River Gorge National Scenic
Area Act (Public Law 99-663) to make the protections of that
Act for the Hood River, Oregon, permanent.
Section 121 designates approximately 34,550 acres of the
Mount Hood National Forest as the Mount Hood National
Recreation Area (hereinafter ``NRA'').
Subsection (a) states the purposes of the NRA.
Subsection (b) describes the NRA as the three parcels that
are generally depicted on the referenced maps.
Subsection (c) directs the Secretary to file an official
map and legal description of the NRA with the appropriate
congressional committees and offices of the Forest Service.
Subsection (d) directs the Secretary to administer the NRA
consistent with the purposes established by subsection (a) and
in accordance with applicable law, and prohibits the Secretary
from allowing uses that are not consistent with those purposes.
Paragraph (2) provides that land designated as wilderness that
is within the NRA shall be administered in accordance with the
Wilderness Act, clarifying that any activities prohibited by
the Wilderness Act are prohibited in such areas even if they
otherwise could be authorized within the NRA.
Subsection (e) limits the cutting, sale, and removal of
timber within the NRA. Timber may be cut, sold, and removed to
the extent doing so is necessary to improve the health of the
forest, if incidental to management activities designed to
further the purposes of the NRA, or for de minimus personal use
within the NRA that does not impair the purposes of the NRA.
Subsection (f) prohibits the construction or reconstruction
of new or temporary roads within the NRA, except as necessary
to protect against imminent threats to public health and
safety, to conduct environmental cleanup of hazardous and other
wastes (as required by the United States), to allow for the
exercise of statutory or treaty rights, to prevent irreparable
resource damage by an existing road, or to rectify a hazardous
road condition.
Subsection (g) withdraws, subject to valid existing rights,
all Federal land within the NRA from entry, appropriation, or
disposal under the public land laws; from location, entry, and
patent under the mining laws; and from disposition under all
laws pertaining to mineral and geothermal leasing or mineral
materials.
Subsection (h) transfers administrative jurisdiction over
two parcels of Federal land totaling approximately 130 acres
from the Bureau of Land Management to the Forest Service.
Section 131 establishes, upon completion of the land
exchange under section 202, the Crystal Springs Watershed
Special Resources Management Unit (hereinafter ``Management
Unit'').
Subsection (a) describes the Management Unit as the Forest
Service land generally depicted on the referenced map, not
including any land designated as wilderness. Paragraph (3)
withdraws, subject to valid existing rights, the Federal land
in the Management Unit (including land within the Management
Unit that is acquired by the Forest Service pursuant to the
land exchange under section 202) from entry, appropriation, or
disposal under the public land laws (except for the parcel
generally depicted on the map as HES 151); from location,
entry, and patent under the mining laws; and from disposition
under all laws pertaining to mineral and geothermal leasing or
mineral materials. In order retain flexibility in developing
the terms and conditions of the land exchange with Mt. Hood
Meadows, the provision does not prohibit the Forest Service
from disposing of parcel HES 151, if done so in accordance with
applicable law (including this section).
Subsection (b) establishes the purposes of the Management
Unit, which are to protect water quality and quantity and to
allow visitors to enjoy its scenic, natural, cultural, and
wildlife values.
Subsection (c) directs the Secretary to file an official
map and legal description of the NRA with the appropriate
congressional committees and offices of the Forest Service.
Subsection (d)(1) directs the Secretary to administer the
Management Unit consistent with the purposes established by
subsection (b) and in accordance with applicable law, and
prohibits the Secretary from allowing uses that are not
consistent with those purposes. Paragraph (2) clarifies that
the Secretary may conduct certain fuel reduction and forest
health management treatments in furtherance of the purposes of
the Management Unit. Paragraph (3) prohibits, subject to valid
existing rights, certain activities, including commercial
livestock grazing and the placement of new fuel storage tanks.
In addition, new road construction, renovation of existing non-
system roads, commercial timber harvest, and the application of
toxic chemicals are generally prohibited, though in each case
there are specific extraordinary circumstances under which such
activities may be permitted.
Subsection (e) recognizes that it may be appropriate for
the Secretary to close roads within the Management Unit to
further the Management Unit's purposes. It also provides an
exception for any decision to close Cloud Cap Road, which must
be based on otherwise applicable law.
Subsection (f) provides that nothing in this section
affects the use of or access to any private property within the
area identified on the map as the Crystal Springs Zone of
Contribution by the properties' owners and guests. It also
encourages the Secretary to work cooperatively with owners to
further the purposes of the Management Unit.
Subsection (g) provides authority for the Secretary to
acquire land within the Zone of Contribution depicted on the
map and clarifies that any such land shall be incorporated in
and administered as part of the Management Unit.
Section 132 establishes protections for two areas in the
Mount Hood National Forest.
Subsection (a) directs the Secretary to manage the two
areas to preserve the natural and primitive character of the
land for recreational, scenic, and scientific use.
Subsection (b) describes the areas, one of which is
approximately 1,580 acres and one of which is approximately 280
acres, as generally depicted on the referenced maps.
Subsection (c) directs the Secretary to file an official
map and legal description for each area with the appropriate
congressional committees and offices of the Forest Service.
Subsection (d) provides that the Secretary may only allow
uses within the areas that are consistent with the purposes
described in subsection (a). It also specifically prohibits
permanent roads, commercial enterprises, and--except as
necessary to meet the minimum requirements for the
administration of the areas and to protect public health and
safety--the use of motor vehicles and temporary roads.
Subsection (e) withdraws, subject to valid existing rights,
the areas from entry, appropriation, or disposal under the
public land laws; from location, entry, and patent under the
mining laws; and from disposition under all laws pertaining to
mineral and geothermal leasing or mineral materials.
Title II--Land Exchanges
Section 201 provides the definitions of terms used in
section 202 regarding the Cooper Spur-Government Camp Land
Exchange. The definitions establish that the private land
identified for exchange includes approximately 770 acres at
Cooper Spur (along with any buildings, furniture, fixtures, and
equipment that are appraised) and that the Forest Service land
identified for exchange includes approximately 120 acres in
Government Camp. Both parcels are generally depicted on the map
referred to in paragraph (2).
Section 202 provides basic direction for the exchange
between the Forest Service and Mt. Hood Meadows. The
Administration raised a number of concerns in its testimony
regarding requirements for this exchange that were included in
S. 647 as introduced. The amendment adopted by the Committee
made a number of changes to the bill to address those concerns,
including clarifying that the exchange be conducted in
accordance with standard practices and deleting a number of
objectionable requirements. The Committee understands that Mt.
Hood Meadows and many others in the Mount Hood community have
worked for many years on this land exchange and that they are
anxious to realize the benefits it would provide. In
recognition of the communities' interests in the exchange, the
Committee urges the Forest Service not only to work closely
with Mt. Hood Meadows in carrying out the exchange, but also
with other interested stakeholders.
Subsection (a) states that, subject to the other provisions
of this section, if Mt. Hood Meadows offers to convey all of
its right, title, and interest to certain land it owns in the
Cooper Spur Area, the Secretary shall convey certain Forest
Service land in Government Camp. It also specifies that the
conveyance of the Forest Service land shall be subject to any
valid existing rights.
Subsection (b) states that the Secretary shall carry out
the exchange in accordance with section 206 of the Federal Land
Policy and Management Act (43 U.S.C. 1716), except as otherwise
provided in this section. For example, section 206 of that Act
includes provisions that govern equalization of values,
determination of costs, and the status of acquired lands.
Subsection (c) provides that the title to the private land
must be in a form acceptable to the Secretary and establishes
that the exchange is subject to such terms and conditions as
the Secretary may require.
Subsection (d) provides that an appraiser shall be selected
by the Secretary and Mt. Hood Meadows as soon as practical
after the date of enactment of this Act. It also requires the
appraisals to be conducted in accordance with uniform standards
and practices.
Subsection (e) provides that the exact acreage and legal
descriptions of the lands to be exchanged shall be determined
by surveys approved by the Secretary, and that the costs of
carrying out the exchange shall be determined by the Secretary
and Mt. Hood Meadows.
Subsection (f) states that it is the intent of Congress
that the exchange be completed within 16 months of the date of
enactment of this Act. The Committee considered the
Administration's testimony that it views this timeframe as
unachievable given procedural requirements and competing
priorities. The Committee, however, believes the timeframe is
reasonable and achievable, and accordingly has retained the
statement of congressional intent. The Committee deleted an
entire section regarding concessions to facilitate and simplify
the process. The Committee also understands that Mt. Hood
Meadows is willing to begin the land exchange process while S.
647 is pending in Congress, and the Committee encourages the
Forest Service to do so in order to facilitate the timely
completion of the land exchange.
Subsection (g) directs the Secretary to reserve a
conservation easement to the Forest Service land to protect
existing wetlands, as well as a trail easement.
Section 211 provides the definitions of terms used in
section 212 regarding the Port of Cascade Locks land exchange.
The definitions establish that the private land identified for
exchange includes two parcels totaling approximately 40 acres
of land near Cascade Locks and that the Forest Service land
identified for exchange includes approximately 10 acres of land
in Cascade Locks. Both parcels are generally depicted on the
map referred to in paragraph (1).
Section 212 provides basic direction for the exchange of
lands and interests in lands between the Forest Service and the
Port of Cascade Locks.
Subsection (a) states that, subject to the other provisions
of this section, if the Port of Cascade Locks offers to convey
all of its right, title, and interest to certain land it owns,
the Secretary shall convey certain Forest Service land in
Cascade Locks. It also specifies that the conveyance of the
Forest Service land shall be subject to any valid existing
rights.
Subsection (b) states that the Secretary shall carry out
the exchange in accordance with section 206 of the Federal Land
Policy and Management Act (43 U.S.C. 1716), except as otherwise
provided in this section.
Subsection (c) provides that the title to the private land
must be in a form acceptable to the Secretary and establishes
that the exchange is subject to such terms and conditions as
the Secretary may require.
Subsection (d) provides that an appraiser shall be selected
by the Secretary as soon as practical after the date of
enactment of this Act. It also requires the appraisals to be
conducted in accordance with uniform standards and practices.
Subsection (e) provides that the exact acreage and legal
descriptions of the lands to be exchanged shall be determined
by surveys approved by the Secretary, and that the costs of
carrying out the exchange shall be determined by the Secretary
and the Port of Cascade Locks.
Subsection (f) states that it is the intent of Congress
that the exchange be completed within 16 months of the date of
enactment of this Act.
Section 221 provides the definitions of terms used in
section 222 regarding the Hunchback Mountain land exchange. The
definitions establish that the private land identified for
exchange includes approximately 160 acres of land and that the
Forest Service land identified for exchange includes
approximately 160 acres of land. Both parcels are generally
depicted on the map referred to in paragraph (2).
Section 222 provides basic direction for the exchange of
lands and interests in lands between the Forest Service and the
Clackamas County.
Subsection (a) states that, subject to the other provisions
of this section, if Clackamas County offers to convey all of
its right, title, and interest to certain land it owns, the
Secretary shall convey certain Forest Service land. It also
specifies that the conveyance of the Forest Service land shall
be subject to any valid existing rights.
Subsection (b) states that the Secretary shall carry out
the exchange in accordance with section 206 of the Federal Land
Policy and Management Act (43 U.S.C. 1716), except as otherwise
provided in this section.
Subsection (c) provides that the title to the private land
must be in a form acceptable to the Secretary and establishes
that the exchange is subject to such terms and conditions as
the Secretary may require.
Subsection (d) provides that an appraiser shall be selected
by the Secretary as soon as practical after the date of
enactment of this Act. It also requires the appraisals to be
conducted in accordance with uniform standards and practices.
Subsection (e) provides that the exact acreage and legal
descriptions of the lands to be exchanged shall be determined
by surveys approved by the Secretary, and that the costs of
carrying out the exchange shall be determined by the Secretary
and Clackamas County.
Subsection (f) states that it is the intent of Congress
that the exchange be completed within 16 months of the date of
enactment of this Act.
Section 223 adjusts the boundaries of the Mount Hood
National Forest to incorporate the land acquired pursuant to
section 222 and the land transferred pursuant to section
121(h)(1). It also directs the Secretary to administer those
lands in accordance with applicable law (which in the case of
the land acquired pursuant to section 222 includes the
Wilderness Act and in the case of most of the land transferred
pursuant to section 121 includes provisions governing the Mount
Hood National Recreation Area). It also states that the
modified boundaries of the Mount Hood National Forest shall be
considered to be the boundaries in existence as of January 1,
1965, for purposes of section 7 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-9).
Section 231 provides for the application of nationally
recognized building, property maintenance, and wildfire codes
to development and alterations on certain Federal land and land
conveyed by the Forest Service.
Subsection (a) directs the Secretary to include in the
deeds of conveyance for Federal land involved in the land
exchanges under title II a requirement that applicable
construction activities and alterations be conducted in
accordance with such codes. It also states that, to the maximum
extent practicable, the codes should be adapted to be
consistent with any State or local adaptations of those codes.
Adaptations that do not maintain the codes' integrity and
general effectiveness would not be practicable. Paragraph (3)
makes clear that the codes required under this subsection may
be enforced by the appropriate State or local entities.
Subsection (b) requires the Secretary to ensure that future
construction and alterations on National Forest System land in
the Mount Hood National Forest comply with such codes.
Subsection (c) makes clear that nothing in this section
alters the powers of State or local governments.
Section 301 states that, if the Oregon Department of
Transportation undertakes to develop a multimodel
transportation plan for the Mount Hood region, the Secretary
shall seek to participate in its development, and lists a
number of issues that the Secretary shall seek to address in
the development of any such plan.
Section 302 requires the Secretary to submit to the
appropriate congressional committees a report on and
implementation schedule for the vegetation management strategy
that the Forest Service currently is developing. The initial
report is to be filed not later that 1 year after the date of
enactment of this Act, and the implementation schedule is to be
filed not later than 1 year after the strategy is complete.
Section 303(a) directs the Secretary to develop a plan, in
consultation with Indian Tribes with treaty-reserved gathering
rights on lands within the Mount Hood National Forest, to
implement the cultural foods obligations of the United States
under applicable treaties. Paragraph (2) is intended to ensure
that the Secretary designs and carries out the cultural foods
management plan in a manner that is consistent with, or
conforms with, the gathering rights on the designated lands
reserved by the Treaty with the Tribes of Middle Oregon of June
25, 1855, and that furthers the United States' on-going
implementation of that Treaty.
Subsection (b) reinforces that nothing in this Act in any
way alters the Tribes' treaty rights or affects land held in
trust.
Section 304(a) recognizes the Secretary's authority to
establish a working group to advise the Forest Service on
planning and implementing recreation enhancements for the Mount
Hood National Forest.
Subsection (b) emphasizes the Secretary's responsibility
under applicable law to consider converting roads to
recreational uses as an alternative to road decommissioning.
Subsection (c) emphasizes the Secretary's authority to
design and construct a trail in the Mount Hood National Forest
that is suitable for use by persons with disabilities.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
September 4, 2007.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 647, the Lewis and
Clark Mount Hood Wilderness Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Tyler
Kruzich.
Sincerely,
Peter R. Orszag.
S. 647--Lewis and Clark Mount Hood Wilderness Act of 2007
Summary: S. 647 would designate about 124,000 acres of
federal land located in Oregon as wilderness and would add
about 80 miles of waterways in the forest to the Wild and
Scenic Rivers System. The bill also would designate about
34,550 acres within the national forest as the Mt. Hood
National Recreation Area. Other lands would be protected by
designating them as special resource areas or potential
wilderness or by requiring them to be managed for limited uses.
Finally, S. 647 would authorize the U.S. Forest Service to
acquire private lands near Mt. Hood and would provide for
several exchanges of land between the Forest Service and
nonfederal landowners.
CBO estimates that implementing S. 647 would cost $3
million in 2008 and $11 million over the 2008-2012 period,
assuming appropriation of the necessary amounts. Enacting this
legislation could affect offsetting receipts and direct
spending, but we estimate that any such effects would be
negligible. Enacting the bill would not affect revenues.
S. 647 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 647 is shown in the following table. The
costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level...................................... 5 2 2 1 1
Estimated Outlays.................................................. 3 3 2 2 1
----------------------------------------------------------------------------------------------------------------
Basis of estimate: CBO estimates that implementing S. 647
would cost $11 million over the 2008-2012 period, assuming
appropriation of the necessary amounts. We estimate that any
forgone offsetting receipts (a credit against direct spending)
from enacting this legislation would be negligible. For this
estimate, CBO assumes that the bill will be enacted near the
start of fiscal year 2008 and that the amounts estimated to be
necessary will be appropriated each year.
Protected areas
Title I would designate 124,000 acres of Forest Service
land as wilderness. It also would designate approximately 80
miles of rivers as wild and scenic. Subject to valid existing
rights, each new area designated under the bill would be
withdrawn from programs to develop mineral or geothermal
resources. The Forest Service would need to describe, map, and
survey the new land to properly protect it as wilderness. Based
on information from the agency, CBO estimates that the Forest
Service would spend about $9 million over the 2008-2012 period
to complete the necessary mapping and surveying.
Designating federal land as wilderness could result in
forgone offsetting receipts if, under current law, that land
would generate income from activities such as timber harvesting
and mining. According to the Forest Service, that land
currently generates no significant receipts but does contain
about 5,000 acres of timber that could be harvested in the
future. Such sales proceeds can be spent by the Forest Service
without further appropriation. Thus, CBO estimates that any net
budgetary impact from enacting this legislation would be
negligible over the next 10 years.
Land exchanges
Title II of the legislation would authorize the Forest
Service to exchange certain federal land for nonfederal land
and to make or receive cash payments to account for any
difference in the value of land exchanged. Based on information
from the Forest Service, CBO estimates that the agency would
need to pay $1 million to private landholders to equalize the
value of the properties that would be exchanged under the bill.
In addition, CBO estimates that the agency would spend several
hundred thousand dollars for administrative activities
associated with the exchanges.
According to the agency, the land to be conveyed currently
generates no significant receipts and is not expected to do so
over the next 10 years; therefore, we estimate that conveying
the land would not affect offsetting receipts.
Intergovernmental and private-sector impact: S. 647
contains no intergovernmental or private-sector mandates as
defined in UMRA. The bill would authorize land exchanges
between state and local governments and the federal government;
any costs related to the conveyance of such lands would be
incurred voluntarily.
Estimate prepared by: Federal Costs: Tyler Kruzich; Impact
on State, Local, and Tribal Governments: Leo Lex; Impact on the
Private-Sector: Amy Petz.
Estimate approved by: Theresa A. Gullo, Chief, State and
Local Government Cost Estimates Unit, Budget Analysis Division.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 647.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy. Little additional paperwork would result from the
enactment of S. 647.
Executive Communications
The views of the Administration were included in testimony
received by the Committee at a hearing on S. 647 on May 3,
2007.
Statement of Mark Rey, Under Secretary, Natural Resources and
Environment, Department of Agriculture
* * * * * * *
Mr. Chairman and members of the committee, I appreciate the
opportunity to appear before you to today to provide the
Department's views on the bills which are on the agenda today.
s. 647: the lewis and clark mount hood wilderness act of 2007
The Lewis and Clark Mount Hood Wilderness Act of 2007
provides management direction for Mount Hood and its
surrounding landscapes that emphasizes the importance of
wilderness, recreation, and forest health, as well as cultural,
historical, environmental and scenic values.
The Administration recognizes that the bill's sponsors have
conducted a considerable amount of outreach and worked with a
number of communities of interest including local and state
governmental entities, tribes, profit and non-profit
organizations and individuals in the development of S. 647.
Last year, the Administration testified in hearings on two
bills concerning the management of lands in and around Mount
Hood: S. 3854 and H.R. 5025. We are gratified that several of
the suggestions offered at that time have been considered in S.
647, and it is preferable to last year's Senate bill. However,
we still have critical concerns regarding several provisions
which precludes our support for the bill as written.
Several of the provisions continue to be highly
prescriptive and limiting, and we believe, could benefit from
additional collaboration among all stakeholders. While we
strongly support public involvement and community
collaboration, the concept of legislating management direction
is problematic. We find the land exchange provisions and
several of the wilderness designations to be especially
troubling. We would like to work with this committee and the
sponsors to ensure that existing legal and cooperative
frameworks for decision-making continue to be honored as we
seek to meet the goals of the legislation.
Overview
S. 647 would expand the National Wilderness Preservation
System and the National Wild and Scenic Rivers System, and
designate national recreation areas, and a special resources
management unit. It would provide for the retention of fees
from recreation and other special uses and establish a
recreational working group.
In addition, the bill would direct the Secretary to work
with State, local, and other Federal governments to develop an
integrated multi-modal transportation plan, and, with the State
of Oregon, study the feasibility of establishing a gondola
connection and a multi-modal transportation center located near
Government Camp.
The bill would require the Secretary of Agriculture to
conduct a Forest Stewardship Assessment to address forest
health, to establish Memoranda of Understanding for watershed
management between the Forest Service and irrigation districts
or municipalities and to study long-term biomass available on
the Mount Hood National Forest. The bill would direct the
Secretary to establish priority-use areas and provide for the
gathering of first foods by members of Indian tribes with
treaty-reserved gathering rights.
The bill would require the Secretary to enter into
specified land exchanges with private landowners and directs
the Secretary to publish a prospectus to operate a ski area and
inn that would be acquired in an exchange.
Analysis
The Administration supports many of the concepts and
provisions of this bill, including some wilderness and wild and
scenic river designations, and the attention focused on
recreation, watershed and forest health and transportation
issues on and around Mount Hood.
We would like to work with the committee and sponsors to
correct technical items and resolve concerns regarding the
legislation including: (1) Effects of some of the wilderness
proposals; (2) special use fee retention; (3) restrictive
management requirements of the Crystal Springs Watershed
Management Unit; (4) the requirement to enter into a land
exchange that, in our consideration, is not in the public
interest; and (5) the requirement to undertake procedures
required by the National Environmental Policy Act, the
Endangered Species Act, and other laws for a legislated land
exchange when the statute leaves no discretion to take into
consideration the information obtained by these procedures.
The bill also authorizes approximately $2 million in
appropriations and many new management activities without
identifying sources of funding or proposed offsets. It requires
some 20 different types of plans, studies, and management
activities without consideration for ongoing forest or regional
priorities. It sets multiple timelines that are unachievable
given the volume of work, current staffing, and requirements
for third party participation.
Wilderness
S. 647 proposes to designate approximately 128,800 new
acres of wilderness on the Mount Hood National Forest, and
about 1,700 acres of wilderness on adjacent lands managed by
the Bureau of Land Management. The Administration would support
the designation of wilderness for areas that are consistent
with the hallmarks of wilderness described in the Wilderness
Act of 1964 areas dominated by the forces of nature, with
primeval character and natural conditions that contrast with
developed lands and offering outstanding opportunities for
solitude or primitive and unconfined recreation.
The best opportunities for achieving these conditions are
within those proposed areas that are contiguous to existing
wilderness areas. The additions that, in our opinion, could
enhance existing wilderness areas include approximately 59,000
acres consisting of the following: Bull of the Woods (5,400
acres), Mount Hood (2,000 acres), Salmon-Huckleberry (7,700
acres), Roaring River (31,000 acres), and Gorge Face (12,500
acres).
We would like to work with the committee to seek agreement
on mapping changes that would provide more manageable boundary
locations and enhance the overall wilderness character of the
proposed wildernesses. We also seek the flexibility in
legislative language to make minor boundary adjustments prior
to survey to exclude non-conforming uses such as power lines,
roads and existing permitted operations. In addition, we
understand that some of the maps referenced in the legislation
have been modified since the bill was first introduced, and
bill language should be amended to reflect the changes.
We have specific concerns with other proposed wilderness
designation including many of the smaller, isolated areas.
These areas are currently managed for values and uses that are
inconsistent with wilderness designation, including motorized
access. Examples of proposed wilderness with limited or
impaired wilderness character would include areas close to I-84
and Highways 35 and 26, and small extrusions and peninsulas
extending from existing wilderness and from some of the
proposed new wilderness. We believe these proposed areas would
be adversely impacted from adjacent activities or from
activities associated with the continuation of existing uses,
such as mountain biking and motorized camping. We would like to
work with the committee to explore alternatives that could meet
the intent of protecting these areas for future generations
short of wilderness designation.
S. 647 proposes new wilderness within the boundary of the
Columbia River Gorge National Scenic Area (CRGNSA) designated
by Congress in 1986. Most of the area within the CRGNSA covered
under the bill is adjacent to urbanized areas and significant
infrastructure (such as the cities of Hood River, Bonneville,
and Cascade Locks, the unincorporated communities of Dodson and
Warrendale, Bonneville Power Administration's high voltage
power lines that traverse and transect the Gorge, Interstate
84, and the Union Pacific Rail Line). We believe that adjacent
land uses, in conjunction with special provisions for existing
rights such as the Army Corps of Engineers permit related to
Bonneville Dam, could potentially conflict with and compromise
the wilderness character of the proposed Gorge Face Wilderness.
The CRGNSA designation has been highly successful in protecting
and enhancing the scenic, cultural, and natural and recreation
resources of the area while accommodating economic development
consistent with these purposes.
Section 106 would require the Secretary to construct a
system of defensible fuel profile zones. Significant
intergovernmental agency and community involvement has resulted
in the development of the City of Cascade Locks Community and
the Clackamas County Community Wildfire Protection Plans,
completed in 2005. Implementation is being planned by the
Forest Service and these partners at this time. However, it
would be difficult to implement the proposed zones in a manner
consistent with the Mount Hood National Forest Management Plan.
The area around Government Camp is spotted owl habitat.
Previous fuel reduction projects in this vicinity have been
limited because effective treatment would change the stand
composition, conflicting with spotted owl habitat. More
flexibility in bill language would address this concern
Wild and scenic river designations
The Department supports the wild and scenic river
designations proposed by S. 647, with the exception of the
Fifteen Mile Creek and the East Fork Hood River. The former did
not rise to a level of significance for a wild and scenic river
eligibility study during the Land and Resource Management
Planning process and we believe it still does not merit further
consideration. The East Fork Hood River was determined not a
suitable addition to the National Wild and Scenic Rivers System
in the Mount Hood Land and Resource Management Plan. The
paragraphs amending Section 3(a) of the Wild and Scenic Rivers
Act should not be numbered, and several river-specific
proposals require further clarification. We look forward to
working with the committee to address these concerns.
The Forest Service is also concerned about its ability to
protect wild and scenic river values with regard to particular
wild and scenic river boundary locations; the language relative
to water rights and flow requirements; culverts; and treatment
of State highways. We prefer that the boundaries be adjusted to
exclude potentially nonconforming activities to protect the
values associated with these special resources. We would like
to work with the committee on amendments to address these
concerns.
Recreation
Title IX of the bill would, for a 10-year period, provide
for retention of land use fees from special use authorizations,
recreation residences, resorts (including winter recreation
resorts), communication uses, linear rights-of-way, and other
special uses. Revenues would be held in a special account for
expenditure toward a variety of purposes, such as installation,
repair, maintenance, and enhancement related to visitor
enjoyment, access, and health and safety.
We recognize the importance of outdoor recreation to the
social and economic well-being of the Mount Hood region today
and into the future. We share the sponsors' concerns with the
challenges of managing complex and often conflicting recreation
values and uses. However, the new fee retention authority for
the Mount Hood National Forest as specified in the legislation
is objectionable. The inclusion of new authority for retention
and expenditure of land use fees would result in a loss of
Treasury receipts which are used to fund ongoing programs.
The proposed legislation would provide for the
establishment of a Mount Hood National Forest Recreational
Working Group that would be exempt from the Federal Advisory
Committee Act (FACA). This working group would provide advice
on planning and implementing recreational enhancements on the
Mount Hood National Forest, including advice on how the
retained fees should be expended. The FLREA already requires
the creation of a Recreational Advisory Committee, with similar
membership. We believe creation of any additional advisory
council would be administratively burdensome and costly and
would like to work with the Committee to develop a means to
address the objectives of this provision.
S. 647 would designate a Mount Hood National Recreation
Area (NRA). The Administration supports this designation, which
recognizes the variety of recreational activities that visitors
currently enjoy in the proposed area. We also appreciate the
significant changes in language reflected in this bill in
response to Administration concerns with language in previous
versions. We suggest that some of the smaller isolated tracts
now proposed for wilderness would be better protected as
additions to the proposed national recreation areas as an
alternative to wilderness designation.
The bill proposes only the Mount Hood NRA, although the
maps reference two additional national recreation areas: the
Fifteenmile Creek NRA, and the Shellrock Mountain NRA. As
mapped, the Mount Hood NRA overlaps the proposed Badger Creek
Wilderness (3,004 acres), the proposed Barlow Butte Wilderness
Area (1,973 acres) and the proposed Twin Lakes Wilderness Area
(6,359 acres). This dual designation would prove difficult to
manage and could also be confusing to the public. We suggest
that national recreation area designation for all of these
areas is most appropriate. The bill should be amended to
reflect the designation of the three separate national
recreation areas referenced on the maps.
Transportation
The Administration supports collaboratively participating
with the State of Oregon, local governments, and Federal
departments in the development of a comprehensive, multi-modal
transportation strategy for the Mount Hood region. We do not
support language contained in Section 402(e), which assigns
responsibility for the transportation plan to the Secretary, or
Section 402(f) which authorizes the appropriation of $2 million
to carry out the section. Existing funding mechanisms under
section 1117 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU)
(P.L. 109-59) are already available to the Oregon Department of
Transportation to address transportation planning. Indeed, the
Mount Hood National Forest has recently secured $100,000 of
funding under section 3021 of SAFETEA-LU for the State to begin
work on preliminary planning. The transportation plan will
include a review and compilation of all existing studies
related to transportation in the Mount Hood region.
In addition to the transportation plan, the bill would
require the Secretary to conduct a study of the feasibility of
establishing a gondola connecting Timberline Lodge to
Government Camp and an inter-modal transportation center in
close proximity to Government Camp. Given the complexity of
conducting this study, we suggest that the Department of
Transportation has the appropriate expertise to carry it out.
A 2001 gondola feasibility study conducted with funding
from the Federal Highway Administration estimated the cost to
construct a gondola from Government Camp to Timberline Lodge
ranged from $21 to $26 million, and estimated the cost of the
gondola from Government Camp to Mount Hood Meadows ranged from
$37 to $56 million. We do not believe another study of the
gondola feasibility would be needed and we would recommend
including the completed study as part of the regional
transportation planning process.
Section 404 authorizes the Secretary to provide State and
Private Forestry program grants to Cascade Locks and Hood River
County for the burial of power lines, but the use of these
funds is inconsistent with the purposes of the State and
Private Forestry program. Section 405 allows for activities not
normally permitted in designated wilderness and wild and scenic
rivers to repair, realign, expand capacity, and carry out other
activities for Highway 35 and any other existing State highway.
We would like to work with the sponsors to adjust the proposed
wilderness and wild and scenic river boundaries to reduce the
need for these types of activities within these designations
while still allowing the State to respond to unforeseen
emergencies.
Forest and watershed stewardship
We support the objectives of the Forest Stewardship
Assessment in both bills to determine forest health needs. The
Forest Service is currently developing an integrated vegetation
management approach similar to the approach provided for in the
legislation. The ability to use existing information and
processes would expedite developing a forest stewardship
assessment consistent with other agency efforts. However, the
legislation requires commencement of implementation of the
stewardship assessment projects within a limited time frame,
and the Department is concerned this requirement will redirect
other available funds allocated to meet higher priority needs.
The bill, if enacted, therefore would require the Forest
Service to utilize existing funds and displace other, more
critical, ongoing work. Again, we would like to work with the
committee to address this concern.
We support the concept of assessing the amount of long-term
sustainable biomass available in the Mount Hood National
Forest. The Forest Service has already begun a study as part of
a recent memorandum of understanding signed by the Confederated
Tribes of Warm Springs and others to analyze the supply of
biomass for a tribal co-generation plant. The bill restricts
biomass material to by-products from forest restoration
activities. We would like to work with the sponsors to expand
the definition of biomass to be consistent with the language in
the memorandum of understanding with the Confederated Tribes of
Warm Springs.
Local and tribal relations
The bills would encourage the Secretary of Agriculture to
cooperate with the Tribes, Federal and State entities, and
local communities. We support this general direction. We also
support the requirement to identify, establish, develop, and
manage priority-use areas for gathering of first foods by
member of Indian tribes with treaty reserved rights (as
provided in section 802(a) of S. 647.
Land conveyances
We appreciate the sponsors' efforts to resolve long-
standing conflicts on Mount Hood with the Cooper Spur-
Government Camp land exchange proposal, as well as the changes
in the bill to address some of the valuation-related concerns
expressed in previous testimony.
While we support the direction in S. 647 to use nationally
recognized appraisal standards, the Administration objects to
the bill's requirements that depart from those standards. The
Administration also objects to the additional requirements that
the date of valuation be the spring of 2005 and that appraisal
be approved by other parties, namely the County and Mt. Hood
Meadows. To protect the public's investment, appraisals
performed for any proposed exchange should be done as close to
the date of transaction as is feasible. Approval of appraisals
is normally solely at the discretion of the Secretary. Mount
Hood Meadows and Clackamas County should have the opportunity
to provide the appraisers with market information, but should
not share approval authority with the Secretary because of
their potential interest in the outcome. We have a number of
suggestions for improving the land exchange proposal.
First, we recommend reconsideration of the requirements
that the Forest Service would take possession of an aging
infrastructure, solicit a new concessionaire, and be prohibited
from subsequent land or facility adjustments, because all could
be problematic.
Second, we suggest consideration of alternative exchange
lands. The 770 acres of private lands offered to the United
States at Cooper Spur do not have national forest
characteristics. They are heavily disturbed, fragmented and
interspersed with roads, power-lines, and subdivisions.
Third, we recommend re-evaluation of the unique resource
implications of privatizing the two parcels of land at
Government Camp. We have other concerns regarding the Cooper
Spur land exchange process and would like to work with the
committee on amendments to address these concerns.
The Administration supports the proposed exchange with the
Port of Cascade Locks to improve the Pacific Crest National
Scenic Trail. The administration does not object to the
Hunchback Mountain exchange with Clackamas County. We note that
this exchange would require a legislated adjustment to the Mt.
Hood National Forest Boundary and we would work with the
committee to address this.
Sec. 503(f)(1) provides that it is the intent of Congress
that the Secretary complete all legal and regulatory processes
required for the exchange of Federal land and the non-Federal
land in 16 months. This timeframe is unachievable given the
applicable requirements for environmental studies, public
participation, evaluation of alternatives, Endangered Species
Act consultation, additional third-party consultation
requirements in this legislation, and the limitations in
sharing costs with the proponents, as well as conflicts with
the Region's existing priorities for critical land exchange
work.
In addition, the requirement that provisions with
legislated outcomes, such as the land exchanges, be subject to
participatory environmental laws such as the National
Environmental Policy Act is not consistent with the
requirements of such laws since there is no ability for the
agency or the public to effect adjustments to the proposal
because the outcome is specified in the legislation.
The Administration could support relevant conveyances if
bill language is amended to address these concerns.
Summary
In summary Mr. Chairman, while we are encouraged by the
sponsor's efforts on behalf of the Mount Hood National Forest,
the Administration has significant concerns with S. 647 as
presently written. Nevertheless, we see a great potential,
working with the many stakeholders of the region and beyond, to
meet the bills objectives to protect for future generations the
recreation opportunities and resource values of the Mount Hood
National Forest. We believe we can accomplish these objectives
using existing authorities as well as some of the provisions of
the bill. We strongly support negotiated agreements on land
management and we are committed to continuing to work on the
sections where we have concerns.
* * * * * * *
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 647, as ordered reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
A. WILD AND SCENIC RIVERS ACT
(PUBLIC LAW 90-542; APPROVED OCTOBER 2, 1968)
AN ACT To provide a National Wild and Scenic Rivers System, and for
other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
That (a) this Act may be cited as the ``Wild and Scenic
Rivers Act''.
* * * * * * *
Sec. 3(a). The following rivers and the land adjacent
thereto are hereby designated as components of the national
wild and scenic rivers system:
(167) White salmon river, washington.--
* * * * * * *
(168) Black butte river, california.--
* * * * * * *
[(167)] (169) Musconetcong river, new jersey.--
* * * * * * *
(170) South fork clackamas river.--The 4.2-mile
segment of the South Fork Clackamas River from its
confluence with the East Fork of the South Fork
Clackamas to its confluence with the Clackamas River,
to be administered by the Secretary as a wild river.
(171) Eagle creek.--The 8.3-mile segment of Eagle
Creek from its headwaters to the Mount Hood National
Forest boundary, to be administered by the Secretary of
Agriculture as a wild river.
(172) Middle fork hood river.--The 3.7-mile segment
of the Middle Fork Hood River from the confluence of
Clear and Coe Branches to the north section line of
section 11, township 1 south, range 9 east, to be
administered by the Secretary of Agriculture as a
scenic river.
(173) South fork roaring river.--The 4.6-mile segment
of the South Fork Roaring River from its headwaters to
its confluence with Roaring River, to be administered
by the Secretary of Agriculture as a wild river.
(174) Zig zag river.--The 4.3-mile segment of the Zig
Zag River from its headwaters to the Mount Hood
Wilderness boundary, to be administered by the
Secretary of Agriculture as a wild river.
(175) Fifteenmile creek.--
(A) In general.--The 11.1-mile segment of
Fifteenmile Creek from its source at Senecal
Spring to the southern edge of the northwest
quarter of the northwest quarter of section 20,
township 2 south, range 12 east, to be
administered by the Secretary of Agriculture in
the following classes:
(i) the 2.6-mile segment from its
source at Senecal Spring to the Badger
Creek Wilderness boundary, as a wild
river;
(ii) the 0.4-mile segment from the
Badger Creek Wilderness boundary to the
point 0.4 miles downstream, as a scenic
river;
(iii) the 7.9-mile segment from the
point 0.4 miles downstream of the
Badger Creek Wilderness boundary to the
western edge of section 20, township 2
south, range 12 east as a wild river;
and
(iv) the 0.2-mile segment from the
western edge of section 20, township 2
south, range 12 east, to the southern
edge of the northwest quarter of the
northwest quarter of section 20,
township 2 south, range 12 east as a
scenic river.
(B) Inclusions.--Notwithstanding section 3(b)
of this Act, the lateral boundaries of both the
wild river area and the scenic river area along
Fifteenmile Creek shall include an average of
not more than 640 acres per mile measured from
the ordinary high water mark on both sides of
the river.
(176) East fork hood river.--The 13.5-mile segment of
the East Fork Hood River from Oregon State Highway 35
to the Mount Hood National Forest boundary, to be
administered by the Secretary of Agriculture as a
recreational river.
(177) Collawash river.--The 17.8-mile segment of the
Collawash River from the headwaters of the East Fork
Collawash to the confluence of the mainstream of the
Collawash River with the Clackamas River, to be
administered in the following classes:
(A) the 11.0-mile segment from the headwaters
of the East Fork Collawash River to Buckeye
Creek, as a scenic river; and
(B) the 6.8-mile segment from Buckeye Creek
to the Clackamas River, as a recreational
river.
(178) Fish creek.--The 13.5-mile segment of Fish
Creek from its headwaters to the confluence with the
Clackamas River, to be administered by the Secretary of
Agriculture as a recreational river.
B. COLUMBIA RIVER GORGE NATIONAL SCENIC AREA ACT
(PUBLIC LAW 99-663; APPROVED NOVEMBER 17, 1986)
AN ACT To protect and provide for the enhancement of the resources of
the Columbia River Gorge, and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
Sec. 1. This Act may be referred to as the ``Columbia River
Gorge National Scenic Area Act''.
* * * * * * *
Sec. 13(a). Water Resource Projects.--The following rivers
and streams shall be subject to the same restrictions on the
licensing, permitting, and exempting from licensing and the
construction of water resource projects as provided for
components of the National Wild and Scenic Rivers System
pursuant to section 7(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1278(a)):
* * * * * * *
(4) the Hood River, Oregon, [for a period not to exceed
twenty years from the date of enactment of this Act,] if such
facility impounds or diverts water other than by means of a dam
or diversion existing as of date of enactment of this Act; and
* * * * * * *
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