H.R. 5025 — Mount Hood Stewardship Legacy Act

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5025 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5025

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 28, 2006

Mr. Walden of Oregon (for himself, Mr. Blumenauer, Ms. Hooley, and Mr. 
   DeFazio) introduced the following bill; which was referred to the 
      Committee on Resources, and in addition to the Committee on 
Agriculture, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

Sec. 1. Short title and table of contents
Sec. 2. Implementation
                 TITLE I--WILDERNESS AREA DESIGNATIONS

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

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

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

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

Sec. 501. Purpose
Sec. 502. Forest Stewardship Plan
Sec. 503. Sustainable biomass utilization study
Sec. 504. Watershed management memorandums of understanding
          TITLE VI--CRYSTAL SPRINGS WATERSHED MANAGEMENT UNIT

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

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

         Subtitle A--Cooper Spur-Government Camp Land Exchange

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

Sec. 811. Land exchange, Port of Cascade Locks-Pacific Crest National 
                            Scenic Trail

SEC. 2. IMPLEMENTATION.

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

                 TITLE I--WILDERNESS AREA DESIGNATIONS

SEC. 101. PURPOSE.

    The purpose of this title is to designate approximately 77,500 
acres of National Forest System land in the Mount Hood National Forest 
as wilderness, which represents a 41 percent increase in the amount of 
designated wilderness in the national forest and the first new 
wilderness designated in the national forest since 1984.

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

    (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), the following areas in the Mount Hood National Forest 
are designated as wilderness and, therefore, as components of the 
National Wilderness Preservation System:
            (1) Big bottom wilderness.--National Forest System land 
        comprising approximately _____ acres, as generally depicted on 
        the map entitled ``_____'' and dated _______, 2006, which shall 
        be known as the ``Big Bottom Wilderness''.
            (2) Bull of the woods wilderness addition.--National Forest 
        System land comprising approximately _____ acres, as generally 
        depicted on the map entitled ``_____'' and dated _______, 2006, 
        is incorporated in and shall considered to be a part of the 
        Bull of the Woods Wilderness, as designated by section 3(4) of 
        the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; Public 
        Law 98-328).
            (3) Cooper spur wilderness.--National Forest System land 
        comprising approximately _____ acres, as generally depicted on 
        the map entitled ``_____'' and dated _______, 2006, which shall 
        be known as the ``Cooper Spur Wilderness''.
            (4) Gorge ridgeline wilderness.--National Forest System 
        land comprising approximately _____ acres, as generally 
        depicted on the map entitled ``_____'' and dated _______, 2006, 
        which shall be known as the ``Gorge Ridgeline Wilderness''.
            (5) Mount hood wilderness additions.--National Forest 
        System land comprising approximately _____ acres, as generally 
        depicted on the map entitled ``_____'' and dated _______, 2006, 
        is incorporated in and shall considered to be a part of the 
        Mount Hood Wilderness, as designated by section 3 of the 
        Wilderness Act (16 U.S.C. 1132).
            (6) Roaring river wilderness.--National Forest System land 
        comprising approximately _____ acres, as generally depicted on 
        the map entitled ``_____'' and dated _______, 2006, which shall 
        be known as the ``Roaring River Wilderness''.
            (7) Salmon-huckleberry wilderness addition.--National 
        Forest System land comprising approximately _____ acres, as 
        generally depicted on the map entitled ``_____'' and dated 
        _______, 2006, is incorporated in and shall considered to be a 
        part of the Salmon-Huckleberry Wilderness, as designated by 
        section 3(2) of the Oregon Wilderness Act of 1984 (16 U.S.C. 
        1132 note; Public Law 98-328).
    (b) Maps and Legal Description.--
            (1) Submission of legal descriptions.--As soon as 
        practicable after the date of the enactment of this Act, the 
        Secretary of Agriculture shall prepare and submit to Congress a 
        legal description of each wilderness area designated by 
        subsection (a).
            (2) Force of law.--The maps referred to in subsection (a) 
        and the legal descriptions prepared under paragraph (1) shall 
        have the same force and effect as if included in this Act, 
        except that the Secretary may correct technical errors in the 
        maps and legal descriptions. The Secretary shall notify 
        Congress of any change made in a map or legal description under 
        the authority of this paragraph and the reason for the change.
            (3) Public availability.--The maps referred to in 
        subsection (a) and the legal descriptions prepared under 
        paragraph (1) shall be filed and made available for public 
        inspection in the appropriate offices of the Forest Service.
    (c) Character of Designated Land.--
            (1) Exclusion of private land.--It is the intent of 
        Congress that the wilderness areas designated or expanded by 
        this section do not incorporate any private land in-holding. If 
        any private land is inadvertently included within the 
        boundaries of a wilderness area designated or expanded by this 
        section, the Secretary of Agriculture shall ensure that the 
        landowner continues to have reasonable access to the private 
        land.
            (2) Exclusion of power line.--In the case of the Roaring 
        River Wilderness established by subsection (a)(6), it is the 
        intent of Congress to exclude from the wilderness area the 
        transmission lines of the Oak Grove Hydroelectric Project along 
        State Highway 224.
            (3) No precedent value.--Nothing in this subsection is 
        intended to establish a precedent with regard to the 
        designation of Federal land as wilderness by any provision of 
        law enacted after the date of the enactment of this Act.

SEC. 103. ADMINISTRATION OF WILDERNESS AREAS.

    (a) Management.--Subject to valid existing rights, the National 
Forest System land designated as wilderness by section 102 shall be 
administered by the Secretary of Agriculture in accordance with the 
Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in 
the Wilderness Act to the effective date of such Act shall be 
considered to be a reference to the date of the enactment of this Act.
    (b) Incorporation of Acquired Land and Interests.--Any non-Federal 
land that is located within the boundaries of the National Forest 
System land designated as wilderness by section 102 and is acquired by 
the United States after the date of the enactment of this Act shall--
            (1) become part of the wilderness area in which the land is 
        located; and
            (2) be managed in accordance with this title, the 
        Wilderness Act (16 U.S.C. 1131 et seq.), and other laws 
        applicable to the wilderness area.
    (c) Withdrawal.--Subject to valid existing rights, the National 
Forest System land designated as wilderness by section 102 is withdrawn 
from all forms of--
            (1) entry, appropriation, or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under all laws pertaining to mineral and 
        geothermal leasing or mineral materials.
    (d) Fire, Insect, and Disease Management Activities.--In accordance 
with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and 
House Report No. 98-40 of the 98th Congress, the Secretary of 
Agriculture may take such measures on the National Forest System land 
designated as wilderness by section 102 as are necessary for the 
control and prevention of fire, insects, and diseases.
    (e) Snow Sensors and Stream Gauges.--Nothing in this title prevents 
the installation and maintenance of hydrologic, meteorologic, or 
climatological instrumentation on the National Forest System land 
designated as wilderness by section 102 if the Secretary of Agriculture 
determines that hydrologic, meteorologic, or climatological 
instrumentation is appropriate to further the scientific, educational, 
and conservation purposes of the wilderness areas.
    (f) Military Activities.--Nothing in this Act precludes low-level 
overflights of military aircraft, the designation of new units of 
special airspace, or the use or establishment of military flight 
training routes over the National Forest System land designated as 
wilderness by section 102.
    (g) Livestock.--Grazing of livestock and the maintenance of 
existing facilities related to grazing on the National Forest System 
land designated as wilderness by section 102, where established before 
the date of the enactment of this Act, shall be permitted to continue 
in accordance with--
            (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
        1133(d)(4)); and
            (2) the guidelines set forth in Appendix A of the report of 
        the Committee on Interior and Insular Affairs of the House of 
        Representatives accompanying H.R. 2570 of the 101st Congress 
        (H. Rept. 101-405).
    (h) Fish and Wildlife Management.--
            (1) In general.--In furtherance of the purposes of the 
        Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary of 
        Agriculture may carry out management activities to maintain or 
        restore fish and wildlife populations and fish and wildlife 
        habitats on the National Forest System land designated as 
        wilderness by section 102 if such activities are consistent 
        with applicable wilderness management plans and carried out in 
        accordance with applicable guidelines and policies. Nothing in 
        this Act affects the jurisdiction of the State of Oregon with 
        respect to fish and wildlife on the public land located in the 
        State.
            (2) Bull trout restoration project.--It is the intent of 
        Congress that nothing in this title prevents the Secretary of 
        Agriculture from conducting the Bull Trout restoration project 
        underway as of the date of the enactment of this Act in Clear 
        Branch Creek west of Lawrence Lake in order to restore historic 
        trout populations and habitat.
    (i) Continued Use by Members of Indian Tribes.--
            (1) Access.--In recognition of the past use of the National 
        Forest System land designated as wilderness by section 102 by 
        members of Indian tribes for traditional cultural and religious 
        purposes, the Secretary of Agriculture shall ensure that Indian 
        tribes have access to the wilderness areas for traditional 
        cultural and religious purposes.
            (2) Temporary closures.--In carrying out this subsection, 
        the Secretary, at the request of an Indian tribe, may 
        temporarily close to the general public one or more specific 
        portions of the National Forest System land designated as 
        wilderness by section 102 to protect the privacy of the members 
        of the Indian tribe in the conduct of the traditional cultural 
        and religious activities in the wilderness area. Any such 
        closure shall be made in such a manner as to affect the 
        smallest practicable area for the minimum period of time 
        necessary for the activity to be carried out.
            (3) Applicable law.--Access to the wilderness areas under 
        this subsection shall be provided in accordance with the 
        Wilderness Act (16 U.S.C. 1131 et seq.) and Public Law 95-341 
        (commonly known as the American Indian Religious Freedom Act; 
        42 U.S.C. 1996 et seq.).
    (j) Adjacent Management.--Nothing in this Act creates protective 
perimeters or buffer zones around the National Forest System land 
designated as wilderness by section 102. The fact that nonwilderness 
activities or uses can be seen or heard from the designated wilderness 
shall not preclude the conduct of those activities or uses outside the 
boundary of the wilderness area.

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

    In the case of each wilderness area designated or expanded by 
section 102, it is the intent of Congress that the Secretary of 
Agriculture be able to provide for the maintenance of the foot bridge 
crossings in the wilderness area and, when needed, the replacement of 
the foot bridge crossings to ensure public access and safety.

              TITLE II--WILD AND SCENIC RIVER DESIGNATIONS

SEC. 201. PURPOSE.

    The purpose of this title is to designate approximately 23 miles of 
waterways within the Mount Hood National Forest as additions to the 
National Wild and Scenic Rivers System, which represents a 19 percent 
increase in the total length of all of the waterways in the national 
forest included in the system.

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

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
is amended by adding at the end the following new paragraph:
    ``(168) Mount Hood National Forest, Oregon.--The following rivers 
within the Mount Hood National Forest in the State of Oregon, to be 
administered by the Secretary of Agriculture:
            ``(A) The 4.1 miles of the South Fork of the Clackamas 
        River, as generally depicted on the map entitled `[insert map 
        name]' and dated _____, 2006 (in this paragraph referred to as 
        the `map'), as a scenic river.
            ``(B) The 8.3 miles of Eagle Creek, as generally depicted 
        on the map, consisting of 7.2 miles as a wild river and 1.1 
        miles as a recreational river.
            ``(C) The 3.7 miles of the Middle Fork of the Hood River, 
        as generally depicted on the map, as a scenic river.
            ``(D) The 4.6 miles of the South Fork of the Roaring River, 
        as generally depicted on the map, as a wild river.
            ``(E) The 2.9 miles of the Upper Reach of the Zig Zag 
        River, as generally depicted on the map, as a wild river.''.

SEC. 203. RELATION TO MIDDLE FORK IRRIGATION DISTRICT.

    (a) No Impact on Water Rights or Flow Requirements.--The 
designation of the Middle Fork of the Hood River as a ___ river by 
paragraph (168)(C) of section 3(a) of the Wild and Scenic Rivers Act 
(16 U.S.C. 1274(a)), as added by section 202, is not intended to have 
any impact on water rights or flow requirements with regard to the 
Middle Fork Irrigation District.
    (b) Exclusion of Operational Areas.--The area of the Middle Fork of 
the Hood River designated as a ___ river by such paragraph does not 
include any portion of the operation area of the Middle Fork Irrigation 
District.

                         TITLE III--RECREATION

SEC. 301. PURPOSE.

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

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

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

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

    (a) Authorized Uses.--The Secretary of Agriculture shall use funds 
received from the special account under section 302(c) for the 
following purposes related to Mount Hood National Forest:
            (1) Trail maintenance, interpretive programs, and other 
        activities and projects to improve recreational services to the 
        public.
            (2) Cooperative environmental restoration projects with 
        non-Federal partnership groups and associations.
            (3) Law enforcement and rescue and recovery efforts.
            (4) Improving administration of special use authorizations.
            (5) Preparation of documents required under the National 
        Environmental Policy Act of 1969 in connection with the 
        improvement or development of recreational opportunities.
    (b) Allocation Requirements.--Of the total funds received by the 
Secretary of Agriculture from the special account under section 302(c) 
for a fiscal year, the Secretary shall allocate the funds as follows:
            (1) 95 percent of the funds to Mount Hood National Forest.
            (2) 5 percent of the funds to the Regional Office for the 
        Pacific Northwest Region of the Forest Service to develop 
        needed policy and training to support programs in wilderness 
        areas, special uses, trails, developed and dispersed 
        recreation, and interpretation related to Mount Hood National 
        Forest.

SEC. 304. ANNUAL REPORTING REQUIREMENT.

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

SEC. 305. MOUNT HOOD NATIONAL FOREST RECREATIONAL ADVISORY COUNCIL.

    (a) Establishment and Purpose.--The Secretary of Agriculture shall 
establish an advisory council (to be known as the ``Mount Hood National 
Forest Recreational Advisory Council'') for the purpose of providing 
advice and recommendations to the Forest Service on planning and 
implementing recreation enhancements in Mount Hood National Forest, 
including advice and recommendations regarding how the funds in the 
special account established under section 302 should be requested and 
expended.
    (b) Duties.--The Advisory Council shall--
            (1) review projects proposed by the Secretary for Mount 
        Hood National Forest regarding--
                    (A) installation, repair, maintenance, and facility 
                enhancement related directly to visitor enjoyment, 
                visitor access, and health and safety, such as--
                            (i) improvements of trails, including 
                        trails used for hiking, biking, and off-highway 
                        vehicles;
                            (ii) water system improvements; and
                            (iii) personal sanitation facilities 
                        improvements;
                    (B) interpretation, visitor information, visitor 
                services, visitor needs assessments, mapping, signage, 
                Leave-No-Trace materials, and wilderness rangers;
                    (C) habitat restoration directly related to 
                recreation, such as improving habitat around trails 
                converted from closed or decommissioned forest roads 
                under section 306;
                    (D) law enforcement related to public use and 
                recreation, such as law enforcement at recreation 
                events, search and rescue operations, illegal trail 
                building investigations, and enforcement;
            (2) propose projects described in paragraph (1) to the 
        Secretary;
            (3) recommend the funding levels for projects described in 
        paragraph (1) to be derived from the special account 
        established under section 302; and
            (4) provide opportunities for citizens, organizations, 
        Indian tribes, the Forest Service, and other interested parties 
        to participate openly and meaningfully, beginning at the early 
        stages of the development of projects described in paragraph 
        (1).
    (c) Appointment.--
            (1) Appointment and term.--The Regional Forester, acting on 
        behalf of the Secretary of Agriculture, shall appoint the 
        members of the Advisory Council for a term of three years 
        beginning on the date of appointment. A member may be 
        reappointed to subsequent three-year terms.
            (2) Initial appointment.--The Regional Forester shall make 
        initial appointments to the Advisory Council not later than 180 
        days after the date of the enactment of this Act.
            (3) Vacancies.--The Regional Forester shall make 
        appointments to fill vacancies on the Advisory Council as soon 
        as practicable after the vacancy has occurred.
            (4) Compensation.--Members of the Advisory Council shall 
        not receive any compensation for their service on the council.
    (d) Composition of Advisory Council.--The Advisory Council shall be 
composed of 13 members, selected so that the following activities and 
interest groups are represented:
            (1) Summer non-mechanized recreation, such as hiking.
            (2) Winter non-motorized recreation, such as snowshoeing 
        and backcountry skiing.
            (3) Mountain biking.
            (4) Hunting and fishing.
            (5) Summer motorized recreation, such as off-highway 
        vehicle use.
            (6) Local environmental groups.
            (7) Winter motorized recreation, such as snowmobiling.
            (8) Permitted ski areas.
            (9) Forest products industry.
            (10) Affected Indian tribes.
            (11) Local government interests, such as a county 
        commissioner or city mayor in an elected position representing 
        a county or city directly adjacent or included within Mount 
        Hood National Forest.
            (12) A resident of Government Camp.
            (13) The State of Oregon.
    (e) Chairperson.--The chairperson of the Advisory Council shall be 
selected by a majority of the council.
    (f) Other Council Authorities and Requirements.--
            (1) Staff assistance.--The Secretary of Agriculture shall 
        provide staff assistance to the Advisory Council from Federal 
        employees under the jurisdiction of the Secretary.
            (2) Meetings.--All meetings of the Advisory Council shall 
        be announced at least one week in advance in a local newspaper 
        of record and shall be open to the public.
            (3) Records.--The Advisory Council shall maintain records 
        of the meetings of the council and make the records available 
        for public inspection.
    (g) Limitation on Administrative Assistance.--Not more than five 
percent of the funds allocated under section 303(b)(1) to Mount Hood 
National Forest for a fiscal year may be used to provide administrative 
assistance to the Advisory Council during that fiscal year.

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

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

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

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

                        TITLE IV--TRANSPORTATION

SEC. 401. PURPOSE.

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

SEC. 402. MOUNT HOOD REGION DEFINED.

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

SEC. 403. TRANSPORTATION PLAN.

    (a) Forest Service Participation.--The Secretary of Agriculture is 
authorized and directed to work with the State of Oregon to develop an 
integrated, multi-modal transportation plan for the Mount Hood region.
    (b) Planning Process.--The transportation plan shall conform with 
Federal and Oregon transportation planning requirements and be the 
product of a collaborative process, preferably through the use of a 
commission composed of interested persons appointed by the State, with 
representation from the Forest Service and local governments in the 
Mount Hood region.
    (c) Scope of Plan.--The transportation plan shall address both--
            (1) transportation of people to and from areas outside the 
        Mount Hood region on major corridors traversing the region; and
            (2) transportation of people from place to place within the 
        Mount Hood region.
    (d) Specific Elements of Plan.--At a minimum, the transportation 
plan shall consider the following:
            (1) Transportation alternatives between and among 
        recreation areas and gateway communities within the Mount Hood 
        region.
            (2) Park and ride facilities at gateway communities.
            (3) Intermodal transportation centers to link public 
        transportation, parking, and recreation destinations.
            (4) A new interchange on Highway 26 in or near Government 
        Camp.
            (5) Designation, maintenance, and improvements of 
        alternative routes utilizing Forest Service and or State roads 
        for emergency routes or improved access to, and travel within, 
        the Mount Hood region.
            (6) Reconstruction of Highway 35 from Mineral Creek to 
        Baseline Road to address ongoing debris flow locations.
            (7) Mechanisms for funding implementation of the plan, 
        including Federal grants or appropriations, public-private 
        partnerships, incremental tax financing, and other financing 
        tools that link transportation infrastructure improvements with 
        development.
    (e) Completion.--The transportation plan shall be completed within 
two years after the date on which funds are first made available under 
subsection (f) for the plan.
    (f) Funding Source.--Of the amounts appropriated under section 1117 
of the Safe, Accountable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users (Public Law 109-59; 23 U.S.C. 101 note; 119 
Stat. 1177) for the Transportation, Community, and System Preservation 
Program, $2,000,000 shall be made available to the State of Oregon for 
the preparation of the transportation plan for the Mount Hood region.

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

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

               TITLE V--FOREST AND WATERSHED STEWARDSHIP

SEC. 501. PURPOSE.

    The purpose of this title is to promote forested landscapes 
resilient to catastrophic fire, insects, and disease, to protect homes 
and communities from property damage and threats to public safety, and 
to protect and enhance existing community or municipal watersheds.

SEC. 502. FOREST STEWARDSHIP PLAN.

    (a) Preparation of Plan.--The Secretary of Agriculture shall 
prepare a plan to address those areas of Mount Hood National Forest 
with a high incidence of insect or disease infestation (or both), 
heavily overstocked tree stands, or moderate-to-high risk of unnatural 
catastrophic wildfire for the purpose of improving condition class, 
which significantly improves the forest health and water quality.
    (b) Improved Mapping.--The preparation of the forest stewardship 
plan may include improved mapping of condition class 2 and condition 
class 3 areas and other areas identified in subsection (a) in Mount 
Hood National Forest.
    (c) Public Participation.--The Secretary of Agriculture shall 
prepare the forest stewardship plan in coordination with the resource 
advisory committee established under section 205 of the Secure Rural 
Schools and Community Self-Determination Act of 2000 (Public 106-393; 
16 U.S.C. 500 note) for Mount Hood National Forest and the public. 
Section 6(d) of the Forest and Rangeland Renewable Resources Planning 
Act of 1974 (16 U.S.C. 1604(d)) also shall apply to the preparation 
(and any revision) of the plan.
    (d) Completion.--The Secretary of Agriculture shall complete 
development of the forest stewardship plan not later than one year 
after the date of the enactment of this Act.
    (e) Duration of Plan.--The forest stewardship plan shall cover a 
10-year period.
    (f) Implementation.--The Secretary of Agriculture shall commence 
implementation of the forest stewardship plan not later than one year 
after completion of the plan. The plan is intended to be implemented 
using existing authorities available to the Secretary to manage Mount 
Hood National Forest to achieve the purpose specified in subsection 
(a). Nothing in this section grants the Secretary any authority to 
manage the national forest contrary to existing law.

SEC. 503. SUSTAINABLE BIOMASS UTILIZATION STUDY.

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

SEC. 504. WATERSHED MANAGEMENT MEMORANDUMS OF UNDERSTANDING.

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

          TITLE VI--CRYSTAL SPRINGS WATERSHED MANAGEMENT UNIT

SEC. 601. PURPOSE.

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

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

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

SEC. 603. ADMINISTRATION OF MANAGEMENT UNIT.

    (a) General Applicability of Existing Laws.--Except as provided in 
this title, all other laws and regulations affecting National Forest 
System lands shall continue to apply to the National Forest System 
lands included in the Management Unit.
    (b) Authorized Activities.--
            (1) Process for allowing activities.--Only activities 
        described in this subsection may occur in the Management Unit, 
        and the Secretary of Agriculture may permit an activity 
        described in this subsection to occur in the Management Unit 
        only after the Secretary--
                    (A) obtains the review and opinions of the Crystal 
                Springs Water District regarding the effect of the 
                activity on the purposes of the Management Unit;
                    (B) complies with all applicable Federal law 
                regarding development and implementation of the 
                activity; and
                    (C) provides advance notice, an opportunity to 
                comment, and appeal rights regarding the activity to 
                the general public.
            (2) Recreation.--The Secretary may continue to maintain 
        recreational opportunities and trails, in existence as of the 
        effective date specified in section 605, within their existing 
        and historic footprints.
            (3) Lease of certain improvements.--The Secretary may lease 
        improvements and facilities, in existence as of the effective 
        date specified in section 605, within their existing and 
        designated footprints to one or more concessionaires.
            (4) Sale of certain improvements.--The Secretary may sell 
        the improvements and facilities known as the Inn at Cooper Spur 
        and the Cooper Spur Ski Area, as provided by subtitle A of 
        title VIII.
            (5) Road maintenance.--Subject to subsection (d), the 
        Secretary may maintain roads, in existence as of the effective 
        date specified in section 605. Maintenance may include the 
        installation of culverts and drainage improvements and other 
        similar activities.
            (6) Fuel reduction in proximity to improvements.--The 
        Secretary may permit non-commercial and pre-commercial fuel 
        reduction up to 400 feet from historic and other structures on 
        National Forest System land and homes on adjacent private 
        lands.
            (7) Other fuel reduction and forest health activities.--The 
        Secretary may conduct fuel reduction and forest health 
        management activities, with priority given to activities that 
        restore previously harvested stands using non-commercial and 
        pre-commercial means, including the removal of logging slash, 
        smaller diameter material, and ladder fuels. The purpose of any 
        fire risk reduction or forest health management activity 
        conducted in the Management Unit shall be the maintenance and 
        restoration of late-successional fire-resilient forest 
        structures containing multi-storied canopies and the protection 
        of water quality, water quantity, scenic, cultural natural and 
        wildlife values. For purposes of this paragraph and paragraph 
        (6), pre-commercial activities mean the cutting of smaller 
        diameter trees from younger stands for the purposes specified 
        in this paragraph and does not preclude the sale of trees cut 
        for firewood or other similar useful purposes.
    (c) Specifically Prohibited Activities.--The following activities 
may not occur in the Management Unit, whether separately or as part of 
an activity authorized by subsection (b):
            (1) New road construction or renovation of existing unused 
        roads.
            (2) Commercial timber harvesting.
            (3) Domestic livestock grazing.
            (4) The placement or maintenance of fuel storage tanks.
            (5) The application of any toxic chemicals, including 
        pesticides, rodenticides, herbicides, or retardants, for any 
        purpose, except with the consent of the Crystal Springs Water 
        District.
    (d) Management Plan.--In consultation with the Crystal Springs 
Water District, the Secretary of Agriculture shall adopt a management 
plan for the Management Unit that, while providing for the limited 
activities specifically authorized by subsection (b), protects the 
watershed from illegal dumping, human waste, fires, vandalism and other 
risks to water quality.
    (e) Forest Road Closures.--The Secretary of Agriculture may require 
the gating and closure to the general public of all Forest Service 
roads within the Management Unit, except for Cloud Cap Road (#Forest 
Road 3512).
    (f) Private Land.--Nothing in this section affects the use of, or 
access to, any private property in the Crystal Springs watershed by the 
owners of the private property and their guests.
    (g) Relationship With Water District.--Except as provided in this 
section, the Crystal Springs Water District has no authorities over 
management or use of National Forest System land included in the 
Management Unit.

SEC. 604. ACQUISITION OF LANDS.

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

SEC. 605. EFFECTIVE DATE.

    The Secretary of Agriculture shall establish the Management Unit 
within 30 days after the date of the final closing of the Cooper Spur-
Government Camp land exchange authorized by subtitle A of title VIII. 
The Management Unit may not be established before final closing of the 
land exchange.

               TITLE VII--LOCAL AND TRIBAL RELATIONSHIPS

SEC. 701. PURPOSE.

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

SEC. 702. FIRST FOODS GATHERING AREAS.

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

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

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

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

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

SEC. 705. IMPROVED NATURAL DISASTER PREPAREDNESS.

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

                      TITLE VIII--LAND CONVEYANCES

         Subtitle A--Cooper Spur-Government Camp Land Exchange

SEC. 801. PURPOSE.

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

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

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

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

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

SEC. 804. GENERAL PROVISIONS.

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

                    Subtitle B--Other Land Exchanges

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

    (a) Conveyance Required.--The Secretary of Agriculture shall convey 
to the Port of Cascade Locks, Cascade Locks, Oregon (in this section 
referred to as the ``Port''), all right, title, and interest of the 
United States in and to a parcel of National Forest System land in the 
Columbia River Gorge National Scenic Area consisting of approximately 
10 acres, as depicted on the map entitled ``_____'' and dated _____, 
2006.
    (b) Consideration.--As consideration for the conveyance under 
subsection (a), the Port shall convey to the United States all right, 
title, and interest of the Port in and to a parcel of land consisting 
of approximately 40 acres, as depicted on the map referred to in 
subsection (a). The acquisition of this land will ensure the continued 
integrity of the Pacific Crest National Scenic Trail in the vicinity of 
Cascade Locks and the public's ability to access the north Oregon 
entrance of the trail.
    (c) Equal Value Exchange.--The values of the land to be exchanged 
under this section shall be determined pursuant to an appraisal 
acceptable to the Secretary of Agriculture and the Port. If the values 
are not equal, they shall be equalized in the manner provided in 
section 206(b) of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1716(b)).
    (d) Applicable Law.--Except as otherwise provided in this section, 
the exchange of Federal land under this section is subject to the 
existing laws and regulations applicable to the conveyance and 
acquisition of land under the jurisdiction of the Forest Service. It is 
anticipated that the Secretary of Agriculture will be able to carry out 
the land exchange without the promulgation of additional regulations.
    (e) Conditions on Acceptance.--Title to the non-Federal land to be 
acquired by the Secretary of Agriculture under this section must be 
acceptable to the Secretary, and the conveyances shall be subject to 
valid existing rights of record. The non-Federal land shall conform 
with the title approval standards applicable to Federal land 
acquisitions.
    (f) Legal Descriptions.--The exact acreage and legal description of 
the land to be exchanged under this section shall be determined by 
surveys satisfactory to the Secretary of Agriculture. The costs of any 
such survey, as well as other administrative costs incurred to execute 
the land exchange, shall be borne by the Secretary.
    (g) Completion of Land Exchange.--The Secretary of Agriculture 
shall complete all legal and regulatory processes required in 
connection with the conveyances under this section and complete the 
closing of the conveyances within eight months after the date of the 
enactment of this Act.
                                 <all>
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