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WILDERNESS AREAS Sec II 108TH CONGRESS 2D SESSION S. 2723 To designate certain land in the State of Oregon as wilderness, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY 22, 2004 Mr. WYDEN introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To designate certain land in the State of Oregon as wilderness, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 4 (a) SHORT TITLE.—This Act may be cited as the 5 ‘‘Lewis and Clark Mount Hood Wilderness Act of 2004’’. 6 (b) TABLE OF CONTENTS.—The table of contents of 7 this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I—DESIGNATION OF WILDERNESS AREAS Sec. 101. Lewis and Clark Mount Hood Wilderness Areas. 2 Sec. 102. General provisions. Sec. 103. Administration. Sec. 104. Buffer zones. Sec. 105. Fire safe community zones. Sec. 106. Gateway communities. Sec. 107. Fish and wildlife; hunting and fishing. Sec. 108. Fire, insects, and diseases. Sec. 109. Valid existing rights and withdrawal. TITLE II—DESIGNATION OF STREAMS FOR WILD AND SCENIC RIVER PROTECTION IN THE MOUNT HOOD AREA Sec. 201. Designation of portions of Hood River. Sec. 202. Designation of portions of Zigzag River. Sec. 203. Designation of portions of Eagle Creek. Sec. 204. Designation of portions of Fifteenmile Creek. Sec. 205. Conforming amendments. TITLE III—NATIONAL COMMISSION ON URBAN FORESTS Sec. 301. National Commission on Urban Forests. Sec. 302. Duties. Sec. 303. Powers. Sec. 304. Commission personnel matters. Sec. 305. Authorization of appropriations. Sec. 306. Termination of Commission. TITLE IV—MOUNT HOOD NATIONAL FOREST SOUTHSIDE WINTER RECREATION AREA Sec. 401. Identification. Sec. 402. Designation. TITLE V—MOUNTAIN BIKING PILOT PROJECT Sec. 501. Establishment. Sec. 502. Management goals. Sec. 503. Report to Congress. Sec. 504. Funding. Sec. 505. Termination of authority. TITLE VI—TRANSPORTATION AND COMMUNICATION SYSTEMS Sec. 601. Burial of power lines. Sec. 602. Culvert replacement. Sec. 603. Clarification of the treatment of state highway 35 under this Act. Sec. 604. Multipor overpass. TITLE VII—LAND EXCHANGE Sec. 701. Clackamas County land exchange. TITLE VIII—MOUNT HOOD NATIONAL FOREST THINNING Sec. 801. Establishment. Sec. 802. Precommercial thinning. Sec. 803. Westside Matrix forest plantations thinning for forest health. Sec. 804. Eastside thinning for forest health. •S 2723 IS 3 Sec. 805. Funding. Sec. 806. Termination of authority. TITLE IX—MISCELLANEOUS Sec. 901. Watershed management and restoration. Sec. 902. Bridges over wild and scenic rivers. Sec. 903. Middlefork irrigation district. Sec. 904. Protection of tribal rights. Sec. 905. Revenue retention. TITLE X—AUTHORIZATION OF APPROPRIATIONS Sec. 1001. Authorization of appropriations. 1 SEC. 2. FINDINGS. 2 Congress finds that— 3 (1) long before the arrival of Lewis and Clark, 4 Native Americans in the Oregon country lived amid 5 the wild splendor of the Cascade Mountains and the 6 Columbia River, where the waters teemed with fish, 7 game roamed the forests, and fruits and berries 8 were abundant; 9 (2) the Native Americans arrived in this bounti- 10 ful land from Asia by way of the Bering Sea and in- 11 habited the land in and around Mount Hood and the 12 Columbia Gorge; 13 (3) the tribes along the Columbia River were 14 part of the Chinook family; 15 (4) the people of the tribes— 16 (A) used canoes made from cedar logs; 17 (B) were expert fisherman; •S 2723 IS 4 1 (C) told fire legends about the mid-Colum- 2 bia volcanic peaks that featured warrior heroes, 3 fair ladies, and numerous gods; and 4 (D) knew Mount Hood as Wy’East, the 5 warrior whose passionate love caused the region 6 to be transformed as he hurled powerful vol- 7 canic fire in his quest for the love of the gentle 8 maiden Loo-wit, known today as Mount St. 9 Helens; 10 (5) traveling down the Columbia River in 1805, 11 the Lewis and Clark Corps of Discovery expedition 12 were awed by the unspoiled scenic splendors of the 13 Cascade Mountains and the Columbia River Gorge 14 cutting through the mountain rampart; 15 (6) on October 18, 1805, Clark recorded in his 16 Journal: ‘‘I ascended a high cliff, about 200 feet 17 above the water, from the top of which is a level 18 plain, extending up the river and off for a great ex- 19 tent. From this place I discovered a mountain of im- 20 mense height, covered with snow.’’; 21 (7) following Lewis and Clark, settlers came to 22 the Oregon territory on the Oregon Trail, trans- 23 forming more accessible portions of the wild land- 24 scape into farms, orchards, and small communities 25 utilizing the old-growth forests; •S 2723 IS 5 1 (8) in 1845, Oregon Trail pioneers Samuel K. 2 Barlow, Joel Palmer, and their parties opened the 3 Barlow Trail across Barlow Pass high on the south 4 slopes of Mount Hood, with Palmer writing on Octo- 5 ber 11, 2845: ‘‘I had never seen a sight so nobly 6 grand’’; 7 (9) even as the settlers transformed the wilder- 8 ness, this frontier land helped shape in the settlers 9 the characteristics of self-reliance, fortitude, hard 10 work, independence, and love of the land which the 11 people of Oregon and the entire United States cher- 12 ish to this day and wish to inculcate in their chil- 13 dren; 14 (10) the unprotected wilderness that remains in 15 the Mount Hood and Columbia River Gorge region 16 provides easily accessible outdoor recreation for the 17 descendants of the early settlers and more recent ar- 18 rivals; 19 (11) preserving wilderness assures the integrity 20 of the background and scenic views that enrich more 21 developed forms of recreational use, including down- 22 hill skiing and roadside enjoyment of sweeping wil- 23 derness scenery; 24 (12) designation as wilderness provides the 25 strongest congressional protection of scientific, cul- •S 2723 IS 6 1 tural, educational, environmental, scenic, and rec- 2 reational values that contribute long-term quality of 3 life and economic benefits to the people of Oregon, 4 visitors to Oregon, and local communities in and 5 around the Mount Hood National Forest, including 6 the wilderness-dependent wildlife, high water quality, 7 and resident and anadromous fish which thrive in 8 undisturbed ecosystems; 9 (13) the Mount Hood National Forest has be- 10 come 1 of 14 urban forests, which is a National For- 11 est that— 12 (A) is located within 50 miles of 1,000,000 13 or more people; and 14 (B) has a pressing need to— 15 (i) accommodate a large and growing 16 demand for visitation; and 17 (ii) address issues relating to— 18 (I) traffic congestion; 19 (II) a heightened urban/wildland 20 interface with many surrounding mu- 21 nicipalities; 22 (III) the presence of urban social 23 problems in the forest; 24 (IV) a pattern of high usage; and •S 2723 IS 7 1 (V) heavy day-use with a heavy 2 demand for recreation; 3 (14) the Mount Hood National Forest is the 4 8th most visited National Forest in the United 5 States; 6 (15) wilderness management is interrelated 7 with and will interface with the established activities 8 and management of adjacent land, particularly when 9 the land is high density recreation land; 10 (16) urban forests, such as the Mount Hood 11 National Forest, are also on the cutting edge of 12 recreation trends and therefore are often the proving 13 grounds for emerging technological developments in 14 outdoor recreation, including mountain biking; 15 (17) Mount Hood National Forest is predomi- 16 nantly used by the public for non-mechanized activi- 17 ties, such as hiking, camping, and fishing, which, ac- 18 cording to the Mount Hood National Forest Man- 19 agement Plan, are projected to increase dramatically 20 over time; 21 (18) the Land and Resource Management Plan 22 for Mount Hood National Forest provides that ‘‘the 23 present capability to supply recreational opportuni- 24 ties such as hiking on trails in primitive and semi- •S 2723 IS 8 1 primitive non-motorized areas is predicted to fall 2 short of satisfying demand’’; 3 (19) according to the plan described in para- 4 graph (18), the Mount Hood National Forest— 5 (A) provides resources for nearly 2 times 6 the current demand for developed recreation 7 such as skiing, power boating, and sightseeing 8 by car; but 9 (B) meets less than 2⁄3 of the demand for 10 backcountry recreation; 11 (20) the Management Plan for Mount Hood 12 National Forest projects that by 2040, the Mount 13 Hood National Forest will only meet 16 percent of 14 the demand for wilderness recreation, while meeting 15 over 100 percent of the demand for mechanized 16 recreation; 17 (21) the management of the Mount Hood Na- 18 tional Forest should address practical, site specific 19 situations in a manner that supports wilderness and 20 the general environmental, economic, and community 21 related welfare of the mountain; 22 (22) because the Mount Hood National Forest 23 provides drinking water for over 16 communities and 24 over 40 percent of Oregon residents, management of 25 the Mount Hood National Forest needs to take into •S 2723 IS 9 1 consideration plans developed by local watershed 2 councils in managing the forest; and 3 (23) management activities on the Mount Hood 4 National Forest should focus on the restoration of 5 previously logged, even-aged plantations, and stands 6 requiring management to return the plantations and 7 stands to a natural healthy condition not currently 8 exhibited due to insects, disease, and fire, because— 9 (A) the Mount Hood National Forest has 10 a backlog of thousands of acres of National 11 Forest System land that can be restored 12 through an aggressive thinning program; and 13 (B) the thinning of Mount Hood National 14 Forest could create and maintain— 15 (i) jobs for Hood River County, 16 Clackamas County, and Wasco County, 17 Oregon; and 18 (ii) general revenue for the economy 19 of the State of Oregon.
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