[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2069 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 336
114th CONGRESS
  1st Session
                                S. 2069

                          [Report No. 114-191]

   To amend the Omnibus Public Land Management Act of 2009 to modify 
     provisions relating to certain land exchanges in the Mt. Hood 
                   Wilderness in the State of Oregon.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 22, 2015

Mr. Wyden (for himself and Mr. Merkley) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                           December 16, 2015

               Reported by Ms. Murkowski, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
   To amend the Omnibus Public Land Management Act of 2009 to modify 
     provisions relating to certain land exchanges in the Mt. Hood 
                   Wilderness in the State of Oregon.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mount Hood Cooper Spur Land Exchange 
Clarification Act''.

SEC. 2. COOPER SPUR LAND EXCHANGE CLARIFICATION AMENDMENTS.

    Section 1206(a) of the Omnibus Public Land Management Act of 2009 
(Public Law 111-11; 123 Stat. 1018) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (C), by striking ``120 acres'' 
                and inserting ``107 acres''; and
                    (B) in subparagraph (E)(ii), by inserting 
                ``improvements,'' after ``buildings,''; and
            (2) in paragraph (2)--
                <DELETED>    (A) by amending the text of subparagraph 
                (C) to read as follows: ``As a condition of the land 
                exchange under this subsection, title to the non-
                Federal land to be acquired by the Secretary under this 
                subsection shall be acceptable to the 
                Secretary.'';</DELETED>
                    (B)(A) in subparagraph (D)--
                            (i) in clause (i), by striking ``As soon as 
                        practicable after the date of enactment of this 
                        Act, the Secretary and Mt. Hood Meadows shall 
                        select'' and inserting ``Not later than 60 120 
                        days after the date of the enactment of the 
                        Mount Hood Cooper Spur Land Exchange 
                        Clarification Act, the Secretary and Mt. Hood 
                        Meadows shall jointly select'';
                            (ii) in clause (ii), in the matter 
                        preceding subclause (I), by striking ``An 
                        appraisal under clause (i) shall'' and 
                        inserting ``Except as provided under clause 
                        (iii), an appraisal under clause (i) shall 
                        assign a separate value to each tax lot to 
                        allow for the equalization of values and''; and
                            (iii) by adding at the end the following:
                            ``(iii) Final appraised value.--
                                    ``(I) In general.--Subject to 
                                subclause (II), after the final 
                                appraised value of the Federal land and 
                                the non-Federal land are determined and 
                                approved by the Secretary, the 
                                Secretary shall not be required to 
                                reappraise or update the final 
                                appraised value for a period of up to 3 
                                years, beginning on the date of the 
                                approval by the Secretary of the final 
                                appraised value.
                                    ``(II) Exception.--Subclause (I) 
                                shall not apply if the condition of 
                                either the Federal land or the non-
                                Federal land referred to in subclause 
                                (I) is significantly and substantially 
                                altered by fire, windstorm, or other 
                                events.
                            ``(iv) Public review.--Before completing 
                        the land exchange under this Act, the Secretary 
                        shall make available for public review the 
                        complete appraisals of the land to be 
                        exchanged.'';
                    (C)(B) in subparagraph (F), by striking ``16 months 
                after the date of enactment of this Act'' and inserting 
                ``1 year after the date of the enactment of the Mount 
                Hood Cooper Spur Land Exchange Clarification Act''; and
                    (D)(C) by striking subparagraph (G) and inserting 
                the following:
                    ``(G) Required conveyance conditions.--Prior to the 
                exchange of the Federal and non-Federal land--
                        <DELETED>    ``(i) in full satisfaction of 
                        Executive Order 11990, Mt. Hood Meadows shall 
                        obtain the concurrence of the Oregon Department 
                        of State Lands with the identification of 
                        wetland boundaries on the Federal land as 
                        designated on a wetland delineation report 
                        prepared by an independent professional 
                        engineer registered in the State of Oregon so 
                        as to provide protection of the identified 
                        wetland according to applicable law; 
                        and</DELETED>
                            ``(i) the Secretary and Mt. Hood Meadows 
                        may mutually agree for the Secretary to reserve 
                        a conservation easement to protect the 
                        identified wetland in accordance with 
                        applicable law, subject to the requirements 
                        that--
                                    ``(I) the conservation easement 
                                shall be consistent with the terms of 
                                the September 30, 2015, mediation 
                                between the Secretary and Mt. Hood 
                                Meadows; and
                                    ``(II) in order to take effect, the 
                                conservation easement shall be 
                                finalized not later than 120 days after 
                                the date of enactment of the Mount Hood 
                                Cooper Spur Land Exchange Clarification 
                                Act; and
                            ``(ii) the Secretary shall reserve a 24-
                        foot-wide nonexclusive trail easement at the 
                        existing trail locations on the Federal land 
                        that retains for the United States existing 
                        rights to construct, reconstruct, maintain, and 
                        permit nonmotorized use by the public of 
                        existing trails subject to the right of the 
                        owner of the Federal land--
                                    ``(I) to cross the trails with 
                                roads, utilities, and infrastructure 
                                facilities; and
                                    ``(II) to improve or relocate the 
                                trails to accommodate development of 
                                the Federal land.
                    ``(H) Equalization of values.--
                            ``(i) In general.--Notwithstanding 
                        subparagraph (A), in addition to or in lieu of 
                        monetary compensation, a lesser area of Federal 
                        land or non-Federal land may be conveyed if 
                        necessary to equalize appraised values of the 
                        exchange properties, without limitation, 
                        consistent with the requirements of this Act 
                        and subject to the approval of the Secretary 
                        and Mt. Hood Meadows.
                            ``(ii) Treatment of certain compensation or 
                        conveyances as donation.--If, after payment of 
                        compensation or adjustment of land area subject 
                        to exchange under this Act, the amount by which 
                        the appraised value of the land and other 
                        property conveyed by Mt. Hood Meadows under 
                        subparagraph (A) exceeds the appraised value of 
                        the land conveyed by the Secretary under 
                        subparagraph (A) shall be considered a donation 
                        by Mt. Hood Meadows to the United States.''.
                                                       Calendar No. 336

114th CONGRESS

  1st Session

                                S. 2069

                          [Report No. 114-191]

_______________________________________________________________________

                                 A BILL

   To amend the Omnibus Public Land Management Act of 2009 to modify 
     provisions relating to certain land exchanges in the Mt. Hood 
                   Wilderness in the State of Oregon.

_______________________________________________________________________

                           December 16, 2015

                        Reported with amendments