[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 699 Enrolled Bill (ENR)]
H.R.699
One Hundred Fifteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and seventeen
An Act
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)--
(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 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.''; and
(B) by striking subparagraph (G) and inserting the
following:
``(G) Required conveyance conditions.--Prior to the
exchange of the Federal and non-Federal land--
``(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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.