[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 699 Referred in Senate (RFS)]
<DOC>
115th CONGRESS
1st Session
H. R. 699
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2017
Received; read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
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.''.
Passed the House of Representatives February 27, 2017.
Attest:
KAREN L. HAAS,
Clerk.