[Congressional Record Volume 163, Number 34 (Monday, February 27, 2017)]
[House]
[Pages H1331-H1332]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         MOUNT HOOD COOPER SPUR LAND EXCHANGE CLARIFICATION ACT

  Mr. McCLINTOCK. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 699) 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 699

       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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. McClintock) and the gentlewoman from California (Mrs. 
Torres) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. McCLINTOCK. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and to 
include any extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. McCLINTOCK. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 699, the Mount Hood Cooper Spur Land Exchange 
Clarification Act, was introduced by Congressman Greg Walden and 
cosponsored by Congressman Earl Blumenauer to address an ongoing land 
exchange issue in the State of Oregon.
  In 2009, the Omnibus Public Land Management Act authorized a land 
exchange in Government Camp, Oregon. This land exchange was supposed to 
be completed within 16 months of the enactment of the legislation; 
however, this still has not occurred more than 7 years later. The long 
delay, primarily due to disagreements surrounding easement terms, has 
frustrated local communities such as Mt. Hood Meadows and other local 
groups.
  This legislation, along with the Senate companion, comes as a result 
of a mediation session held by the Forest Service in September 2015 to 
resolve longstanding issues between the agency and the local community. 
Subsequently, the parties released a joint statement that they arrived 
at mutually satisfactory terms during the mediation session.
  H.R. 699 updates the details and process for the land exchange to 
clarify issues relating to land appraisals and the parameters of a 
wetland conservation easement on the Federal portion of the conveyance. 
This legislation also includes several technical provisions, including 
changes to conveyance conditions regarding wetland boundaries on the 
Federal land, reservation of a nonexclusive trail easement, and 
equalization of values of the exchange properties.
  This bill was amended in committee last Congress to address concerns 
raised by the Forest Service, including clarifying language for the 
easement allowed in the bill and the length of time allowed for the 
Forest Service to implement this legislation.
  It is illustrative of the state of Federal Land Management that the 
Forest Service has not already carried out the provisions of this bill. 
This bill previously passed the House in September 2016, and it is my 
hope that the Senate will see fit to act on the legislation during this 
Congress.
  I appreciate Congressman Walden's continuous efforts to see this 
issue addressed once and for all, and I hope my colleagues will join me 
in supporting this bill. I urge adoption of the measure.
  I reserve the balance of my time.
  Mrs. TORRES. Mr. Speaker, I yield 4 minutes to the gentleman from 
Oregon (Mr. Blumenauer).
  Mr. BLUMENAUER. Mr. Speaker, it is a pleasure to be on the floor here 
this afternoon with my friend and colleague, Congressman Walden, who is 
going to talk at great length--maybe not, but he could.
  This represents, hopefully, the culmination of over 12 years' work. 
Congressman Walden and I spent a good deal of time with stakeholders 
back in Oregon focusing on what needed to be done to protect the 
treasure that is Mt. Hood and the surrounding wilderness area.
  It culminated with a hike that we took around Mt. Hood--a 3-day 
camping trip with Congressman Walden, his

[[Page H1332]]

family, our staff, having a series of meetings with people who cared 
about the work. It was, for me, one of the most memorable experiences I 
have had as a Member of the House, both in terms of the delightful 
experience we had enjoying that wilderness area, but also being able to 
focus on things that were concrete, that would make a difference.
  This is the remaining piece. In fact, it was 8 years ago in the first 
hours of the first Obama administration that the legislation that we 
worked on as part of the Wilderness Act was signed into law. And as has 
been referenced by our friend from California, we have been here before 
trying to complete this last piece.
  The land exchange is necessary to be able to fully realize the 
benefits of the hard work of the stakeholders, to preserve the 
recreational benefits, to preserve the water, to be able to have a true 
win-win situation. All that remains is this little exchange.
  I know my colleague is frustrated, as am I, that we have to be back 
here again with a piece of legislation. I am hopeful, as it was in the 
past, the House will approve, that our friends in the Senate will 
follow through, and that, somehow, this time it won't be a casualty in 
conference. It is important to be able to finish this land exchange to 
realize the potential of the hard work that people back in Oregon have 
done with us to be able to realize the benefit of this hard work.
  I actually will just stop at this point. I look forward to hearing 
from my friend. I look forward to making sure we get this across the 
finish line so that this important, bipartisan piece of legislation is 
finally enacted into law and that we have the Forest Service follow 
through on the last elements of this critical land exchange.
  Mr. McCLINTOCK. Mr. Speaker, I am now pleased to yield such time as 
he may consume to the gentleman from Oregon (Mr. Walden), the author of 
this measure, whose dogged determination has brought us within reach of 
resolving this dispute.
  Mr. WALDEN. Mr. Speaker and Ranking Member Torres, thank you for 
bringing this legislation to the floor once again.
  I want to elaborate a little bit on what my friend and colleague from 
Portland talked about. It was more than just a camping trip. It was 3 
nights with backpacks, 4 days, 41 miles, and 9,000 feet of gain and 
loss in elevation. We went all the way around Mt. Hood, which is an 
extraordinary piece of Oregon, and we had a wonderful time.
  Along the way, we had our ornithologist there; we had geologists 
there; we had biologists; we had advocates for wilderness and advocates 
for recreation. We were met by, I think it was, the Mazamas with 
watermelons. One afternoon, they hiked them up I don't know how many 
thousand feet to share with us. It was really a kind of Oregon-way 
experience, because we all care deeply about the watersheds, the jobs, 
the recreation, the beauty, the incredible piece of the world we live 
in around Mt. Hood.
  It is my home area. I grew up around the Hood River. This land 
exchange has been a battle since the 1970s, in a sense, in that my 
community long ago said: We don't want a lot of development up in this 
Crystal Springs watershed and in this very pristine area around the 
Hood River upper valley. It really belongs around the corner of Mt. 
Hood, up in Government Camp where there already is development.
  This fight has gone on for years; and all sides came together, as we 
did in our legislation, and said: We agree. And so we said: Fine, we 
will put that in the bill. They worked it out with the Forest Service 
and everybody else, and then we said: Okay. They have done the heavy 
lift for the last, I don't know, 30 years. Forest Service, you just 
make this transfer and do it in 16 months. That is what the law said.
  We are nearly 8 years later and this is still languishing; and, 
unfortunately, we are back trying again, because we are never going to 
quit until we are done. We are getting much closer.
  In fact, the law we passed back in 2009, Public Law 111-11, deals 
with this Public Lands Act. It said: ``Deadline for completion of land 
exchange. It is the intent of the Congress that the land exchange under 
this subsection shall be completed not later than 16 months after the 
date of enactment of this Act.''
  Again, that was back in 2009. It is important to protect this 
watershed. It is important that where development occurs, it occurs in 
the right places. We have always felt that way in Oregon. And, indeed, 
facilitating this exchange resolves a decades-long controversy and puts 
development where it belongs, protects a special area in the upper Hood 
River Valley that needs protection, and finally brings certainty and 
resolution.
  I hope you all will come out and see it, or you can come over to the 
Energy and Commerce Mt. Hood Room which soon will have a beautiful 
photograph there of Mt. Hood at Lost Lake, and I encourage you to come 
over. When you are tired of that, you can come over to the new Crater 
Lake room in the Energy and Commerce Committee suites as well. I have 
discovered being chairman of the full committee, you get to name 
rooms--at least briefly during your tenure--and show off some of the 
best aspects of your State.
  With that, Mr. Speaker, thank you for bringing this to the floor. I 
look forward to House passage, Senate passage, and getting this puppy 
signed into law.
  Mrs. TORRES. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 699 clarifies the terms of the land exchange 
between the Forest Service and Mt. Hood Meadows, a privately held ski 
resort. The exchange was authorized by Congress in 2009, but due to 
lack of clarity, here we are 7 years later and the exchange still has 
not been executed.
  Last year, the Forest Service and Mt. Hood Meadows engaged in 
mediation to resolve the issues that have held up the exchange. This 
bill is a result of that mediation, and its passage will ensure that, 
after 7 long years, the exchange will finally move forward.
  I want to thank the sponsors, Representative Walden and 
Representative Blumenauer from Oregon, for their hard work and 
commitment to resolving this issue.
  Last year, this bill passed the House and Senate as part of S. 2012. 
Given all the positive momentum this legislation has seen in recent 
years, I hope that we can get this bill across the finish line as soon 
as possible and finally complete the land exchange. I urge my 
colleagues to support this bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. McCLINTOCK. Mr. Speaker, we have no further speakers and yet 
another show of bipartisan comity.
  Mr. Speaker, I ask for adoption of this measure.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. McClintock) that the House suspend the 
rules and pass the bill, H.R. 699.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. McCLINTOCK. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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