[Congressional Record (Bound Edition), Volume 162 (2016), Part 6]
[House]
[Pages 7920-7922]
[From the U.S. Government Publishing Office, www.gpo.gov]




         MOUNT HOOD COOPER SPUR LAND EXCHANGE CLARIFICATION ACT

  Mr. HARDY. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 3826) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3826

       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

[[Page 7921]]

     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 
Nevada (Mr. Hardy) and the gentleman from Missouri (Mr. Clay) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Nevada.


                             General Leave

  Mr. HARDY. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days to revise and extend their remarks and to include 
any extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Nevada?
  There was no objection.
  Mr. HARDY. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 3826, the Mount Hood Cooper Spur Land Exchange Clarification 
Act, was introduced by Congressmen Greg Walden and Earl Blumenauer to 
address the ongoing land exchange issues.
  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; 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 
Mount Hood Meadows and other local groups.
  H.R. 3826 comes as a result of a successful mediation session held by 
the Forest Service to resolve the longstanding issues between the 
agency and the local community. As a result of this exercise, H.R. 3826 
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 land in the conveyance.
  The bill was amended in committee 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 frustrating that the Forest Service 
has not already carried out the provisions of the 2009 act. I 
appreciate Congressman Walden's work to see this issue is addressed 
once and for all.
  I hope my colleagues will join in supporting this bill.
  I reserve the balance of my time.
  Mr. CLAY. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 3826 clarifies the terms of a land exchange between the Forest 
Service and Mount Hood Meadows, a privately held ski resort. Last year, 
the Forest Service and Mount Hood Meadows engaged in mediation to 
resolve the issues that have held up the exchange. This bill is the 
result of that mediation, and its passage will ensure that, after 6 
long years, the exchange will finally move forward.
  I want to thank the sponsors from Oregon, Representative Walden and 
Representative Blumenauer, for their hard work and commitment to 
resolving this issue.
  I urge my colleagues to support this bill.
  I reserve the balance of my time.
  Mr. HARDY. Mr. Speaker, I yield 3 minutes to the gentleman from 
Oregon (Mr. Walden).
  Mr. WALDEN. Mr. Speaker, I thank Mr. Clay and Mr. Hardy for their 
work and support of this very important legislation. I thank Mr. 
Grijalva and Chairman Bishop for bringing this bill to the floor, yet 
another Mount Hood bill.
  My colleague and friend from Oregon, Earl Blumenauer, and I actually 
backpacked 3 nights, 4 days around Mount Hood, 9,000 feet up and down, 
elevation gain and loss. We hiked with environmentalists, foresters, 
ornithologists, biologists, and geologists.
  We put together a big bipartisan legislative effort. It took 3\1/2\ 
years. Part of this effort was making sure that a very sensitive part 
around Mount Hood in the Crystal Springs watershed was exchanged out so 
that the development didn't occur there and it occurred in an area that 
already has development, a more appropriate setting. That is what this 
is really all about.
  The legislation that ultimately passed the Congress was a little 
different than what Representative Blumenauer and I started with 
because we feared this very result could happen, that it would be 
delayed for years and years and years because we have seen it happen 
before. Be that as it may, we are here today, 7 years later, after the 
Congress had told the agency to get this done in 16 months, which 
should be all the time that is necessary. Seven years later, we are 
back with a second piece of legislation, confirming the mediation, 
working this through so that we can get this exchange done 
thoughtfully, completely, and finally get this done.
  I see I am joined by the gentleman from Oregon (Mr. Blumenauer), who 
has been a real partner in this.
  The legislation directs the Forest Service to move ahead on 
implementing the underlying exchange. This is critical as it protects 
the Crystal Springs area, the water source for much of Hood River and 
the rest of the upper Hood River Valley as well. So it really does 
provide a much more thoughtful place where Mount Hood Meadows does 
their development and protects this very sensitive watershed from 
development.
  I urge my colleagues to support this legislation when it comes up for 
a vote. Let's get this done once and for all.
  Mr. CLAY. Mr. Speaker, I yield 3 minutes to the gentleman from Oregon 
(Mr. Blumenauer).
  Mr. BLUMENAUER. Mr. Speaker, I want to pick up where my friend, the 
gentleman from Oregon (Mr. Walden), left off.
  Congressman Walden and I worked for several years to try and deal 
with the preservation of a precious resource. Mount Hood is the 
dividing line between our two districts. We have a lot of personal 
history involved there, and it was really one of my most positive 
experiences in two decades of congressional service, zeroing in with 
the stakeholders--Native Americans, environmentalists, local 
government--trying to figure out the best protections for a very 
complicated area that is within easy driving distance of 4 million 
people. There were many strains and stresses and multiple stakeholders 
on the mountain itself.
  As he said, part of the delicate balance that was achieved was an 
opportunity for us to deal with this land exchange. It was a win-win 
situation for a variety of the stakeholders. It obviously is better for 
the environment. It settled long-simmering disputes that served 
nobody's interest but had actual potential for negative outcomes.
  This land exchange was part of what was envisioned. This was not just 
a bipartisan effort with my friend, the gentleman from Oregon (Mr. 
Walden), and myself. It was then Senator Smith and Senator Wyden, and 
now Senator Merkley and Senator Wyden have been partners in this. It is 
frustrating that we get to the point where it requires legislation to 
do something that was an integral part of this agreement.
  I am proud to join my friend in urging support for it. We want to get 
this passed and be able to capitalize on the vision that we worked so 
hard on to protect the mountain and all of the attendant interests. 
This land exchange is critical to it, and I am pleased that this 
legislation is finally on the floor, although I am frustrated that we 
have

[[Page 7922]]

to have legislation on the floor. Hopefully, this will enable us to 
finish this task.
  Mr. CLAY. Mr. Speaker, I have no further speakers.
  I yield back the balance of my time.
  Mr. WALDEN. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Nevada (Mr. Hardy) that the House suspend the rules and 
pass the bill, H.R. 3826, as amended.
  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. HARDY. 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.

                          ____________________