[Senate Report 115-52]
[From the U.S. Government Publishing Office]


   							Calendar No. 65
   							
115th Congress}                                            { Report
                                 SENATE
 1st Session  }                                            { 115-52


======================================================================
 
         MOUNT HOOD COOPER SPUR LAND EXCHANGE CLARIFICATION ACT

                                _______
                                

                  May 9, 2017.--Ordered to be printed

                                _______
                                

        Ms. Murkowski, from the Committee on Energy and Natural 
                   Resources, submitted the following

                              R E P O R T

                         [To accompany S. 225]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 225) 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, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                                Purpose

    The purpose of S. 225 is 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.

                          Background and Need

    Section 1206 of the Omnibus Public Land Management Act of 
2009 (Public Law 111-11) included authorization for a land 
exchange to guide where future development would take place 
around Mount Hood. The land exchange would allow Federal land 
in Government Camp (120 acres) to be made available for 
development while protecting the larger parcel of non-Federal 
land at Cooper Spur (770 acres) under Federal ownership.
    Although the 2009 authority included language stating that 
it was the intent of Congress that the exchange be completed 
within 16 months after the date of enactment, over six years 
have passed without completion of the exchange. The long delay, 
which has been primarily due to an inability to agree on 
conservation easement terms to protect wetlands on the 
properties to be exchanged, has frustrated the local 
communities, Mt. Hood Meadows, and other interested parties.
    On September 30, 2015, the Forest Service and Mt. Hood 
Meadows engaged in a mediation session in an attempt to resolve 
the easement terms that were in dispute. Subsequently the 
parties released a joint statement that they were able to 
arrive at mutually satisfactory terms during the mediation 
session.
    S. 225 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 to be conveyed.

                          Legislative History

    Senators Wyden and Merkley introduced S. 225 on January 24, 
2017.
    An identical bill, H.R. 699, sponsored by Representative 
Walden, was introduced in the House of Representatives on 
January 24, 2017 and passed the House by a vote of 415-1 on 
February 27, 2017.
    In the 114th Congress, similar legislation, S. 2069, was 
introduced by Senators Wyden and Merkley on September 22, 2015. 
The Subcommittee on Public Lands, Forests, and Mining held a 
hearing on the bill on October 8, 2015. At its business meeting 
on November 19, 2015, the Committee on Energy and Natural 
Resources, on a voice vote, ordered S. 2069 favorably reported 
as amended.
    Similar legislation, H.R. 3826, was introduced in the House 
of Representatives in the 114th Congress by Rep. Walden on 
October 23, 2015, and was referred to the Committee on Natural 
Resources. H.R. 3826 passed in the House on June 8, 2016.
    The Committee on Energy and Natural Resources met in open 
business session on March 30, 2017, and ordered S. 225 and H.R. 
699 favorably reported.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on March 30, 2017, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
225.

                      Section-by-Section Analysis

    Section 1 contains the short title, ``Mount Hood Cooper 
Spur Land Exchange Clarification Act.''
    Section 2 amends section 1206(a) of the Omnibus Public Land 
Management Act of 2009 (Public Law 111-11; 123 Stat. 1018) to 
update the acreage of Forest Service land to be conveyed and 
add ``improvements'' to the definition of non-Federal land. The 
Secretary of Agriculture (Secretary) and Mt. Hood Meadows are 
given up to 120 days following the enactment of S. 225 to 
jointly select an appraiser to conduct appraisals of the 
Federal and non-Federal parcels of land. Separate values should 
be assigned to each tax lot, and these values will remain in 
effect for up to three years following their acceptance by the 
Secretary unless the condition of the Federal or non-Federal 
land changes significantly due to fire, windstorms, or other 
events. The Secretary is directed to make the appraisals 
available to the public prior to completing the land exchange.
    The section includes conveyance conditions to allow the 
Secretary and Mt. Hood Meadows to mutually agree on the 
reservation of a conservation easement to protect a wetland 
located on the Federal land in accordance with the terms of the 
September 30, 2015, mediation between the parties. The 
conservation easement is required to be finalized within 120 
days following enactment of S. 225. The updated conveyance 
conditions also direct the Secretary to reserve a 24-foot-wide, 
nonexclusive trail easement on the Federal land to be conveyed.
    If the appraised values of the Federal and non-Federal 
lands are not equal, monetary compensation may be made or an 
adjusted land area may be conveyed to equalize the values of 
the properties. If the value of the non-Federal land exceeds 
the value of the Federal land after payment of compensation or 
adjustment of the land area, it will be considered a donation 
by Mt. Hood Meadows to the United States.

                   Cost and Budgetary Considerations

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:

S. 225--Mount Hood Cooper Spur Land Exchange Clarification Act

    S. 225 would amend current law to modify the terms of a 
land exchange between the Forest Service and the Mt. Hood 
Meadows ski area in Oregon. The legislation would reduce the 
amount of land the agency would be authorized to convey to the 
ski area from 120 acres to 107 acres. The legislation also 
contains provisions aimed at expediting the exchange.
    Based on information provided by the Forest Service, CBO 
estimates that implementing the legislation would not affect 
the federal budget. Because CBO expects that enacting S. 225 
would not affect whether the exchange would occur or when it 
would take place, we estimate that enacting the legislation 
would not affect direct spending. Enacting the legislation also 
would not affect revenues. Therefore, pay-as-you-go procedures 
do not apply.
    CBO estimates that enacting S. 225 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    S. 225 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
The bill would modify the terms of a land exchange between the 
federal government and a private entity, which would have a 
small incidental effect on property taxes collected by local 
governments in Oregon. That effect, however, would not result 
from an intergovernmental mandate as defined in UMRA.
    On April 7, 2017, CBO transmitted a cost estimate for H.R. 
699, the Mount Hood Cooper Spur Land Exchange Clarification 
Act, as ordered reported by the Senate Committee on Energy and 
Natural Resources on March 30, 2017. S. 225 and H.R. 699 are 
similar and CBO's cost estimate for each piece of legislation 
is the same.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 225. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 225, as ordered reported.

                   Congressionally Directed Spending

    S. 225, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    Because S. 225 is similar to legislation considered by the 
Committee in the 114th Congress, the Committee did not request 
Executive Agency views. The testimony provided by the U.S. 
Forest Service at the hearing before the Subcommittee on Public 
Lands, Forests and Mining on October 8, 2015, follows:

 Statement of Glen Casamassa, Associate Deputy Chief, National Forest 
      System, U.S. Forest Service, U.S. Department of Agriculture

    S. 2069 concerns the Mount Hood Cooper Spur Land Exchange 
Clarification Act. We would like to work with the Committee and 
Sponsor to address several concerns. The Cooper Spur Land 
Exchange was initially authorized by the Omnibus Public Land 
Management Act of 2009. Clarifications are needed to move 
forward with the exchange.
    The following issues concern the Forest Service:
     The bill would require the Forest Service to 
reserve a 24-foot wide trail easement. The width of the 
easement would restrict the ability of the Forest Service to 
appropriately address reconstruction and repair needs of the 
trail, the drainage and soil protection features that go beyond 
the normal 3-4 foot tread path, and the loss of buffer between 
the trail and any non-federally owned building or facility 
adjacent to the trail.
     The bill would eliminate the requirement that the 
Forest Service reserve a conservation easement on the Federal 
land to be conveyed. We understand there may be state-level 
protections under the bill; however, the Forest Service will 
have no legal right or obligation to monitor and enforce the 
status of any of the identified wetlands after conveyance 
because the United States will have no property interest, such 
as a conservation easement, protecting the property. In 
addition, without a reserved federal interest like a 
conservation easement, Executive Order 1990 will become 
inapplicable to the lands once they leave federal ownership.
     The bill would require the joint selection of an 
appraiser by the Forest Service and Mount Hood Meadows within 
60 days after enactment of this legislation. Selection of an 
appraiser is not attainable within a 60 day period. The process 
to hire a non-agency appraiser must follow federal contracting 
regulations. The contracting process typically takes 120 days 
for contract selection.
     The bill would require the land exchange be 
completed within 1 year after passage of the legislation. It 
typically takes the better part of a year to just obtain an 
approved appraisal. Realistically, it will take more than 18 
months to complete the appraisal and all necessary analysis to 
complete the exchange.
    We look forward to working with the Committee and the 
Sponsor to resolve these issues. This concludes my remarks.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the original bill, as reported, are shown as follows (existing 
law proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009

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SEC. 1206. LAND EXCHANGES.

    (a) Cooper Spur-Government Camp Land Exchange.--
          (1) Definitions.--In this subsection:
                  (A) County.--The term ``County'' means Hood 
                River County, Oregon.
                  (B) Exchange map.--The term ``exchange map'' 
                means the map entitled ``Cooper Spur/Government 
                Camp Land Exchange'', dated June 2006.
                  (C) Federal land.--The term ``Federal land'' 
                means the approximately [120 acres] 107 acres 
                of National Forest System land in the Mount 
                Hood National Forest in Government Camp, 
                Clackamas County, Oregon, identified as ``USFS 
                Land to be Conveyed'' on the exchange map.
                  (D) Mt. hood meadows.--The term ``Mt. Hood 
                Meadows'' means the Mt. Hood Meadows Oregon, 
                Limited Partnership.
                  (E) Non-federal land.--The term ``non-Federal 
                land'' means--
                          (i) the parcel of approximately 770 
                        acres of private land at Cooper Spur 
                        identified as ``Land to be acquired by 
                        USFS'' on the exchange map; and
                          (ii) any buildings, improvements, 
                        furniture, fixtures, and equipment at 
                        the Inn at Cooper Spur and the Cooper 
                        Spur Ski Area covered by an appraisal 
                        described in paragraph (2)(D).
          (2) Cooper spur-government camp land exchange.--
                  (A) Conveyance of land.--Subject to the 
                provisions of this subsection, if Mt. Hood 
                Meadows offers to convey to the United States 
                all right, title, and interest of Mt. Hood 
                Meadows in and to the non-Federal land, the 
                Secretary shall convey to Mt. Hood Meadows all 
                right, title, and interest of the United States 
                in and to the Federal land (other than any 
                easements reserved under subparagraph (G)), 
                subject to valid existing rights.
                  (B) Compliance with existing law.--Except as 
                otherwise provided in this subsection, the 
                Secretary shall carry out the land exchange 
                under this subsection in accordance with 
                section 206 of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1716).
                  (C) Conditions on acceptance.--
                          (i) Title.--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.
                          (ii) Terms and conditions.--The 
                        conveyance of the Federal land and non-
                        Federal land shall be subject to such 
                        terms and conditions as the Secretary 
                        may require.
                  (D) Appraisals.--
                          (i) In general.--[As soon as 
                        practicable after the date of enactment 
                        of this Act, the Secretary and Mt. Hood 
                        Meadows shall select] 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 an appraiser to conduct 
                        an appraisal of the Federal land and 
                        non-Federal land.
                          (ii) Requirements.--[An appraisal 
                        under clause (i) shall] 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 be conducted in accordance with 
                        nationally recognized appraisal 
                        standards, including--
                                  (I) the Uniform Appraisal 
                                Standards for Federal Land 
                                Acquisitions; and
                                  (II) the Uniform Standards of 
                                Professional Appraisal 
                                Practice.
                          (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.
                  (E) Surveys.--
                          (i) In general.--The exact acreage 
                        and legal description of the Federal 
                        land and non-Federal land shall be 
                        determined by surveys approved by the 
                        Secretary.
                          (ii) Costs.--The responsibility for 
                        the costs of any surveys conducted 
                        under clause (i), and any other 
                        administrative costs of carrying out 
                        the land exchange, shall be determined 
                        by the Secretary and Mt. Hood Meadows.
                  (F) Deadline for completion of land 
                exchange.--It is the intent of Congress that 
                the land exchange under this subsection shall 
                be completed not later than 16 months after the 
                date of enactment of this Act.
                  [(G) Reservation of easements.--As a 
                condition of the conveyance of the Federal 
                land, the Secretary shall reserve--
                          [(i) a conservation easement to the 
                        Federal land to protect existing 
                        wetland, as identified by the Oregon 
                        Department of State Lands, that allows 
                        equivalent wetland mitigation measures 
                        to compensate for minor wetland 
                        encroachments necessary for the orderly 
                        development of the Federal land; and
                          [(ii) a trail easement to the Federal 
                        land that allows--
                                  [(I) nonmotorized use by the 
                                public of existing trails;
                                  [(II) roads, utilities, and 
                                infrastructure facilities to 
                                cross the trails; and
                                  [(III) improvement or 
                                relocation of the trails to 
                                accommodate development of the 
                                Federal land.]
                  (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 
                                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 
                        subjects to the rights 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.

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