[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
* * * * * * *
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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[all]