IB 

Union Calendar No. 394 

114TH CONGRESS 

2D SESSION H. R. 3826 

[Report No. 114–514] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 23, 2015 

Mr. WALDEN (for himself and Mr. BLUMENAUER) introduced the following 

bill; which was referred to the Committee on Natural Resources 

APRIL 21, 2016 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on October 23, 2015] 


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•HR 3826 RH

A BILL 

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. 


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•HR 3826 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Mount Hood Cooper 

5 Spur Land Exchange Clarification Act’’. 

6 SEC. 2. COOPER SPUR LAND EXCHANGE CLARIFICATION 

7 AMENDMENTS. 

8 Section 1206(a) of the Omnibus Public Land Manage9 ment Act of 2009 (Public Law 111–11; 123 Stat. 1018) is 

10 amended— 

11 (1) in paragraph (1)— 

12 (A) in subparagraph (C), by striking ‘‘120 

13 acres’’ and inserting ‘‘107 acres’’; and 

14 (B) in subparagraph (E)(ii), by inserting 

15 ‘‘improvements,’’ after ‘‘buildings,’’; and 

16 (2) in paragraph (2)— 

17 (A) in subparagraph (D)— 

18 (i) in clause (i), by striking ‘‘As soon 

19 as practicable after the date of enactment of 

20 this Act, the Secretary and Mt. Hood Mead21 ows shall select’’ and inserting ‘‘Not later 

22 than 120 days after the date of the enact23 ment of the Mount Hood Cooper Spur Land 

24 Exchange Clarification Act, the Secretary 

25 and Mt. Hood Meadows shall jointly select’’; 


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1 (ii) in clause (ii), in the matter pre2 ceding subclause (I), by striking ‘‘An ap3 praisal under clause (i) shall’’ and insert4 ing ‘‘Except as provided under clause (iii), 

5 an appraisal under clause (i) shall assign a 

6 separate value to each tax lot to allow for 

7 the equalization of values and’’; and 

8 (iii) by adding at the end the fol9 lowing: 

10 ‘‘(iii) FINAL APPRAISED VALUE.— 

11 ‘‘(I) IN GENERAL.—Subject to 

12 subclause (II), after the final appraised 

13 value of the Federal land and the non14 Federal land are determined and ap15 proved by the Secretary, the Secretary 

16 shall not be required to reappraise or 

17 update the final appraised value for a 

18 period of up to 3 years, beginning on 

19 the date of the approval by the Sec20 retary of the final appraised value. 

21 ‘‘(II) EXCEPTION.—Subclause (I) 

22 shall not apply if the condition of ei23 ther the Federal land or the non-Fed24 eral land referred to in subclause (I) is 


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1 significantly and substantially altered 

2 by fire, windstorm, or other events. 

3 ‘‘(iv) PUBLIC REVIEW.—Before com4 pleting the land exchange under this Act, 

5 the Secretary shall make available for pub6 lic review the complete appraisals of the 

7 land to be exchanged.’’; and 

8 (B) by striking subparagraph (G) and in9 serting the following: 

10 ‘‘(G) REQUIRED CONVEYANCE CONDI11 TIONS.—Prior to the exchange of the Federal and 

12 non-Federal land— 

13 ‘‘(i) the Secretary and Mt. Hood Mead14 ows may mutually agree for the Secretary 

15 to reserve a conservation easement to protect 

16 the identified wetland in accordance with 

17 applicable law, subject to the requirements 

18 that— 

19 ‘‘(I) the conservation easement 

20 shall be consistent with the terms of the 

21 September 30, 2015, mediation between 

22 the Secretary and Mt. Hood Meadows; 

23 and 

24 ‘‘(II) in order to take effect, the 

25 conservation easement shall be finalVerDate Sep 11 2014 20:24 Apr 21, 2016 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H3826.RH H3826

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1 ized not later than 120 days after the 

2 date of enactment of the Mount Hood 

3 Cooper Spur Land Exchange Clarifica4 tion Act; and 

5 ‘‘(ii) the Secretary shall reserve a 24- 

6 foot-wide nonexclusive trail easement at the 

7 existing trail locations on the Federal land 

8 that retains for the United States existing 

9 rights to construct, reconstruct, maintain, 

10 and permit nonmotorized use by the public 

11 of existing trails subject to the right of the 

12 owner of the Federal land— 

13 ‘‘(I) to cross the trails with roads, 

14 utilities, and infrastructure facilities; 

15 and 

16 ‘‘(II) to improve or relocate the 

17 trails to accommodate development of 

18 the Federal land. 

19 ‘‘(H) EQUALIZATION OF VALUES.— 

20 ‘‘(i) IN GENERAL.—Notwithstanding 

21 subparagraph (A), in addition to or in lieu 

22 of monetary compensation, a lesser area of 

23 Federal land or non-Federal land may be 

24 conveyed if necessary to equalize appraised 

25 values of the exchange properties, without 


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1 limitation, consistent with the requirements 

2 of this Act and subject to the approval of the 

3 Secretary and Mt. Hood Meadows. 

4 ‘‘(ii) TREATMENT OF CERTAIN COM5 PENSATION OR CONVEYANCES AS DONA6 TION.—If, after payment of compensation 

7 or adjustment of land area subject to ex8 change under this Act, the amount by which 

9 the appraised value of the land and other 

10 property conveyed by Mt. Hood Meadows 

11 under subparagraph (A) exceeds the ap12 praised value of the land conveyed by the 

13 Secretary under subparagraph (A) shall be 

14 considered a donation by Mt. Hood Mead15 ows to the United States.’’. 


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Union Calendar No. 394 

114TH CONGRESS 

2D SESSION H. R. 3826 

[Report No. 114–514] 

A BILL 

To amend the Omnibus Public Land Management 

in the State of Oregon. tain land exchanges in the Mt. Hood Wilderness Act of 2009 to modify provisions relating to cerAPRIL 21, 2016 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


sradovich on DSK3TPTVN1PROD with BILLS