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[Senate Report 114-191]
[From the U.S. Government Publishing Office]

                                                      Calendar No. 336
114th Congress    }                                      {      Report
                                 SENATE
 1st Session      }                                      {     114-191

======================================================================

 
         MOUNT HOOD COOPER SPUR LAND EXCHANGE CLARIFICATION ACT

                                _______
                                

               December 16, 2015.--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. 2069]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2069) 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 
with amendments and recommends that the bill, as amended, do 
pass.
    The amendments are as follows:
          1. On page 2, strike lines 12 through 17.
          2. On page 2, line 18, strike ``(b)'' and insert 
        ``(A)''.
          3. On page 2, line 23, strike ``60'' and insert 
        ``120''.
          4. On page 4, line 11, strike ``(C)'' and insert 
        ``(B)''.
          5. On page 4, line 16, strike ``(D)'' and insert 
        ``(C)''.
          6. Beginning on page 4, strike line 21 and all that 
        follows through page 5, line 6, and insert the 
        following:
                          ``(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''.

                                Purpose

    The purpose of S. 2069 is to amend section 1206 the Omnibus 
Public Land Management Act of 2009 to modify provisions 
relating to a land exchange between the Forest Service and the 
Mt. Hood Meadows Oregon Limited Partnership in the State of 
Oregon.

                          Background and Need

    Section 1206 of the Omnibus Public Land Management Act of 
2009 (P.L. 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 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. 2069 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

    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.

            Committee Recommendation and Tabulation of Votes

    The Senate Committee on Energy and Natural Resources, in 
open business session on November 19, 2015, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
2069, if amended as described herein.

                          Committee Amendments

    During its consideration of S. 2069, the Committee adopted 
several amendments, which: extend the timeline for selection of 
an appraiser from 60 to 120 days; address the protection of a 
wetland located on the Federal parcel through a conservation 
easement; and make technical and conforming edits.

                      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 (P.L. 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. 2069 to 
jointly select an appraiser to conduct appraisals of the 
Federal and non-Federal parcels of land. Separate values should 
be assigned to each parcel, 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 a provision that it is the intent of 
Congress that the exchange be completed within 12 months, and 
the conveyance conditions are updated 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. 2069. 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 a 
smaller amount of land 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 Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the report is available, the 
Chairman will request it to be printed in the Congressional 
Record for the advice of the Senate.

                      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. 2069. 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. 2069, as ordered reported.

                   Congressionally Directed Spending

    S. 2069, 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

    The testimony provided by the U.S. Forest Service at the 
October 8, 2015, hearing on S. 2069 follows:

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

    Mr. Chairman and members of the Subcommittee, thank you for 
the opportunity to present the views of the U.S. Department of 
Agriculture (USDA) regarding S. 414, S. 1592, and S. 2069.

 s. 414, ``california desert conservation and recreation act of 2015''

    The Department supports S. 414 and would like to work with 
the Committee and bill sponsor on several clarifications, some 
of which we will highlight in the testimony that follows. We 
defer to the Department of Interior regarding the provisions in 
this bill concerning lands under its management.
    The majority of National Forest System lands in S. 414, 
Title XIV (Sand to Snow National Monument) are within the San 
Gorgonio Wilderness Area on the San Bernardino National Forest 
(NF). The San Bernardino National Forest Land and Resource 
Management Plan (Forest Plan) was revised in 2006 and then 
amended in 2014 using an extensive public process. The proposed 
Monument and wilderness designations in S. 414, Title XIV, are 
closely aligned with recommended wilderness and forest 
management objectives included in the Forest Plan.
    S. 414 would designate approximately 62,648 acres of the 
San Bernardino National Forest, along with approximately 73,000 
acres administered by the Bureau of Land Management (BLM), as 
the Sand to Snow National Monument. The Monument would be 
managed jointly by both agencies. This approach has been 
successful for over 15 years on the Santa Rosa and San Jacinto 
Mountains National Monument in California. The purpose of the 
Monument would be to preserve the nationally significant 
biological, cultural, educational, geological, historic, 
scenic, and recreational values at the convergence of the 
Mojave and Colorado deserts and the San Bernardino Mountains.
    The 2014 Forest Plan Revision for the San Bernardino NF 
recognized the importance of wildlife connections and corridors 
to and from the Forest, as well as the significant biological, 
cultural, scenic and recreational values of the greater San 
Gorgonio Mountain ecosystem.
    The Department welcomes the opportunity to work with the 
Secretary of the Interior in jointly managing the proposed 
Monument using the different authorities and guidelines 
governing the National Forest and Bureau of Land Management 
lands designated within the Monument. Using a joint management 
model, the Secretaries would be responsible for separately 
managing lands under their jurisdictions. The Department 
recommends distinguishing between the Secretary of Agriculture 
and the Secretary of Interior in this legislation to avoid 
confusion about which sections of the bill pertain to National 
Forest System or BLM-administered lands.
    In Section 1403(b), the Department is asking the Committee 
and the bill sponsor to consider adding ``management'' to the 
general authority on Cooperative Agreements that could be used 
in the Monument. This change would allow the Forest Service to 
work with the BLM and the advisory committee in considering a 
Service First Agreement to manage the Monument. This approach 
is currently being used successfully on the Santa Rosa and San 
Jacinto Mountains National Monument.
    Section 1501(c), as added to the California Desert 
Protection Act of 1994 by S. 414, would designate a 7,141-acre 
wilderness addition on the west and south ends of the existing 
95,953-acre San Gorgonio Wilderness; this addition includes 
1,000 acres of private property owned by the Wildlands 
Conservancy. The area under consideration is currently an 
inventoried roadless area. The Department supports this 
wilderness addition as it would improve management efficiencies 
in this area, and would like to work with the Subcommittee to 
ensure the roadless areas can be consistently managed pursuant 
to this Act and the Wilderness Act
    Section 104(2)(209)(A) and Section 104(2)(210)(A) of this 
legislation would designate approximately 76.3 miles of the 
specified rivers as part of the National Wild and Scenic Rivers 
System. Of this total, approximately 34.5 miles of Deep Creek, 
including its principal tributary, Holcomb Creek, and 17.1 
miles of the North, Middle and South Forks of the Whitewater 
River are within the boundary of the San Bernardino National 
Forest and would be administered by the Forest Service. In 
order to ensure consistency with the current provisions of the 
Wild and Scenic Rivers Act and the 2014 Revision of the San 
Bernardino NF Plan, the Department would like to work with the 
Subcommittee to include some technical corrections in Section 
104(2).
    The Forest Service has found each of these rivers to be 
eligible for designation based on their free-flowing character 
and regionally important river-related values. The Department 
supports designation of these eligible rivers as Wild and 
Scenic based on general support from the communities of 
interest and consistency of designation with the management of 
National Forest System lands within the river corridors.
    Section 1406 of this bill would establish an advisory 
committee to provide advice on the development and 
implementation of the management plan for the proposed 
Monument, closely mirroring the successful approach of the 
Santa Rosa and San Jacinto Mountains National Monument. The 
Department believes an advisory committee would contribute 
greatly to the development of the management plan for the Sand 
to Snow National Monument. Given the length of time necessary 
to establish a committee under the Federal Advisory Committee 
Act, and the importance of creating a successful monument 
management plan, the Department requests the time frame for 
completing the plan be changed to three years after the 
advisory committee is established, rather than three years 
after the date of enactment of the bill.
    Finally, Section 1403(g)(4) of this legislation states that 
pending completion of the Monument management plan, the 
Secretary shall manage any Federal land and Federal interests 
in land within the boundary of the Monument in accordance with 
section 1.6D of the Bureau of Land Management manual numbered 
6220, dated July 13, 2012, and entitled ``National Monuments, 
National Conservation Areas, and Similar Designations.''
    The Department would like to work with the Committee and 
the bill sponsor on this section to ensure that interim 
management of the Monument is consistent with current uses 
occurring on both National Forest System and BLM-administered 
lands under the authorities, policies, and existing management 
plans of both the Forest Service and the BLM for such lands, 
and in a manner that is consistent with other applicable 
Federal laws.
    Title XIX of S. 414, Section 1905 (``Transfer of 
Administrative Jurisdiction''), would transfer administrative 
jurisdiction of over approximately 40 acres of National Forest 
System land to the BLM for inclusion in the proposed Alabama 
Hills National Scenic Area. This is an isolated parcel of land 
and the Department supports the transfer of administrative 
jurisdiction to the BLM.
    In Title XX--Miscellaneous, Section 105 (Conforming 
Amendments) the Department would like to work with the 
Committee and bill sponsor on proposed amendments to provisions 
of the California Desert Protection Act to address concerns 
related to effects on wilderness from activities outside the 
wilderness boundary.

 s. 1592, ``a bill to clarify the description of certain federal land 
    under the northern arizona land exchange and verde river basin 
   partnership act of 2005 to include additional land in the kaibab 
                           national forest''

    S. 1592 would authorize the Secretary of Agriculture to 
convey an additional 25 acres to Young Life Lost Canyon 
Organizational Camp. The Department can support enactment of S. 
1592, if a technical amendment is included that would provide 
an easement for a proposed extension for the Water Storage Tank 
Road.
    This legislation clarifies the Northern Arizona Land 
Exchange and Verde River Basin Partnership Act of 2005. The 
original Act authorized a land exchange with Yavapai Ranch and 
the United States that was not completed. The Act also 
authorized the sale of a parcel of National Forest System lands 
to Young Life Lost Canyon Organizational Camp on the Kaibab 
National Forest.
    The legislative map referenced by the Act for the Young 
Life private property showed an area of only approximately 212 
acres to be conveyed, instead of the approximately 237.5 acres 
stated in the Act. The area shown on the legislative map 
excluded a particular 25-acre parcel. Because the legislative 
map controlled over the reference to approximately 237.5 acres, 
the Act did not authorize conveyance of the 25-acre parcel 
excluded by the map. S. 1592 was introduced to clarify that 
conveyance of the 25-acre parcel is also authorized, allowing 
the United States to convey a total of approximately 237.5 
acres to Young Life.
    In summary, S. 1592 would resolve the disparity between the 
legislative map and the total acreage authorized for 
conveyance, allowing the Secretary to proceed with the direct 
sale of a total of approximately 237.5 acres to Young Life Lost 
Canyon Organizational Camp. In order to ensure agreement 
between the acreage and the legal description, the Agency is 
willing to provide additional technical assistance to the 
Committee, and wants to work with the Committee to include the 
easement for the Water Tank Road Extension.

  s. 2069, ``mount hood cooper spur land exchange clarification act''

    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. I would be happy to answer any 
questions. Thank you for the opportunity to testify.

                        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] 1 year after 
                the date of the enactment of the Mount Hood 
                Cooper Spur Land Exchange Clarification 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, 
                                that 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 construction, reconstruction, 
                        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 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.

           *       *       *       *       *       *       *

                                  [all]
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