59–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–514 

MOUNT HOOD COOPER SPUR LAND EXCHANGE 

CLARIFICATION ACT 

APRIL 21, 2016.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. BISHOP of Utah, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 3826] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred 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, having considered the same, report favorably thereon with an amendment and 

recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

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 


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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 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.’’. 

PURPOSE OF THE BILL

The purpose of H.R. 3826 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 FOR LEGISLATION

Section 1206 of the Omnibus Public Land Management Act of 

2009 (Public Law 111–11) included authorization for a land exchange to allow development of 120 acres of federal land in Government Camp, Oregon, in exchange for 770 acres of non-federal land 

at Cooper Spur. Despite language in the 2009 law stating the inVerDate Sep 11 2014 05:57 Apr 22, 2016 Jkt 059006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR514.XXX HR514

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tent of Congress was for the exchange to be completed within 16 

months after the date of enactment, more than six years passed 

without completion of the exchange. 

On September 30, 2015, the Forest Service and Mt. Hood Meadows engaged in a mediation session in an attempt to resolve the 

easement terms in dispute. Subsequently, the parties released a 

joint statement that they arrived at mutually satisfactory terms 

during the mediation session. 

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. 

After the final appraised value of the Federal and nonfederal 

lands is determined and approved by the U.S. Department of Agriculture (USDA), the USDA shall not be required to reappraise or 

update such value for a period of up to three years, unless the condition of any of the lands is significantly and substantially altered 

by fire, windstorm, or other events. 

Conveyance conditions are revised regarding wetland boundaries 

on the Federal land, reservation of a nonexclusive trail easement, 

and equalization of values of the exchange properties. 

COMMITTEE ACTION

H.R. 3826 was introduced on October 23, 2015, by Congressman 

Greg Walden (R–OR). The bill was referred to the Committee on 

Natural Resources, and within the Committee, to the Subcommittee on Federal Lands. The Subcommittee held a hearing on 

the bill on February 25, 2016. On March 15, 2016, the Natural Resources Committee met to consider the bill. The Subcommittee was 

discharged by unanimous consent. Congressman Bruce Westerman 

(R–AR) offered an amendment designated #1. The amendment was 

adopted by unanimous consent. No other amendments were offered, 

and the bill, as amended, was ordered favorably reported to the 

House of Representatives by unanimous consent on March 16, 

2016. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(2)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the ComVerDate Sep 11 2014 05:57 Apr 22, 2016 Jkt 059006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR514.XXX HR514

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mittee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, April 20, 2016. 

Hon. ROB BISHOP, 

Chairman, Committee on Natural Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3826, the Mount Hood 

Cooper Spur Land Exchange Clarification Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Jeff LaFave. 

Sincerely, 

KEITH HALL, Director. 

Enclosure. 

H.R. 3826—Mount Hood Cooper Spur Land Exchange Clarification 

Act 

H.R. 3826 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 bill would reduce the amount of land 

the agency would be authorized to convey to the ski area from 120 

acres to 107 acres. The bill 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 the bill would not 

affect whether the exchange would occur or when it would take 

place, we estimate that enacting the bill would not affect direct 

spending. Enacting the bill also would not affect revenues. Therefore, pay-as-you-go procedures do not apply. CBO estimates that 

enacting H.R. 3826 would not increase net direct spending or onbudget deficits in any of the four consecutive 10-year periods beginning in 2027. 

H.R. 3826 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

On January 5, 2016, CBO transmitted a cost estimate for S. 

2069, 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, as ordered reported by the Senate Committee on Energy and Natural Resources 

on November 19, 2015. H.R. 3826 and S. 2069 are similar, and 

CBO’s estimates of the budgetary effects are 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. 

2. Section 308(a) of Congressional Budget Act. As required by 

clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974, 

this bill does not contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or 

tax expenditures. The Congressional Budget Office has concluded 


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that ‘‘implementing the legislation would not affect the federal 

budget.’’ 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill 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. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5 

Directed Rule Making. The Chairman does not believe that this 

bill directs any executive branch official to conduct any specific 

rule-making proceedings. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

SECTION 1206 OF THE 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. 


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(C) FEDERAL LAND.—The term ‘‘Federal land’’ means the 

approximately ø120 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.—øAs 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.—øAn 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— 


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(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 nonFederal 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. 

ø(G) RESERVATION OF EASEMENTS.—As a condition of the 

conveyance of the Federal land, the Secretary shall reserve— 

ø(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 

ø(ii) a trail easement to the Federal land that allows— 

ø(I) nonmotorized use by the public of existing 

trails; 

ø(II) roads, utilities, and infrastructure facilities 

to cross the trails; and 

ø(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— 


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(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 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 CON- VEYANCES 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. 

(b) PORT OF CASCADE LOCKS LAND EXCHANGE.— 

(1) DEFINITIONS.— In this subsection: 

(A) EXCHANGE MAP.—The term ‘‘exchange map’’ means 

the map entitled ‘‘Port of Cascade Locks/Pacific Crest National Scenic Trail Land Exchange’’, dated June 2006. 

(B) FEDERAL LAND.—The term ‘‘Federal land’’ means the 

parcel of land consisting of approximately 10 acres of National Forest System land in the Columbia River Gorge 

National Scenic Area identified as ‘‘USFS Land to be conveyed’’ on the exchange map. 

(C) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’ 

means the parcels of land consisting of approximately 40 

acres identified as ‘‘Land to be acquired by USFS’’ on the 

exchange map. 


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(D) PORT.—The term ‘‘Port’’ means the Port of Cascade 

Locks, Cascade Locks, Oregon. 

(2) LAND EXCHANGE, PORT OF CASCADE LOCKS-PACIFIC CREST

NATIONAL SCENIC TRAIL.— (A) CONVEYANCE OF LAND.—Subject to the provisions of 

this subsection, if the Port offers to convey to the United 

States all right, title, and interest of the Port in and to the 

non-Federal land, the Secretary shall, subject to valid existing rights, convey to the Port all right, title, and interest 

of the United States in and to the Federal land. 

(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). 

(3) CONDITIONS ON ACCEPTANCE.— 

(A) 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. 

(B) 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. 

(4) APPRAISALS.— (A) IN GENERAL.—As soon as practicable after the date 

of enactment of this Act, the Secretary shall select an appraiser to conduct an appraisal of the Federal land and 

non-Federal land. 

(B) REQUIREMENTS.—An appraisal under subparagraph 

(A) shall 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. 

(5) SURVEYS.— (A) 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. 

(B) COSTS.—The responsibility for the costs of any surveys conducted under subparagraph (A), and any other administrative costs of carrying out the land exchange, shall 

be determined by the Secretary and the Port. 

(6) 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. 

(c) HUNCHBACK MOUNTAIN LAND EXCHANGE AND BOUNDARY ADJUSTMENT.— (1) DEFINITIONS.—In this subsection: 

(A) COUNTY.— The term ‘‘County’’ means Clackamas 

County, Oregon. 

(B) EXCHANGE MAP.— The term ‘‘exchange map’’ means 

the map entitled ‘‘Hunchback Mountain Land Exchange, 

Clackamas County’’, dated June 2006. 


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(C) FEDERAL LAND.—The term ‘‘Federal land’’ means the 

parcel of land consisting of approximately 160 acres of National Forest System land in the Mount Hood National 

Forest identified as ‘‘USFS Land to be Conveyed’’ on the 

exchange map. 

(D) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’ 

means the parcel of land consisting of approximately 160 

acres identified as ‘‘Land to be acquired by USFS’’ on the 

exchange map. 

(2) HUNCHBACK MOUNTAIN LAND EXCHANGE.— 

(A) CONVEYANCE OF LAND.—Subject to the provisions of 

this paragraph, if the County offers to convey to the 

United States all right, title, and interest of the County in 

and to the non-Federal land, the Secretary shall, subject to 

valid existing rights, convey to the County all right, title, 

and interest of the United States in and to the Federal 

land. 

(B) COMPLIANCE WITH EXISTING LAW.—Except as otherwise provided in this paragraph, the Secretary shall carry 

out the land exchange under this paragraph 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 paragraph, title to the non-Federal land to 

be acquired by the Secretary under this paragraph 

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 shall select an appraiser to conduct an appraisal of the Federal land and non-Federal land. 

(ii) REQUIREMENTS.—An appraisal under clause (i) 

shall 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. 

(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 the County. 

(F) DEADLINE FOR COMPLETION OF LAND EXCHANGE.—It 

is the intent of Congress that the land exchange under this 


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paragraph shall be completed not later than 16 months 

after the date of enactment of this Act. 

(3) BOUNDARY ADJUSTMENT.— 

(A) IN GENERAL.— The boundary of the Mount Hood National Forest shall be adjusted to incorporate— 

(i) any land conveyed to the United States under 

paragraph (2); and 

(ii) the land transferred to the Forest Service by section 1204(h)(1). 

(B) ADDITIONS TO THE NATIONAL FOREST SYSTEM.—The 

Secretary shall administer the land described in subparagraph (A)— 

(i) in accordance with— 

(I) the Act of March 1, 1911 (commonly known 

as the ‘‘Weeks Law’’) (16 U.S.C. 480 et seq.); and 

(II) any laws (including regulations) applicable 

to the National Forest System; and 

(ii) subject to sections 1202(c)(3) and 1204(d), as applicable. 

(C) LAND AND WATER CONSERVATION FUND.— For the 

purposes of section 7 of the Land and Water Conservation 

Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the 

Mount Hood National Forest modified by this paragraph 

shall be considered to be the boundaries of the Mount 

Hood National Forest in existence as of January 1, 1965. 

(d) CONDITIONS ON DEVELOPMENT OF FEDERAL LAND. — 

(1) REQUIREMENTS APPLICABLE TO THE CONVEYANCE OF FEDERAL LAND.— 

(A) IN GENERAL.—As a condition of each of the conveyances of Federal land under this section, the Secretary 

shall include in the deed of conveyance a requirement that 

applicable construction activities and alterations shall be 

conducted in accordance with— 

(i) nationally recognized building and property 

maintenance codes; and 

(ii) nationally recognized codes for development in 

the wildland-urban interface and wildfire hazard mitigation. 

(B) APPLICABLE LAW.— To the maximum extent practicable, the codes required under subparagraph (A) shall 

be consistent with the nationally recognized codes adopted 

or referenced by the State or political subdivisions of the 

State. 

(C) ENFORCEMENT.— The requirements under subparagraph (A) may be enforced by the same entities otherwise 

enforcing codes, ordinances, and standards. 

(2) COMPLIANCE WITH CODES ON FEDERAL LAND.—The Secretary shall ensure that applicable construction activities and 

alterations undertaken or permitted by the Secretary on National Forest System land in the Mount Hood National Forest 

are conducted in accordance with— 

(A) nationally recognized building and property maintenance codes; and 


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(B) nationally recognized codes for development in the 

wildland-urban interface development and wildfire hazard 

mitigation. 

(3) EFFECT ON ENFORCEMENT BY STATES AND POLITICAL SUB- DIVISIONS.—Nothing in this subsection alters or limits the 

power of the State or a political subdivision of the State to implement or enforce any law (including regulations), rule, or 

standard relating to development or fire prevention and control. 

Æ 


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