II 

115TH CONGRESS 

1ST SESSION 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. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2017 

Mr. WYDEN (for himself and Mr. MERKLEY) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

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. 

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’’. 


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1 SEC. 2. COOPER SPUR LAND EXCHANGE CLARIFICATION 

2 AMENDMENTS. 

3 Section 1206(a) of the Omnibus Public Land Man4 agement Act of 2009 (Public Law 111–11; 123 Stat. 

5 1018) is amended— 

6 (1) in paragraph (1)— 

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

8 acres’’ and inserting ‘‘107 acres’’; and 

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

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

11 (2) in paragraph (2)— 

12 (A) in subparagraph (D)— 

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

14 as practicable after the date of enactment 

15 of this Act, the Secretary and Mt. Hood 

16 Meadows shall select’’ and inserting ‘‘Not 

17 later than 120 days after the date of en18 actment of the Mount Hood Cooper Spur 

19 Land Exchange Clarification Act, the Sec20 retary and Mt. Hood Meadows shall jointly 

21 select’’; 

22 (ii) in clause (ii), in the matter pre23 ceding subclause (I), by striking ‘‘An ap24 praisal under clause (i) shall’’ and insert25 ing ‘‘Except as provided under clause (iii), 

26 an appraisal under clause (i) shall assign a 


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1 separate value to each tax lot to allow for 

2 the equalization of values and’’; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(iii) FINAL APPRAISED VALUE.— 

6 ‘‘(I) IN GENERAL.—Subject to 

7 subclause (II), after the final ap8 praised value of the Federal land and 

9 the non-Federal land are determined 

10 and approved by the Secretary, the 

11 Secretary shall not be required to re12 appraise or update the final appraised 

13 value for a period of up to 3 years, 

14 beginning on the date of the approval 

15 by the Secretary of the final appraised 

16 value. 

17 ‘‘(II) EXCEPTION.—Subclause (I) 

18 shall not apply if the condition of ei19 ther the Federal land or the non-Fed20 eral land referred to in subclause (I) 

21 is significantly and substantially al22 tered by fire, windstorm, or other 

23 events. 

24 ‘‘(iv) PUBLIC REVIEW.—Before com25 pleting the land exchange under this Act, 


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1 the Secretary shall make available for pub2 lic review the complete appraisals of the 

3 land to be exchanged.’’; and 

4 (B) by striking subparagraph (G) and in5 serting the following: 

6 ‘‘(G) REQUIRED CONVEYANCE CONDI7 TIONS.—Prior to the exchange of the Federal 

8 and non-Federal land— 

9 ‘‘(i) the Secretary and Mt. Hood 

10 Meadows may mutually agree for the Sec11 retary to reserve a conservation easement 

12 to protect the identified wetland in accord13 ance with applicable law, subject to the re14 quirements that— 

15 ‘‘(I) the conservation easement 

16 shall be consistent with the terms of 

17 the September 30, 2015, mediation 

18 between the Secretary and Mt. Hood 

19 Meadows; and 

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

21 conservation easement shall be final22 ized not later than 120 days after the 

23 date of enactment of the Mount Hood 

24 Cooper Spur Land Exchange Clari25 fication Act; and 


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

2 foot-wide nonexclusive trail easement at 

3 the existing trail locations on the Federal 

4 land that retains for the United States ex5 isting rights to construct, reconstruct, 

6 maintain, and permit nonmotorized use by 

7 the public of existing trails subject to the 

8 right of the owner of the Federal land— 

9 ‘‘(I) to cross the trails with 

10 roads, utilities, and infrastructure fa11 cilities; and 

12 ‘‘(II) to improve or relocate the 

13 trails to accommodate development of 

14 the Federal land. 

15 ‘‘(H) EQUALIZATION OF VALUES.— 

16 ‘‘(i) IN GENERAL.—Notwithstanding 

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

18 of monetary compensation, a lesser area of 

19 Federal land or non-Federal land may be 

20 conveyed if necessary to equalize appraised 

21 values of the exchange properties, without 

22 limitation, consistent with the require23 ments of this Act and subject to the ap24 proval of the Secretary and Mt. Hood 

25 Meadows. 


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1 ‘‘(ii) TREATMENT OF CERTAIN COM2 PENSATION OR CONVEYANCES AS DONA3 TION.—If, after payment of compensation 

4 or adjustment of land area subject to ex5 change under this Act, the amount by 

6 which the appraised value of the land and 

7 other property conveyed by Mt. Hood 

8 Meadows under subparagraph (A) exceeds 

9 the appraised value of the land conveyed 

10 by the Secretary under subparagraph (A) 

11 shall be considered a donation by Mt. 

12 Hood Meadows to the United States.’’. 

Æ 


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