II 

Calendar No. 65 

115TH CONGRESS 

1ST SESSION S. 225 

[Report No. 115–52] 

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 

MAY 9, 2017 

Reported by Ms. MURKOWSKI, without amendment 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Spur Land Exchange Clarification Act’’. 

4 SEC. 2. COOPER SPUR LAND EXCHANGE CLARIFICATION 

5 AMENDMENTS. 

6 Section 1206(a) of the Omnibus Public Land Man7 agement Act of 2009 (Public Law 111–11; 123 Stat. 

8 1018) is amended— 

9 (1) in paragraph (1)— 

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

11 acres’’ and inserting ‘‘107 acres’’; and 

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

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

14 (2) in paragraph (2)— 

15 (A) in subparagraph (D)— 

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

17 as practicable after the date of enactment 

18 of this Act, the Secretary and Mt. Hood 

19 Meadows shall select’’ and inserting ‘‘Not 

20 later than 120 days after the date of en21 actment of the Mount Hood Cooper Spur 

22 Land Exchange Clarification Act, the Sec23 retary and Mt. Hood Meadows shall jointly 

24 select’’; 

25 (ii) in clause (ii), in the matter pre26 ceding subclause (I), by striking ‘‘An apVerDate Sep 11 2014 22:34 May 09, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S225.RS S225

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1 praisal under clause (i) shall’’ and insert2 ing ‘‘Except as provided under clause (iii), 

3 an appraisal under clause (i) shall assign a 

4 separate value to each tax lot to allow for 

5 the equalization of values and’’; and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(iii) FINAL APPRAISED VALUE.— 

9 ‘‘(I) IN GENERAL.—Subject to 

10 subclause (II), after the final ap11 praised value of the Federal land and 

12 the non-Federal land are determined 

13 and approved by the Secretary, the 

14 Secretary shall not be required to re15 appraise or update the final appraised 

16 value for a period of up to 3 years, 

17 beginning on the date of the approval 

18 by the Secretary of the final appraised 

19 value. 

20 ‘‘(II) EXCEPTION.—Subclause (I) 

21 shall not apply if the condition of ei22 ther the Federal land or the non-Fed23 eral land referred to in subclause (I) 

24 is significantly and substantially alVerDate Sep 11 2014 22:34 May 09, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S225.RS S225

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1 tered by fire, windstorm, or other 

2 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 

12 and non-Federal land— 

13 ‘‘(i) the Secretary and Mt. Hood 

14 Meadows may mutually agree for the Sec15 retary to reserve a conservation easement 

16 to protect the identified wetland in accord17 ance with applicable law, subject to the re18 quirements that— 

19 ‘‘(I) the conservation easement 

20 shall be consistent with the terms of 

21 the September 30, 2015, mediation 

22 between the Secretary and Mt. Hood 

23 Meadows; and 

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

25 conservation easement shall be finalVerDate Sep 11 2014 22:34 May 09, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S225.RS S225

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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 Clari4 fication Act; and 

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

6 foot-wide nonexclusive trail easement at 

7 the existing trail locations on the Federal 

8 land that retains for the United States ex9 isting rights to construct, reconstruct, 

10 maintain, and permit nonmotorized use by 

11 the public of existing trails subject to the 

12 right of the owner of the Federal land— 

13 ‘‘(I) to cross the trails with 

14 roads, utilities, and infrastructure fa15 cilities; 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 require2 ments of this Act and subject to the ap3 proval of the Secretary and Mt. Hood 

4 Meadows. 

5 ‘‘(ii) TREATMENT OF CERTAIN COM6 PENSATION OR CONVEYANCES AS DONA7 TION.—If, after payment of compensation 

8 or adjustment of land area subject to ex9 change under this Act, the amount by 

10 which the appraised value of the land and 

11 other property conveyed by Mt. Hood 

12 Meadows under subparagraph (A) exceeds 

13 the appraised value of the land conveyed 

14 by the Secretary under subparagraph (A) 

15 shall be considered a donation by Mt. 

16 Hood Meadows to the United States.’’. 


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sradovich on DSK3GMQ082PROD with BILLS
Calendar No. 65 

115TH CONGRESS 

1ST SESSION S. 225 

[Report No. 115–52] 

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 cerMAY 9, 2017 

Reported without amendment 


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