II 

114TH CONGRESS 

1ST SESSION 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. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22, 2015 

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) by amending the text of subparagraph 

13 (C) to read as follows: ‘‘As a condition of the 

14 land exchange under this subsection, title to the 

15 non-Federal land to be acquired by the Sec16 retary under this subsection shall be acceptable 

17 to the Secretary.’’; 

18 (B) in subparagraph (D)— 

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

20 as practicable after the date of enactment 

21 of this Act, the Secretary and Mt. Hood 

22 Meadows shall select’’ and inserting ‘‘Not 

23 later than 60 days after the date of the en24 actment of the Mount Hood Cooper Spur 

25 Land Exchange Clarification Act, the SecVerDate Sep 11 2014 00:45 Sep 26, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2069.IS S2069

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1 retary and Mt. Hood Meadows shall jointly 

2 select’’; 

3 (ii) in clause (ii), in the matter pre4 ceding subclause (I), by striking ‘‘An ap5 praisal under clause (i) shall’’ and insert6 ing ‘‘Except as provided under clause (iii), 

7 an appraisal under clause (i) shall assign a 

8 separate value to each tax lot to allow for 

9 the equalization of values and’’; and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(iii) FINAL APPRAISED VALUE.— 

13 ‘‘(I) IN GENERAL.—Subject to 

14 subclause (II), after the final ap15 praised value of the Federal land and 

16 the non-Federal land are determined 

17 and approved by the Secretary, the 

18 Secretary shall not be required to re19 appraise or update the final appraised 

20 value for a period of up to 3 years, 

21 beginning on the date of the approval 

22 by the Secretary of the final appraised 

23 value. 

24 ‘‘(II) EXCEPTION.—Subclause (I) 

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1 ther the Federal land or the non-Fed2 eral land referred to in subclause (I) 

3 is significantly and substantially al4 tered by fire, windstorm, or other 

5 events. 

6 ‘‘(iv) PUBLIC REVIEW.—Before com7 pleting the land exchange under this Act, 

8 the Secretary shall make available for pub9 lic review the complete appraisals of the 

10 land to be exchanged.’’; 

11 (C) in subparagraph (F), by striking ‘‘16 

12 months after the date of enactment of this Act’’ 

13 and inserting ‘‘1 year after the date of the en14 actment of the Mount Hood Cooper Spur Land 

15 Exchange Clarification Act’’; and 

16 (D) by striking subparagraph (G) and in17 serting the following: 

18 ‘‘(G) REQUIRED CONVEYANCE CONDI19 TIONS.—Prior to the exchange of the Federal 

20 and non-Federal land— 

21 ‘‘(i) in full satisfaction of Executive 

22 Order 11990, Mt. Hood Meadows shall ob23 tain the concurrence of the Oregon Depart24 ment of State Lands with the identification 

25 of wetland boundaries on the Federal land 


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1 as designated on a wetland delineation re2 port prepared by an independent profes3 sional engineer registered in the State of 

4 Oregon so as to provide protection of the 

5 identified wetland according to applicable 

6 law; and 

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

8 foot-wide nonexclusive trail easement at 

9 the existing trail locations on the Federal 

10 land that retains for the United States ex11 isting rights to construct, reconstruct, 

12 maintain, and permit nonmotorized use by 

13 the public of existing trails subject to the 

14 right of the owner of the Federal land— 

15 ‘‘(I) to cross the trails with 

16 roads, utilities, and infrastructure fa17 cilities; and 

18 ‘‘(II) to improve or relocate the 

19 trails to accommodate development of 

20 the Federal land. 

21 ‘‘(H) EQUALIZATION OF VALUES.— 

22 ‘‘(i) IN GENERAL.—Notwithstanding 

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

24 of monetary compensation, a lesser area of 

25 Federal land or non-Federal land may be 


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1 conveyed if necessary to equalize appraised 

2 values of the exchange properties, without 

3 limitation, consistent with the require4 ments of this Act and subject to the ap5 proval of the Secretary and Mt. Hood 

6 Meadows. 

7 ‘‘(ii) TREATMENT OF CERTAIN COM8 PENSATION OR CONVEYANCES AS DONA9 TION.—If, after payment of compensation 

10 or adjustment of land area subject to ex11 change under this Act, the amount by 

12 which the appraised value of the land and 

13 other property conveyed by Mt. Hood 

14 Meadows under subparagraph (A) exceeds 

15 the appraised value of the land conveyed 

16 by the Secretary under subparagraph (A) 

17 shall be considered a donation by Mt. 

18 Hood Meadows to the United States.’’. 

Æ 


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