II 

Calendar No. 336 

114TH CONGRESS 

1ST SESSION S. 2069 

[Report No. 114–191] 

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 

DECEMBER 16, 2015 

Reported by Ms. MURKOWSKI, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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) by amending the text of subparagraph 

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

17 land exchange under this subsection, title to the 

18 non-Federal land to be acquired by the Sec19 retary under this subsection shall be acceptable 

20 to the Secretary.’’; 

21 (B)(A) in subparagraph (D)— 

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

23 as practicable after the date of enactment 

24 of this Act, the Secretary and Mt. Hood 

25 Meadows shall select’’ and inserting ‘‘Not 

26 later than 60 120 days after the date of 


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1 the enactment of the Mount Hood Cooper 

2 Spur Land Exchange Clarification Act, the 

3 Secretary and Mt. Hood Meadows shall 

4 jointly select’’; 

5 (ii) in clause (ii), in the matter pre6 ceding subclause (I), by striking ‘‘An ap7 praisal under clause (i) shall’’ and insert8 ing ‘‘Except as provided under clause (iii), 

9 an appraisal under clause (i) shall assign a 

10 separate value to each tax lot to allow for 

11 the equalization of values and’’; and 

12 (iii) by adding at the end the fol13 lowing: 

14 ‘‘(iii) FINAL APPRAISED VALUE.— 

15 ‘‘(I) IN GENERAL.—Subject to 

16 subclause (II), after the final ap17 praised value of the Federal land and 

18 the non-Federal land are determined 

19 and approved by the Secretary, the 

20 Secretary shall not be required to re21 appraise or update the final appraised 

22 value for a period of up to 3 years, 

23 beginning on the date of the approval 

24 by the Secretary of the final appraised 

25 value. 


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1 ‘‘(II) EXCEPTION.—Subclause (I) 

2 shall not apply if the condition of ei3 ther the Federal land or the non-Fed4 eral land referred to in subclause (I) 

5 is significantly and substantially al6 tered by fire, windstorm, or other 

7 events. 

8 ‘‘(iv) PUBLIC REVIEW.—Before com9 pleting the land exchange under this Act, 

10 the Secretary shall make available for pub11 lic review the complete appraisals of the 

12 land to be exchanged.’’; 

13 (C)(B) in subparagraph (F), by striking 

14 ‘‘16 months after the date of enactment of this 

15 Act’’ and inserting ‘‘1 year after the date of the 

16 enactment of the Mount Hood Cooper Spur 

17 Land Exchange Clarification Act’’; and 

18 (D)(C) by striking subparagraph (G) and 

19 inserting the following: 

20 ‘‘(G) REQUIRED CONVEYANCE CONDI21 TIONS.—Prior to the exchange of the Federal 

22 and non-Federal land— 

23 ‘‘(i) in full satisfaction of Executive 

24 Order 11990, Mt. Hood Meadows shall ob25 tain the concurrence of the Oregon DepartVerDate Sep 11 2014 00:01 Dec 19, 2015 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S2069.RS S2069

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1 ment of State Lands with the identification 

2 of wetland boundaries on the Federal land 

3 as designated on a wetland delineation re4 port prepared by an independent profes5 sional engineer registered in the State of 

6 Oregon so as to provide protection of the 

7 identified wetland according to applicable 

8 law; and 

9 ‘‘(i) the Secretary and Mt. Hood Mead10 ows may mutually agree for the Secretary 

11 to reserve a conservation easement to protect 

12 the identified wetland in accordance with 

13 applicable law, subject to the requirements 

14 that— 

15 ‘‘(I) the conservation easement 

16 shall be consistent with the terms of the 

17 September 30, 2015, mediation between 

18 the Secretary and Mt. Hood Meadows; 

19 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 Clarifica25 tion 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.’’. 


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Calendar No. 336 

114TH CONGRESS 

1ST SESSION S. 2069 

[Report No. 114–191] 

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 cerDECEMBER 16, 2015 

Reported with amendments 


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