Last Updated on September 22, 2021 by LawEuro
[115th Congress Public Law 110]
[From the U.S. Government Publishing Office]
[[Page 2269]]
MOUNT HOOD COOPER SPUR LAND EXCHANGE CLARIFICATION ACT
[[Page 131 STAT. 2270]]
Public Law 115-110
115th Congress
An Act
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. <<NOTE: Jan. 10, 2018 – [H.R. 699]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Mount Hood
Cooper Spur Land Exchange Clarification Act.>>
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 <<NOTE: Deadline.>> 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 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) <<NOTE: Time period. Effective
date.>> 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.
[[Page 131 STAT. 2271]]
“(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) <<NOTE: Conservation.>> 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) <<NOTE: Deadline.>> 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
[[Page 131 STAT. 2272]]
the Secretary under subparagraph (A) shall be
considered a donation by Mt. Hood Meadows to the
United States.”.
Approved January 10, 2018.
LEGISLATIVE HISTORY–H.R. 699 (S. 225):
—————————————————————————
SENATE REPORTS: Nos. 115-59 and 115-52, accompanying S. 225, (both from
Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 163 (2017):
Feb. 27, considered and passed House.
Dec. 21, considered and passed Senate.
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