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S. 2069 (114th): Mount Hood Cooper Spur Land Exchange Clarification Act

The text of the bill below is as of Sep 22, 2015 (Introduced).


II

114th CONGRESS

1st Session

S. 2069

IN THE SENATE OF THE UNITED STATES

September 22, 2015

(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.

Short title

This Act may be cited as the Mount Hood Cooper Spur Land Exchange Clarification Act.

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)

by amending the text of subparagraph (C) to read as follows: As a condition of the land exchange under this subsection, title to the non-Federal land to be acquired by the Secretary under this subsection shall be acceptable to the Secretary.;

(B)

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 60 days 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)

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.

(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.

;

(C)

in subparagraph (F), by striking 16 months after the date of enactment of this Act and inserting 1 year after the date of the enactment of the Mount Hood Cooper Spur Land Exchange Clarification Act; and

(D)

by striking subparagraph (G) and inserting the following:

(G)

Required conveyance conditions

Prior to the exchange of the Federal and non-Federal land—

(i)

in full satisfaction of Executive Order 11990, Mt. Hood Meadows shall obtain the concurrence of the Oregon Department of State Lands with the identification of wetland boundaries on the Federal land as designated on a wetland delineation report prepared by an independent professional engineer registered in the State of Oregon so as to provide protection of the identified wetland according to applicable law; 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 the Secretary under subparagraph (A) shall be considered a donation by Mt. Hood Meadows to the United States.

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