Text: H.R.699 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-110 (01/10/2018)

 
[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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