Sec. 1206. LAND EXCHANGES
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## SEC. 1206 LAND EXCHANGES ###
(a)Cooper Spur-Government Camp Land Exchange ####
(1)Definitions In this subsection: #####
(A)County The term “County” means Hood River County, Oregon. #####
(B)Exchange map The term “exchange map” means the map entitled “Cooper Spur/Government Camp Land Exchange”, dated June 2006. #####
(C)Federal land The term “Federal land” means the approximately 107 acres of National Forest System land in the Mount Hood National Forest in Government Camp, Clackamas County, Oregon, identified as “USFS Land to be Conveyed” on the exchange map. #####
(D)Mt. hood meadows The term “Mt. Hood Meadows” means the Mt. Hood Meadows Oregon, Limited Partnership. #####
(E)Non-federal land The term “non-Federal land” means— ######
(i)the parcel of approximately 770 acres of private land at Cooper Spur identified as “Land to be acquired by USFS” on the exchange map; and ######
(ii)any buildings, improvements, furniture, fixtures, and equipment at the Inn at Cooper Spur and the Cooper Spur Ski Area covered by an appraisal described in paragraph (2)(D). ####
(2)Cooper spur-government camp land exchange #####
(A)Conveyance of land Subject to the provisions of this subsection, if Mt. Hood Meadows offers to convey to the United States all right, title, and interest of Mt. Hood Meadows in and to the non-Federal land, the Secretary shall convey to Mt. Hood Meadows all right, title, and interest of the United States in and to the Federal land (other than any easements reserved under subparagraph (G)), subject to valid existing rights. #####
(B)Compliance with existing law Except as otherwise provided in this subsection, the Secretary shall carry out the land exchange under this subsection in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). #####
(C)Conditions on acceptance ######
(i)Title 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. ######
(ii)Terms and conditions The conveyance of the Federal land and non-Federal land shall be subject to such terms and conditions as the Secretary may require. #####
(D)Appraisals ######
(i)In general Not later than 120 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 an appraiser to conduct an appraisal of the Federal land and non-Federal land. ######
(ii)Requirements 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 be conducted in accordance with nationally recognized appraisal standards, including— ######
(I)the Uniform Appraisal Standards for Federal Land Acquisitions; and ######
(II)the Uniform Standards of Professional Appraisal Practice. ######
(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. #####
(E)Surveys ######
(i)In general The exact acreage and legal description of the Federal land and non-Federal land shall be determined by surveys approved by the Secretary. ######
(ii)Costs The responsibility for the costs of any surveys conducted under clause (i), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and Mt. Hood Meadows. #####
(F)Deadline for completion of land exchange It is the intent of Congress that the land exchange under this subsection shall be completed not later than 16 months after the date of enactment of this Act. #####
(G)Required conveyance conditions Prior to the exchange of the Federal and non-Federal land— ######
(i)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)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 the Secretary under subparagraph
(A)shall be considered a donation by Mt. Hood Meadows to the United States. ###
(b)Port of Cascade Locks Land Exchange ####
(1)Definitions In this subsection: #####
(A)Exchange map The term “exchange map” means the map entitled “Port of Cascade Locks/Pacific Crest National Scenic Trail Land Exchange”, dated June 2006. #####
(B)Federal land The term “Federal land” means the parcel of land consisting of approximately 10 acres of National Forest System land in the Columbia River Gorge National Scenic Area identified as “USFS Land to be conveyed” on the exchange map. #####
(C)Non-federal land The term “non-Federal land” means the parcels of land consisting of approximately 40 acres identified as “Land to be acquired by USFS” on the exchange map. #####
(D)Port The term “Port” means the Port of Cascade Locks, Cascade Locks, Oregon. ####
(2)Land exchange, port of cascade locks-pacific crest national scenic trail #####
(A)Conveyance of land Subject to the provisions of this subsection, if the Port offers to convey to the United States all right, title, and interest of the Port in and to the non-Federal land, the Secretary shall, subject to valid existing rights, convey to the Port all right, title, and interest of the United States in and to the Federal land. #####
(B)Compliance with existing law Except as otherwise provided in this subsection, the Secretary shall carry out the land exchange under this subsection in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). ####
(3)Conditions on acceptance #####
(A)Title 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)Terms and conditions The conveyance of the Federal land and non-Federal land shall be subject to such terms and conditions as the Secretary may require. ####
(4)Appraisals #####
(A)In general As soon as practicable after the date of enactment of this Act, the Secretary shall select an appraiser to conduct an appraisal of the Federal land and non-Federal land. #####
(B)Requirements An appraisal under subparagraph
(A)shall be conducted in accordance with nationally recognized appraisal standards, including— ######
(i)the Uniform Appraisal Standards for Federal Land Acquisitions; and ######
(ii)the Uniform Standards of Professional Appraisal Practice. ####
(5)Surveys #####
(A)In general The exact acreage and legal description of the Federal land and non-Federal land shall be determined by surveys approved by the Secretary. #####
(B)Costs The responsibility for the costs of any surveys conducted under subparagraph (A), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and the Port. ####
(6)Deadline for completion of land exchange It is the intent of Congress that the land exchange under this subsection shall be completed not later than 16 months after the date of enactment of this Act. ###
(c)Hunchback Mountain Land Exchange and Boundary Adjustment ####
(1)Definitions In this subsection: #####
(A)County The term “County” means Clackamas County, Oregon. #####
(B)Exchange map The term “exchange map” means the map entitled “Hunchback Mountain Land Exchange, Clackamas County”, dated June 2006. #####
(C)Federal land The term “Federal land” means the parcel of land consisting of approximately 160 acres of National Forest System land in the Mount Hood National Forest identified as “USFS Land to be Conveyed” on the exchange map. #####
(D)Non-federal land The term “non-Federal land” means the parcel of land consisting of approximately 160 acres identified as “Land to be acquired by USFS” on the exchange map. ####
(2)Hunchback mountain land exchange #####
(A)Conveyance of land Subject to the provisions of this paragraph, if the County offers to convey to the United States all right, title, and interest of the County in and to the non-Federal land, the Secretary shall, subject to valid existing rights, convey to the County all right, title, and interest of the United States in and to the Federal land. #####
(B)Compliance with existing law Except as otherwise provided in this paragraph, the Secretary shall carry out the land exchange under this paragraph in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). #####
(C)Conditions on acceptance ######
(i)Title As a condition of the land exchange under this paragraph, title to the non-Federal land to be acquired by the Secretary under this paragraph shall be acceptable to the Secretary. ######
(ii)Terms and conditions The conveyance of the Federal land and non-Federal land shall be subject to such terms and conditions as the Secretary may require. #####
(D)Appraisals ######
(i)In general As soon as practicable after the date of enactment of this Act, the Secretary shall select an appraiser to conduct an appraisal of the Federal land and non-Federal land. ######
(ii)Requirements An appraisal under clause
(i)shall be conducted in accordance with nationally recognized appraisal standards, including— ######
(I)the Uniform Appraisal Standards for Federal Land Acquisitions; and ######
(II)the Uniform Standards of Professional Appraisal Practice. #####
(E)Surveys ######
(i)In general The exact acreage and legal description of the Federal land and non-Federal land shall be determined by surveys approved by the Secretary. ######
(ii)Costs The responsibility for the costs of any surveys conducted under clause (i), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and the County. #####
(F)Deadline for completion of land exchange It is the intent of Congress that the land exchange under this paragraph shall be completed not later than 16 months after the date of enactment of this Act. ####
(3)Boundary adjustment #####
(A)In general The boundary of the Mount Hood National Forest shall be adjusted to incorporate— ######
(i)any land conveyed to the United States under paragraph (2); and ######
(ii)the land transferred to the Forest Service by section 1204(h)(1). #####
(B)Additions to the national forest system The Secretary shall administer the land described in subparagraph (A)— ######
(i)in accordance with— ######
(I)the Act of March 1, 1911 (commonly known as the “Weeks Law”) (16 U.S.C. 480 et seq.); and ######
(II)any laws (including regulations) applicable to the National Forest System; and ######
(ii)subject to sections 1202(c)(3) and 1204(d), as applicable. #####
(C)Land and water conservation fund For the purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the Mount Hood National Forest modified by this paragraph shall be considered to be the boundaries of the Mount Hood National Forest in existence as of January 1, 1965. ###
(d)Conditions on Development of Federal Land — ####
(1)Requirements applicable to the conveyance of federal land #####
(A)In general As a condition of each of the conveyances of Federal land under this section, the Secretary shall include in the deed of conveyance a requirement that applicable construction activities and alterations shall be conducted in accordance with— ######
(i)nationally recognized building and property maintenance codes; and ######
(ii)nationally recognized codes for development in the wildland-urban interface and wildfire hazard mitigation. #####
(B)Applicable law To the maximum extent practicable, the codes required under subparagraph
(A)shall be consistent with the nationally recognized codes adopted or referenced by the State or political subdivisions of the State. #####
(C)Enforcement The requirements under subparagraph
(A)may be enforced by the same entities otherwise enforcing codes, ordinances, and standards. ####
(2)Compliance with codes on federal land The Secretary shall ensure that applicable construction activities and alterations undertaken or permitted by the Secretary on National Forest System land in the Mount Hood National Forest are conducted in accordance with— #####
(A)nationally recognized building and property maintenance codes; and #####
(B)nationally recognized codes for development in the wildland-urban interface development and wildfire hazard mitigation. ####
(3)Effect on enforcement by states and political subdivisions Nothing in this subsection alters or limits the power of the State or a political subdivision of the State to implement or enforce any law (including regulations), rule, or standard relating to development or fire prevention and control. * * * * * * * # TITLE IV FOREST LANDSCAPE RESTORATION * * * * * * *
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