[Senate Report 114-191]
[From the U.S. Government Publishing Office]
Calendar No. 336
114th Congress } { Report
SENATE
1st Session } { 114-191
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MOUNT HOOD COOPER SPUR LAND EXCHANGE CLARIFICATION ACT
_______
December 16, 2015.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2069]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2069) 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, having considered the same, reports favorably thereon
with amendments and recommends that the bill, as amended, do
pass.
The amendments are as follows:
1. On page 2, strike lines 12 through 17.
2. On page 2, line 18, strike ``(b)'' and insert
``(A)''.
3. On page 2, line 23, strike ``60'' and insert
``120''.
4. On page 4, line 11, strike ``(C)'' and insert
``(B)''.
5. On page 4, line 16, strike ``(D)'' and insert
``(C)''.
6. Beginning on page 4, strike line 21 and all that
follows through page 5, line 6, and insert the
following:
``(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''.
Purpose
The purpose of S. 2069 is to amend section 1206 the Omnibus
Public Land Management Act of 2009 to modify provisions
relating to a land exchange between the Forest Service and the
Mt. Hood Meadows Oregon Limited Partnership in the State of
Oregon.
Background and Need
Section 1206 of the Omnibus Public Land Management Act of
2009 (P.L. 111-11) included authorization for a land exchange
to guide where future development would take place around Mount
Hood. The land exchange would allow Federal land in Government
Camp (120 acres) to be made available for development while
protecting the larger parcel of non-Federal land at Cooper Spur
(770 acres) under Federal ownership.
Although the 2009 authority included language that it was
the intent of Congress that the exchange be completed within 16
months after the date of enactment, over six years have passed
without completion of the exchange. The long delay, which has
been primarily due to an inability to agree on conservation
easement terms to protect wetlands on the properties to be
exchanged, has frustrated the local communities, Mt. Hood
Meadows, and other interested parties.
On September 30, 2015, the Forest Service and Mt. Hood
Meadows engaged in a mediation session in an attempt to resolve
the easement terms that were in dispute. Subsequently the
parties released a joint statement that they were able to
arrive at mutually satisfactory terms during the mediation
session.
S. 2069 updates the details and process for the land
exchange to clarify issues relating to land appraisals and the
parameters of a wetland conservation easement on the Federal
land to be conveyed.
Legislative History
S. 2069 was introduced by Senators Wyden and Merkley on
September 22, 2015. The Subcommittee on Public Lands, Forests,
and Mining held a hearing on the bill on October 8, 2015.
At its business meeting on November 19, 2015, the Committee
on Energy and Natural Resources, on a voice vote, ordered S.
2069 favorably reported as amended.
Committee Recommendation and Tabulation of Votes
The Senate Committee on Energy and Natural Resources, in
open business session on November 19, 2015, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
2069, if amended as described herein.
Committee Amendments
During its consideration of S. 2069, the Committee adopted
several amendments, which: extend the timeline for selection of
an appraiser from 60 to 120 days; address the protection of a
wetland located on the Federal parcel through a conservation
easement; and make technical and conforming edits.
Section-by-Section Analysis
Section 1 contains the short title, ``Mount Hood Cooper
Spur Land Exchange Clarification Act.''
Section 2 amends section 1206(a) of the Omnibus Public Land
Management Act of 2009 (P.L. 111-11; 123 Stat. 1018) to update
the acreage of Forest Service land to be conveyed and add
improvements to the definition of non-Federal land. The
Secretary of Agriculture (Secretary) and Mt. Hood Meadows are
given up to 120 days following the enactment of S. 2069 to
jointly select an appraiser to conduct appraisals of the
Federal and non-Federal parcels of land. Separate values should
be assigned to each parcel, and these values will remain in
effect for up to three years following their acceptance by the
Secretary unless the condition of the Federal or non-Federal
land changes significantly due to fire, windstorms, or other
events. The Secretary is directed to make the appraisals
available to the public prior to completing the land exchange.
The section includes a provision that it is the intent of
Congress that the exchange be completed within 12 months, and
the conveyance conditions are updated to allow the Secretary
and Mt. Hood Meadows to mutually agree on the reservation of a
conservation easement to protect a wetland located on the
Federal land in accordance with the terms of the September 30,
2015 mediation between the parties. The conservation easement
is required to be finalized within 120 days following enactment
of S. 2069. The updated conveyance conditions also direct the
Secretary to reserve a 24-foot-wide, nonexclusive trail
easement on the Federal land to be conveyed.
If the appraised values of the Federal and non-Federal
lands are not equal, monetary compensation may be made or a
smaller amount of land may be conveyed to equalize the values
of the properties. If the value of the non-Federal land exceeds
the value of the Federal land after payment of compensation or
adjustment of the land area, it will be considered a donation
by Mt. Hood Meadows to the United States.
Cost and Budgetary Considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the report is available, the
Chairman will request it to be printed in the Congressional
Record for the advice of the Senate.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2069. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2069, as ordered reported.
Congressionally Directed Spending
S. 2069, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the U.S. Forest Service at the
October 8, 2015, hearing on S. 2069 follows:
Statement of Glenn Casamassa, Associate Deputy Chief, National Forest
System, U.S. Forest Service, U.S. Department of Agriculture
Mr. Chairman and members of the Subcommittee, thank you for
the opportunity to present the views of the U.S. Department of
Agriculture (USDA) regarding S. 414, S. 1592, and S. 2069.
s. 414, ``california desert conservation and recreation act of 2015''
The Department supports S. 414 and would like to work with
the Committee and bill sponsor on several clarifications, some
of which we will highlight in the testimony that follows. We
defer to the Department of Interior regarding the provisions in
this bill concerning lands under its management.
The majority of National Forest System lands in S. 414,
Title XIV (Sand to Snow National Monument) are within the San
Gorgonio Wilderness Area on the San Bernardino National Forest
(NF). The San Bernardino National Forest Land and Resource
Management Plan (Forest Plan) was revised in 2006 and then
amended in 2014 using an extensive public process. The proposed
Monument and wilderness designations in S. 414, Title XIV, are
closely aligned with recommended wilderness and forest
management objectives included in the Forest Plan.
S. 414 would designate approximately 62,648 acres of the
San Bernardino National Forest, along with approximately 73,000
acres administered by the Bureau of Land Management (BLM), as
the Sand to Snow National Monument. The Monument would be
managed jointly by both agencies. This approach has been
successful for over 15 years on the Santa Rosa and San Jacinto
Mountains National Monument in California. The purpose of the
Monument would be to preserve the nationally significant
biological, cultural, educational, geological, historic,
scenic, and recreational values at the convergence of the
Mojave and Colorado deserts and the San Bernardino Mountains.
The 2014 Forest Plan Revision for the San Bernardino NF
recognized the importance of wildlife connections and corridors
to and from the Forest, as well as the significant biological,
cultural, scenic and recreational values of the greater San
Gorgonio Mountain ecosystem.
The Department welcomes the opportunity to work with the
Secretary of the Interior in jointly managing the proposed
Monument using the different authorities and guidelines
governing the National Forest and Bureau of Land Management
lands designated within the Monument. Using a joint management
model, the Secretaries would be responsible for separately
managing lands under their jurisdictions. The Department
recommends distinguishing between the Secretary of Agriculture
and the Secretary of Interior in this legislation to avoid
confusion about which sections of the bill pertain to National
Forest System or BLM-administered lands.
In Section 1403(b), the Department is asking the Committee
and the bill sponsor to consider adding ``management'' to the
general authority on Cooperative Agreements that could be used
in the Monument. This change would allow the Forest Service to
work with the BLM and the advisory committee in considering a
Service First Agreement to manage the Monument. This approach
is currently being used successfully on the Santa Rosa and San
Jacinto Mountains National Monument.
Section 1501(c), as added to the California Desert
Protection Act of 1994 by S. 414, would designate a 7,141-acre
wilderness addition on the west and south ends of the existing
95,953-acre San Gorgonio Wilderness; this addition includes
1,000 acres of private property owned by the Wildlands
Conservancy. The area under consideration is currently an
inventoried roadless area. The Department supports this
wilderness addition as it would improve management efficiencies
in this area, and would like to work with the Subcommittee to
ensure the roadless areas can be consistently managed pursuant
to this Act and the Wilderness Act
Section 104(2)(209)(A) and Section 104(2)(210)(A) of this
legislation would designate approximately 76.3 miles of the
specified rivers as part of the National Wild and Scenic Rivers
System. Of this total, approximately 34.5 miles of Deep Creek,
including its principal tributary, Holcomb Creek, and 17.1
miles of the North, Middle and South Forks of the Whitewater
River are within the boundary of the San Bernardino National
Forest and would be administered by the Forest Service. In
order to ensure consistency with the current provisions of the
Wild and Scenic Rivers Act and the 2014 Revision of the San
Bernardino NF Plan, the Department would like to work with the
Subcommittee to include some technical corrections in Section
104(2).
The Forest Service has found each of these rivers to be
eligible for designation based on their free-flowing character
and regionally important river-related values. The Department
supports designation of these eligible rivers as Wild and
Scenic based on general support from the communities of
interest and consistency of designation with the management of
National Forest System lands within the river corridors.
Section 1406 of this bill would establish an advisory
committee to provide advice on the development and
implementation of the management plan for the proposed
Monument, closely mirroring the successful approach of the
Santa Rosa and San Jacinto Mountains National Monument. The
Department believes an advisory committee would contribute
greatly to the development of the management plan for the Sand
to Snow National Monument. Given the length of time necessary
to establish a committee under the Federal Advisory Committee
Act, and the importance of creating a successful monument
management plan, the Department requests the time frame for
completing the plan be changed to three years after the
advisory committee is established, rather than three years
after the date of enactment of the bill.
Finally, Section 1403(g)(4) of this legislation states that
pending completion of the Monument management plan, the
Secretary shall manage any Federal land and Federal interests
in land within the boundary of the Monument in accordance with
section 1.6D of the Bureau of Land Management manual numbered
6220, dated July 13, 2012, and entitled ``National Monuments,
National Conservation Areas, and Similar Designations.''
The Department would like to work with the Committee and
the bill sponsor on this section to ensure that interim
management of the Monument is consistent with current uses
occurring on both National Forest System and BLM-administered
lands under the authorities, policies, and existing management
plans of both the Forest Service and the BLM for such lands,
and in a manner that is consistent with other applicable
Federal laws.
Title XIX of S. 414, Section 1905 (``Transfer of
Administrative Jurisdiction''), would transfer administrative
jurisdiction of over approximately 40 acres of National Forest
System land to the BLM for inclusion in the proposed Alabama
Hills National Scenic Area. This is an isolated parcel of land
and the Department supports the transfer of administrative
jurisdiction to the BLM.
In Title XX--Miscellaneous, Section 105 (Conforming
Amendments) the Department would like to work with the
Committee and bill sponsor on proposed amendments to provisions
of the California Desert Protection Act to address concerns
related to effects on wilderness from activities outside the
wilderness boundary.
s. 1592, ``a bill to clarify the description of certain federal land
under the northern arizona land exchange and verde river basin
partnership act of 2005 to include additional land in the kaibab
national forest''
S. 1592 would authorize the Secretary of Agriculture to
convey an additional 25 acres to Young Life Lost Canyon
Organizational Camp. The Department can support enactment of S.
1592, if a technical amendment is included that would provide
an easement for a proposed extension for the Water Storage Tank
Road.
This legislation clarifies the Northern Arizona Land
Exchange and Verde River Basin Partnership Act of 2005. The
original Act authorized a land exchange with Yavapai Ranch and
the United States that was not completed. The Act also
authorized the sale of a parcel of National Forest System lands
to Young Life Lost Canyon Organizational Camp on the Kaibab
National Forest.
The legislative map referenced by the Act for the Young
Life private property showed an area of only approximately 212
acres to be conveyed, instead of the approximately 237.5 acres
stated in the Act. The area shown on the legislative map
excluded a particular 25-acre parcel. Because the legislative
map controlled over the reference to approximately 237.5 acres,
the Act did not authorize conveyance of the 25-acre parcel
excluded by the map. S. 1592 was introduced to clarify that
conveyance of the 25-acre parcel is also authorized, allowing
the United States to convey a total of approximately 237.5
acres to Young Life.
In summary, S. 1592 would resolve the disparity between the
legislative map and the total acreage authorized for
conveyance, allowing the Secretary to proceed with the direct
sale of a total of approximately 237.5 acres to Young Life Lost
Canyon Organizational Camp. In order to ensure agreement
between the acreage and the legal description, the Agency is
willing to provide additional technical assistance to the
Committee, and wants to work with the Committee to include the
easement for the Water Tank Road Extension.
s. 2069, ``mount hood cooper spur land exchange clarification act''
S. 2069 concerns the Mount Hood Cooper Spur Land Exchange
Clarification Act. We would like to work with the Committee and
Sponsor to address several concerns. The Cooper Spur Land
Exchange was initially authorized by the Omnibus Public Land
Management Act of 2009. Clarifications are needed to move
forward with the exchange.
The following issues concern the Forest Service:
The bill would require the Forest Service to
reserve a 24-foot wide trail easement. The width of the
easement would restrict the ability of the Forest
Service to appropriately address reconstruction and
repair needs of the trail, the drainage and soil
protection features that go beyond the normal 3-4 foot
tread path, and the loss of buffer between the trail
and any non-federally owned building or facility
adjacent to the trail.
The bill would eliminate the requirement
that the Forest Service reserve a conservation easement
on the Federal land to be conveyed. We understand there
may be state-level protections under the bill; however,
the Forest Service will have no legal right or
obligation to monitor and enforce the status of any of
the identified wetlands after conveyance because the
United States will have no property interest, such as a
conservation easement, protecting the property. In
addition, without a reserved federal interest like a
conservation easement, Executive Order 1990 will become
inapplicable to the lands once they leave federal
ownership.
The bill would require the joint selection
of an appraiser by the Forest Service and Mount Hood
Meadows within 60 days after enactment of this
legislation. Selection of an appraiser is not
attainable within a 60 day period. The process to hire
a non-agency appraiser must follow federal contracting
regulations. The contracting process typically takes
120 days for contract selection.
The bill would require the land exchange be
completed within 1 year after passage of the
legislation. It typically takes the better part of a
year to just obtain an approved appraisal.
Realistically, it will take more than 18 months to
complete the appraisal and all necessary analysis to
complete the exchange.
We look forward to working with the Committee and the
Sponsor to resolve these issues.
This concludes my remarks. I would be happy to answer any
questions. Thank you for the opportunity to testify.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the original bill, as reported, are shown as follows (existing
law proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009
* * * * * * *
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 [120 acres] 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.--[As soon as
practicable after the date of enactment
of this Act, the Secretary and Mt. Hood
Meadows shall select] 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.--[An appraisal
under clause (i) shall] 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] 1 year after
the date of the enactment of the Mount Hood
Cooper Spur Land Exchange Clarification Act.
[(G) Reservation of easements.--As a
condition of the conveyance of the Federal
land, the Secretary shall reserve--
[(i) a conservation easement to the
Federal land to protect existing
wetland, as identified by the Oregon
Department of State Lands, that allows
equivalent wetland mitigation measures
to compensate for minor wetland
encroachments necessary for the orderly
development of the Federal land; and
[(ii) a trail easement to the Federal
land that allows--
[(I) nonmotorized use by the
public of existing trails;
[(II) roads, utilities, and
infrastructure facilities to
cross the trails; and
[(III) improvement or
relocation of the trails to
accommodate development of the
Federal land.]
(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
Secretary and Mt. Hood Meadows;
and
(II) in order to take effect,
that 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 construction, reconstruction,
maintain, and permit nonmotorized use
by the public of existing trails
subjects to the rights 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 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.
* * * * * * *
[all]