Pub. L. 111-11, tit. I, subtit. C, sec. 1206
LAND EXCHANGES.
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 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, 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 123 STAT. 1019 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 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 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) 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.(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 123 STAT. 1020 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:123 STAT. 1021(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.123 STAT. 1022(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; and123 STAT. 1023(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.