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115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-155
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SANTA ANA RIVER WASH PLAN LAND EXCHANGE ACT
_______
June 2, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 497]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 497) to direct the Secretary of the Interior to
convey certain public lands in San Bernardino County,
California, to the San Bernardino Valley Water Conservation
District, and to accept in return certain exchanged non-public
lands, and for other purposes, having considered the same,
report favorably thereon with amendments and recommend that the
bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Santa Ana River Wash Plan Land
Exchange Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation district.--The term ``Conservation
District'' means the San Bernardino Valley Water Conservation
District, a political subdivision of the State of California.
(2) Non-federal land.--The term ``non-Federal Land'' means
the approximately 310 acres of land owned by the Conservation
District generally depicted as ``SBVWCD to BLM'' on the Map.
(3) Map.--The term ``Map'' means the map titled ``Santa Ana
River Wash Land Exchange'' and dated September 3, 2015.
(4) Non-federal exchange parcel.--The term ``non-Federal
exchange parcel'' means the approximately 59 acres of land
owned by the Conservation District generally depicted as
``SBVWCD Equalization Land'' on the Map and is to be conveyed
to the United States if necessary to equalize the fair market
values of the lands otherwise to be exchanged.
(5) Federal exchange parcel.--The term ``Federal exchange
parcel'' means the approximately 90 acres of Federal land
administered by the Bureau of Land Management generally
depicted as ``BLM Equalization Land to SBVWCD'' on the Map and
is to be conveyed to the Conservation District if necessary to
equalize the fair market values of the lands otherwise to be
exchanged.
(6) Federal land.--The term ``Federal land'' means the
approximately 327 acres of Federal land administered by the
Bureau of Land Management generally depicted as ``BLM Land to
SBVWCD'' on the Map.
(7) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. EXCHANGE OF LAND; EQUALIZATION OF VALUE.
(a) Exchange Authorized.--Notwithstanding the land use planning
requirements of sections 202, 210, and 211 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712, 1720-21), subject to valid
existing rights, and conditioned upon any equalization payment
necessary under section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)), and subsection (b) of this
Act, as soon as practicable, but not later than 2 years after the date
of enactment of this Act, if the Conservation District offers to convey
the exchange land to the United States, the Secretary shall--
(1) convey to the Conservation District all right, title, and
interest of the United States in and to the Federal land, and
any such portion of the Federal exchange parcel as may be
required to equalize the values of the lands exchanged; and
(2) accept from the Conservation District a conveyance of all
right, title, and interest of the Conservation District in and
to the non-Federal land, and any such portion of the non-
Federal exchange parcel as may be required to equalize the
values of the lands exchanged.
(b) Equalization Payment.--To the extent an equalization payment is
necessary under section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716), the amount of such
equalization payment shall first be made by way of in-kind transfer of
such portion of the Federal exchange parcel to the Conservation
District, or transfer of such portion of the non-Federal exchange
parcel to the United States, as the case may be, as may be necessary to
equalize the fair market values of the exchanged properties. The fair
market value of the Federal exchange parcel or non-Federal exchange
parcel, as the case may be, shall be credited against any required
equalization payment. To the extent such credit is not sufficient to
offset the entire amount of equalization payment so indicated, any
remaining amount of equalization payment shall be treated as follows:
(1) If the equalization payment is to equalize values by
which the Federal land exceeds the non-Federal land and the
credited value of the non-Federal exchange parcel, Conservation
District may make the equalization payment to the United
States, notwithstanding any limitation regarding the amount of
the equalization payment under section 206(b) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1716). In the
event Conservation District opts not to make the indicated
equalization payment, the exchange shall not proceed.
(2) If the equalization payment is to equalize values by
which the non-Federal land exceeds the Federal land and the
credited value of the Federal exchange parcel, the Secretary
shall order the exchange without requirement of any additional
equalization payment by the United States to the Conservation
District.
(c) Appraisals.--
(1) The value of the land to be exchanged under this Act
shall be determined by appraisals conducted by 1 or more
independent and qualified appraisers.
(2) The appraisals shall be conducted in accordance with
nationally recognized appraisal standards, including, as
appropriate, the Uniform Appraisal Standards for Federal Land
Acquisitions and the Uniform Standards of Professional
Appraisal Practice.
(d) Title Approval.--Title to the land to be exchanged under this Act
shall be in a format acceptable to the Secretary and the Conservation
District
(e) Map and Legal Descriptions.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall finalize a map
and legal descriptions of all land to be conveyed under this Act. The
Secretary may correct any minor errors in the map or in the legal
descriptions. The map and legal descriptions shall be on file and
available for public inspection in appropriate offices of the Bureau of
Land Management.
(f) Costs of Conveyance.--As a condition of conveyance, any costs
related to the conveyance under this section shall be paid by the
Conservation District.
SEC. 4. APPLICABLE LAW.
(a) Act of February 20, 1909.--
(1) The Act of February 20, 1909 (35 Stat. 641), shall not
apply to the Federal land and any public exchange land
transferred under this Act.
(2) The exchange of lands under this section shall be subject
to continuing rights of the Conservation District under the Act
of February 20, 1909 (35 Stat. 641), on the non-Federal land
and any exchanged portion of the non-Federal exchange parcel
for the continued use, maintenance, operation, construction, or
relocation of, or expansion of, groundwater recharge facilities
on the non-Federal land, to accommodate groundwater recharge of
the Bunker Hill Basin to the extent that such activities are
not in conflict with any Habitat Conservation Plan or Habitat
Management Plan under which such non-Federal land or non-
Federal exchange parcel may be held or managed.
(b) FLPMA.--Except as otherwise provided in this Act, the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701, et seq.), shall
apply to the exchange of land under this Act.
SEC. 5. CANCELLATION OF SECRETARIAL ORDER 241.
Secretarial Order 241, dated November 11, 1929 (withdrawing a portion
of the Federal land for an unconstructed transmission line), is
terminated and the withdrawal thereby effected is revoked.
Amend the title so as to read:
A bill to direct the Secretary of the Interior to convey
certain Federal lands in San Bernardino County, California, to
the San Bernardino Valley Water Conservation District, and to
accept in return certain non-Federal lands, and for other
purposes.
PURPOSE OF THE BILL
The purpose of H.R. 497 is to direct the Secretary of the
Interior to convey certain Federal lands in San Bernardino
County, California, to the San Bernardino Valley Water
Conservation District, and to accept in return certain non-
Federal lands.
BACKGROUND AND NEED FOR LEGISLATION
Beginning in 1993, stakeholders in the Upper Santa Ana Wash
area began meeting to discuss comprehensive land use planning
for their region. After numerous discussions and more than 15
years of planning among the cities, county, mining companies,
wildlife agencies, and water organizations, the coalition
formed the Wash Plan Task Force and developed the Upper Santa
Ana Wash Land Management and Habitat Conservation Plan (Wash
Plan). The Wash Plan covers 4,892 acres and identifies
opportunities to expand existing aggregate mining operations to
support new infrastructure developments, enhance water storage
for the surrounding communities, and establish protected
habitat for certain threatened and endangered plants and
animals.
H.R. 497 facilitates a necessary component of the
comprehensive Wash Plan by authorizing an exchange of 327 acres
of Bureau of Land Management (BLM) land for 310 acres of land
currently owned by the San Bernardino Valley Water Conservation
District (SBVWCD). The exchange creates new opportunities to
expand local mining operations by allowing SBVWCD to acquire
the BLM land adjacent to existing aggregate mines. The BLM does
not currently allow mining on the land due to a mineral
withdrawal dating back to the 1930s for water conservation
purposes. Two local mining companies currently own mining
rights on land owned by SBVWCD and will use the new land to
create greater efficiency in their mining operations. In
exchange, BLM will acquire 310 acres of SBVWCD land that will
consolidate checkerboard parcels to enhance water storage and
conservation while protecting critical habitat for threatened
and endangered species. In particular, the exchange will allow
BLM to use its newly acquired land to recharge water in more
than 77 water basins in the Upper Santa Ana Wash region.
COMMITTEE ACTION
H.R. 497 was introduced on January 12, 2017, by Congressman
Paul Cook (R-CA). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Federal Lands. On April 5, 2017, the Subcommittee held a
hearing on the bill. On April 26, 2017, the Natural Resources
Committee met to consider the bill. The Subcommittee was
discharged by unanimous consent. Congressman Paul Cook offered
an amendment designated #1 to the bill; it was adopted by
unanimous consent. No further amendments were offered, and the
bill, as amended, was ordered favorably reported to the House
of Representatives by unanimous consent on April 27, 2017.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 22, 2017.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 497, the Santa Ana
River Wash Plan Land Exchange Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Keith Hall.
Enclosure.
H.R. 497--Santa Ana River Wash Plan Land Exchange Act
H.R. 497 would require the Bureau of Land Management (BLM)
to convey 327 acres of federal land to the San Bernardino
Valley Water Conservation District in California in exchange
for 310 acres of land owned by the district. Under the bill,
BLM would be required to complete the exchange if the district
requests, under the condition that the parcels to be exchanged
are of equal value. If the parcels are not of equal value, the
number of acres conveyed by the party with the lower valued
land would be increased. Any lands received by BLM in the
exchange would be managed for conservation purposes.
CBO estimates that enacting H.R. 497 would affect direct
spending; therefore, pay-as-you-go procedures apply. However,
we estimate that any net effect on direct spending would be
negligible. The federal lands that would be exchanged under the
bill generate receipts totaling $7,000 a year from several
rights-of-way. If those lands were conveyed, the agency could
request that the holders of those rights purchase permanent
easements prior to the conveyance. The proceeds from the sale
of those easements would partially or fully offset the lost
receipts from the rights-of-way. Enacting the legislation would
not affect revenues.
CBO also estimates that enacting H.R. 497 would not
increase net direct spending or on-budget deficits in any of
the four consecutive 10-year periods beginning in 2028.
H.R. 497 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act. The
land exchange authorized in the bill would benefit the San
Bernardino Valley Water Conservation District. Any costs
incurred by the district would be voluntary.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to direct the Secretary of the
Interior to convey certain Federal lands in San Bernardino
County, California, to the San Bernardino Valley Water
Conservation District, and to accept in return certain non-
Federal lands.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
[all]
