[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 357 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 357

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 2017

Mrs. Feinstein introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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) Exchange land.--The term ``Exchange 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 03, 2015.
            (4) Non-public exchange parcel.--The term ``non-public 
        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) Public exchange parcel.--The term ``public 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) Public land.--The term ``public 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, the Secretary shall--
            (1) quitclaim to the conservation district all right, 
        title, and interest of the United States in and to the public 
        land, and any such portion of the public 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 exchange land, and any such portion of the non-
        public 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 public exchange parcel to the conservation 
district, or transfer of such portion of the non-public 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, as such 
values are indicated by the appraisal provided for under the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1716). Such appraisal 
shall include an appraisal of the public exchange parcel and the non-
public exchange parcel. The fair market value of the public exchange 
parcel or non-public 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 public land exceeds the exchange land and the 
        credited value of the non-public 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 exchange land exceeds the public land and the 
        credited value of the public exchange parcel, the Secretary 
        shall order the exchange without requirement of any additional 
        equalization payment by the United States to the conservation 
        district.
    (c) 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.
    (d) 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 public 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 exchange 
        land and any exchanged portion of the non-public exchange 
        parcel for the continued use, maintenance, operation, 
        construction, or relocation of, or expansion of, groundwater 
        recharge facilities on the exchange 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 
        exchange land or non-public 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 public land for an unconstructed transmission line), is 
terminated and the withdrawal thereby effected is revoked.
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