[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 308 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                 S. 308

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 31, 2019

 Mrs. Feinstein (for herself and Ms. Harris) 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 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.

    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) 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.
            (3) 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.
            (4) Map.--The term ``Map'' means the map entitled ``Santa 
        Ana River Wash Land Exchange'' and dated September 3, 2015.
            (5) 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.
            (6) Non-federal land.--The term ``non-Federal Land'' means 
        the approximately 310 acres of land owned by the Conservation 
        District generally depicted as ``SBVWCD Land to BLM'' 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, 1721), 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), 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(b)), 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(b)). 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 one 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 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 Act 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 Act 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.
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