Congressional Record, Volume 163 Issue 110 (Tuesday, June 27, 2017)

[Congressional Record Volume 163, Number 110 (Tuesday, June 27, 2017)]
[House]
[Pages H5202-H5204]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

SANTA ANA RIVER WASH PLAN LAND EXCHANGE ACT

Mr. COOK. Mr. Speaker, I move to suspend the rules and pass 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 497

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) 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,

[[Page H5203]]

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.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Cook) and the gentleman from Virginia (Mr. Beyer) each
will control 20 minutes.
The Chair recognizes the gentleman from California.

General Leave

Mr. COOK. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. COOK. Mr. Speaker, I yield myself such time as I may consume.
I am proud to sponsor this bipartisan, commonsense piece of
legislation, the Santa Ana River Wash Plan Land Exchange Act. This bill
reflects a compromise negotiated at the grassroots level among the
cities, county, mining companies, wildlife agencies, and water
organizations for over two decades in the Upper Santa Ana Wash area.
The bill simply authorizes a land exchange of 327 acres of Bureau of
Land Management land for 310 acres of land currently owned by the San
Bernardino Valley Water Conservation District. This exchange
facilitates the implementation of the broader Upper Santa Ana Wash Land
Management and Habitat Conservation Plan, which 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 species.
After the exchange, the Bureau of Land Management will use the land
to protect critical habitat and will enhance the region's water
conservation and storage efforts by recharging more than 77 water
basins. The land acquired by the Water Conservation District, which is
currently adjacent to two aggregate mines, will allow local mining
companies to expand and create greater efficiency in their current
mining operations.
The companies estimate that this small exchange will result in
approximately $8.5 million in new infrastructure projects and a $36
million increase in annual payrolls from the new sites.
This bill is supported by a wide variety of stakeholders in my
district, including the San Bernardino Valley Water Conservation
District, the San Bernardino Valley Municipal Water District, San
Bernardino County, the city of Highland, California, the city of
Redlands, California, CEMEX, the Endangered Habitats League,
Robertson's Ready Mix, and Inland Action.
I urge my colleagues to support this bill, and I reserve the balance
of my time.
Mr. BEYER. Mr. Speaker, I yield myself such time as I may consume.
H.R. 497 authorizes a land exchange in California between the San
Bernardino Valley Conservation District and the Bureau of Land
Management. After 15 years, stakeholders have finalized the habitat
conservation plan for the Santa Ana River Wash that balances the needs
of endangered wildlife with regional economic development.
This is a stellar example of the Endangered Species Act at work, and
I commend Representative Cook for his work on this bill.
This land exchange is a key component of the Habitat Conservation
Plan and a win-win for all parties. It will help protect important
wildlife habitat while allowing the conservation district to increase
water storage capacity and direct mining activity into the appropriate
areas.
So again, this is exactly how the Endangered Species Act should work.
It is something we should all support. This is a good bill, and I urge
swift adoption by the House.
Mr. Speaker, I reserve the balance of my time.
Mr. COOK. Mr. Speaker, I have no further speakers, and I reserve the
balance of my time.
Mr. BEYER. Mr. Speaker, I yield 3 minutes to the distinguished
gentleman from California (Mr. Aguilar).
Mr. AGUILAR. Mr. Speaker, I rise in support of the Santa Ana River
Wash Plan Land Exchange Act introduced by my Republican colleague and
regional partner, Colonel Paul Cook. The Santa Ana River Wash Plan Land
Exchange Act is the final step, as he mentioned, to complete the
transfer of land between the San Bernardino Valley Water Conservation
District and the Bureau of Land Management, known as the BLM.
This legislation allows the BLM and the San Bernardino Valley Water
Conservation District to trade parcels of land which will benefit both
the BLM and the conservation district.
This land exchange will empower mining companies, Robertson's Ready
Mix, and CEMEX, which sit on land managed by the BLM, to increase
efficiency. And as the gentleman mentioned, by increasing that
efficiency, these local mining companies will produce aggregate that
will support numerous infrastructure projects and approximately $36
million in annual payroll from this site alone.
Additionally, the land exchange creates 59 acres of land for the
conservation district to use for conservation purposes to protect
endangered plants and species and for recharging water in more than 70
basins.
The wash plan has been an ongoing project since the late 1980s, when
it was a proposal from the cities of Highland and Redlands. As the
former mayor of Redlands, I worked on this project at the local level.
Years, and actually decades, of studies and committee reports have
culminated in this final presentation of the Upper Santa Ana River Wash
Plan.
The Santa Ana River Wash Plan Land Exchange Act moves this decades-
long process forward, which will

[[Page H5204]]

allow San Bernardino County to take advantage of critical economic and
environmental benefits.
After years of working on this project at the local level and
listening to constituents and local stakeholders' comments and
questions, I can confidently say that this land exchange is widely
supported.
I have received letters of support from two mining companies affected
by the transfer, the County of San Bernardino, the city of Highland,
the city of Redlands, the San Bernardino Valley Conservation District,
a local chapter of the Habitat League, and Inland Action, which is an
organization of regional stakeholders that promote economic growth in
the Inland Empire.

This bill is a smart bipartisan plan that will help us support our
local economy and protect the environment. It is a victory for all
involved, and I offer my complete support and urge my colleagues to
vote in favor of the Santa Ana River Wash Plan Land Exchange Act.
I want to commend Representative Cook again. He has been a regional
leader on this issue. He has been a colleague. We have worked on many
of these issues that border our two districts. He has been incredibly
thoughtful in his approach to this. He has done a yeoman's work with
his staff in carrying forward this bill, and it is always a pleasure to
work with my colleague.
Mr. BEYER. Mr. Speaker, I yield back the balance of my time.
Mr. COOK. Mr. Speaker, I support the bill, obviously, and I yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Cook) that the House suspend the rules
and pass the bill, H.R. 497, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. COOK. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.

____________________