[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.

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