[House Report 115-155]
[From the U.S. Government Publishing Office]


115th Congress   }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                      {     115-155

======================================================================



 
              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]