[Senate Report 115-320]
[From the U.S. Government Publishing Office]
Calendar No. 539
115th Congress } { Report
SENATE
2d Session } { 115-320
======================================================================
SANTA ANA RIVER WASH PLAN LAND EXCHANGE ACT
_______
August 15, 2018.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and 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 Energy and Natural Resources, to which was
referred the bill (H.R. 497) 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, having considered the
same, reports favorably thereon without amendment and
recommends that the bill do pass.
PURPOSE
The purpose of H.R. 497 is to direct the Secretary of the
Interior (Secretary) to enter into a land exchange with the San
Bernardino Valley Water Conservation District (District), to
convey certain Federal lands in San Bernardino County,
California, in exchange for certain non-Federal lands owned by
the District.
BACKGROUND AND NEED
The District, along with San Bernardino County, the Cities
of Redlands and Highlands, state and Federal Fish and Wildlife
Service agencies, the Bureau of Land Management (BLM),
environmental groups, and other stakeholders, have been working
since 1993 to develop the Upper Santa Ana Wash Land Management
and Habitat Conservation Plan (Plan) along the Santa Ana River
floodplain just below Seven Oaks Dam in California. The Plan
covers roughly 4,600 acres of both public and private land.
Once fully implemented, the Plan will provide for habitat
protection, groundwater recharge, construction of public
trails, and continued mining of aggregate.
H.R 497 would direct the exchange of about 310 acres of
pristine land owned by the District for roughly 327 acres of
BLM lands nearby to facilitate the Plan's implementation. The
lands to be conveyed by the District to BLM are important
habitat for a number of species listed under the Endangered
Species Act (16 U.S.C. 1531 et seq.), including the San
Bernardino Merriam's kangaroo rat, Santa Ana River woolly star
flower, Coastal California gnatcatcher, and the Slender-horned
spineflower. The BLM land to be exchanged with the District
will allow for the construction of additional settling ponds to
realize approximately 1,200 acre feet annually for groundwater
recharge.
LEGISLATIVE HISTORY
Representative Cook introduced H.R. 497 in the House of
Representatives on January 12, 2017. The Committee on Natural
Resources' Subcommittee on Federal Lands held a hearing on H.R.
497 on March 5, 2017, and favorably reported it, as amended, on
June 2, 2017. H.R. 497, as amended, was passed by the House of
Representatives on June 27, 2017, by a vote of 424 to 0.
Senator Feinstein introduced companion legislation, S. 357,
on February 13, 2017. The Subcommittee on Public Lands, Forests
and Mining conducted a hearing on S. 357 on July 26, 2017.
The Committee on Energy and Natural Resources met in open
business session on May 17, 2018, and ordered H.R. 497
favorably reported.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on May 17, 2018, by a majority voice vote
of a quorum present recommends that the Senate pass H.R. 497.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides the short title.
Section 2. Definitions
Section 2 contains definitions.
Section 3. Exchange of land; equalization of value
Subsection (a) directs the Secretary, upon an offer made by
the District to exchange lands with the United States, to
convey to the District all right, title and interest of the
United States in and to the 327 acres of Federal land, as well
as any such portion of the 90 acres of the Federal exchange
parcel, as may be needed to equalize the values of the land
exchanged. The Secretary is further directed to accept from the
District all right, title, and interest of the District in and
to the 310 acres of non-Federal land, and any portion of the 59
acres of the non-Federal exchange parcel, as may be required to
equalize the values of the land exchanged. This subsection
further states that such land exchange is subject to valid
existing rights, is conditioned upon any needed equalization
payment, and is to be conveyed within two years of the Act's
enactment.
Subsection (b) authorizes equalization payments for the
land exchange and specifies that such payments must first be
made by in-kind transfers of the Federal or non-Federal
exchange parcels by the Secretary or the District. The fair
market value of the applicable exchange parcel is to be
credited against any required equalization payment. If the
credit does not offset the entire amount of the required
equalization payment and the District is in arrears, the
District may make an equalization payment to the United States,
notwithstanding the Federal Land Policy and Management Act
(FLPMA, 43 U.S.C. 1716 et seq.) or the exchange shall not
proceed. If the credit does not offset the entire amount of the
required equalization payment and the Secretary is in arrears,
the Secretary is directed to order the exchange without any
additional equalization payment by the United States.
Subsection (c) specifies that the value of the land to be
exchanged is to be determined by appraisals that are conducted
in accordance with nationally recognized standards.
Subsection (d) specifies the title format for the land
exchange.
Subsection (e) directs the Secretary to finalize the
applicable map and legal descriptions of the land to be
exchanged. This subsection further authorizes the Secretary to
correct minor errors and states that the map and legal
descriptions shall be on file in appropriate BLM offices and
made available for public inspection.
Subsection (f) states that the District shall pay for any
conveyance-related costs as a condition of the conveyance.
Section 4. Applicable law
Section 4 waives the applicability of the Act of February
20, 1909 (35 Stat. 641) for purposes of the land exchange
authorized by this Act. This subsection further applies FLPMA
to the exchange, except as otherwise provided in this Act.
Section 5. Cancellation of Secretarial Order 241
Section 5 terminates Secretarial Order 241, dated November
11, 1929, regarding withdrawing certain Federal lands for an
unconstructed transmission line.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
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
legislation, 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,
CBO estimates that any net effect on direct spending would be
negligible. The federal lands that would be exchanged under the
legislation 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 2029.
H.R. 497 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act. The
land exchange authorized in the legislation would benefit the
San Bernardino Valley Water Conservation District. Any costs
incurred by the district associated with the land exchange
would be voluntary.
On May 22, 2017, CBO transmitted a cost estimate for H.R.
497, the Santa Ana River Wash Plan Land Exchange Act, as
ordered reported by the House Committee on Natural Resources on
April 27, 2017. The two versions of the legislation are
similar, and CBO's estimates of their budgetary effects are the
same.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out H.R. 497. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of H.R. 497, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
H.R. 497, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Department of the Interior at
the July 26, 2017, hearing on S. 357, the companion legislation
to H.R. 497, follows:
Statement of John Ruhs, Acting Deputy Director for Operations, Bureau
of Land Management, U.S. Department of the Interior
Thank you for the opportunity to present the views of the
Department of the Interior on S. 357, the Santa Ana River Wash
Plan Land Exchange Act. S. 357 would direct the exchange of
approximately 327 acres of public lands managed by the Bureau
of Land Management (BLM) for approximately 310 acres of land
managed by the San Bernardino Valley Water Conservation
District (WCD) in San Bernardino County, California.
The Department supports the bill but would like to work
with the sponsor and the Subcommittee on a few modifications.
We appreciate Senator Feinstein's support of this land
exchange, which will help consolidate ownership of lands, allow
for infrastructure improvements, further mineral development,
and contribute to habitat protection and conservation efforts
in the Upper Santa Ana River Wash.
background
For over twenty years, the BLM has been an active
participant in coordinated land use planning and conservation
efforts in the Upper Santa Ana River Wash (Wash Planning Area).
This area is approximately one mile below the Seven Oaks Dam,
near the City of Redlands, California, and involves a mix of
both public and private land ownership.
The Wash Planning Area is regionally important for flood
control, groundwater recharge, recreation, and habitat for
threatened and endangered species. The area is also an
important source for aggregate for concrete products and
roadway construction materials. Under a Public Law from 1909
(``Act of February 20, 1909''), Congress set aside certain
lands within this area for water recharge and excluded mining
on BLM-managed lands. The diverse resource values within the
region served as an impetus for the formation of a task force
in 1993 to help coordinate land uses irrespective of land
ownership boundaries. City and county officials, industry
representatives, WCD officials, and the BLM were key members of
the task force.
After 15 years of collaboration and engagement with
stakeholders representing water, mining, flood control,
wildlife, and municipal interests, the task force finalized a
Regional Plan to coordinate the uses of the Wash Planning Area.
Based on this Regional Plan, the users of the Wash Planning
Area are developing a Habitat Conservation Plan (HCP) with the
U.S. Fish and Wildlife Service. Taken together, these
management strategies serve to guide land uses and activities
while also improving the wildlife habitat in the Upper Santa
Ana River Wash.
Public Land Exchanges
Under the Federal Land Policy Management Act of 1976
(FLPMA), the BLM's mission is to sustain the health, diversity,
and productivity of the public lands for the use and enjoyment
of present and future generations. FLPMA provides the BLM with
a clear multiple-use and sustained yield mandate that the
agency implements through its land use planning process.
Among other purposes, land exchanges allow the BLM to
acquire environmentally-sensitive lands while transferring
public lands into non-Federal ownership for local needs and the
consolidation of scattered tracts. The BLM conducts land
exchanges pursuant to Section 206 of FLPMA, which provides the
agency with the authority to undertake such exchanges, or when
given specific direction by Congress. To be eligible for
exchange under Section 206 of FLPMA, BLM-managed lands must
have been identified as potentially available for disposal
through the land use planning process. Extensive public
involvement is critically important for such exchanges to be
successful. The Department notes that the process of
identifying lands as potentially available for exchange does
not include the clearance of impediments to disposal or
exchange, such as the presence of threatened and endangered
species, cultural or historic resources, mining claims, oil and
gas leases, rights-of-way, and grazing permits. Under FLPMA,
this clearance must occur before the exchange can be completed.
s. 357
S. 357 would require within two years of the bill's
enactment the exchange of approximately 327 acres of BLM-
managed public lands for approximately 310 acres of WCD-
administered private lands in San Bernardino County,
California. The purpose of the exchange would be to transfer
public lands to the WCD for economic development and to acquire
environmentally sensitive private lands for consolidated
management of public lands.
The land exchange would be subject to valid existing
rights, appraisals would be conducted, and it would be
completed pursuant to FLPMA Section 206. The WCD would be
responsible for all costs associated with the exchange. If the
value of the public lands proposed for exchange exceeds the
value of the private lands, up to 59 additional acres of
private lands may be added to the proposed exchange to equalize
values. If the additional private lands are insufficient to
equalize values, the WCD must make a cash equalization payment
in accordance with the land exchange provisions of FLPMA or
terminate the exchange. If the value of the private lands
proposed for exchange exceeds the value of the public lands, up
to an additional 90 acres of public lands may be added to the
proposed exchange to equalize values. In the event that the
additional public lands are insufficient to equalize values,
the Secretary is not required to make a cash equalization
payment to the WCD.
The bill would also exempt any public lands proposed for
exchange to the WCD from the ``Act of February 20, 1909.'' The
private lands proposed for exchange to the BLM, however, would
continue to be subject to the continued use, maintenance,
operation, construction, relocation, or expansion of
groundwater recharge facilities to the extent that such
activities are not in conflict with the HCP. Finally, the bill
revokes Secretarial Order 241 from November 11, 1929, which
withdrew a portion of the public land for a transmission line
that ultimately was not constructed.
analysis
The Department supports the completion of land exchanges
that consolidate ownership of scattered tracts of lands,
thereby streamlining land management tasks and enhancing
resources protection and providing opportunities for resource
development. In this particular exchange, the BLM would acquire
quality habitat for the Federally-listed Santa Ana River
woolly-star, slender-horned spineflower, coastal California
gnatcatcher, and the San Bernardino kangaroo rat, while
facilitating mineral and infrastructure development for local
communities across the region.
We have a few concerns with the bill's provisions, however,
and we would like the opportunity to work with the sponsor and
Subcommittee to incorporate in the bill standard appraisal and
equalization of values language, which has been used in many
other successful legislated land exchanges. The Department is
committed to continuing its adherence to the Uniform Appraisal
Standards for Federal Land Acquisition and Uniform Standards of
Professional Appraisal Practice and recommends the appraisal
process be managed by DOI's Office of Valuation Services. The
Department notes that the public lands proposed for exchange
have not yet been fully analyzed under the National
Environmental Policy Act (NEPA), the Endangered Species Act
(ESA), the National Historic Preservation Act (NHPA), or the
FLPMA public interest determination. These review requirements
provide for public engagement, opportunities to consider
environmental and cultural impacts, and help ensure that
unknown or unforeseen issues are not overlooked. Finally, we
understand that the Department of Justice would like to work
with the Subcommittee to address a constitutional concern with
some of the text in the bill.
conclusion
Thank you for the opportunity to provide testimony on S.
357, the Santa Ana River Wash Plan Land Exchange Act. The
Department supports the bill, but would like to work with the
sponsor and the Subcommittee on a few modifications. I would be
happy to answer any questions.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill as ordered
reported.
[all]