[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 497 Reported in Senate (RS)]
<DOC>
Calendar No. 539
115th CONGRESS
2d Session
H. R. 497
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 28, 2017
Received; read twice and referred to the Committee on Energy and
Natural Resources
July 30, 2018
Reported by Ms. Murkowski, without amendment
_______________________________________________________________________
AN ACT
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) 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 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 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.
Calendar No. 539
115th CONGRESS
2d Session
H. R. 497
_______________________________________________________________________
AN ACT
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.
_______________________________________________________________________
July 30, 2018
Reported without amendment