69–006 

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 

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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. 

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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. 

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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. 

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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. 

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CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 

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