89–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–1013 

DESERT COMMUNITY LANDS ACT 

NOVEMBER 9, 2018.—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 

together with 

DISSENTING VIEWS 

[To accompany H.R. 2365] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 2365) to convey certain Federal land in California to 

Apple Valley, California, Twentynine Palms, California, Barstow, 

California, and Victorville, California, having considered the same, 

report favorably thereon with an amendment and recommend that 

the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Desert Community Lands Act’’. 

SEC. 2. CONVEYANCE FOR APPLE VALLEY OFF-HIGHWAY VEHICLE RECREATION AREA. 

(a) DEFINITIONS.—In this section: 

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

(2) TOWN.—The term ‘‘Town’’ means the town of Apple Valley, California. 

(b) CONVEYANCE OF FEDERAL LAND TO TOWN.— 

(1) CONVEYANCE REQUIRED.—At the request of the Town, not later than 5 

years after the date of the enactment of this Act, the Secretary shall convey to 

the Town, without consideration, all right, title, and interest of the United 

States in and to the surface estate of the approximately 4,630 acres of land generally depicted as ‘‘Proposed Conveyance Area’’ on the map entitled ‘‘Conveyance to Town of Apple Valley’’ and dated June 1, 2015. Such land shall be 

known and designated as the ‘‘Apple Valley Off-Highway Vehicle Recreation 

Area’’. 

(2) EXISTING RIGHTS AND MINERAL ESTATE.—The conveyance under this subsection— 


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(A) is subject to valid existing rights; and 

(B) does not include the mineral estate. 

(c) USE OF CONVEYED LAND.— 

(1) IN GENERAL.—The land conveyed under subsection (b) may be used by the 

Town for any public purpose authorized in paragraph (2), consistent with the 

Act of June 14, 1926 (commonly known as the Recreation and Public Purposes 

Act; 43 U.S.C. 869 et seq.). 

(2) AUTHORIZED PURPOSES.—The purposes of the conveyance under subsection 

(b) are to allow the Town to use the conveyed land to provide— 

(A) a suitable location for the establishment of a centralized off-road vehicle recreation park; 

(B) the public with opportunities for off-road vehicle recreation, including 

a location for races, competitive events, training and other commercial services that directly support a centralized off-road vehicle recreation area and 

Town park; and 

(C) a designated area and facilities that would discourage unauthorized 

use of off-highway vehicles in areas that have been identified by the Federal Government, the State of California, or San Bernardino County as containing environmentally sensitive land. 

(3) DISPOSAL PROHIBITED.—The land conveyed under subsection (b) may not 

be disposed of by the Town without the approval of the Secretary. 

SEC. 3. CONVEYANCE TO CITY OF TWENTYNINE PALMS, CALIFORNIA. 

(a) CONVEYANCE REQUIRED.—At the request of the city of Twentynine Palms, 

California, not later than 1 year after the date of the enactment of this Act, the Secretary of the Interior shall convey to the city of Twentynine Palms, California, without consideration, all right, title, and interest of the United States in and to the surface estate of the land generally depicted as ‘‘Proposed Conveyance to Twentynine 

Palms’’ on the map entitled ‘‘Proposed Conveyance to Twentynine Palms’’ and dated 

September 18, 2015. 

(b) EXISTING RIGHTS AND MINERAL ESTATE.—The conveyance under this section— 

(1) is subject to valid existing rights; and 

(2) does not include the mineral estate. 

SEC. 4. CONVEYANCE TO CITY OF BARSTOW, CALIFORNIA. 

(a) CONVEYANCE REQUIRED.—At the request of the city of Barstow, California, not 

later than 1 year after the date of the enactment of this Act, the Secretary of the 

Interior shall convey to the city of Barstow, California, without consideration, all 

right, title, and interest of the United States in and to the surface estate of the land 

generally depicted as ‘‘Proposed Conveyance’’ on the map entitled ‘‘Proposed Conveyance to the City of Barstow’’ and dated January 13, 2017. 

(b) EXISTING RIGHTS AND MINERAL ESTATE.—The conveyance under this section— 

(1) is subject to valid existing rights; and 

(2) does not include the mineral estate. 

SEC. 5. CONVEYANCE TO CITY OF VICTORVILLE, CALIFORNIA. 

(a) CONVEYANCE REQUIRED.—At the request of the city of Victorville, California, 

not later than 1 year after the date of the enactment of this Act, the Secretary of 

the Interior shall convey to the city of Victorville, California, without consideration, 

all right, title, and interest of the United States in and to the surface estate of the 

land generally depicted as ‘‘Proposed Conveyance’’ on the map entitled ‘‘Proposed 

Conveyance to the City of Victorville’’ and dated April 25, 2017. 

(b) EXISTING RIGHTS AND MINERAL ESTATE.—The conveyance under this subsection— 

(1) is subject to valid existing rights; 

(2) does not include the mineral estate; and 

(3) is subject to the reservation of a permanent easement and right of way 

for flood control, utility, pipeline, or telecommunications facilities located within 

the strips of land described in the right of way grant from the United States 

Department of the Interior to Pacific Gas and Electric Company, Serial Number 

R 06259, dated March 2, 1965, and the easement from J. Harley Long to Pacific 

Gas and Electric Company, dated February 4, 1957, and recorded in Book 4192, 

Official Records at page 42, San Bernardino County Records. These easements 

include the right, at any time and from time to time, to construct, reconstruct, 

maintain, operate, replace, remove, repair, renew, and enlarge facilities for public utility purposes, the right to trim and cut down trees and brush that the 

public utility may deem to be a hazard to its facilities, and the requirement that 

the strips of land be kept open and free of buildings, structures, and wells of 

any kind. 


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1 Letter from Scott Nassif, Town of Apple Valley Mayor, to Representative Paul Cook (June 

13, 2017). 2 Hilltoppers Motorcycle Club, http://hilltoppersmc.com/ (last visited May 3, 2018). 3 Letter from John E. Cole, City of Twentynine Palms Mayor, to Representative Paul Cook 

(May 18, 2017). 

PURPOSE OF THE BILL

The purpose of H.R. 2365 is to convey certain Federal land in 

California to Apple Valley, California, Twentynine Palms, California, Barstow, California, and Victorville, California. 

BACKGROUND AND NEED FOR LEGISLATION

Like many cities and towns in the California desert, the communities of Apple Valley, Barstow, Twentynine Palms, and Victorville 

are set amidst an extensive land ownership pattern dominated by 

the federal government. In some cases, these federally-managed 

lands provide tremendous opportunity for outdoor recreation, such 

as off-highway vehicle use. In other cases, they are impeding the 

surrounding communities from responding to the pressures of population growth and fostering economic development. To meet key 

economic, community development, and recreation needs, H.R. 

2365 would convey parcels of land currently managed by the Bureau of Land Management (BLM) to local governments. 

H.R. 2365 would require that BML convey to Apple Valley approximately 4,630 acres of BLM-managed land located north and 

east of the town center. The conveyance would occur within five 

years of enactment, would be subject to valid existing rights, and 

would not include subsurface interests. The lands conveyed would 

be managed by the town as the Apple Valley Off-Highway Vehicle 

Recreation Area and would be used for off-road vehicles, competitive races, training and other recreation. According to town officials, the lands conveyed are already heavily used by off-road vehicles and managing this use will allow the town to meet obligations 

set forth in an Endangered Species Act Multi-Species Habitat Conservation Plan/Community Conservation Plan.1

H.R. 2365 would also require that BLM convey to Twentynine 

Palms approximately 80 acres located east of the city. The conveyance would occur within one year of enactment. The conveyed land 

would be subject to valid existing rights and would exclude subsurface interests. The parcel is located adjacent to an area known 

as the 29 Palms Motorsports Arena, which annually hosts the 

Hilltoppers Motorcycle Club Grand Prix, which draws more than 

1,200 racers 2 and 5,000 attendees.3 According to local officials, the 

conveyed land will allow for more publicly accessible race events, 

which will bring much-needed economic stimulus to the area. 

H.R. 2365 would also require BLM to convey to Barstow approximately 320 acres of BLM-managed land located entirely within the 

incorporated city limits. The conveyance would occur within one 

year of enactment, would be subject to valid existing rights, and 

would exclude subsurface interests. According to city officials, the 

parcel would contribute to improved vehicular circulation and reduced traffic congestion by allowing for secondary access to a key 

town center. This parcel is located adjacent to the I–15 freeway and 

its commercial development is estimated to bring in as much as 

$1,000,000 annually in sales tax revenue for Barstow. According to 

City Manager Charles Mitchell, the parcel ‘‘is one of the most imVerDate Sep 11 2014 04:23 Nov 10, 2018 Jkt 089006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR1013.XXX HR1013

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4 Letter from Charles C. Mitchell, Barstow City Manager, to Representative Paul Cook (May 

23, 2017). 5 Letter from Gloria Garcia, City of Victorville Mayor, to Natural Resources Committee Chairman Rob Bishop (May 17, 2017). 

portant pieces of vacant property in Barstow and its acquisition 

and development would be highly beneficial to [the] economically 

distressed community.’’ 4

Finally, H.R. 2365 would require BLM to convey to Victorville 

approximately 3,200 acres located either within the city limits or 

its sphere of influence. The conveyance would occur within one 

year of enactment, conveyed land would be subject to valid existing 

rights, and excludes subsurface interests. According to city officials, 

the conveyance would contribute to the Victorville’s master plan, 

which is designed to respond to projected population growth and 

serve as a transit hub between a planned high-speed passenger rail 

network connecting southern Californian communities to Las 

Vegas, Nevada. Other conveyed parcels would be used for wastewater treatment, increased transportation access, and light industrial development.5

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This Act may be cited as the ‘‘Desert Community Lands Act’’. 

Section 2. Conveyance for Apple Valley Off-Highway Vehicle Recreation Area 

This section requires that no later than five years from enactment, the Secretary of the Interior conveys to the Town of Apple 

Valley, California, approximately 4,630 acres of land to be known 

as the Apple Valley Off-Highway Vehicle (OHV) Recreation Area. 

Conveyed lands would be subject to valid existing rights and would 

not include the underlying mineral estate. Conveyed lands would 

be used by Apple Valley for any public purpose related to the establishment of an off-road vehicle recreation park; the provision of 

off-road vehicle recreation, including races and competitive events; 

and the designation of an area to discourage unauthorized use of 

OHVs in areas that contain environmentally sensitive land. Lands 

conveyed are prohibited from disposal by the town, unless approved 

by the Secretary of the Interior. 

Section 3. Conveyance to city of Twentynine Palms, California 

This section requires that no later than one year from enactment, the Secretary of the Interior conveys to the city of 

Twentynine Palms, California, approximately 80 acres of land, 

which would be subject to valid existing rights and would not include the underlying mineral estate. 

Section 4. Conveyance to city of Barstow, California 

This section requires that no later than one year from enactment, the Secretary of the Interior conveys to the city of Barstow, 

California, approximately 320 acres of land, which would be subject 

to valid existing rights and would not include the underlying mineral estate. 


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Section 5. Conveyance to city of Victorville, California 

This section requires that no later than one year from enactment, the Secretary of the Interior conveys to the city of Victorville, 

California, approximately 3,200 acres of land, which would be subject to valid existing rights and would not include the underlying 

mineral estate. The conveyance is also subject to a permanent easement and right-of-way for flood control, utility, pipeline or telecommunications facilities. 

COMMITTEE ACTION

H.R. 2365 was introduced on May 4, 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 May 17, 2018, the Subcommittee held a hearing on 

the legislation. On June 13, 2018, the Natural Resources Committee met to consider the bill. The Subcommittee was discharged 

by unanimous consent. Congressman Cook offered an amendment 

designated #1; it was adopted by voice vote. No additional amendments were offered, and the bill, as amended, was ordered favorably reported to the House of Representatives by a roll call vote of 

20 yeas and 15 nays, as follows: 


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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, July 9, 2018. 

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. 2365, the Desert Community Lands Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Jeff LaFave. 

Sincerely, 

MARK P. HADLEY

(For Keith Hall, Director). 

Enclosure. 

H.R. 2365—Desert Community Lands Act 

H.R. 2365 would require the Bureau of Land Management (BLM) 

to convey, without consideration, up to 8,200 acres of federal land 

to several cities in California. At the request of the affected cities, 

BLM would be required to convey up to four parcels of land ranging in size from 80 acres to 4,630 acres to the cities of Twentynine 

Palms, Barstow, Victorville, and Apple Valley. Under the bill, BLM 

would be required to cover any administrative costs associated with 

completing the conveyances. Using information provided by the 

agency, CBO estimates that administering the conveyances would 

cost less than $500,000; such spending would be subject to the 

availability of appropriated funds. 

Enacting the bill could reduce offsetting receipts, which are 

treated as reductions in direct spending, from rentals associated 

with rights-of-way on each parcel; however, using information provided by BLM, CBO estimates that any reduction in receipts would 

total less than $50,000 a year. Because enacting H.R. 2365 could 

affect direct spending pay-as-you-go procedures apply. Enacting the 

bill would not affect revenues. 

CBO estimates that enacting H.R. 2365 would not significantly 

increase net direct spending or on-budget deficits in any of the four 

consecutive 10-year periods beginning in 2029. 


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H.R. 2365 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is Jeff LaFave. The estimate was reviewed 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 convey certain Federal land in California to Apple 

Valley, California, Twentynine Palms, California, Barstow, California, and Victorville, California. 

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 to existing law. 


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DISSENTING VIEWS 

H.R. 2365 is another Republican proposal to transfer a significant amount of public land without any form of compensation. The 

bill authorizes four conveyances, totaling over 6000 acres, to promote access for recreation and economic development opportunities 

in San Bernardino County, California. 

This is a worthy goal, but it does not justify transferring land 

without any consideration for its value, either economic or ecological. 

Congress has a longstanding tradition of providing states and 

municipal governments with public land for specific public purposes, but federal land belongs to all Americans, and Congress has 

a responsibility to ensure that our constituents receive fair treatment whenever we consider a conveyance or any other proposal to 

dispose of federal land. There are situations in which a transfer or 

conveyance makes both economic and ecological sense, but we must 

ensure some form of compensation or guarantee that it will remain 

in public use. 

H.R. 2365 fails to include these important requirements. 

For example, the conveyance to the City of Apple Valley references the Recreation and Public Purpose Act (RPPA), a longstanding law that authorizes the BLM to provide local governments 

with land for certain public purposes. A conveyance under this title 

must be permanently used for a public purpose or ownership reverts to the United States. In addition to a standard reversionary 

clause, which the bill does not include, conveyances under the 

RPPA require a restriction on commercial activity on the conveyed 

land, another criterion the bill ignores. So, while it includes a reference to the Recreation and Public Purposes Act, it clearly does 

not follow the letter or spirit of that law. 

The remaining three conveyances authorized by the bill transfer 

federal land without any survey to determine the value or any form 

of compensation. This goes against reasonable standards for land 

conveyances established to ensure fair consideration of assets 

owned by all Americans. 

We welcome the opportunity to work with the majority to ensure 

that this bill includes these critical safeguards. 

RAU ́ L M. GRIJALVA, 

Ranking Member, House 

Committee on Natural Resources. 

GRACE F. NAPOLITANO. 

Æ 


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