I 

115TH CONGRESS 

1ST SESSION 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 nonpublic lands, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 12, 2017 

Mr. COOK (for himself and Mr. AGUILAR) introduced the following bill; which 

was referred to the Committee on Natural Resources 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Santa Ana River Wash 

5 Plan Land Exchange Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) CONSERVATION DISTRICT.—The term ‘‘con2 servation district’’ means the San Bernardino Valley 

3 Water Conservation District, a political subdivision 

4 of the State of California. 

5 (2) EXCHANGE LAND.—The term ‘‘Exchange 

6 Land’’ means the approximately 310 acres of land 

7 owned by the Conservation District generally de8 picted as ‘‘SBVWCD to BLM’’ on the Map. 

9 (3) MAP.—The term ‘‘Map’’ means the map ti10 tled ‘‘Santa Ana River Wash Land Exchange’’ and 

11 dated September 3, 2015. 

12 (4) NON-PUBLIC EXCHANGE PARCEL.—The 

13 term ‘‘non-public exchange parcel’’ means the ap14 proximately 59 acres of land owned by the Conserva15 tion District generally depicted as ‘‘SBVWCD 

16 Equalization Land’’ on the Map and is to be con17 veyed to the United States if necessary to equalize 

18 the fair market values of the lands otherwise to be 

19 exchanged. 

20 (5) PUBLIC EXCHANGE PARCEL.—The term 

21 ‘‘public exchange parcel’’ means the approximately 

22 90 acres of Federal land administered by the Bu23 reau of Land Management generally depicted as 

24 ‘‘BLM Equalization Land to SBVWCD’’ on the Map 

25 and is to be conveyed to the Conservation District 


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1 if necessary to equalize the fair market values of the 

2 lands otherwise to be exchanged. 

3 (6) PUBLIC LAND.—The term ‘‘public land’’ 

4 means the approximately 327 acres of Federal land 

5 administered by the Bureau of Land Management 

6 generally depicted as ‘‘BLM Land to SBVWCD’’ on 

7 the Map. 

8 (7) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Interior. 

10 SEC. 3. EXCHANGE OF LAND; EQUALIZATION OF VALUE. 

11 (a) EXCHANGE AUTHORIZED.—Notwithstanding the 

12 land use planning requirements of sections 202, 210, and 

13 211 of the Federal Land Policy and Management Act of 

14 1976 (43 U.S.C. 1712, 1720–21), subject to valid existing 

15 rights, and conditioned upon any equalization payment 

16 necessary under section 206(b) of the Federal Land Policy 

17 and Management Act of 1976 (43 U.S.C. 1716(b)), and 

18 subsection (b) of this Act, as soon as practicable, but not 

19 later than 2 years after the date of enactment of this Act, 

20 the Secretary shall— 

21 (1) quitclaim to the conservation district all 

22 right, title, and interest of the United States in and 

23 to the public land, and any such portion of the pub24 lic exchange parcel as may be required to equalize 

25 the values of the lands exchanged; and 


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1 (2) accept from the conservation district a con2 veyance of all right, title, and interest of the con3 servation district in and to the exchange land, and 

4 any such portion of the non-public exchange parcel 

5 as may be required to equalize the values of the 

6 lands exchanged. 

7 (b) EQUALIZATION PAYMENT.—To the extent an 

8 equalization payment is necessary under section 206(b) of 

9 the Federal Land Policy and Management Act of 1976 

10 (43 U.S.C. 1716), the amount of such equalization pay11 ment shall first be made by way of in-kind transfer of such 

12 portion of the public exchange parcel to the conservation 

13 district, or transfer of such portion of the non-public ex14 change parcel to the United States, as the case may be, 

15 as may be necessary to equalize the fair market values 

16 of the exchanged properties, as such values are indicated 

17 by the appraisal provided for under the Federal Land Pol18 icy and Management Act of 1976 (43 U.S.C. 1716). Such 

19 appraisal shall include an appraisal of the public exchange 

20 parcel and the non-public exchange parcel. The fair mar21 ket value of the public exchange parcel or non-public ex22 change parcel, as the case may be, shall be credited 

23 against any required equalization payment. To the extent 

24 such credit is not sufficient to offset the entire amount 

25 of equalization payment so indicated, any remaining 


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1 amount of equalization payment shall be treated as fol2 lows: 

3 (1) If the equalization payment is to equalize 

4 values by which the public land exceeds the exchange 

5 land and the credited value of the non-public ex6 change parcel, conservation district may make the 

7 equalization payment to the United States, notwith8 standing any limitation regarding the amount of the 

9 equalization payment under section 206(b) of the 

10 Federal Land Policy and Management Act of 1976 

11 (43 U.S.C. 1716). In the event conservation district 

12 opts not to make the indicated equalization payment, 

13 the exchange shall not proceed. 

14 (2) If the equalization payment is to equalize 

15 values by which the exchange land exceeds the public 

16 land and the credited value of the public exchange 

17 parcel, the Secretary shall order the exchange with18 out requirement of any additional equalization pay19 ment by the United States to the conservation dis20 trict. 

21 (c) MAP AND LEGAL DESCRIPTIONS.—As soon as 

22 practicable after the date of the enactment of this Act, 

23 the Secretary shall finalize a map and legal descriptions 

24 of all land to be conveyed under this Act. The Secretary 

25 may correct any minor errors in the map or in the legal 


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1 descriptions. The map and legal descriptions shall be on 

2 file and available for public inspection in appropriate of3 fices of the Bureau of Land Management. 

4 (d) COSTS OF CONVEYANCE.—As a condition of con5 veyance, any costs related to the conveyance under this 

6 section shall be paid by the conservation district. 

7 SEC. 4. APPLICABLE LAW. 

8 (a) ACT OF FEBRUARY 20, 1909.— 

9 (1) The Act of February 20, 1909 (35 Stat. 

10 641), shall not apply to the public land and any pub11 lic exchange land transferred under this Act. 

12 (2) The exchange of lands under this section 

13 shall be subject to continuing rights of the conserva14 tion district under the Act of February 20, 1909 (35 

15 Stat. 641), on the exchange land and any exchanged 

16 portion of the non-public exchange parcel for the 

17 continued use, maintenance, operation, construction, 

18 or relocation of, or expansion of, groundwater re19 charge facilities on the exchange land, to accommo20 date groundwater recharge of the Bunker Hill Basin 

21 to the extent that such activities are not in conflict 

22 with any Habitat Conservation Plan or Habitat 

23 Management Plan under which such exchange land 

24 or non-public exchange parcel may be held or man25 aged. 


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1 (b) FLPMA.—Except as otherwise provided in this 

2 Act, the Federal Land Policy and Management Act of 

3 1976 (43 U.S.C. 1701, et seq.), shall apply to the ex4 change of land under this Act. 

5 SEC. 5. CANCELLATION OF SECRETARIAL ORDER 241. 

6 Secretarial Order 241, dated November 11, 1929 

7 (withdrawing a portion of the public land for an 

8 unconstructed transmission line), is terminated and the 

9 withdrawal thereby effected is revoked. 

Æ 


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