IIB 

115TH CONGRESS 

1ST 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 

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. 

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


SSpencer on DSKBBV9HB2PROD with BILLS
2 

HR 497 RFS

1 SECTION 1. SHORT TITLE. 

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

3 Plan Land Exchange Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) CONSERVATION DISTRICT.—The term ‘‘Con7 servation District’’ means the San Bernardino Valley 

8 Water Conservation District, a political subdivision 

9 of the State of California. 

10 (2) NON-FEDERAL LAND.—The term ‘‘non-Fed11 eral Land’’ means the approximately 310 acres of 

12 land owned by the Conservation District generally 

13 depicted as ‘‘SBVWCD to BLM’’ on the Map. 

14 (3) MAP.—The term ‘‘Map’’ means the map ti15 tled ‘‘Santa Ana River Wash Land Exchange’’ and 

16 dated September 3, 2015. 

17 (4) NON-FEDERAL EXCHANGE PARCEL.—The 

18 term ‘‘non-Federal exchange parcel’’ means the ap19 proximately 59 acres of land owned by the Conserva20 tion District generally depicted as ‘‘SBVWCD 

21 Equalization Land’’ on the Map and is to be con22 veyed to the United States if necessary to equalize 

23 the fair market values of the lands otherwise to be 

24 exchanged. 

25 (5) FEDERAL EXCHANGE PARCEL.—The term 

26 ‘‘Federal exchange parcel’’ means the approximately 


SSpencer on DSKBBV9HB2PROD with BILLS
3 

HR 497 RFS

1 90 acres of Federal land administered by the Bu2 reau of Land Management generally depicted as 

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

4 and is to be conveyed to the Conservation District 

5 if necessary to equalize the fair market values of the 

6 lands otherwise to be exchanged. 

7 (6) FEDERAL LAND.—The term ‘‘Federal land’’ 

8 means the approximately 327 acres of Federal land 

9 administered by the Bureau of Land Management 

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

11 the Map. 

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

13 the Secretary of the Interior. 

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

15 (a) EXCHANGE AUTHORIZED.—Notwithstanding the 

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

17 211 of the Federal Land Policy and Management Act of 

18 1976 (43 U.S.C. 1712, 1720–21), subject to valid existing 

19 rights, and conditioned upon any equalization payment 

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

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

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

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

24 if the Conservation District offers to convey the exchange 

25 land to the United States, the Secretary shall— 


SSpencer on DSKBBV9HB2PROD with BILLS
4 

HR 497 RFS

1 (1) convey to the Conservation District all 

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

3 to the Federal land, and any such portion of the 

4 Federal exchange parcel as may be required to 

5 equalize the values of the lands exchanged; and 

6 (2) accept from the Conservation District a 

7 conveyance of all right, title, and interest of the 

8 Conservation District in and to the non-Federal 

9 land, and any such portion of the non-Federal ex10 change parcel as may be required to equalize the val11 ues of the lands exchanged. 

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

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

14 the Federal Land Policy and Management Act of 1976 

15 (43 U.S.C. 1716), the amount of such equalization pay16 ment shall first be made by way of in-kind transfer of such 

17 portion of the Federal exchange parcel to the Conservation 

18 District, or transfer of such portion of the non-Federal 

19 exchange parcel to the United States, as the case may be, 

20 as may be necessary to equalize the fair market values 

21 of the exchanged properties. The fair market value of the 

22 Federal exchange parcel or non-Federal exchange parcel, 

23 as the case may be, shall be credited against any required 

24 equalization payment. To the extent such credit is not suf25 ficient to offset the entire amount of equalization payment 


SSpencer on DSKBBV9HB2PROD with BILLS
5 

HR 497 RFS

1 so indicated, any remaining amount of equalization pay2 ment shall be treated as follows: 

3 (1) If the equalization payment is to equalize 

4 values by which the Federal land exceeds the non5 Federal land and the credited value of the non-Fed6 eral exchange parcel, Conservation District may 

7 make the equalization payment to the United States, 

8 notwithstanding any limitation regarding the 

9 amount of the equalization payment under section 

10 206(b) of the Federal Land Policy and Management 

11 Act of 1976 (43 U.S.C. 1716). In the event Con12 servation District opts not to make the indicated 

13 equalization payment, the exchange shall not pro14 ceed. 

15 (2) If the equalization payment is to equalize 

16 values by which the non-Federal land exceeds the 

17 Federal land and the credited value of the Federal 

18 exchange parcel, the Secretary shall order the ex19 change without requirement of any additional equali20 zation payment by the United States to the Con21 servation District. 

22 (c) APPRAISALS.— 

23 (1) The value of the land to be exchanged 

24 under this Act shall be determined by appraisals 


SSpencer on DSKBBV9HB2PROD with BILLS
6 

HR 497 RFS

1 conducted by one or more independent and qualified 

2 appraisers. 

3 (2) The appraisals shall be conducted in accord4 ance with nationally recognized appraisal standards, 

5 including, as appropriate, the Uniform Appraisal 

6 Standards for Federal Land Acquisitions and the 

7 Uniform Standards of Professional Appraisal Prac8 tice. 

9 (d) TITLE APPROVAL.—Title to the land to be ex10 changed under this Act shall be in a format acceptable 

11 to the Secretary and the Conservation District. 

12 (e) MAP AND LEGAL DESCRIPTIONS.—As soon as 

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

14 the Secretary shall finalize a map and legal descriptions 

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

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

17 descriptions. The map and legal descriptions shall be on 

18 file and available for public inspection in appropriate of19 fices of the Bureau of Land Management. 

20 (f) COSTS OF CONVEYANCE.—As a condition of con21 veyance, any costs related to the conveyance under this 

22 section shall be paid by the Conservation District. 

23 SEC. 4. APPLICABLE LAW. 

24 (a) ACT OF FEBRUARY 20, 1909.— 


SSpencer on DSKBBV9HB2PROD with BILLS
7 

HR 497 RFS

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

2 641), shall not apply to the Federal land and any 

3 public exchange land transferred under this Act. 

4 (2) The exchange of lands under this section 

5 shall be subject to continuing rights of the Conserva6 tion District under the Act of February 20, 1909 

7 (35 Stat. 641), on the non-Federal land and any ex8 changed portion of the non-Federal exchange parcel 

9 for the continued use, maintenance, operation, con10 struction, or relocation of, or expansion of, ground11 water recharge facilities on the non-Federal land, to 

12 accommodate groundwater recharge of the Bunker 

13 Hill Basin to the extent that such activities are not 

14 in conflict with any Habitat Conservation Plan or 

15 Habitat Management Plan under which such non16 Federal land or non-Federal exchange parcel may be 

17 held or managed. 

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

19 Act, the Federal Land Policy and Management Act of 

20 1976 (43 U.S.C. 1701, et seq.), shall apply to the ex21 change of land under this Act. 

22 SEC. 5. CANCELLATION OF SECRETARIAL ORDER 241. 

23 Secretarial Order 241, dated November 11, 1929 

24 (withdrawing a portion of the Federal land for an 


SSpencer on DSKBBV9HB2PROD with BILLS
8 

HR 497 RFS

1 unconstructed transmission line), is terminated and the 

2 withdrawal thereby effected is revoked. 

Passed the House of Representatives June 27, 2017. 

Attest: KAREN L. HAAS, 

Clerk. 


SSpencer on DSKBBV9HB2PROD with BILLS