II 

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. 

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) NON-FEDERAL LAND.—The term ‘‘non-Fed6 eral Land’’ means the approximately 310 acres of 

7 land owned by the Conservation District generally 

8 depicted 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-FEDERAL EXCHANGE PARCEL.—The 

13 term ‘‘non-Federal 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) FEDERAL EXCHANGE PARCEL.—The term 

21 ‘‘Federal 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) FEDERAL LAND.—The term ‘‘Federal 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 if the Conservation District offers to convey the exchange 

21 land to the United States, the Secretary shall— 

22 (1) convey to the Conservation District all 

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

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


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1 Federal exchange parcel as may be required to 

2 equalize the values of the lands exchanged; and 

3 (2) accept from the Conservation District a 

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

5 Conservation District in and to the non-Federal 

6 land, and any such portion of the non-Federal ex7 change parcel as may be required to equalize the val8 ues of the lands exchanged. 

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

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

11 the Federal Land Policy and Management Act of 1976 

12 (43 U.S.C. 1716), the amount of such equalization pay13 ment shall first be made by way of in-kind transfer of such 

14 portion of the Federal exchange parcel to the Conservation 

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

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

17 as may be necessary to equalize the fair market values 

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

19 Federal exchange parcel or non-Federal exchange parcel, 

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

21 equalization payment. To the extent such credit is not suf22 ficient to offset the entire amount of equalization payment 

23 so indicated, any remaining amount of equalization pay24 ment shall be treated as follows: 


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1 (1) If the equalization payment is to equalize 

2 values by which the Federal land exceeds the non3 Federal land and the credited value of the non-Fed4 eral exchange parcel, Conservation District may 

5 make the equalization payment to the United States, 

6 notwithstanding any limitation regarding the 

7 amount of the equalization payment under section 

8 206(b) of the Federal Land Policy and Management 

9 Act of 1976 (43 U.S.C. 1716). In the event Con10 servation District opts not to make the indicated 

11 equalization payment, the exchange shall not pro12 ceed. 

13 (2) If the equalization payment is to equalize 

14 values by which the non-Federal land exceeds the 

15 Federal land and the credited value of the Federal 

16 exchange parcel, the Secretary shall order the ex17 change without requirement of any additional equali18 zation payment by the United States to the Con19 servation District. 

20 (c) APPRAISALS.— 

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

22 under this Act shall be determined by appraisals 

23 conducted by one or more independent and qualified 

24 appraisers. 


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1 (2) The appraisals shall be conducted in accord2 ance with nationally recognized appraisal standards, 

3 including, as appropriate, the Uniform Appraisal 

4 Standards for Federal Land Acquisitions and the 

5 Uniform Standards of Professional Appraisal Prac6 tice. 

7 (d) TITLE APPROVAL.—Title to the land to be ex8 changed under this Act shall be in a format acceptable 

9 to the Secretary and the Conservation District. 

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

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

12 the Secretary shall finalize a map and legal descriptions 

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

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

15 descriptions. The map and legal descriptions shall be on 

16 file and available for public inspection in appropriate of17 fices of the Bureau of Land Management. 

18 (f) COSTS OF CONVEYANCE.—As a condition of con19 veyance, any costs related to the conveyance under this 

20 section shall be paid by the Conservation District. 

21 SEC. 4. APPLICABLE LAW. 

22 (a) ACT OF FEBRUARY 20, 1909.— 

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

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

25 public exchange land transferred under this Act. 


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1 (2) The exchange of lands under this section 

2 shall be subject to continuing rights of the Conserva3 tion District under the Act of February 20, 1909 

4 (35 Stat. 641), on the non-Federal land and any ex5 changed portion of the non-Federal exchange parcel 

6 for the continued use, maintenance, operation, con7 struction, or relocation of, or expansion of, ground8 water recharge facilities on the non-Federal land, to 

9 accommodate groundwater recharge of the Bunker 

10 Hill Basin to the extent that such activities are not 

11 in conflict with any Habitat Conservation Plan or 

12 Habitat Management Plan under which such non13 Federal land or non-Federal exchange parcel may be 

14 held or managed. 

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

16 Act, the Federal Land Policy and Management Act of 

17 1976 (43 U.S.C. 1701, et seq.), shall apply to the ex18 change of land under this Act. 

19 SEC. 5. CANCELLATION OF SECRETARIAL ORDER 241. 

20 Secretarial Order 241, dated November 11, 1929 

21 (withdrawing a portion of the Federal land for an 

22 unconstructed transmission line), is terminated and the 

23 withdrawal thereby effected is revoked. 


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Calendar No. 539 

115TH CONGRESS 

2D SESSION H. R. 497 

AN ACT 

To direct the Secretary of the Interior to convey 

poses. certain non-Federal lands, and for other purConservation District, and to accept in return California, to the San Bernardino Valley Water certain Federal lands in San Bernardino County, 

JULY 30, 2018 

Reported without amendment 


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