Santa Ana River Wash Plan Land Exchange Act

II 116TH CONGRESS 1ST SESSION S. 308 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. IN THE SENATE OF THE UNITED STATES JANUARY 31, 2019 Mrs. FEINSTEIN (for herself and Ms. HARRIS) introduced the following bill; which was read twice and referred to the Committee on Energy and Nat- ural Resources 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Santa Ana River Wash 4 Plan Land Exchange Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 VerDate Sep 11 2014 01:37 Feb 09, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S308.IS S308 pbinns on DSK79D2C42PROD with BILLS 2 •S 308 IS (1) CONSERVATION DISTRICT.—The term ‘‘Con- 1 servation District’’ means the San Bernardino Valley 2 Water Conservation District, a political subdivision 3 of the State of California. 4 (2) FEDERAL EXCHANGE PARCEL.—The term 5 ‘‘Federal exchange parcel’’ means the approximately 6 90 acres of Federal land administered by the Bu- 7 reau of Land Management generally depicted as 8 ‘‘BLM Equalization Land to SBVWCD’’ on the Map 9 and is to be conveyed to the Conservation District 10 if necessary to equalize the fair market values of the 11 lands otherwise to be exchanged. 12 (3) FEDERAL LAND.—The term ‘‘Federal land’’ 13 means the approximately 327 acres of Federal land 14 administered by the Bureau of Land Management 15 generally depicted as ‘‘BLM Land to SBVWCD’’ on 16 the Map. 17 (4) MAP.—The term ‘‘Map’’ means the map en- 18 titled ‘‘Santa Ana River Wash Land Exchange’’ and 19 dated September 3, 2015. 20 (5) NON-FEDERAL EXCHANGE PARCEL.—The 21 term ‘‘non-Federal exchange parcel’’ means the ap- 22 proximately 59 acres of land owned by the Conserva- 23 tion District generally depicted as ‘‘SBVWCD 24 Equalization Land’’ on the Map and is to be con- 25 VerDate Sep 11 2014 01:37 Feb 09, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S308.IS S308 pbinns on DSK79D2C42PROD with BILLS 3 •S 308 IS veyed to the United States if necessary to equalize 1 the fair market values of the lands otherwise to be 2 exchanged. 3 (6) NON-FEDERAL LAND.—The term ‘‘non-Fed- 4 eral Land’’ means the approximately 310 acres of 5 land owned by the Conservation District generally 6 depicted as ‘‘SBVWCD Land to BLM’’ on the Map. 7 (7) SECRETARY.—The term ‘‘Secretary’’ means 8 the Secretary of the Interior. 9 SEC. 3. EXCHANGE OF LAND; EQUALIZATION OF VALUE. 10 (a) EXCHANGE AUTHORIZED.—Notwithstanding the 11 land use planning requirements of sections 202, 210, and 12 211 of the Federal Land Policy and Management Act of 13 1976 (43 U.S.C. 1712, 1720, 1721), subject to valid exist- 14 ing rights, and conditioned upon any equalization payment 15 necessary under section 206(b) of the Federal Land Policy 16 and Management Act of 1976 (43 U.S.C. 1716(b)), and 17 subsection (b), as soon as practicable, but not later than 18 2 years after the date of enactment of this Act, if the Con- 19 servation District offers to convey the exchange land to 20 the United States, the Secretary shall— 21 (1) convey to the Conservation District all 22 right, title, and interest of the United States in and 23 to the Federal land, and any such portion of the 24 VerDate Sep 11 2014 01:37 Feb 09, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S308.IS S308 pbinns on DSK79D2C42PROD with BILLS 4 •S 308 IS Federal exchange parcel as may be required to 1 equalize the values of the lands exchanged; and 2 (2) accept from the Conservation District a 3 conveyance of all right, title, and interest of the 4 Conservation District in and to the non-Federal 5 land, and any such portion of the non-Federal ex- 6 change parcel as may be required to equalize the val- 7 ues of the lands exchanged. 8 (b) EQUALIZATION PAYMENT.—To the extent an 9 equalization payment is necessary under section 206(b) of 10 the Federal Land Policy and Management Act of 1976 11 (43 U.S.C. 1716(b)), the amount of such equalization pay- 12 ment shall first be made by way of in-kind transfer of such 13 portion of the Federal exchange parcel to the Conservation 14 District, or transfer of such portion of the non-Federal 15 exchange parcel to the United States, as the case may be, 16 as may be necessary to equalize the fair market values 17 of the exchanged properties. The fair market value of the 18 Federal exchange parcel or non-Federal exchange parcel, 19 as the case may be, shall be credited against any required 20 equalization payment. To the extent such credit is not suf- 21 ficient to offset the entire amount of equalization payment 22 so indicated, any remaining amount of equalization pay- 23 ment shall be treated as follows: 24 VerDate Sep 11 2014 01:37 Feb 09, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S308.IS S308 pbinns on DSK79D2C42PROD with BILLS 5 •S 308 IS (1) If the equalization payment is to equalize 1 values by which the Federal land exceeds the non- 2 Federal land and the credited value of the non-Fed- 3 eral exchange parcel, Conservation District may 4 make the equalization payment to the United States, 5 notwithstanding any limitation regarding the 6 amount of the equalization payment under section 7 206(b) of the Federal Land Policy and Management 8 Act of 1976 (43 U.S.C. 1716(b)). In the event Con- 9 servation District opts not to make the indicated 10 equalization payment, the exchange shall not pro- 11 ceed. 12 (2) If the equalization payment is to equalize 13 values by which the non-Federal land exceeds the 14 Federal land and the credited value of the Federal 15 exchange parcel, the Secretary shall order the ex- 16 change without requirement of any additional equali- 17 zation payment by the United States to the Con- 18 servation District. 19 (c) APPRAISALS.— 20 (1) The value of the land to be exchanged 21 under this Act shall be determined by appraisals 22 conducted by one or more independent and qualified 23 appraisers. 24 VerDate Sep 11 2014 01:37 Feb 09, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S308.IS S308 pbinns on DSK79D2C42PROD with BILLS 6 •S 308 IS (2) The appraisals shall be conducted in accord- 1 ance with nationally recognized appraisal standards, 2 including, as appropriate, the Uniform Appraisal 3 Standards for Federal Land Acquisitions and the 4 Uniform Standards of Professional Appraisal Prac- 5 tice. 6 (d) TITLE APPROVAL.—Title to the land to be ex- 7 changed under this Act shall be in a format acceptable 8 to the Secretary and the Conservation District. 9 (e) MAP AND LEGAL DESCRIPTIONS.—As soon as 10 practicable after the date of enactment of this Act, the 11 Secretary shall finalize a map and legal descriptions of all 12 land to be conveyed under this Act. The Secretary may 13 correct any minor errors in the map or in the legal descrip- 14 tions. The map and legal descriptions shall be on file and 15 available for public inspection in appropriate offices of the 16 Bureau of Land Management. 17 (f) COSTS OF CONVEYANCE.—As a condition of con- 18 veyance, any costs related to the conveyance under this 19 Act shall be paid by the Conservation District. 20 SEC. 4. APPLICABLE LAW. 21 (a) ACT OF FEBRUARY 20, 1909.— 22 (1) The Act of February 20, 1909 (35 Stat. 23 641), shall not apply to the Federal land and any 24 public exchange land transferred under this Act. 25 VerDate Sep 11 2014 01:37 Feb 09, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S308.IS S308 pbinns on DSK79D2C42PROD with BILLS 7 •S 308 IS (2) The exchange of lands under this Act shall 1 be subject to continuing rights of the Conservation 2 District under the Act of February 20, 1909 (35 3 Stat. 641), on the non-Federal land and any ex- 4 changed portion of the non-Federal exchange parcel 5 for the continued use, maintenance, operation, con- 6 struction, or relocation of, or expansion of, ground- 7 water recharge facilities on the non-Federal land, to 8 accommodate groundwater recharge of the Bunker 9 Hill Basin to the extent that such activities are not 10 in conflict with any Habitat Conservation Plan or 11 Habitat Management Plan under which such non- 12 Federal land or non-Federal exchange parcel may be 13 held or managed. 14 (b) FLPMA.—Except as otherwise provided in this 15 Act, the Federal Land Policy and Management Act of 16 1976 (43 U.S.C. 1701 et seq.), shall apply to the exchange 17 of land under this Act. 18 SEC. 5. CANCELLATION OF SECRETARIAL ORDER 241. 19 Secretarial Order 241, dated November 11, 1929 20 (withdrawing a portion of the Federal land for an 21 unconstructed transmission line), is terminated and the 22 withdrawal thereby effected is revoked. 23 Æ VerDate Sep 11 2014 01:37 Feb 09, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S308.IS S308 pbinns on DSK79D2C42PROD with BILLS