[House Report 115-1013]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-1013
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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--
(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.
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\
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\1\ Letter from Scott Nassif, Town of Apple Valley Mayor, to
Representative Paul Cook (June 13, 2017).
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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.
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\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).
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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 important pieces of vacant property in Barstow and its
acquisition and development would be highly beneficial to [the]
economically distressed community.''\4\
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\4\ Letter from Charles C. Mitchell, Barstow City Manager, to
Representative Paul Cook (May 23, 2017).
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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\
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\5\ Letter from Gloria Garcia, City of Victorville Mayor, to
Natural Resources Committee Chairman Rob Bishop (May 17, 2017).
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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.
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:
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.
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.
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.
Raul M. Grijalva,
Ranking Member, House
Committee on Natural
Resources.
Grace F. Napolitano.
[all]