[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2111 Reported in Senate (RS)]






                                                       Calendar No. 925
106th CONGRESS
  2d Session
                                S. 2111

                          [Report No. 106-476]

To direct the Secretary of Agriculture to convey for fair market value 
 1.06 acres of land in the San Bernardino National Forest, California, 
              to KATY 101.3 FM, a California corporation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 28, 2000

Mrs. Feinstein introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

            October 3 (legislative day, September 22), 2000

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of Agriculture to convey for fair market value 
 1.06 acres of land in the San Bernardino National Forest, California, 
              to KATY 101.3 FM, a California corporation.

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

<DELETED>SECTION. 1. SALE OF LAND TO KATY 101.3 FM, A CALIFORNIA 
              CORPORATION.</DELETED>

<DELETED>    (a) In General.--Subject to valid existing rights and 
settlement of claims as provided in this section, the Secretary of 
Agriculture (referred to in this section as the ``Secretary'') shall 
convey to KATY 101.3 FM, a California corporation (referred to in this 
section as ``KATY''), for fair market value, all right, title, and 
interest of the United States in and to the land described in 
subsection (b).</DELETED>
<DELETED>    (b) Land Description.--</DELETED>
        <DELETED>    (1) In general.--The land referred to in 
        subsection (a) is the approximately 1.06 acres of land in the 
        San Bernardino National Forest, Riverside County, California, 
        generally located in the north half of section 23, Township 5 
        South, Range 2 East, San Bernardino Meridian, as generally 
        depicted as Exhibit A-2 in an appraisal report of the land 
        dated August 26, 1999.</DELETED>
        <DELETED>    (2) Legal description.--The Secretary and KATY 
        shall agree on the legal description of the land.</DELETED>
<DELETED>    (c) Consideration.--</DELETED>
        <DELETED>    (1) In general.--Consideration for the conveyance 
        under subsection (a) shall be equal to the appraised fair 
        market value of the property.</DELETED>
        <DELETED>    (2) Appraisal standards.--An appraisal to 
        determine fair market value under paragraph (1) shall be--
        </DELETED>
                <DELETED>    (A) prepared in conformity with the 
                Uniform Appraisal Standards for Federal Land 
                Acquisitions; and</DELETED>
                <DELETED>    (B) approved by the Secretary.</DELETED>
<DELETED>    (d) Costs.--Any costs associated with the creation of a 
subdivided parcel, recordation of a survey, and zoning and planning 
approval and similar expenses shall be paid by KATY.</DELETED>
<DELETED>    (e) Access.--Notwithstanding section 1323(a) of the Alaska 
National Interest Lands Conservation Act (16 U.S.C. 3210(a)) or any 
other law, the Secretary shall not be required to provide access over 
the National Forest System land to the land conveyed under subsection 
(a).</DELETED>
<DELETED>    (f) Release.--On payment by KATY to the Secretary of 
$16,600, the Secretary shall release KATY from all claims of the United 
States arising from the occupancy and use of San Bernardino National 
Forest land by KATY for communication site purposes.</DELETED>
<DELETED>    (g) Use of Funds.--All funds received by the Secretary 
under this section--</DELETED>
        <DELETED>    (1) shall be deposited in the fund established 
        under Public Law 90-171 (commonly known as the ``Sisk Act'') 
        (16 U.S.C. 484a); and</DELETED>
        <DELETED>    (2) shall remain available until expended for the 
        acquisition of land, water, and interests in land or water for 
        the San Bernardino National Forest, California.</DELETED>

SECTION 1. LAND CONVEYANCE AND SETTLEMENT, SAN BERNARDINO NATIONAL 
              FOREST, CALIFORNIA.

    (a) Conveyance Required.--Subject to valid existing rights and 
settlement of claims as provided in this section, the Secretary of 
Agriculture shall convey to KATY 101.3 FM (in this section referred to 
as ``KATY'') all right, title and interest of the United States in and 
to a parcel of real property consisting of approximately 1.06 acres 
within the San Bernardino National Forest in Riverside County, 
California, generally located in the north \1/2\ of section 23, 
township 5 south, range 2 east, San Bernardino meridian.
    (b) Legal Description.--The Secretary and KATY shall, by mutual 
agreement, prepare the legal description of the parcel of real property 
to be conveyed under subsection (a), which is generally depicted as 
Exhibit A-2 in an appraisal report of the subject parcel dated August 
26, 1999, by Paul H. Meiling.
    (c) Consideration.--Consideration for the conveyance under 
subsection (a) shall be equal to the appraised fair market value of the 
parcel of real property to be conveyed. Any appraisal to determine the 
fair market value of the parcel shall be prepared in conformity with 
the Uniform Appraisal Standards for Federal Land Acquisition and 
approved by the Secretary.
    (d) Settlement.--In addition to the consideration referred to in 
subsection (c), upon the receipt of $16,600 paid by KATY to the 
Secretary, the Secretary shall release KATY from any and all claims of 
the United States arising from the occupancy and use of the San 
Bernardino National Forest by KATY for communication site purposes.
    (e) Access Requirements.--Notwithstanding section 1323(a) of the 
Alaska National Interest Lands Conservation Act (16 U.S.C. 3210(a)) or 
any other law, the Secretary is not required to provide access over 
National Forest System lands to the parcel of real property to be 
conveyed under subsection (a).
    (f) Administrative Costs.--Any costs associated with the creation 
of a subdivided parcel, recordation of a survey, zoning, and planning 
approval, and similar expenses with respect to the conveyance under 
this section, shall be borne by KATY.
    (g) Assumption of Liability.--By acceptance of the conveyance of 
the parcel of real property referred to in subsection (a), KATY, and 
its successors and assigns will indemnify and hold harmless the United 
States for any and all liability to General Telephone and Electronics 
Corporation (also known as ``GTE'') KATY, and any third party that is 
associated with the parcel, including liability for any buildings or 
personal property on the parcel belonging to GTE and any other third 
parties.
    (h) Treatment of Receipts.--All funds received pursuant to this 
section shall be deposited in the fund established under Public Law 90-
171 (16 U.S.C. 484a; commonly known as the Sisk Act), and the funds 
shall remain available to the Secretary, until expended, for the 
acquisition of lands, waters, and interests in land for the inclusion 
in the San Bernardino National Forest.
    (i) Receipts Act Amendment.--The Act of June 15, 1938 (Chapter 
438:52 Stat. 699), as amended by the Acts of May 26, 1944 (58 Stat. 
227), is further amended--
            (1) by striking the comma after the words ``Secretary of 
        Agriculture'';
            (2) by striking the words ``with the approval of the 
        National Forest Reservation Commission established by section 4 
        of the Act of March 1, 1911 (16 U.S.C. 513),'';
            (3) by inserting the words ``, real property or interests 
        in lands,'' after the word ``lands'' the first time it is used;
            (4) by striking ``San Bernardino and Cleveland'' and 
        inserting ``counties of San Bernardino, Cleveland and Los 
        Angeles'';
            (5) by striking ``county of Riverside'' each place it 
        appears and inserting ``counties of Riverside and San 
        Bernardino'';
            (6) by striking ``as to minimize soil erosion and flood 
        damage'' and inserting ``for National Forest System purposes''; 
        and
            (7) after the ``Provided further, That'', by striking the 
        remainder of the sentence to the end of the paragraph, and 
        inserting ``twelve and one-half percent of the monies otherwise 
        payable to the State of California for the benefit of San 
        Bernardino County under the aforementioned Act of March 1, 1911 
        (16 U.S.C. 500) shall be available to be appropriated for 
        expenditure in furtherance of this Act.




                                                       Calendar No. 925

106th CONGRESS

  2d Session

                                S. 2111

                          [Report No. 106-476]

_______________________________________________________________________

                                 A BILL

To direct the Secretary of Agriculture to convey for fair market value 
 1.06 acres of land in the San Bernardino National Forest, California, 
              to KATY 101.3 FM, a California corporation.

_______________________________________________________________________

            October 3 (legislative day, September 22), 2000

                       Reported with an amendment