[Congressional Record Volume 146, Number 123 (Thursday, October 5, 2000)]
[Senate]
[Page S9990]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    LAND CONVEYANCE AND SETTLEMENT, SAN BERNARDINO NATIONAL FOREST, 
                           CALIFORNIA TO KATY

  The Senate proceeded to consider the bill (S. 2111) 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, which had been reported by the Committee 
on Energy and Natural Resources with an amendment as follows:

       (Strike out all after the enacting clause and insert the 
     part printed in italic)

     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.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 2111), as amended, was read the third time and passed.

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