[Congressional Record Volume 146, Number 132 (Thursday, October 19, 2000)]
[Senate]
[Pages S10837-S10838]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 CONVEYING PUBLIC DOMAIN LAND IN THE SAN BERNARDINO NATIONAL FOREST IN 
                        THE STATE OF CALIFORNIA

  Mr. SESSIONS. I ask unanimous consent the Energy Committee be 
discharged from further consideration of H.R. 3657, and the Senate then 
proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 3657) to provide for the conveyance of a small 
     parcel of public domain land in the San Bernardino National 
     Forest in the State of California, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.


                           amendment no. 4328

  Mr. SESSIONS. Senator Murkowski has an amendment at the desk. I ask 
for its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Alabama [Mr. Sessions], for Mr. Murkowski, 
     proposes an amendment numbered 4328.

  The amendment is as follows:

     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 ``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.''.

     SEC. 2. SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL 
                   MONUMENT CLARIFYING AMENDMENTS.

       The Santa Rosa and San Jacinto Mountains National Monument 
     Act of 2000 is amended as follows:
       (1) In the second sentence of section 2(d)(1), by striking 
     ``and the Committee on Agriculture, Nutrition, and 
     Forestry''.
       (2) In the second sentence of section 4(a)(3), by striking 
     ``Nothing in this section'' and inserting ``Nothing in this 
     Act''.
       (3) In section 4(c)(1), by striking ``any person, 
     including''.
       (4) In section 5, by adding at the end the following:
       ``(j) Wilderness Protection.--Nothing in this Act alters 
     the management of any areas designated as Wilderness which 
     are within the boundaries of the National Monument. All such 
     areas shall remain subject to the Wilderness Act (16 U.S.C. 
     1131 et seq.), the laws designating such areas as Wilderness, 
     and other applicable laws. If any part of this Act conflicts 
     with any provision of those laws with respect to the 
     management of the Wilderness areas, such provision shall 
     control.''.

     SEC. 3. TECHNICAL CORRECTION.

       The Santo Domingo Pueblo Claims Settlement Act of 2000 is 
     amended by adding at the end:

     ``SEC. 7. MISCELLANEOUS PROVISIONS.

       ``(a) Exchange of Certain Lands With New Mexico.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall acquire by 
     exchange the State of New Mexico trust lands located in 
     township 16 north, range 4 east, section 2, and all interests 
     therein, including improvements, mineral rights and water 
     rights.
       ``(2) Use of other lands.--In acquiring lands by exchange 
     under paragraph (1), the Secretary may utilize unappropriated 
     public lands within the State of New Mexico.
       ``(3) Value of lands.--The lands exchanged under this 
     subsection shall be of approximately equal value, and the 
     Secretary may credit or debit the ledger account established 
     in the Memorandum of Understanding between the Bureau of Land 
     Management, the New Mexico State Land Office, and the New 
     Mexico Commissioner of Public Lands, in order to equalize the 
     values of the lands exchanged.
       ``(4) Conveyance.--
       ``(A) By secretary.--Upon the acquisition of lands under 
     paragraph (1), the Secretary shall convey all title and 
     interest to such lands to the Pueblo by sale, exchange or 
     otherwise, and the Pueblo shall have the exclusive right to 
     acquire such lands.
       ``(B) By pueblo.--Upon the acquisition of lands under 
     subparagraph (A), the Pueblo may convey such land to the 
     Secretary who shall accept and hold such lands in trust for 
     the benefit of the Pueblo.
       (b) Other Exchanges of Land.--
       ``(1) In general.--In order to further the purposes of this 
     Act--
       ``(A) the Pueblo may enter into agreements to exchange 
     restricted lands for lands described in paragraph (2); and
       ``(B) any land exchange agreements between the Pueblo and 
     any of the parties to the action referred to in paragraph (2) 
     that are executed not later than December 31, 2001, shall be 
     deemed to be approved.
       ``(2) Lands.--The land described in this paragraph is the 
     land, title to which was at issue in Pueblo of Santo Domingo 
     v. Rael (Civil No. 83-1888 (D.N.M.)).
       ``(3) Land to be held in trust.--Upon the acquisition of 
     lands under paragraph (1), the

[[Page S10838]]

     Pueblo may convey such land to the Secretary who shall accept 
     and hold such lands in trust for the benefit of the Pueblo.
       ``(4) Rule of construction.--Nothing in this subsection 
     shall be construed to limit the provisions of section 5(a) 
     relating to the extinguishment of the land claims of the 
     Pueblo.
       ``(c) Approval of Certain Resolutions.--All agreements, 
     transactions, and conveyances authorized by Resolutions 97-
     010 and C22-99 as enacted by the Tribal Council of the Pueblo 
     de Cochiti, and Resolution S.D. 12-99-36 as enacted by the 
     Tribal Council of the Pueblo of Santo Domingo, pertaining to 
     boundary disputes between the Pueblo de Cochiti and the 
     Pueblo of Santo Domingo, are hereby approved, including the 
     Pueblo de Cochiti's agreement to relinquish its claim to the 
     southwest corner of its Spanish Land Grant, to the extent 
     that such land overlaps with the Santo Domingo Pueblo Grant, 
     and to disclaim any right to receive compensation from the 
     United States or any other party with respect to such 
     overlapping lands.''

  Mr. SESSIONS. I ask unanimous consent the amendment be agreed to.
  The amendment (No. 4328) was agreed to.
  Mr. SESSIONS. I ask unanimous consent the bill be read the third time 
and passed, as amended, the motion to reconsider be laid upon the 
table, and any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 3657), as amended, was read the third time and passed.

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