[Senate Report 106-476]
[From the U.S. Government Publishing Office]
Calendar No. 925
106th Congress Report
SENATE
2d Session 106-476
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CONVEYANCE OF LAND IN THE SAN BERNARDINO NATIONAL FOREST, CALIFORNIA
_______
October 3 (legislative day, September 22), 2000.--Ordered to be printed
_______
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2111]
The Committee on Energy and Natural Resources, to which was
referred 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, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
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 Acquisitions 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, 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.
Purpose of the Measure
The purpose of S. 2111 is to provide for the conveyance of
a 1.06 acre parcel within and adjacent to the boundary of the
San Bernardino National Forest in the State of California to
the radio station KATY 101.3 FM for the continued use as an
antenna site and for other purposes.
Background and Need
S. 2111 directs the Secretary of Agriculture to sell at
fair market value a 1.06 acre parcel of public domain land
lying within the exterior boundary of San Bernardino National
Forest to KATY 101.3 FM so that it may continue to be used as
an antenna site by the radio station.
In 1988, Mr. and Mrs. Cliff and Katy Gill received a
construction permit from the Federal Communication Commission
for a radio station to serve Idyllwild, California, a community
of approximately 3,000 residents, located at 5,200 feet in the
San Jacinto Mountains. The community is surrounded by mountains
and public land, including the San Bernardino National Forest
and State and local parkland. The combination of the rugged
terrain and limited amount of private land severely limited the
availability of antenna sites that would provide a signal
capable of reaching the entire community of Idyllwild,
neighboring mountain communities, and Highway 74, the route
that connects the communities to the valley below. No private
land site proved suitable, although KATY did begin broadcasting
in December 1989 with a weak signal and fragmented coverage
from a temporary antenna on a time-shared campground.
The Gills continued to search for a more suitable antenna
site. They learned of a location on the San Bernardino National
Forest that had been operated as a communications site for more
than 30 years by the General Telephone and Electronics
Corporation under a special use permit from the Forest Service,
United States Department of Agriculture. This site is located
on a geographical feature known as Inspiration Point, adjacent
to the exterior boundary of the National Forest and a private
subdivision. GTE offered to sublease space to KATY on its
wooden antenna tower and within its cinder block equipment
shed. The Gills signed a sublease with GTE and attached their
station's antenna to the GTE tower in 1995.
The value of the station and the antenna site was promptly
established. KATY signed an agreement with the local, limited
coverage, emergency broadcast station, WNKI, to carry WNKI's
emergency bulletins. The FCC and the California State Office of
Emergency Services designated KATY as the Local Primary Station
to broadcast emergency information during disasters. In 1996,
KATY aired nearly 200 announcements concerning the Bee Canyon
fire, including the mandatory evacuation order and safe return
notice for Idyllwild. Two years later, KATY broadcast another
mandatory order to evacuate a second community also threatened
by wildlife.
However, KATY found its continued use of the National
Forest site jeopardized when the local district ranger
addressed a letter to Mr. Gill informing him that KATY was in
trespass because GTE had no authority under its special use
permit to sublease the site to the radio station. KATY was
ordered to vacate the site.
Following written correspondence from the then Chairman and
ranking minority member of this Committee (Senators Murkowski
and Johnston) with the Secretary of Agriculture and the Chief
of the Forest Service, Senate conferees offered, and the
conference committee agreed to insert, a provision in the
Omnibus Parks and Public Lands Management Act of 1966 (section
1037, P.L. 104-333) that directed the Secretary to determine
whether the continued presence of the KATY antenna on the GTE
communications site was in the public interest and to report
his determination to this Committee and the Committee on
Resources, House of Representatives.
Instead of submitting the report to Congress, the Forest
Service approached KATY about the willingness of the station to
purchase the site. KATY agreed to buy the 1.06 acre parcel for
fair market value and to commission a survey and appraisal
acceptable to the agency. In return for a release of KATY from
any and all claims the United States might have against the
station arising from the station's occupancy and use of the
National Forest site, KATY also agreed to pay to the Forest
Service the rent it would otherwise have owed to the agency had
it received a special use permit for the site.
Summary of Major Provisions
S. 2111 directs the Secretary of Agriculture to sell to
KATY the 1.06 acre parcel in the San Bernardino National Forest
for fair market value upon the Secretary's approval of an
appraisal that conforms with the Uniform Appraisal Standards
for Federal Land Acquisition. It also provides the release to
KATY for claims of the United States upon payment by the
station of $16,600--the amount equivalent to the rent the
Forest Service calculated it would have charged KATY under a
special use permit.
Other provisions of S. 2111 make clear that KATY is
responsible for any subdivision, recordation, and zoning costs
related to continued use of the parcel after conveyance and
that the Forest Service is not required to grant access across
national forest land to the site; provide that KATY, upon
acceptance of title, holds harmless the United States from any
third party claims associated with the parcel; and authorizes
use of the funds received from KATY under the bill for
acquisition of other land for inclusion in the San Bernardino
National Forest.
Finally, the bill amends the Receipts Act of 1938 to
redirect one-half of the twenty-five percent payments from the
San Bernardino National Forest. Currently, San Bernardino
County receives the payments, and this section directs one-half
of the payments to San Bernardino National Forest for land
acquisition. This would provide the same treatment for San
Bernardino County that is currently enjoyed by the counties of
Los Angeles, Kern, San Diego, and Riverside. The impact on San
Bernardino County revenues would be minimal because only a very
small part of its budget is derived from receipt sharing
payments from National Forest system lands.
At the same time, there are numerous parcels of
underdeveloped, private land within the San Bernardino National
Forest, many of which are suitable for subdivision and
development. If these tracts are developed, the manageability
of adjacent National Forest system lands will decrease. Public
ownership of key private land parcels would help the forest
manage threaten, endangered and sensitive plant and animal
species, improve recreation opportunities, and maintain open
space that is scarce in southern California.
Additionally, acquisition of these parcels will reduce the
prospect of increased urban-wildland interface areas in and
around the San Bernardino National Forest as a consequence of
new subdivision construction. Using current fiscal year
figures, it is estimated that approximately $150,000 would be
available for land acquisition within that portion of the San
Bernardino National Forest located in San Bernardino county.
Legislative History
S. 2111 was introduced by Senator Feinstein on February 28,
2000. The Subcommittee on Forests and Public Land Management
held a hearing on the measure on June 8, 2000. At its business
meeting on September 20, 2000, the Committee on Energy and
Natural Resources ordered S. 2111 reported favorably with an
amendment in the nature of a substitute.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on September 20, 2000, by a voice vote of
a quorum present, recommends that the Senate pass S. 2111 with
amendment.
Committee Amendment
The amendment in the nature of a substitute makes several
technical and clarifying changes to the language of S. 2111, as
introduced. It also includes two new provisions: subsection (g)
concerning KATY's assumption of liability and subsection (i)
amending the 1938 Receipts Act, as explained in the Summary of
Major Provisions section above.
Cost and Budgetary Considerations
The Congressional Budget Office (CBO) estimate of the costs
of this measure has been requested but was not received at the
time the report was filed. When the report becomes available
the Chairman will request that it be printed in the
Congressional Record for the advice of the Senate. A copy of
the CBO report on the companion measure in the House (H.R.
3657) follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 15, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3657, a bill 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.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 3657--A bill 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.
CBO estimates that enacting this legislation would have no
significant net affect on the federal budget. Because the bill
would affect direct spending, pay-as-you-go procedures would
apply, but the impact on direct spending would be negligible.
H.R. 3657 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would have no significant impact on the budgets of state,
local, or tribal governments.
Since 1995, KATY 101.3 FM (KATY), a small radio station,
has operated a communication tower on approximately 1 acre of
land that it leases within the San Bernardino National Forest
in California. H.R. 3657 would direct the Secretary of
Agriculture to convey that property to KATY in return for a
payment equal to the land's appraised full market value. The
bill also would require the Secretary, upon receipt of a
payment by KATY of $16,600 (the estimated amount of arrears
owed by KATY to the federal government), to release KATY from
all claims arising from its lease of the site. Under the bill,
the Secretary would not be required to provide access to the
site. KATY would bear all administrative costs associated with
the conveyance and would have to agree to indemnify the United
States against future claims regarding the property.
H.R. 3657 would authorize the Secretary to spend, without
further appropriation, funds received from KATY to acquire
other property for the San Bernardino National Forest, Based on
information from the Forest Service, CBO expects that the
federal government would receive as much as $150,000 from KATY
in 2001. Those payments would be recorded as offsetting
receipts (a credit against direct spending), and would be spent
over the 2001-2002 period.
The CBO staff contact is Megan Carroll. This estimate was
approved by Robert A. Sunshine, Assistant Director for Budget
Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact that would be incurred in
carrying out S. 2111.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from
enactment of S. 2111, as ordered reported.
Executive Communications
On September 26, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
Agriculture and the Office of management and budget setting
forth executive views on S. 2111. These reports had not been
received at the time the report on S. 2111 was filed. When the
reports become available, the Chairman will request that they
be printed in the Congressional Record for the advice of the
Senate. The testimony provided by the Forest Service at the
Subcommittee hearing follows:
Statement of Jack Craven, Director of Lands, Forest Service, Department
of Agriculture
Mister Chairman and Members of the Subcommittee, thank you
for the opportunity to present the Administration's views on S.
2111, 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. We do not object to this bill if it is as
suggested.
S. 2111 would direct the Secretary of Agriculture to convey
for fair market value 1.06 acres of national forest system land
within the San Bernardino National Forest to KATY 101.3 FM, a
California corporation. It would resolve a four-year dispute
between the Forest Service and KATY-FM over their unauthorized
use and occupancy of national forest system land.
This bill will provide the public with payment of the fair
market value of the subject parcel and with accrued land use
rental fees for its use as a broadcast site over the past four
years. The Administration does not object to this bill but
recommends that it be amended with a provision that directs
KATY to assume any liability of any building or personal
property belonging to any third party and existing on the
subject parcel of national forest system land to be conveyed.
Amending S. 2111 in this manner will protect the United States
against possible claims by any third parties who may have an
interest in the facilities located on this parcel.
This concludes my testimony. I would be glad to answer any
questions you may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 2111, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
AN ACT To further amend the Act of June 5, 1938 (52 Stat. 699), as
amended by the Act of May 26, 1944 (58 Stat. 227), which authorizes the
appropriation of receipts from certain national forests for the
purchase of lands within the boundaries of such forests, to provide for
the purchase of lands, real property or interests in lands in certain
additional areas.
The Secretary of Agriculture[,] [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),] is hereby
authorized to acquire by purchase any lands, real property or
interests in lands, within the boundaries of the [San
Bernardino and Cleveland] counties of San Bernardino, Cleveland
and Los Angeles National Forests, in the [county of Riverside]
counties of Riverside and San Bernardino, State of California,
which, in his judgment, should become the property of the
United States in order that they may be so managed with other
lands of the United States [as to minimize soil erosion and
flood damage] for National Forest System purposes, and to pay
for said lands from those proportions of the receipts derived
from the sale of natural resources, other than mineral, and the
occupancy of publicly owned lands within said national forests
which are equal to the proportions of the net areas of said
national forests situated in the [county of Riverside] counties
of Riverside and San Bernardino, State of California, which
receipts are hereby authorized to be appropriated for
expenditure for that purpose until said lands have been
acquired; all lands so acquired thereafter to be subject to and
administered under the laws applicable to lands acquired under
the provisions of said Act of March 1, 1911 (16 U.S.C. 519,
520, 521), as amended: Provided, That the provisions of
sections 500 and 501 of title 16 of the United States Code
shall not be applicable to receipts so appropriated and
expended, but any appropriated amounts which are, or which
heretofore have been, unexpended and unobligated at the close
of the fiscal year for which appropriated shall be transferred
to the national-forest receipts of that fiscal year, and
amounts so transferred and such portions of the receipts of any
fiscal year as are not, or heretofore have not been,
appropriated, for the ensuing fiscal year shall be disposed of
in the same manner as other national forest receipts: Provided
further, [That the amounts to which the county of Riverside
would otherwise be entitled under section 500 of title 16 of
the United States Code shall be reduced by the amounts by which
payments to the State for distribution to counties under that
section are reduced pursuant to the above proviso.] Twelve and
one-half percent of the monies otherwise payable to the State
of California for the benefits 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.