[106th Congress Public Law 434]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ434.106]
[[Page 1911]]
CALIFORNIA LAND CONVEYANCE
[[Page 114 STAT. 1912]]
Public Law 106-434
106th Congress
An Act
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. <<NOTE: Nov. 6, 2000 - [H.R. 3657]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. <<NOTE: KATY 101.3 FM.>> 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
[[Page 114 STAT. 1913]]
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), <<NOTE: Ante,
p. 1362.>> 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), <<NOTE: Ante, p. 1364.>> by striking
``any person, including''.
(4) In section 5, <<NOTE: Ante, p. 1365.>> 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:
[[Page 114 STAT. 1914]]
``SEC. 7. <<NOTE: 25 USC 1777e.>> MISCELLANEOUS PROVISIONS.
``(a) Exchange of Certain Lands with New Mexico.--
``(1) In general.--Not <<NOTE: Deadline.>> later than 2
years after the date of the 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) <<NOTE: Deadline.>> 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 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
[[Page 114 STAT. 1915]]
receive compensation from the United States or any other party with
respect to such overlapping lands.''.
Approved November 6, 2000.
LEGISLATIVE HISTORY--H.R. 3657 (S. 2111):
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HOUSE REPORTS: No. 106-744 (Comm. on Resources).
SENATE REPORTS: No. 106-476 accompanying S. 2111 (Comm. on Energy and
Natural Resources).
CONGRESSIONAL RECORD, Vol. 146 (2000):
Sept. 12, considered and passed House.
Oct. 19, considered and passed Senate, amended.
Oct. 23, House concurred in Senate amendment.
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