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.

Summary: Requires the Secretary, upon the receipt of a specified payment by KATY to the Secretary, to 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. Declares that by acceptance of such conveyance, 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 (GTE), KATY, and any third party that is associated with such parcel, including liability for any buildings or personal property on it belonging to GTE and any other third parties. Requires all funds received pursuant to this Act to be deposited in the fund established under the Sisk Act, and to remain available to the Secretary for the acquisition of lands, waters, and interests in land for inclusion in the San Bernardino National Forest.
Amends a certain receipts Act to: (1) authorize the Secretary to acquire by purchase lands, real property or interests in lands within the boundaries of the San Bernardino, Cleveland, and Los Angeles National Forests in California; (2) require such lands, real property or interests to be managed for National Forest System purposes; and (3) provide for a specified percentage of the monies otherwise payable to California for the benefit of San Bernardino County to be available to be appropriated for expenditure in furtherance of such Act.

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.

            Passed the Senate October 5 (legislative day, September 
      22), 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                S. 2111

_______________________________________________________________________

                                 AN ACT

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.