79–010

Calendar No. 925

106TH CONGRESS REPORT

2d Session " ! SENATE 106–476

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

REPORT

[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

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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

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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.

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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 onehalf 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.

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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 CaliVerDate 11-MAY-2000 17:02 Oct 05, 2000 Jkt 089010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR476.XXX pfrm02 PsN: SR476
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fornia. 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

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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 Agricultureø,¿ øwith 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 øSan Bernardino and Cleveland¿

counties of San Bernardino, Cleveland and Los Angeles National

Forests, in the øcounty 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 øas 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 øcounty 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 acVerDate 11-MAY-2000 17:02 Oct 05, 2000 Jkt 089010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\SR476.XXX pfrm02 PsN: SR476
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quired 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, øThat 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.

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