PUBLIC LAW 106–434—NOV. 6, 2000

CALIFORNIA LAND CONVEYANCE

114 STAT. 1912 PUBLIC LAW 106–434—NOV. 6, 2000

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

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

KATY 101.3 FM.

Nov. 6, 2000

[H.R. 3657]

PUBLIC LAW 106–434—NOV. 6, 2000 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), 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:

Ante, p. 1365.

Ante, p. 1364.

Ante, p. 1362.

114 STAT. 1914 PUBLIC LAW 106–434—NOV. 6, 2000

‘‘SEC. 7. MISCELLANEOUS PROVISIONS.

‘‘(a) EXCHANGE OF CERTAIN LANDS WITH NEW MEXICO.—

‘‘(1) IN GENERAL.—Not 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) 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

Deadline.

Deadline.

25 USC 1777e.

PUBLIC LAW 106–434—NOV. 6, 2000 114 STAT. 1915

LEGISLATIVE HISTORY—H.R. 3657 (S. 2111):

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.

Æ

receive compensation from the United States or any other party

with respect to such overlapping lands.’’.

Approved November 6, 2000.