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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. LAND CONVEYANCE AND SETTLEMENT, SAN

2 BERNARDINO NATIONAL FOREST, CALI3 FORNIA.

4 (a) CONVEYANCE REQUIRED.—Subject to valid exist5 ing rights and settlement of claims as provided in this sec6 tion, the Secretary of Agriculture shall convey to KATY

7 101.3 FM (in this section referred to as ‘‘KATY’’ ) all

8 right, title and interest of the United States in and to a

9 parcel of real property consisting of approximately 1.06

10 acres within the San Bernardino National Forest in Riverside County, California, generally located in the north 1 11 ⁄2

12 of section 23, township 5 south, range 2 east, San

13 Bernardino meridian.

14 (b) LEGAL DESCRIPTION.—The Secretary and

15 KATY shall, by mutual agreement, prepare the legal de16 scription of the parcel of real property to be conveyed

17 under subsection (a), which is generally depicted as Ex18 hibit A–2 in an appraisal report of the subject parcel dated

19 August 26, 1999, by Paul H. Meiling.

20 (c) CONSIDERATION.—Consideration for the convey21 ance under subsection (a) shall be equal to the appraised

22 fair market value of the parcel of real property to be con23 veyed. Any appraisal to determine the fair market value

24 of the parcel shall be prepared in conformity with the Uni25 form Appraisal Standards for Federal Land Acquisition

26 and approved by the Secretary.
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1 (d) SETTLEMENT.—In addition to the consideration

2 referred to in subsection (c), upon the receipt of $16,600

3 paid by KATY to the Secretary, the Secretary shall release

4 KATY from any and all claims of the United States aris5 ing from the occupancy and use of the San Bernardino

6 National Forest by KATY for communication site pur7 poses.

8 (e) ACCESS REQUIREMENTS.—Notwithstanding sec9 tion 1323(a) of the Alaska National Interest Lands Con10 servation Act (16 U.S.C. 3210(a)) or any other law, the

11 Secretary is not required to provide access over National

12 Forest System lands to the parcel of real property to be

13 conveyed under subsection (a).

14 (f) ADMINISTRATIVE COSTS.—Any costs associated

15 with the creation of a subdivided parcel, recordation of a

16 survey, zoning, and planning approval, and similar ex17 penses with respect to the conveyance under this section,

18 shall be borne by KATY.

19 (g) ASSUMPTION OF LIABILITY.—By acceptance of

20 the conveyance of the parcel of real property referred to

21 in subsection (a), KATY, and its successors and assigns

22 will indemnify and hold harmless the United States for

23 any and all liability to General Telephone and Electronics

24 Corporation (also known as ‘‘GTE’’ ) KATY, and any

25 third party that is associated with the parcel, including
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1 liability for any buildings or personal property on the par2 cel belonging to GTE and any other third parties.

3 (h) TREATMENT OF RECEIPTS.—All funds received

4 pursuant to this section shall be deposited in the fund es5 tablished under Public Law 90–171 (16 U.S.C. 484a;

6 commonly known as the Sisk Act), and the funds shall

7 remain available to the Secretary, until expended, for the

8 acquisition of lands, waters, and interests in land for the

9 inclusion in the San Bernardino National Forest.

10 (i) RECEIPTS ACT AMENDMENT.—The Act of June

11 15, 1938 (Chapter 438:52 Stat. 699), as amended by the

12 Acts of May 26, 1944 (58 Stat. 227), is further

13 amended—

14 (1) by striking the comma after the words

15 ‘‘Secretary of Agriculture’’;

16 (2) by striking the words ‘‘with the approval of

17 the National Forest Reservation Commission estab18 lished by section 4 of the Act of March 1, 1911 (16

19 U.S.C. 513),’’;

20 (3) by inserting the words ‘‘, real property or

21 interests in lands,’’ after the word ‘‘lands’’ the first

22 time it is used;

23 (4) by striking ‘‘San Bernardino and Cleve24 land’’ and inserting ‘‘counties of San Bernardino,

25 Cleveland and Los Angeles’’;
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1 (5) by striking ‘‘county of Riverside’’ each place

2 it appears and inserting ‘‘counties of Riverside and

3 San Bernardino’’;

4 (6) by striking ‘‘as to minimize soil erosion and

5 flood damage’’ and inserting ‘‘for National Forest

6 System purposes’’; and

7 (7) after the ‘‘Provided further, That’’, by

8 striking the remainder of the sentence to the end of

9 the paragraph, and inserting ‘‘twelve and one-half

10 percent of the monies otherwise payable to the State

11 of California for the benefit of San Bernardino

12 County under the aforementioned Act of March 1,

13 1911 (16 U.S.C. 500) shall be available to be appro14 priated 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 SanBernardino National Forest, California, toKATY 101.3 FM, a California corporation.