II

Calendar No. 925

106TH CONGRESS

2D SESSION S. 2111

[Report No. 106–476]

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.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 28, 2000

Mrs. FEINSTEIN introduced the following bill; which was read twice and

referred to the Committee on Energy and Natural Resources

OCTOBER 3 (legislative day, SEPTEMBER 22), 2000

Reported by Mr. MURKOWSKI, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

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.

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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S 2111 RS

1 SECTION. 1. SALE OF LAND TO KATY 101.3 FM, A CALI2 FORNIA CORPORATION.

3 (a) IN GENERAL.—Subject to valid existing rights

4 and settlement of claims as provided in this section, the

5 Secretary of Agriculture (referred to in this section as the

6 ‘‘Secretary’’) shall convey to KATY 101.3 FM, a Cali7 fornia corporation (referred to in this section as

8 ‘‘KATY’’), for fair market value, all right, title, and inter9 est of the United States in and to the land described in

10 subsection (b).

11 (b) LAND DESCRIPTION.—

12 (1) IN GENERAL.—The land referred to in sub13 section (a) is the approximately 1.06 acres of land

14 in the San Bernardino National Forest, Riverside

15 County, California, generally located in the north

16 half of section 23, Township 5 South, Range 2 East,

17 San Bernardino Meridian, as generally depicted as

18 Exhibit A–2 in an appraisal report of the land dated

19 August 26, 1999.

20 (2) LEGAL DESCRIPTION.—The Secretary and

21 KATY shall agree on the legal description of the

22 land.

23 (c) CONSIDERATION.—

24 (1) IN GENERAL.—Consideration for the con25 veyance under subsection (a) shall be equal to the

26 appraised fair market value of the property.
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S 2111 RS

1 (2) APPRAISAL STANDARDS.—An appraisal to

2 determine fair market value under paragraph (1)

3 shall be—

4 (A) prepared in conformity with the Uni5 form Appraisal Standards for Federal Land Ac6 quisitions; and

7 (B) approved by the Secretary.

8 (d) COSTS.—Any costs associated with the creation

9 of a subdivided parcel, recordation of a survey, and zoning

10 and planning approval and similar expenses shall be paid

11 by KATY.

12 (e) ACCESS.—Notwithstanding section 1323(a) of the

13 Alaska National Interest Lands Conservation Act (16

14 U.S.C. 3210(a)) or any other law, the Secretary shall not

15 be required to provide access over the National Forest

16 System land to the land conveyed under subsection (a).

17 (f) RELEASE.—On payment by KATY to the Sec18 retary of $16,600, the Secretary shall release KATY from

19 all claims of the United States arising from the occupancy

20 and use of San Bernardino National Forest land by KATY

21 for communication site purposes.

22 (g) USE OF FUNDS.—All funds received by the Sec23 retary under this section—
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1 (1) shall be deposited in the fund established

2 under Public Law 90–171 (commonly known as the

3 ‘‘Sisk Act’’) (16 U.S.C. 484a); and

4 (2) shall remain available until expended for the

5 acquisition of land, water, and interests in land or

6 water for the San Bernardino National Forest, Cali7 fornia.

8 SECTION 1. LAND CONVEYANCE AND SETTLEMENT, SAN

9 BERNARDINO NATIONAL FOREST, CALI10 FORNIA.

11 (a) CONVEYANCE REQUIRED.—Subject to valid exist12 ing rights and settlement of claims as provided in this sec13 tion, the Secretary of Agriculture shall convey to KATY

14 101.3 FM (in this section referred to as ‘‘KATY’’ ) all right,

15 title and interest of the United States in and to a parcel

16 of real property consisting of approximately 1.06 acres

17 within the San Bernardino National Forest in Riverside

County, California, generally located in the north 1 18 ⁄2 of sec19 tion 23, township 5 south, range 2 east, San Bernardino

20 meridian.

21 (b) LEGAL DESCRIPTION.—The Secretary and KATY

22 shall, by mutual agreement, prepare the legal description

23 of the parcel of real property to be conveyed under sub24 section (a), which is generally depicted as Exhibit A–2 in
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1 an appraisal report of the subject parcel dated August 26,

2 1999, by Paul H. Meiling.

3 (c) CONSIDERATION.—Consideration for the convey4 ance under subsection (a) shall be equal to the appraised

5 fair market value of the parcel of real property to be con6 veyed. Any appraisal to determine the fair market value

7 of the parcel shall be prepared in conformity with the Uni8 form Appraisal Standards for Federal Land Acquisition

9 and approved by the Secretary.

10 (d) SETTLEMENT.—In addition to the consideration

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

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

13 KATY from any and all claims of the United States arising

14 from the occupancy and use of the San Bernardino Na15 tional Forest by KATY for communication site purposes.

16 (e) ACCESS REQUIREMENTS.—Notwithstanding sec17 tion 1323(a) of the Alaska National Interest Lands Con18 servation Act (16 U.S.C. 3210(a)) or any other law, the

19 Secretary is not required to provide access over National

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

21 conveyed under subsection (a).

22 (f) ADMINISTRATIVE COSTS.—Any costs associated

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

24 survey, zoning, and planning approval, and similar ex-
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1 penses with respect to the conveyance under this section,

2 shall be borne by KATY.

3 (g) ASSUMPTION OF LIABILITY.—By acceptance of the

4 conveyance of the parcel of real property referred to in sub5 section (a), KATY, and its successors and assigns will in6 demnify and hold harmless the United States for any and

7 all liability to General Telephone and Electronics Corpora8 tion (also known as ‘‘GTE’’ ) KATY, and any third party

9 that is associated with the parcel, including liability for

10 any buildings or personal property on the parcel belonging

11 to GTE and any other third parties.

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

13 pursuant to this section shall be deposited in the fund estab14 lished under Public Law 90–171 (16 U.S.C. 484a; com15 monly known as the Sisk Act), and the funds shall remain

16 available to the Secretary, until expended, for the acquisi17 tion of lands, waters, and interests in land for the inclusion

18 in the San Bernardino National Forest.

19 (i) RECEIPTS ACT AMENDMENT.—The Act of June 15,

20 1938 (Chapter 438:52 Stat. 699), as amended by the Acts

21 of May 26, 1944 (58 Stat. 227), is further amended—

22 (1) by striking the comma after the words ‘‘Sec23 retary of Agriculture’’;

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

25 the National Forest Reservation Commission estab-
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1 lished by section 4 of the Act of March 1, 1911 (16

2 U.S.C. 513),’’;

3 (3) by inserting the words ‘‘, real property or in4 terests in lands,’’ after the word ‘‘lands’’ the first time

5 it is used;

6 (4) by striking ‘‘San Bernardino and Cleveland’’

7 and inserting ‘‘counties of San Bernardino, Cleveland

8 and Los Angeles’’;

9 (5) by striking ‘‘county of Riverside’’ each place

10 it appears and inserting ‘‘counties of Riverside and

11 San Bernardino’’;

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

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

14 System purposes’’; and

15 (7) after the ‘‘Provided further, That’’, by strik16 ing the remainder of the sentence to the end of the

17 paragraph, and inserting ‘‘twelve and one-half per18 cent of the monies otherwise payable to the State of

19 California for the benefit of San Bernardino County

20 under the aforementioned Act of March 1, 1911 (16

21 U.S.C. 500) shall be available to be appropriated for

22 expenditure in furtherance of this Act.
Calendar No. 925

106TH CONGRESS

2D SESSION S. 2111

[Report No. 106–476]

A BILL

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.

OCTOBER 3 (legislative day, SEPTEMBER 22), 2000

Reported with an amendment