H. R. 3657
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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 communica-
tion 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 cre-
ation of a subdivided parcel, recordation of a survey, zoning, and
planning approval, and similar expenses with respect to the convey-
ance 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
H. R. 3657—2
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 dam-
age’’ 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 MONU-
MENT CLARIFYING AMENDMENTS.
The Santa Rosa and San Jacinto Mountains National Monu-
ment 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:
H. R. 3657—3
‘‘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 town-
ship 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 Sec-
retary 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
H. R. 3657—4
receive compensation from the United States or any other party
with respect to such overlapping lands.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.