| Home > 106th Congressional Bills > H.R. 3657 (eh) 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. [Engrossed in House] ...
H.R. 3657 (eh) 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. [Engrossed in House] ...
In the Senate of the United States, October 19 (legislative day, September 22), 2000. Resolved, That the bill from the House of Representatives (H.R. 3657) entitled ``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.'', do pass with the following AMENDMENT: Strike out all after the enacting clause and insert: 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 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: ``SEC. 7. MISCELLANEOUS PROVISIONS. ``(a) Exchange of Certain Lands with New Mexico.-- ``(1) In general.--Not later than 2 years after the date of 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 receive compensation from the United States or any other party with respect to such overlapping lands.''. Attest: Secretary. 106th CONGRESS 2d Session H. R. 3657 _______________________________________________________________________ AMENDMENT
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