Text: H.R.3657 — 106th Congress (1999-2000)All Information (Except Text)

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Public Law No: 106-434 (11/06/2000)

 
[106th Congress Public Law 434]
[From the U.S. Government Printing Office]


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[DOCID: f:publ434.106]


[[Page 1911]]

                       CALIFORNIA LAND CONVEYANCE

[[Page 114 STAT. 1912]]

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. <<NOTE: Nov. 6, 2000 -  [H.R. 3657]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. <<NOTE: KATY 101.3 FM.>> 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

[[Page 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), <<NOTE: Ante, 
        p. 1362.>> 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), <<NOTE: Ante, p. 1364.>> by striking 
        ``any person, including''.
            (4) In section 5, <<NOTE: Ante, p. 1365.>> 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:

[[Page 114 STAT. 1914]]

``SEC. 7. <<NOTE: 25 USC 1777e.>> MISCELLANEOUS PROVISIONS.

    ``(a) Exchange of Certain Lands with New Mexico.--
            ``(1) In general.--Not <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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

[[Page 114 STAT. 1915]]

receive compensation from the United States or any other party with 
respect to such overlapping lands.''.

    Approved November 6, 2000.

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.

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