[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 577 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 577
To resolve the status of certain lands relinquished to the United
States under the Act of June 4, 1897 (30 Stat. 11, 36), and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 11 (legislative day, March 3), 1993
Mrs. Feinstein introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To resolve the status of certain lands relinquished to the United
States under the Act of June 4, 1897 (30 Stat. 11, 36), 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. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Pursuant to the invitation and requirements contained
in the 15th paragraph under the heading ``Surveying the Public
Lands'' in the Act of June 4, 1897 (30 Stat. 11, 36), as
amended or supplemented by the Acts of June 6, 1900 (31 Stat.
588, 614), March 4, 1901 (31 Stat. 1010, 1037), and September
22, 1922 (42 Stat. 1067), certain landowners or entrymen within
forest reserves acted to transfer their lands to the United
States as the basis for an in lieu selection of other Federal
lands (hereafter in this Act referred to as ``lieu lands'') in
exchange for such lands within such reserves (hereafter in this
Act referred to as ``base lands'').
(2) By the Act of March 3, 1905 (33 Stat. 1264), Congress
repealed the in lieu selection provisions of the Act of June 4,
1897, as amended, and terminated the right to select lieu
lands, but expressly preserved the rights of land owners who
had valid pending applications for in lieu selections, most of
which have subsequently been granted.
(3) Other persons affected by the Acts cited in paragraphs
(1) and (2) who acted to transfer base lands, or their
successors in interest, have never obtained either (A) a patent
to the lieu lands or any other consideration for their
relinquishment, or (B) a quitclaim of their base lands,
notwithstanding relief legislation enacted in 1922 and 1930.
(4) By the Act of July 6, 1960 (74 Stat. 334), Congress
established a procedure to compensate persons affected by the
Acts cited in paragraphs (1) and (2) who had not received
appropriate relief under prior legislation. However, no
payments of such compensation were made under that Act.
(5) Section 4 of the Act of July 6, 1960, further provided
that lands with respect to which compensation under that Act
were or could have been made, and not previously disposed of by
the United States, shall be a part of any national forest,
national park, or other area withdrawn from the public domain
wherein they are located.
(6) Absent further legislation, lengthy and expensive
litigation will be required to resolve existing questions about
the title to lands covered by section 4 of the 1960 Act.
(b) Purpose.--The purpose of this Act is to resolve the status of
the title to base lands affected by the past legislation cited in
subsection (a).
SEC. 2. IDENTIFICATION AND QUITCLAIM OF FEDERAL INTEREST IN BASE LANDS.
(a) Quitclaim.--Except as otherwise provided by this Act, and
subject to valid existing rights, but notwithstanding any other
provision of law, the United States hereby quitclaims to the listed
owner or entryman, his heirs, devisees, successors, and assigns, all
right, title, and interest of the United States in and to the base
lands described on a final list published pursuant to subsection
(d)(1), effective on the date of publication of such list.
(b) Preparation of Initial Lists.--(1) Not later than 6 months
after the date of enactment of this Act, the Secretary of the Interior,
with respect to lands under such Secretary's jurisdiction, and the
Secretary of Agriculture with respect to National Forest System lands,
shall each prepare an initial list of all parcels of base lands that
were relinquished to the United States pursuant to the Act of June 4,
1897 (as amended), and for which selection or other rights under that
Act or supplemental legislation were not realized or exercised.
(2) The initial lists prepared under paragraph (1) shall be based
on information in the actual possession of the Secretaries of the
Interior and Agriculture on the date of enactment of this Act,
including information submitted to Congress pursuant to the directive
contained in Senate Report No. 98-578, issued for the Fiscal Year 1985
Interior and Related Agencies Appropriation, as revised and updated.
The initial lists shall be published and distributed for public review
in accordance with procedures adopted by the Secretary concerned.
(3) For a period of 180 days after publication of a list pursuant
to paragraph (2), persons asserting that particular parcels omitted
from such a list should have been included may request the Secretary
concerned to add such parcels to the appropriate list. The Secretary
concerned shall add to the list any such parcels which the Secretary
determines meet the conditions specified in paragraph (1).
(c) Nationally Significant Lands.--(1) During preparation or
revision of an initial list under subsection (b), the Secretary
concerned shall identify those listed lands which are located wholly or
partially within any conservation system unit and all other listed
lands which Congress has designated for specific management or which
the Secretary concerned decides, in the concerned Secretary's
discretion, should be retained in order to meet public, resource
protection, or administrative needs. For purposes of this paragraph,
the term ``conservation system unit'' means any unit of the National
Park System, National Wildlife Refuge System, National Wild and Scenic
Rivers System, National Trails System, or National Wilderness
Preservation System, a national forest monument, or a national
conservation area, a national recreation area, or any lands being
studied for possible designation as part of such a system or unit.
(2) The provisions of subsection (a) shall not apply to any lands
identified by the Secretary concerned pursuant to paragraph (1). The
Secretary concerned shall not include any such lands on any list
prepared pursuant to subsection (d). Subject to valid existing rights
arising from factors other than those described in subsection (b)(1),
any right, title, and interest in and to lands identified pursuant to
paragraph (1) and not previously vested in the United States is hereby
vested and confirmed in the United States.
(3) In the same manner as the initial list was published and
distributed pursuant to subsection (b)(2), the Secretary concerned
shall publish and distribute an identification of all lands in which
right, title, and interest is vested and confirmed in the United States
by paragraph (2).
(d) Final Lists.--(1) As soon as possible after considering any
requests made pursuant to subsection (b)(3) and the identification of
lands pursuant to subsection (c), the Secretary of the Interior and the
Secretary of Agriculture shall each publish a final list, consisting of
lands included on each Secretary's initial list not identified pursuant
to subsection (c)(1). Unless a Secretary has published a final list on
or before the date 18 months after the date of publication, pursuant to
subsection (b)(2), of such Secretary's initial list, the initial list
prepared by such Secretary shall be deemed on such date to be the final
list required to be published by such Secretary, and thereafter no
lands included on such initial list shall be excluded from operation of
subsection (a).
(2) If a court makes a final decision that a parcel of land was
arbitrarily and capriciously excluded from operation of subsection (a),
such parcel shall be deemed to have been included on a final list
published pursuant to paragraph (1), unless such parcel is located
wholly or partially inside a conservation system unit or any other area
which Congress has designated for specific management, in which case
such parcel shall be subject to the provisions of subsection (c)(2).
(e) Issuance of Instruments.--(1) Except as otherwise provided in
this Act, no later than 6 months after the date on which the Secretary
concerned publishes a final list of lands pursuant to subsection (d),
the Secretary concerned shall issue deeds confirming the quitclaim made
by subsection (a) of this section of all right, title, and interest of
the United States in and to the lands included on such final list,
subject to valid existing rights arising from factors other than a
relinquishment to the United States of the type described in subsection
(b). Each such confirmatory deed shall operate to estop the United
States from making any claim of right, title, or interest of the United
States in and to the base lands described in the deed, shall be made in
the name of the listed owner or entryman, his heirs, devisees,
successors, and assigns, and shall be in a form suitable for
recordation and shall be filed and recorded by the United States with
the recorder of deeds or other like official of the county or counties
within which the lands covered by such confirmatory deed are located so
that the title to such lands may be determined in accordance with
applicable State law.
(2) The United States shall not adjudicate and, notwithstanding any
provision of law to the contrary, does not consent to be sued in any
suit instituted to adjudicate the ownership of, or to quiet title to,
any base land included in a final list and described in a confirmatory
deed.
(3) Neither the Secretary of the Interior nor the Secretary of
Agriculture shall be required to inspect any lands included on a final
list nor to inform any member of the public regarding the condition of
such lands prior to the issuance of the confirmatory deeds required by
this subsection, and nothing in this Act shall be construed as
affecting any valid rights with respect to lands covered by a
confirmatory deed issued pursuant to this subsection that were in
existence on the date of issuance of such confirmatory deed.
(f) Waiver of Certain Claims Against the United States.--Any person
or entity accepting the benefits of this Act or failing to act to seek
such benefits within the time allotted by this Act with respect to any
base or other lands shall be deemed to have waived any claims against
the United States, its agents or contractors, with respect to such
lands, or with respect to any revenues received by the United States
from such lands prior to the date of enactment of this Act. All non-
Federal, third party rights granted by the United States with respect
to base lands shall remain effective subject to the terms and
conditions of the authorizing document. The United States may reserve
any rights-of-way currently occupied or used for Government purposes.
SEC. 3. OTHER CLAIMS.
(a) Jurisdiction and Deadline.--(1) Subject to the requirements and
limitations of this section, a party claiming right, title, or interest
in or to land vested in the United States by section 2(c)(2) of this
Act may file in the United States Claims Court a claim against the
United States seeking compensation based on such vesting.
Notwithstanding any other provision of law, the Claims Court shall have
exclusive jurisdiction over such claim.
(2) A claim described in paragraph (1) shall be barred unless the
petition thereon is filed within 1 year after the date of publication
of a final list pursuant to section 2(d) of this Act.
(3) Nothing in this Act shall be construed as authorizing any claim
to be brought in any court other than a claim brought in the United
States Claims Court based upon the vesting of right, title, and
interest in and to the United States made by section 2(c)(2) of this
Act.
(b) Limitations, Defenses, and Awards.--(1) Nothing in this Act
shall be construed as diminishing any existing right, title, or
interest of the United States in any lands covered by section 2(c),
including but not limited to any such right, title, or interest
established by the Act of July 6, 1960 (74 Stat. 334).
(2) Nothing in this Act shall be construed as precluding or
limiting any defenses or claims (including but not limited to defenses
based on applicable statutes of limitations, affirmative defenses
relating to fraud or speculative practices, or claims by the United
States based on adverse possession) otherwise available to the United
States.
(3) Nothing in this Act shall be construed as entitling any party
to compensation from the United States. However, in the event of a
final judgment of the United States Claims Court in favor of a party
seeking such compensation, or in the event of a negotiated settlement
agreement made between such a party and the Attorney General of the
United States, the United States shall pay such compensation from the
permanent judgment appropriation established pursuant to section 1304
of title 31, United States Code.
(c) Savings Clause.--This Act does not include within its scope
selection rights required to be recorded under the Act of August 5,
1955 (69 Stat. 534), regardless of whether compensation authorized by
the Act of August 31, 1964 (78 Stat. 751) was or was not received.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
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