[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 577 Reported in Senate (RS)]

                                                       Calendar No. 103

103d CONGRESS

  1st Session

                                 S. 577

                          [Report No. 103-65]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                June 23 (legislative day, June 22), 1993

                        Reported with amendments





                                                       Calendar No. 103
103d CONGRESS
  1st Session
                                 S. 577

                          [Report No. 103-65]

   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

                June 23 (legislative day, June 22), 1993

               Reported by Mr. Johnston, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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 sole 
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 -1-8 24 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-)-. (a) except lands located wholly 
or partially within a conservation system unit or any other area which 
Congress has designated for specific management.
    (2) If after publication of a final list a court makes a final 
decision that a parcel of land was arbitrarily and capriciously 
excluded from -o-p-e-r-a-t-i-o-n -o-f -s-u-b-s-e-c-t-i-o-n -(-a-)-, an 
initial list as provided by subsection 2(b), 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 -d-e-e-d-s documents of disclaimer 
of interest 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 
-d-e-e-d document of disclaimer of interest 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 -d-e-e-d 
document of disclaimer of interest, 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 -d-e-e-d document of disclaimer of interest 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 
-d-e-e-d document of disclaimer of interest .
    (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 -d-e-e-d-s 
documents of disclaimer of interest 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 -d-e-e-d document of 
disclaimer of interest deed issued pursuant to this subsection that 
were in existence on the date of issuance of such confirmatory -d-e-e-d 
document of disclaimer of interest.
    (4) For purposes of this Act, the term ``document of disclaimer of 
interest'' means a memorandum or other document, however styled or 
described, that references the quitclaim made by subsection (a) of this 
section and that meets the requirements for recordation established by 
applicable laws of the State in which the lands to which such document 
refers are located.
    (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.