[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3769 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3769

 To provide for the conditional transfer of the Oregon and California 
Railroad Grant Lands, the Coos Bay Military Wagon Road Grant Lands, and 
           related public domain lands to the State of Oregon


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 10, 1996

 Mr. Bunn  of Oregon introduced the following bill; which was referred 
  to the Committee on Resources, and in addition to the Committee on 
Agriculture, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To provide for the conditional transfer of the Oregon and California 
Railroad Grant Lands, the Coos Bay Military Wagon Road Grant Lands, and 
           related public domain lands to the State of Oregon

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``O&C Forest 
Transfer Act.''
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Transfer of railroad grant lands and wagon road grant lands to 
                            the State of Oregon.
Sec. 5. Qualifying resolution of assent.
Sec. 6. New Management Plans.
Sec. 7. Suspension of laws rendered obsolete by transfer of railroad 
                            grant lands and wagon road grant lands.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Railroad Grant Lands'' means the Oregon and 
        California Railroad Grant Lands.
            (2) The term ``Wagon Road Grant Lands'' means the Coos Bay 
        Military Wagon Road Grant Lands.
            (3) The term ``O&C counties'' means 18 counties in the 
        State of Oregon within which the Railroad Grant Lands and Wagon 
        Road Grant Lands are situated.
            (4) The term ``controverted lands'' means those parcels of 
        the Railroad Grant Lands that are included within the 
        boundaries of the National Forest System and managed by the 
        Department of Agriculture, subject to certain obligations to 
        the O&C Counties under the Act of August 28, 1937 (43 U.S.C. 
        1181a-1181f).
            (5) The term ``qualifying resolution of assent'' means 
        legislation adopted by the State of Oregon to effectuate the 
        transfer of the Railroad Grant Lands, the Wagon Road Grant 
        Lands and certain, related public domain lands pursuant to this 
        Act.
            (6) The term ``O&C Lands Fund'' means the fund established 
        by the State of Oregon pursuant to section 5(a)(5) of this Act.
            (7) The term ``Secretary'' means the Secretary of the 
        Interior.
            (8) The term ``blocking up'' or ``blocked up'' means the 
        act or result of consolidation of ownership by two or more 
        owners of multiple, scattered parcels to ownership of a smaller 
        number of contiguous, adjoining larger parcels through trades 
        or other such transfers between owners.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) The Oregon and California Railroad Grant Lands and the 
        Coos Bay Military Wagon Road Grants Lands were originally 
        conveyed by the United States into private ownership by the Act 
        of July 25, 1866 (as amended by the Acts of June 25, 1868, and 
        April 10, 1869), the Act of March 3, 1869, and the Act of May 
        4, 1870, to promote, in conjunction with construction of a 
        wagon road and railway for military and other national 
        purposes, the economic development of the State of Oregon and 
        its communities.
            (2) The railway and the wagon road were build and the 
        national purposes of the grants were satisfied. The lands were 
        in private ownership and under the jurisdiction of the 
        sovereign State of Oregon and were carried on the property tax 
rolls for up to 30 years. But conditions in the original grants 
intended to facilitate community development were not complied with and 
on February 14, 1907, the State of Oregon petitioned the Congress of 
the United States by legislative memorial to take steps necessary to 
compel action in furtherance of the local purposes of the original 
grants.
            (3) The Railroad Grant Lands and Wagon Road Grant Lands 
        were revested to the United States by the Act of June 9, 1916 
        (39 Stat. 218), and the Act of February 26, 1919 (40 Stat. 
        1179), for the purposes of management and redisposition to 
        promote the original goal of economic development in the O&C 
        Counties.
            (4) The United States ceased reconveying the grant lands 
        back into private ownership and, instead, Congress placed the 
        Railroad Grant lands by the Act of August 28, 1937 (43 U.S.C. 
        1181a-1181f), and the Wagon Road Grant Lands by the Act of May 
        24, 1939 (43 U.S.C. 1181f-1181f-4), into management for the 
        sustained yield of timber, with minimum harvest levels and the 
        sharing of timber revenues with local governments, to provide 
        for long-term community stability in the O&C Counties, while 
        also providing for conservation of watersheds and recreational 
        opportunities.
            (5) The Railroad Grant Lands and Wagon Road Grant Lands are 
        unique in the history of public lands in the United States, in 
        that they were once conveyed into private ownership but were 
        revested to the United States after the railroad and wagon road 
        were built, whereas most railroad and wagon road grant lands in 
        other states were conveyed into permanent private ownership to 
        provide the land and resource base upon which local economies 
        were developed.
            (6) All of the Wagon Road Grant Lands and most of the 
        Railroad Grant Lands are managed within the Department of the 
        Interior, but the controverted lands were included within the 
        boundaries of the National Forest System upon their formation 
        by proclamations of the President and are managed within the 
        Department of Agriculture.
            (7) Beginning in 1953 and thereafter, the O&C Counties 
        voluntarily relinquished revenues from the Railroad Grant Lands 
        to which they were otherwise entitled so that the Secretary of 
        the Interior could use such revenues for the management and 
        development of the Railroad Grant Lands.
            (8) As a result of the voluntarily relinquishment of 
        revenues, the O&C Counties have invested funds, the 1996 value 
        of which is approximately $2,000,000,000, in fire protection, 
        recreation facilities, roads, bridges, buildings, 
        reforestation, and other projects to enhance the usefulness and 
        productivity of the Railroad Grant Lands, all with the 
        expectation that their investment would be repaid through 
        permanent management of the Railroad Grant Lands for the 
        sustained yield of timber and future timber harvests and other 
        purposes authorized by the Act of August 28, 1937 (43 U.S.C. 
        1181a-1181f).
            (9) As a result of the nature of the original grants, the 
        Railroad Grant Lands and the Wagon Road Grant Lands are 
        scattered in a checkerboard pattern across the O&C Counties, 
        interspersed primarily with private and State-owned lands and 
        scattered parcels of other Federally owned timberlands managed 
        within the Department of the Interior by the Bureau of Land 
        Management in coordination with the Railroad Grant Lands.
            (10) The scattered checkerboard pattern of Federal 
        ownership of the Railroad Grant Lands and Wagon Road Grant 
        Lands results in economic inefficiencies in the management of 
        such lands and the interspersed private and State-owned lands 
        and interferes with coordinated management across the landscape 
        to achieve conservation goals.
            (11) The Railroad Grant Lands and the Wagon Road Grant 
        Lands were managed by the Secretary of the Interior for 50 
        years primarily for the sustained yield of timber as required 
        by law, but such lands are not now being managed for that 
        purpose.
            (12) The Railroad Grant Lands, Wagon Road Grant Lands and 
        related federally owned timberlands managed by the Bureau of 
        Land Management are biologically capable of producing in excess 
of 1,600,000,000 board feet of timber per year on a sustained-yield 
basis to meet local and national needs.
            (13) In 1995, the Legislative Assembly of the State of 
        Oregon petitioned Congress to pass such legislation as may be 
        necessary to transfer title to the Railroad Grant Lands to the 
        State of Oregon, subject to such terms and conditions as are 
        necessary to assure management in perpetuity for the sustained 
        yield of timber to stabilize and support the O&C counties, 
        conserve watersheds, and provide recreation opportunities to 
        all citizens.
            (14) The State of Oregon is actively engaged in the 
        management, for itself and for the benefit of others, of large 
        tracts of timberland and possesses the regulatory 
        infrastructure and technical, scientific, and management 
        expertise to efficiently and competently manage additional 
        timberlands in a manner that effectively balances environmental 
        protection with economic necessity. Oregon law prohibits the 
        export of timber from lands owned by the State of Oregon, 
        thereby helping to maintain the supply of raw materials for 
        domestic processing.
            (15) The State of Oregon is capable of managing the 
        Railroad and Wagon Road Grant Lands efficiently while 
        maintaining a high level of wildlife and ecosystem protection. 
        State management of these lands would enable the demonstration 
        of the principles and promise of adaptive forest and watershed 
        management in areas with an intricate mixture of public and 
        private land. Oregon can be a laboratory for finding creative 
        ways of managing forests and watersheds under multiple owners 
        to meet a balance of environmental and commodity goals.
            (16) There is a strong national interest in maintaining a 
        stable and dependable domestic timber supply, particularly from 
        lands, such as the Railroad Grant Lands and Wagon Road Grant 
        Lands, already dedicated to that purpose.
            (17) It is in the national interest to reduce the size of 
        the Bureau of Land Management, reduce the burden on the Federal 
        Treasury of managing the Railroad Grant Lands, Wagon Road Grant 
        Lands and related federally owned timberlands, and transfer 
        control of and land management authority over such lands to the 
        most local level of government capable of effectively and 
        efficiently managing the lands.
            (18) There is a strong national interest in protecting and 
        conserving all of the natural resources, including fish and 
        wildlife, found on the Railroad Grant Lands, Wagon Road Grant 
        Lands, and related federally owned timberlands.
            (19) National, State, and local interests both public and 
        private, and both economic and ecologic, would be best served 
        if the checkerboard pattern of property ownership in the O&C 
        counties in the area of the Railroad Grant Lands and Wagon Road 
        Grant Lands was transformed through a process of blocking up 
        ownerships.
            (20) National, State, and local interests in the Railroad 
        Grant Lands and the Wagon Road Grant Lands would be best served 
        if these lands and related federally owned timberlands managed 
        by the Bureau of Land Management were transferred to the State 
        of Oregon, subject to terms and conditions necessary to assure 
        their management consistent with the intent of this Act.

SEC. 4. TRANSFER OF RAILROAD GRANT LANDS AND WAGON ROAD GRANT LANDS TO 
              THE STATE OF OREGON.

    (a) Transfer Required.--Within three years following receipt of a 
qualifying resolution of assent that satisfies the conditions specified 
in section 5(a), and provided that the qualifying resolution of assent 
is filed on or before December 31, 1999, the Secretary of the Interior 
shall transfer to the State of Oregon all right, title, and interest of 
the United States in and to all of the real property described in 
subsection (b), including the resources and water rights associated 
with such property, if any. The transfer shall also include all data, 
documents, draft plans, plans, maps, agreements, and all other papers 
or electronically stored information relating to ownership or 
management of such real property.
    (b) Description of Real Property Subject to Transfer.--The real 
property to be transferred to the State of Oregon under subsection (a) 
shall consist of the following:
            (1) The Railroad Grant Lands, consisting of all lands 
        revested to the United States pursuant to the Act of June 9, 
        1916 (39 Stat. 218), but not including the controverted lands.
            (2) All lands acquired by the United States after June 9, 
        1916, including the Wagon Road Grant Lands, and managed within 
        the Department of the Interior by the Bureau of Land Management 
        under the Act of August 28, 1937 (43 U.S.C. 1181a-1181f).
            (3) All federally owned lands managed within the Department 
        of the Interior by the Bureau of Land Management, classified as 
        timberland, and lying within one or more of the O&C counties.
            (4) The land and structures both owned by the United States 
        in the State of Oregon and utilized, as of the date of 
        enactment of this Act, by the Bureau of Land Management as 
        district or resource area offices or for other administrative 
        purposes in the Bureau of Land Management's Medford District, 
        Roseburg District, Eugene District, Salem District, Coos Bay 
        District, and the Klamath Resource Area of the Lakeview 
        District.
            (5) All office equipment, motor vehicles, and other rolling 
        stock and supplies held in inventory by the Bureau of Land 
        Management as of the date lands are transferred by this Act in 
        the districts and resource areas described in paragraph (b)(4) 
        above and utilized or intended to be utilized by the Bureau of 
        Land Management in the administration, management, or 
        maintenance of lands transferred by this Act.
    (c) Preparations for Transfer.--Beginning on the date of the 
enactment of this Act, the Secretary shall take all steps necessary to 
prepare for the land transfer required by subsection (a). Not later 
than 90 days after such date, the Secretary shall prepare legal 
descriptions and a map or maps of all real property to be transferred 
and file such descriptions and maps with the Governor of the State of 
Oregon. Such descriptions and maps shall be held in the Office of the 
Governor or in such location designated by the Governor for public 
review. The Secretary may correct or adjust such descriptions and maps 
after consultation with the O&C counties and the Governor of the State 
of Oregon to ensure that such descriptions and maps accurately reflect 
the lands to be transferred. The Secretary is not required to conduct a 
survey of any lands prior to transferring such lands under this Act.
    (d) Effect of Transfer on Special Revenue-Sharing Requirements.--If 
the transfer of lands under subsection (a) is completed prior to 
October 1, 2003, the O&C counties shall nevertheless continue to 
receive the special payment amounts under section 13983 of the Omnibus 
Budget Reconciliation Act of 1993 (Public Law 103-66; 43 U.S.C. 1181f 
note) or any amendments thereto through September 30, 2003, but in any 
event such payments under that Act will cease after payments for fiscal 
year 2003 are complete.
    (e) Time for Transfer.--The Secretary shall complete the land 
transfer required by subsection (a) not later than three years after 
the date on which the Secretary receives a qualifying resolution of 
assent.
    (f) Notice of Transfer to Congress.--Upon completion of the land 
transfer required by subsection (a), the Secretary shall submit to 
Congress written notice describing the lands subject to the transfer. 
The notice shall include a copy of the qualifying resolution of assent 
and a copy of the final legal descriptions and maps prepared under 
subsection (c).

SEC. 5. QUALIFYING RESOLUTION OF ASSENT.

    (a) Conditions Prerequisite to Transfer.--To satisfy the conditions 
necessary for transfer of the Railroad Grant Lands, Wagon Road Grant 
Lands, interspersed federally owned timberlands managed by the Bureau 
of Land Management, and related property under section 4, the 
resolution of assent by the legislature of the State of Oregon must be 
filed with the Secretary on or before December 31, 1999, and must 
provide for management by the State of Oregon consistent with the 
following terms:
            (1) That the State of Oregon has taken all steps necessary 
        to receive title to the lands conveyed by this Act, hold such 
        lands in trust for the financial benefit of the O&C counties 
        through sustained-yield timber production, and manage such 
        lands in accordance with such trust obligations and for the 
        benefit of the people of Oregon and of the United States.
            (2) That, upon receipt of title, the State of Oregon 
        through its Oregon Board of Forestry and Oregon Department of 
        Forestry or the successors to such Board and Department will 
        manage the lands conveyed by this Act for permanent timber 
        production under the principle of sustained yield for the 
        purpose of contributing to the economic stability of local 
        communities. While providing a permanent source of timber 
        supply, the State of Oregon shall protect watersheds and 
        fisheries, regulate stream flows, provide wildlife habitat and 
        recreational opportunities, and institute a program that 
        provides for blocking up of the lands through trades and other 
        transfers with willing private and other public landowners 
        within the O&C Counties.
            (3) That, in managing the lands conveyed by this Act for 
        the purposes set forth in paragraph (2), the State of Oregon 
        will be guided by principles of good stewardship based on the 
        best verifiable scientific information available at the time.
            (4) That, prior to January 1, 2004, management by the State 
        of Oregon of the transferred lands shall be pursuant to a State 
        management plan that is consistent with the standards and 
        guidelines of the Northwest Forest Plan adopted on April 13, 
        1994, or other Federal land management plans in effect at the 
        time of transfer. Beginning January 1, 2004 and thereafter, 
        management by the State of Oregon in accordance with the 
        objectives of this Act will be conducted under a habitat 
        conservation plan developed and approved pursuant to the 
        Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et 
        seq.) so as to coordinate with management on lands remaining in 
        Federal ownership.
            (5) That a fund has been established in the treasury of the 
        State of Oregon entitled the ``O&C Lands Fund,'' into which all 
        gross revenues derived from timber sales or otherwise produced 
        from the lands conveyed by this Act or subsequently exchanged 
        lands are deposited.
            (6) That, prior to January 1, 2004, disbursements will be 
        made annually to the O&C counties, with disbursements to 
        individual counties made in the same proportion that each of 
        them has received disbursements of revenues under the Act of 
        August 28, 1937 (43 U.S.C. 1181a-1181f). Annual disbursements 
        prior to January 1, 2004, to the O&C counties from the O&C 
        Lands Fund shall be the lesser of 50 percent of gross revenues 
        deposited in the O&C Lands Fund or the amount that, when taken 
        together with payments received under section 13983 of the 
        Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66; 
        43 U.S.C. 1181f note), the combined total payments are equal to 
        the amount received by the O&C counties under section 13983 of 
        the Omnibus Budget Reconciliation Act of 1993 during the year 
        in which the qualifying resolution of assent is submitted to 
        the Secretary. Prior to January 1, 2004, all of the revenues 
        deposited in the O&C Lands Fund remaining after annual payments 
        to the O&C counties will be utilized by the State of Oregon for 
        management of the lands conveyed by this Act for the purposes 
        set forth in paragraphs (2) and (3).
            (7) Beginning January 1, 2004, and thereafter, 50 percent 
        of gross revenues deposited in the O&C Lands Fund will be 
        disbursed annually to the O&C counties, with disbursements to 
        individual counties made in the same proportion that each of 
        them has received disbursements of revenues under the Act of 
        August 28, 1937 (43 U.S.C. 1181a-1181f). Beginning January 1, 
        2004, and thereafter, the remaining 50 percent of gross 
        revenues deposited in the O&C Lands Fund will be utilized by 
        the State of Oregon for management of the lands conveyed by 
        this Act for the purposes set forth in paragraphs (2) and (3), 
        with any balance remaining thereafter available to the State 
for other public purposes at the discretion of the State. Payments to 
the O&C counties from the O&C Lands Fund shall not serve as a basis for 
offsetting or reducing payments or revenue distributions by the State 
to any O&C county under any other State program or legislation.
            (8) That the State will accept title subject to all valid 
        existing rights and will assume the obligations of the United 
        States under the terms of any lease, contract, permit, 
        easement, license or other valid binding agreement outstanding 
        between the United States and any other party relating to the 
        lands conveyed by this Act as of the date title is transferred 
        to the State.
            (9) That the State will administer a mineral rights program 
        applicable to any person who, as of the date of enactment of 
        this Act has filed an unpatented mining claim, filed a patent 
        application, or received a first-half patent certificate. 
        Patented lands located within lands transferred pursuant to 
        this Act shall not be subject to this Act, except for the 
        protection of access and other such rights as provided for in 
        paragraph 8 of this section. The State program required by this 
        paragraph will insure that surface, subsurface and access 
        rights of unpatented mining claims, potentially eligible 
        patentees and private patented lands are no less favorable than 
        under Federal law as of January 1, 1996, and that holders of 
        all first-half final patent certificates as of the date of 
        enactment of this Act will be awarded full patents not later 
        than two years after the notice required by section 4, 
        subsection (f) of this Act, and that all unpatented mining 
        claims and patent applications filed as of the date of 
        enactment of this Act will carry the same rights as, and be 
        subject to requirements that are no less favorable to claimants 
        than under Federal law as of January 1, 1996. The State program 
        established pursuant to this paragraph shall recognize all 
        unpatented mining claims filed as of the date of enactment of 
        this Act for so long as the claimant performs assessment work 
        or pays holding fees and meets other requirements, if any, as 
        provided by Federal law as of January 1, 1996. Any fees charged 
        under the State program required by this paragraph shall be 
        paid to the State.
            (10) That, in the case of lands conveyed under this Act 
        that are capable of commercial production of timber, the State 
        will not sell, transfer, or otherwise dispose of such lands, 
        except in cases of mineral patents or in trades or exchanges 
        for lands of equal value as timberlands in a program of 
        blocking up to aid in consolidating ownerships to increase the 
        efficiency and effectiveness of management for economic and 
        ecologic purposes.
            (11) That the State will continue to manage as parks, 
        campgrounds, and other developed recreation sites and 
        facilities any lands conveyed by this Act that are designated 
        as parks, campgrounds, and other developed recreation sites and 
        facilities as of January 1, 1996.
            (12) That, notwithstanding any other provision of this Act, 
        the State of Oregon will reserve from entry for commercial 
        timber production any lands transferred by this Act that are 
        identified in and designated by Federal statute as of January 
        1, 1996 as areas reserved from entry for commercial timber 
        production including, but not limited to, wild and scenic river 
        areas and wilderness areas.
            (13) That the State will, except as may be inconsistent 
        with paragraphs 8 and 9 above, hold the lands conveyed by this 
        Act open and accessible for hunting, fishing, hiking, swimming, 
        boating, trapping, rockhounding and other recreational uses in 
        accordance with applicable State and Federal laws by all the 
        people of the State and of the United States.
            (14) That the State has established a program giving 
        preference in employment within the Oregon Department of 
        Forestry to any person employed by the Bureau of Land 
        Management within the State of Oregon as of the date a 
        qualifying resolution of assent is filed with the Secretary and 
        whose employment by the Bureau of Land Management terminates on 
or before January 1, 2004 as a result of the land transfer provided for 
in this Act, and shall grant an interview to any such person who 
requests one.
    (b) Right of Reentry.--
            (1) Notwithstanding any other provision of law, the United 
        States shall retain a right of reentry until January 1, 2025, 
        in all lands transferred under this Act and held by the State 
        of Oregon.
            (2) Such right of reentry of the United States shall ripen 
        if, upon petition for review by nine or more of the O&C 
        counties or upon request for review from the President of the 
        United States, the Secretary determines that the land conveyed 
        by this Act is not being managed in accordance with the 
        conditions specified in subsection (a), and such noncompliance 
        is not cured within two years following such determination. Any 
        determination by the Secretary under this subsection shall be 
        made on the record after an opportunity for a hearing.
            (3) The ripened right of reentry retained by the United 
        States shall vest and all right, title and interest in lands 
        and other property transferred under this Act shall revert to 
        the United States only if--
                    (A) the Secretary files a declaration of reentry 
                within three months after the two-year period provided 
                for in subsection (2) with the Governor of the State of 
                Oregon; and
                    (B) the Secretary records a declaration of reentry 
                in the office of the county recorder in each of the O&C 
                counties within three months after the filing required 
                under paragraph (A) and prior to January 1, 2050.
            (4) As a condition of reentry pursuant to subsections (2) 
        and (3), the United States shall manage the lands thereafter 
        for permanent timber production for the benefit of local 
        communities, with revenues derived therefrom to be distributed 
        in the same manner provided for by the Act of August 28, 1937 
        (43 U.S.C. 1181a-1181f).
            (5) Unless exercised and perfected sooner pursuant to 
        subsections (2) and (3), the right of reentry shall expire on 
        January 1, 2050.

SEC. 6. NEW MANAGEMENT PLANS.

    (a) If a qualifying resolution of assent has been filed with the 
Secretary as provided in section 5 of this Act, the Secretary of the 
Interior and Secretary of Agriculture shall, not later than January 1, 
2001, commence preparation of amendments to the Northwest Forest Plan 
adopted April 13, 1994, or other Federal land management plans in 
effect as of January 1, 2001, which amendments shall anticipate the 
transfer of land as required by this Act and subsequent State 
management, and which amendments shall become effective on January 1, 
2004 on lands currently under the Northwest Forest Plan that remain in 
Federal ownership on and after January 1, 2004.

SEC. 7. SUSPENSION OF LAWS RENDERED OBSOLETE BY TRANSFER OF RAILROAD 
              GRANT LANDS AND WAGON ROAD GRANT LANDS

    (a) Description of Suspended Laws; Date of Suspension.--Provided 
that the Secretary of Interior has submitted to Congress the notice 
required by section 4(f), the following laws are suspended effective 
January 1, 2004, and are of no further force or effect unless and until 
the right of reentry ripens and vests and title to transferred lands 
reverts to the United States pursuant to section 5(b) of this Act:
            (1) The Act of August 28, 1937 (43 U.S.C. 1181a-1181f).
            (2) The Act of May 24, 1939 (43 U.S.C. 1181f-1181f-4).
            (3) The Act of June 24, 1954 (43 U.S.C. 1181g-1181i), 
        concerning the controverted lands.
                                 <all>