H. R. 765

One Hundred Third Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fifth day of January, one thousand nine hundred and ninety-three

An Act

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repealed the in lieu selection provisions of the Act of June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national park, or other area withdrawn from the public domain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.
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(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 exist-
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ing 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 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) 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 an initial list as provided by subsection (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 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 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 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 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
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title to, any base land included in a final list and described in

a confirmatory 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 any confirmatory

document 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 document

of disclaimer of interest issued pursuant to this subsection that

were in existence on the date of issuance of such confirmatory

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
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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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.