`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 765 Enrolled Bill (ENR)]

        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    repealed the in lieu selection provisions of the Act of June 4, 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.
    (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 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 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 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.`