Calendar No. 445

103D CONGRESS

2D SESSION S. 1233

[Report No. 103–274]

A BILL

To resolve the status of certain lands in Arizona

poses.lands for railroad purposes, and for other purthat are subject to a claim as a grant of public

MAY 25 (legislative day, MAY 16), 1994

Reported with amendments
II

Calendar No. 445

103D CONGRESS

2D SESSION S. 1233

[Report No. 103–274]

To resolve the status of certain lands in Arizona that are subject to a

claim as a grant of public lands for railroad purposes, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 15 (legislative day, JUNE 30), 1993

Mr. DECONCINI introduced the following bill; which was read twice and

referred to the Committee on Energy and Natural Resources

MAY 25 (legislative day, MAY 16), 1994

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 in Arizona that are

subject to a claim as a grant of public lands for railroad

purposes, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Arizona Wilderness

5 Land Title Resolution Act of 1993 1994’’.
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•S 1233 RS

1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds that—

3 (1) the Act entitled ‘‘An Act granting Lands to

4 aid in the Construction of a Railroad and Telegraph

5 Line from the States of Missouri and Arkansas to

6 the Pacific Coast’’, approved July 27, 1866 (14

7 Stat. 292), granted a right-of-way in Arizona to the

8 Atlantic and Pacific Railroad Company, together

9 with certain alternate sections of public lands on

10 both sides of the right-of-way;

11 (2) patents were not issued to some of the lands

12 in the grant described in paragraph (1);

13 (3) as successors in interest to the Atlantic and

14 Pacific Railroad Company, the Santa Fe Pacific

15 Railroad, and Perrin Properties, Inc., a California

16 corporation—

17 (A) claim rights to approximately

18 14,632.72 acres of the lands described in para19 graph (1); and

20 (B) applied to the Secretary of the Interior

21 for a patent to the lands;

22 (4) the Secretary of the Interior denied the ap23 plication for the patent, which was filed in the name

24 of the Santa Fe Railroad Company for the benefit

25 of Perrin Properties, Inc., on the ground that the

26 claim had been extinguished by failure to record the
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•S 1233 RS

1 claim in accordance with the Act entitled ‘‘An Act

2 to require the recordation of scrip, lieu selection, and

3 similar rights’’, approved August 5, 1955 (69 Stat.

4 534; 43 U.S.C. 274 note) (commonly known as the

5 ‘‘Recordation Act’’);

6 (5) on appeal, the United States Court of Ap7 peals for the District of Columbia Circuit ruled in

8 Santa Fe Pacific Railroad Company, et al. v. Sec9 retary of the Interior, 830 F.2d 1168 (D.C. Cir.

10 1987), that such Act was not applicable and did not

11 bar the issuance of a patent;

12 (6) ultimate resolution of the question of the

13 title to the 14,632.72 acres may require years of ad14 ditional litigation;

15 (7) the Arizona Wilderness Act of 1984 (Public

16 Law 98–406) designated certain lands in the Pres17 cott National Forest in Arizona as components of

18 the National Wilderness Preservation System estab19 lished by the Wilderness Act (16 U.S.C. 1131 et

20 seq.), including the Apache Creek Wilderness and

21 the Juniper Mesa Wilderness;

22 (8) the 14,632.72 acres are in the Prescott Na23 tional Forest and comprise large portions of the

24 Apache Creek and Juniper Mesa Wilderness areas;

25 and
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1 (9) if the 14,632.72 acres are patented to pri2 vate owners, the creation of a checkerboard owner3 ship pattern over the wilderness areas will effectively

4 preclude management of the areas as wilderness.

5 (b) PURPOSES.—The purposes of this Act are—

6 (1) to resolve the status of the title to the ap7 proximately 14,632.72 acres in the Prescott Na8 tional Forest described in section 3(c);

9 (2) to ensure that the lands are permanently re10 tained in Federal ownership; and

11 (3) to preserve the integrity of the Apache

12 Creek and Juniper Mesa Wilderness areas consistent

13 with the Arizona Wilderness Act of 1984 (Public

14 Law 98–406).

15 SEC. 3. RESOLUTION OF STATUS OF LANDS.

16 (a) PAYMENT BY THE SECRETARY OF THE TREAS17 URY.—

18 (1) PAYMENT.—Subject to subsection (b), the

19 Secretary of the Treasury shall pay to Perrin Prop20 erties, Inc., the sum of $3,854,000 from the perma21 nent judgment appropriation established pursuant to

22 section 1304 of title 31, United States Code.

23 (2) INTEREST.—No funds shall be made avail24 able for the payment of interest on the amounts pay25 able under paragraph (1).
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•S 1233 RS

1 (b) CONDITIONS OF PAYMENT.—The Secretary of the

2 Treasury shall make the payment described in subsection

3 (a) if the Attorney General of the United States notifies

4 the Secretary of the Treasury that the appellants in Santa

5 Fe Pacific Railroad Company, et al. v. Secretary of the

6 Interior, 830 F.2d 1168 (1987), and Perrin Properties,

7 Inc., have executed in forms satisfactory to the Attorney

8 General all documents necessary—

9 (1) to dismiss with prejudice all litigation in10 volving the title to the lands described in subsection

11 (c); and

12 (2) to release and quitclaim to the United

13 States all right, title, and interest of the appellants

14 and of Perrin Properties, Inc., arising out of the Act

15 entitled ‘‘An Act granting Lands to aid in the Con16 struction of a Railroad and Telegraph Line from the

17 States of Missouri and Arkansas to the Pacific

18 Coast’’, approved July 27, 1866 (14 Stat. 292), in

19 and to lands in the Prescott National Forest.

20 (c) DESCRIPTION OF LANDS.—The lands described

21 in this subsection are the approximately 14,632.72 acres

22 of land in the Prescott National Forest in Arizona de23 scribed in the decision by the Interior Board of Land Ap24 peals, Santa Fe Pacific Railroad Co., No. 82–449, 72

25 IBLA 197 (April 19, 1983).
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1 (d) MANAGEMENT OF LANDS.—Upon the execution

2 of documents and dismissal of the litigation as described

3 in subsection (b), the lands described in subsection (c)

4 shall be managed in accordance with the laws, rules, and

5 regulations pertaining to the National Forest System.

6 Lands described in subsection (c) that lie within the

7 boundaries of a wilderness area, as designated on or before

8 the date of enactment of this Act, shall also be managed

9 in accordance with the applicable provisions of the Wilder10 ness Act (16 U.S.C. 1131 et seq.).

11 SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

12 To reimburse the permanent judgment appropriation

13 for the payment authorized by section 3(a), there is au14 thorized to be appropriated to the Department of Agri15 culture $3,854,000.