II

103D CONGRESS

1ST SESSION S. 1233

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

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’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—

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

9 aid in the Construction of a Railroad and Telegraph

10 Line from the States of Missouri and Arkansas to
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1 the Pacific Coast’’, approved July 27, 1866 (14

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

3 Atlantic and Pacific Railroad Company, together

4 with certain alternate sections of public lands on

5 both sides of the right-of-way;

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

7 in the grant described in paragraph (1);

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

9 Pacific Railroad Company, the Santa Fe Pacific

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

11 corporation—

12 (A) claim rights to approximately

13 14,632.72 acres of the lands described in para14 graph (1); and

15 (B) applied to the Secretary of the Interior

16 for a patent to the lands;

17 (4) the Secretary of the Interior denied the ap18 plication for the patent, which was filed in the name

19 of the Santa Fe Railroad Company for the benefit

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

21 claim had been extinguished by failure to record the

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

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

24 similar rights’’, approved August 5, 1955 (69 Stat.
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1 534; 43 U.S.C. 274 note) (commonly known as the

2 ‘‘Recordation Act’’);

3 (5) on appeal, the United States Court of Ap4 peals for the District of Columbia Circuit ruled in

5 Santa Fe Pacific Railroad Company, et al. v. Sec6 retary of the Interior, 830 F.2d 1168 (D.C. Cir.

7 1987), that such Act was not applicable and did not

8 bar the issuance of a patent;

9 (6) ultimate resolution of the question of the

10 title to the 14,632.72 acres may require years of ad11 ditional litigation;

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

13 Law 98–406) designated certain lands in the Pres14 cott National Forest in Arizona as components of

15 the National Wilderness Preservation System estab16 lished by the Wilderness Act (16 U.S.C. 1131 et

17 seq.), including the Apache Creek Wilderness and

18 the Juniper Mesa Wilderness;

19 (8) the 14,632.72 acres are in the Prescott Na20 tional Forest and comprise large portions of the

21 Apache Creek and Juniper Mesa Wilderness areas;

22 and

23 (9) if the 14,632.72 acres are patented to pri24 vate owners, the creation of a checkerboard owner-
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1 ship pattern over the wilderness areas will effectively

2 preclude management of the areas as wilderness.

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

4 (1) to resolve the status of the title to the ap5 proximately 14,632.72 acres in the Prescott Na6 tional Forest described in section 3(c);

7 (2) to ensure that the lands are permanently re8 tained in Federal ownership; and

9 (3) to preserve the integrity of the Apache

10 Creek and Juniper Mesa Wilderness areas consistent

11 with the Arizona Wilderness Act of 1984 (Public

12 Law 98–406).

13 SEC. 3. RESOLUTION OF STATUS OF LANDS.

14 (a) PAYMENT BY THE SECRETARY OF THE TREAS15 URY.—

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

17 Secretary of the Treasury shall pay to Perrin Prop18 erties, Inc., the sum of $3,854,000 from the perma19 nent judgment appropriation established pursuant to

20 section 1304 of title 31, United States Code.

21 (2) INTEREST.—No funds shall be made avail22 able for the payment of interest on the amounts pay23 able under paragraph (1).

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

25 Treasury shall make the payment described in subsection
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1 (a) if the Attorney General of the United States notifies

2 the Secretary of the Treasury that the appellants in Santa

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

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

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

6 General all documents necessary—

7 (1) to dismiss with prejudice all litigation in8 volving the title to the lands described in subsection

9 (c); and

10 (2) to release and quitclaim to the United

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

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

13 entitled ‘‘An Act granting Lands to aid in the Con14 struction of a Railroad and Telegraph Line from the

15 States of Missouri and Arkansas to the Pacific

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

17 and to lands in the Prescott National Forest.

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

19 in this subsection are the approximately 14,632.72 acres

20 of land in the Prescott National Forest in Arizona de21 scribed in the decision by the Interior Board of Land Ap22 peals, Santa Fe Pacific Railroad Co., No. 82–449, 72

23 IBLA 197 (April 19, 1983).

24 (d) MANAGEMENT OF LANDS.—Upon the execution

25 of documents and dismissal of the litigation as described
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1 in subsection (b), the lands described in subsection (c)

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

3 regulations pertaining to the National Forest System.

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

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

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

7 in accordance with the applicable provisions of the Wilder8 ness Act (16 U.S.C. 1131 et seq.).

9 SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

10 To reimburse the permanent judgment appropriation

11 for the payment authorized by section 3(a), there is au12 thorized to be appropriated to the Department of Agri13 culture $3,854,000.

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