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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 provi-
sion 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 distrib-
uted 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 Sec-
retary 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 Sec-
retary’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 sub-
section (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 identifica-
tion 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 pub-
lished 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 sub-
section (c)(2).
(e) ISSUANCE OF INSTRUMENTS.—(1) Except as otherwise pro-
vided 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 sub-
section (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 sub-
section (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 contrac-
tors, 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 effec-
tive 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 require-
ments 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 publica-
tion 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 appro-
priation 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.