Arizona Wilderness Land Title Resolution Act of 1994
PL 103-365 (S.1233), enacted 10/14/1994

PUBLIC LAW 103-365-OCT. 14, 1994 
108 STAT. 3469 
Public Law 103-365 
103d Congress 
An Act 
To resolve the status of certain lands in Arizona that are subject to a claim 
Oct. 14, 1994 
as a grant of public lands for railroad purposes, and for other purposes. 
[S. 1233] 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
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Wilderness Land 
SECTION 1. SHORT TITLE. 
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This Act may be cited as the "Arizona Wilderness Land Title 
16 USC 1132 
Resolution Act of 1994". 
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SEC. 2. FINDINGS AND PURPOSES. 
16 USC 1132 
(a) FINDINGS.—Congress finds that— 
(1) the Act entitled "An Act granting Lands to aid in 
the Construction of a Railroad and Telegraph Line from the 
States of Missoiui and Arkansas to the Pacific Coast", approved 
July 27, 1866 (14 Stat. 292), granted a right-of-way in Arizona 
to the Atlantic and Pacific Railroad Company, together with 
certain alternate sections of public lands on both sides of the 
right-of-way; 
(2) patents were not issued to some of the lands in the 
grant described in paragraph (1); 
(3) as successors in interest to the Atlantic and Pacific 
Railroad Company, the Santa Fe Pacific Railroad, and Perrin 
Properties, Inc., a Caliifomia corporation— 
(A) claim rights to approximately 14,632.72 acres of 
the lands described in paragraph (1); and 
(B) appUed to the Secretary of the Interior for a patent 
to the lands; 
(4) the Secretary' of the Interior denied the application 
for the patent, which was filed in the name of the Santa 
;.,. 
Fe Railroad Company for the benefit of Perrin Properties, Inc., 
on the ground that the claim had been extinguished by failure 
to record the claim in accordance with the Act entitled "An 
Act to require the recordation of scrip, lieu selection, and similar 
rights", approved August 5, 1955 (69 Stat. 534; 43 U.S.C. 274 
note) (commonly known as the "Recordation Act"); 
(5) on appeal, the United States Court of Appeals for the 
District of Columbia Circuit ruled in Santa Fe Pacific Railroad 
Company, et al. v. Secretary of the Interior, 830 F.2d 1168 
^J . 
(D.C. Cir. 1987), that such Act was not applicable and did 
not bar the issuance of a patent; 
(6) ultimate resolution of the question of the title to the 
14,632.72 acres may require years of additional litigation; 
108 STAT. 3470 
PUBLIC LAW 103-365—OCT. 14, 1994 
16 use 1132 
note. 
Perrin 
Properties, Inc. 
Santa Fe Pacific 
Railroad 
Company, et al. 
Missouri. 
Arkansas. 
(7) the Arizona Wilderness Act of 1984 (PubKc Law 98-
406) designated certain lands in the Prescott National Forest 
in Arizona as components of the National Wilderness Preserva-
tion System established by the Wilderness Act (16 U.S.C. 1131 
et seq.), including the Apache Creek Wilderness and the Juniper 
Mesa Wilderness; 
(8) the 14,632.72 acres are in the Prescott National Forest 
and comprise large portions of the Apache Creek and Juniper 
Mesa Wilderness areas; and 
(9) if the 14,632.72 acres are patented to private owners, 
the creation of a checkerboard ownership pattern over the 
wilderness areas will effectively preclude management of the 
areas as wilderness. 
(b) PURPOSES.—^The purposes of this Act are— 
(1) to resolve the status of the title to the approximately 
14,632.72 acres in the Prescott National Forest described in 
section 3(c); 
(2) to ensure that the lands are permanently retained in 
Federal ownership; and 
(3) to preserve the integrity of the Apache Creek and 
Juniper Mesa Wilderness areas consistent with the Arizona 
Wilderness Act of 1984 (Public Law 98-406). 
SEC. 3. RESOLUTION OF STATUS OF LANDS. 
(a) PAYMENT BY THE SECRETARY OF THE TREASURY.— 
(1) PAYMENT.—Subject to subsection (b), the Secretary of 
the Treasury shall pay to Perrin Properties, Inc., the sum 
of $3,854,0()0 from the permeinent judgment appropriation 
established pursuant to section 1304 of title 31, Umted States 
Code. 
(2) INTEREST.—^No funds shall be made available for the 
payment of interest on the amounts payable under paragraph 
(b) CONDITIONS OF PAYMENT.—The Secretary of the Treasury 
shall make the payment described in subsection (a) if the Attorney 
General of the United States notifies the Secretary of the Treasury 
that the appellants in Santa Fe Pacific Railroad Company, et al. 
V. Secretary of the Interior, 830 F.2d 1168 (1987), and Perrin 
Properties, Inc., have executed in forms satisfactory to the Attorney 
General all documents necessary— 
(1) to dismiss with prejudice all litigation involving the 
title to the lands described in subsection (c); and 
(2) to release and quitclaim to the United States all right, 
title, and interest of the appellants and of Perrin Properties, 
Inc., arising out of the Act entitled ''An Act granting Lands 
to aid in the Construction of a Railroad and Telegraph Line 
from the States of Missouri and Arkansas to the Pacific Coast", 
approved July 27, 1866 (14 Stat. 292), in and to lands in 
the Prescott National Forest. 
(c) DESCRIPTION OF LANDS.—The lands described in this sub-
section are the approximately 14,632.72 acres of land in the Prescott 
National Forest in Arizona described in the decision by the Interior 
Board of Land Appeals, Santa Fe Pacific Railroad Co., No. 82-
449, 72IBLA 197 (April 19,1983). 
(d) MANAGEMENT OF LANDS.—^Upon the execution of documents 
and dismissal of the Utigation as described in subsection (b), the 
lands described in subsection (c) shall be managed in accordance 
PUBLIC LAW 103-365—OCT. 14, 1994 
108 STAT. 3471 
with the laws, rules, and regulations pertaining to the National 
Forest System. Lands described in subsection (c) that lie within 
the boundaries of a wilderness area, as designated on or before 
the date of enactment of this Act, shall also be managed in accord-
ance with the applicable provisions of the Wilderness Act (16 U.S.C, 
1131 et seq.). 
Approved October 14, 1994. 
LEGISLATIVE HISTORY—H.R. 1233: 
HOUSE REPORTS: Nos. 108-773, Pt. 1 (Comm. on the Judiciary) andlH. 2 (Comm. on 
SENATE REPORTS: No. 103-274 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
June 24, considered and passed Senate. 
Oct. 3, considered and passed House.