Michigan Public Lands Improvement Act of 1988
PL 100-537 (H.R.4375), enacted 10/28/1988

PUBLIC LAW 100-537—OCT. 28, 1988 
102 STAT. 2711 
Public Law 100-537 
100th Congress 
An Act 
To improve the management of certain public lands in the State of Michigan. 
Oct. 28, 1988 
[H.R. 4375] 
Act of 1988. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
Michigan Public 
Lands 
SECTION 1. SHORT TITLE; FINDINGS AND PURPOSES; DEFINITIONS. 
Improvement 
(a) SHORT TITLE.—This Act may be cited as the "Michigan Pubhc 
Lands Improvement Act of 1988". 
(b) FINDINGS.—Congress hereby finds and declares that— 
(1) within the State of Michigan there are a number of small 
scattered islands and upland tracts that are in Federal owner-
ship and under the jurisdiction of the Bureau of Land 
Management; 
(2) the public interest would be best served if these Federal 
islands and upland tracts continue to be managed for public 
recreation; preservation of open space; and for the protection of 
their fish, wildlife, and plants and their scientific, historic, 
cultural, geologic, and other resources and values; 
(3) many such islands and upland tracts are not suitable for 
inclusion in the National Park System, National Forest System, 
National Wildlife Refuge System, or other Federal conservation 
system or for efficient management by the Bureau of Land 
Management; 
(4) the State of Michigan is prepared and willing to undertake 
to manage such islands and upland tracts for such purposes and 
subject to appropriate conditions, but existing mechanisms for 
enabling the State to undertake such management are cum-
bersome and inefficient as applied to such small, scattered 
islands and tracts; 
(5) elsewhere in Michigan there are unpatented lands which 
for many years have been in the possession of parties other than 
the United States but the title to which is clouded because of 
claims arising under public land laws or otherwise involving 
possible Federal residual interests; 
(6) existing authorities for Federal resolution of such conflicts, 
and for removal of such clouds on title, are often not well suited 
for efficient, expeditious action that appropriately protects the 
interests of all parties, including the United States; and 
(7) legislation to facilitate appropriate management by the 
State of such islands and upland tracts and to facilitate resolu-
tion of such claims and removal of such clouds would be in the 
public interest and would be a suitable recognition of the 
completion of Michigan's one hundred and fiftieth year of 
statehood. 
(c) PURPOSES.—This Act is intended to provide for better manage-
ment of public lands located in the State of Michigan by— 
(1) transferring certain specified unclaimed islands and up-
lands and certain other public lands to such State for purposes 
102 STAT. 2712 
PUBLIC LAW 100-537—OCT. 28, 1988 
of public recreation, protection of fish, wildlife, and plants, and 
the protection of resources and values; and 
Claims. 
(2) authorizing the Secretary of the Interior to resolve claims 
to certain other public lands in Michigan and to transfer such 
lands to claimants thereof on terms that recognize the equities 
of such claimants in such lands. 
(d) DEFINITIONS.—As used in this Act— 
(1) the term "listed uplands and islands" means those vacant, 
unappropriated, and unreserved public lands located in the 
State of Michigan which are specified in the list entitled "Michi-
gan Uplands and Islands Appropriate for State Management" 
dated June 1988, on file in the Office of the Secretary of the 
Interior; 
(2) the term "public lands" has the same meaning as specified 
in section 103(e) of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1702(e)); 
(3) the term "claim" means an assertion by a party other than 
the United States that such party has title to a parcel or tract of 
land; 
(4) the term "Recreation and Public Purposes Act" means the 
Act of June 14,1926, as amended (43 U.S.C. 869 et seq.); 
(5) the term "Secretary" means the Secretary of the Interior; 
and 
(6) the term "State" means the State of Michigan. 
SEC. 2. GRANT TO STATE. 
(a) UNCLAIMED AREAS.—Effective one hundred and eighty days 
after the date of enactment of this Act and subject to its terms and 
conditions, the right, title, and interest of the United States in and 
to all listed uplands and islands, surveyed and unsurveyed, in the 
Great Lakes, inland lakes and rivers, and other bodies of water 
within the State which as of January 1, 1988, were not subject to 
any claim identified on the records of the Bureau of Land Manage-
ment, are hereby granted to the State. 
(b) CLAIMED AREAS.—Any listed uplands and islands which were 
subject to a claim identified on the records of the Bureau of Land 
Management on January 1, 1988, may be sold by the Secretary to 
the claimant or claimants thereof under section 3 of this Act. No 
later than one hundred and eighty days after the date of enactment 
of this Act, the Secretary shall notify such claimant or claimants 
concerning the Secretary's authority for such sales. The right, title, 
and interest of the United States in and to any such listed uplands 
and islands not purchased by such claimant or claimants within ten 
years after the date of enactment of this Act shall be transferred by 
the Secretary to the State under and subject to this Act at the end of 
such ten years, and any claim to any such listed uplands and islands 
by any party other than the State shall not thereafter be enforce-
able in any court of the United States. 
(c) PRIOR TRANSFERS.— 
(1) Title to the surface estate in all public land which on the 
date of enactment of this Act was subject to leases issued under 
the authority of the Recreation and Public Purposes Act to the 
State, its departments, agencies, and bureaus, shall be deemed 
to have been granted to and vested in the State under this Act 
on such date and shall thereafter be exempt from the require-
ments of the regulations of the Department of the Interior 
PUBLIC LAW 100-537—OCT. 28, 1988 
102 STAT. 2713 
governing leases under the Recreation and Public Purposes Act, 
but shall be subject to the provisions of this Act. 
(2) Upon reversion and acceptance of public land in Michigan 
which prior to the date of enactment of this Act was leased or 
patented under the Recreation and Public Purposes Act to 
entities other than the State, its departments, agencies, and 
bureaus, the surface estate in such lands shall be transferred by 
the Secretary to the State pursuant to and subject to the 
provisions of this Act. 
(3) If, in order to bring lands under the provisions of this Act, 
the State notifies the Secretary that the State desires to relin-
quish to the United States the right, title, and interest of the 
State in and to any lands which prior to the date of enactment 
of this Act were patented to the State (or to any department, 
agency, or bureau of the State) under the authority of the 
Recreation and Public Purposes Act, the Secretary shall trans-
fer such relinquished lands to the State under and subject to the 
provisions of this Act. Such transfer shall be effective at the 
same time that the State's relinquishment is effective. 
SEC. 3. RESOLUTION OF CLAIMS. 
(a) SALES.—In accordance with the provisions of this section, the Patents and 
Secretary is authorized to sell and issue a patent to a tract of public trademarks. 
land located in Michigan to an applicant for such sale where the 
Secretary determines that— 
(1) such tract does not exceed one thousand five hundred acres 
and, because of its location or other characteristics, is difficult 
and uneconomic to manage as part of the public lands and is not 
suitable for management by another Federal department or 
agency, and 
(2) such sale would not be inconsistent with land use plans 
developed in accordance with section 202 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1712). 
(b) PRICE ADJUSTMENTS.—Notwithstanding any other provision of 
law, following adjudication of any claims the Secretary may, at the 
Secretary's discretion, convey land pursuant to this section at fair 
market value, less equities presented by an applicant for such 
conveyance and less the value of any improvements that the ap-
plicant or the applicant's predecessors in interest have placed on the 
land. Such equities may include (but are not limited to)— 
(1) the amount paid for the land by the applicant; 
(2) longevity of applicant's claim; 
(3) taxes paid on the land; and 
(4) other equities as the Secretary may determine relevant. 
(c) DESCRIPTIONS.—Any tract of public land conveyed pursuant to 
this section shall be described in accordance with the Public Land 
Survey System as reflected on the approval Federal plat of survey. 
Where a tract does not conform to an existing survey plat, the 
Secretary may either— 
(1) convey title to a trustee, qualified under the laws of the 
State to act as a trustee and acceptable to the Secretary, acting 
on behalf of more than one applicant to whom such trustee 
shall be required to transfer such tract, in order to conform the 
legal description to such plat; or 
(2) require an applicant to reimburse the United States for 
the cost of preparing a plat of survey. 
102 STAT. 2714 
PUBLIC LAW 100-537—OCT. 28, 1988 
No costs incurred by a trustee in implementing this subsection shall 
be borne by the United States, 
(d) APPLICABILITY AND PROCEDURE.— 
(1) This section shall apply only to tracts specified in section 
2(b) of this Act and to other tracts of public lands in Michigan 
whose sale is requested by persons or entities asserting claims 
thereto. 
(2) No sale under this section shall take place before thirty 
days after the Secretary has published in a newspaper of gen-
eral circulation in the county where a tract proposed for sale is 
located a notice of the Secretary's determination that such tract 
is eligible for sale under this section and that the Secretary 
intends to offer such tract for sale. Such notice shall indicate 
the size and general location of the tract and the name or names 
of the claimant or claimants to whom the Secretary intends to 
sell such tract. 
SEC. 4. RESERVATIONS AND CONDITIONS. 
(a) MINERAL RESERVATION.—All lands granted by, and any patent 
or document of conveyance or other transfer issued pursuant to, this 
Act shall be subject to the reservations to the United States of all 
minerals in the lands granted, conveyed, or otherwise transferred, 
together with the right to prospect for, mine, and remove the 
minerals under applicable law and such regulations as the Secretary 
may prescribe, except that in the case of sales under section 3 of this 
Act the Secretary may convey the minerals together with the 
surface in accordance with section 209 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1719). 
(b) OTHER CONDITIONS.— 
(1) The lands granted or otherwise transferred to the State 
under this Act shall not be conveyed or otherwise transferred by 
the State to any person or entity other than a political subdivi-
sion of the State. 
Recreation. 
(2) The lands granted or otherwise transferred to the State 
Environmental 
under this Act shall be used only for purposes of— 
protection. 
(^) p^^jlj^ recreation; 
(B) protection of fish and wildlife (including habitat) and 
plants; or 
(C) the protection of the scenic, scientific, historic, cul-
tural, geologic, and other resources and values of such 
lands. 
(3)(A) If the State attempts to convey or otherwise transfer 
title to any part of the lands granted or otherwise transferred to 
the State under this Act to any person or entity other than a 
political subdivision of the State, all right, title, and interest in 
and to all such lands so granted or otherwise transferred to the 
State, together with all improvements thereon, shall revert to 
the United States. 
(B) If any political subdivision of the State attempts to convey 
or otherwise transfer title to any part of any lands granted or 
otherwise transferred to the State under this Act (and conveyed 
or otherwise transferred to such subdivision by the State) to any 
person or entity other than the State, all right, title, and 
interest in and to all such lands so conveyed or otherwise 
transferred to such subdivision, together with all improvements 
thereon, shall revert to the United States. 
PUBLIC LAW 100-537—OCT. 28, 1988 
102 STAT. 2715 
(4XA) If any part of the lands granted or otherwise trans-
ferred to the State under this Act (and not further conveyed or 
otherwise transferred by the State to a political subdivision 
thereof) are used for any purpose incompatible with the pur-
poses specified in paragraph (2) of this subsection, all right, title, 
and interest in and to all such lands in the ownership of the 
State, together with all improvements thereon, shall revert to 
the United States. 
(B) If any of the lands granted or otherwise transferred to the 
State under this Act are conveyed or otherwise transferred by 
the State to a political subdivision of the State, use of part of 
any such lands for any purpose incompatible with the purposes 
specified in paragraph (2) of this subsection shall cause all right, 
title, and interest in and to all such lands to conveyed or 
otherwise transferred to such political subdivision, together 
with all improvements thereon, to revert to the United States. 
SEC. 5. NOTICE AND ENFORCEMENT. 
(a) PUBLIC NOTICE.— 
(1) As soon as practicable after the date of enactment of this 
Act, the Secretary, in consultation with appropriate officials of 
the State, shall take steps to notify residents of the State as to 
the nature and location of the listed uplands and islands to be 
granted or otherwise transferred to the State under this Act. 
(2)(A) The State shall provide notice in writing to the Sec-
retary with regard to any conveyance or other transfer by the 
State to a political subdivision thereof of any of the lands 
granted or otherwise transferred to the State under this Act. In 
the event that the State fails to provide such notice within one 
year after any such conveyance or transfer, such conveyance or 
transfer by the State shall be void ab initio and all right, title, 
and interest in and to the land covered by such attempted 
conveyance or transfer shall revert to the United States. 
(B) No later than five years after the date of enactment of this Reports. 
Act, and every five years thereafter, the State shall submit to 
the Secretary a report as to the present ownership, manage-
ment, and use of the lands granted or otherwise transferred to 
the State pursuant to this Act. 
(3) The Secretary shall maintain in the Secretary's offices in Records. 
the District of Columbia and in an appropriate office in the 
State a current listing of the lands granted or otherwise trans-
ferred to the State under this Act, including a record of which if 
any of such lands have been conveyed or otherwise transferred 
by the State to a political subdivision thereof. 
(b) ENFORCEMENT.— 
(1) Any person may submit to the Secretary a complaint 
alleging that the State or a political subdivision thereof has 
failed to comply with the requirements of this Act or that 
actions have occurred which have had the effect of causing the 
reversion to the United States of some or all of the lands 
granted or otherwise transferred to the State under this Act. 
(2) In the event that the Secretary determines that a com-
plaint received under this subsection is supported by evidence 
sufficient to warrant further investigation, the Secretary shall 
investigate the matter. 
(3) If, as a result of an investigation under paragraph (2) or for 
any other reason, the Secretary determines that title to some or 
102 STAT. 2716 
PUBLIC LAW 100-537—OCT. 28, 1988 
all of the lands granted or otherwise transferred to the State 
under this Act has reverted to the United States pursuant to 
this Act, the Secretary shall take all necessary steps to enforce 
such reversion and to stop use of any part of such lands for any 
purpose incompatible with the purposes specified in section 
4(b)(2) of this Act. 
(4) Any lands which may revert to the United States under 
this Act shall be retained and managed by the Secretary for the 
purposes specified in section 4(b)(2) of this Act. 
SEC. 6. HUNTING AND FISHING. 
Nothing in this Act shall be construed as affecting the jurisdiction 
or responsibilities of the State of Michigan with respect to fish and 
wildlife (including the regulation of hunting, fishing, and trapping) 
in any lands granted or otherwise transferred to the State under 
this Act. 
Approved October 28, 1988. 
LEGISLATIVE HISTORY—H.R. 4375: 
HOUSE REPORTS: No. 100-758 (Ck)mm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 100-537 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
July 11, considered and passed House. 
Oct. 11, considered and passed Senate.