Minnesota Public Lands Improvement Act of 1990
PL 101-442 (S.2437), enacted 10/18/1990

PUBLIC LAW 101-442—OCT. 18, 1990 
104 STAT. 1019 
Public Law 101-442 
101st Congress 
An Act 
To authorize the acquisition of certain lands in the States of Louisiana and Missis- 
Q^ ^^ jggQ 
sippi for inclusion in the Vicksburg National Military Park, to improve the manage- 
' 
ment of certain public lands in the State of Minnesota, and for other purposes. 
L°- 2437] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
TITLE I—VICKSBURG NATIONAL 
MILITARY PARK 
SEC. 101. ADDITION OF LANDS TO VICKSBURG NATIONAL MILITARY PARK. 
16 USC 430h-6. 
(a) GRANT'S CANAL, LOUISIANA.—The Secretary of the Interior 
(hereinafter in this title referred to as the "Secretary") is authorized 
to acquire by donation, exchange, or purchase with donated or 
appropriated funds, approximately two and five-tenths acres of land 
in Madison Parish, Louisiana, known generally as the Grsuit's Canal 
property. 
(b) WARREN COUNTY, MISSISSIPPI.—(1) The Secretary is authorized 
to acquire by donation approximately two and eighty-two one-hun-
dredths acres of land adjacent to the entrance of Vicksburg National 
Military Park owned by Warren County, Mississippi. 
(2) The Secretary may contribute, in cash or services, to the 
relocation and construction of a maintenance facility to replace the 
facility located on the land to be donated, all in accordance with an 
agreement between the Secretary and the Board of Supervisors. 
(3) The Secretary is authorized to restore and landscape the 
property acquired pursuant to this subsection. 
(c) BOUNDARY REVISION.—Upon acquisition of the properties re- Federal 
ferred to in subsections (a) and (b), the Secretary shall, after the ^^ur *
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publication of notice in the Federal Register, revise the boundary of ^^ ^^^ *°" 
Vicksburg National Military Park (hereinafter in this title referred 
to as the "park") to reflect the inclusion of such properties within 
the park. 
SEC. 102. EXCLUSION OF LANDS FROM PARK. 
16 USC 430h-7. 
(a) EXCLUSION OF CERTAIN LANDS.—The park boundary is hereby 
revised to exclude those lands depicted as "Proposed Deletions" on 
the map entitled "Vicksburg National Military Park" numbered 
306-80,007 and dated May 1990, which map shall be on file and 
available for public inspection in the Office of the National Park 
Service, Department of the Interior. Exclusive jurisdiction over the 
lands excluded from the park is hereby retroceded to the State of 
Mississippi. 
(b) TRANSFER TO ADJACENT OWNERS.—(1) For a period ending four 
years after the date of enactment of this title and subject to the 
provisions of paragraph (2), the Secretary is authorized to convey 
title to all or part of the lands referred to in subsection (a) to an 
owner of property adjacent to such lands, upon the application of 
such owner. 
104 STAT. 1020 
PUBLIC LAW 101-442—OCT. 18, 1990 
(2) No property shall be conveyed unless the application referred 
to in paragraph (1) is accompanied by a payment in an amount equal 
to— 
(A) the fair market value of the land to be conveyed; and 
(B) the administrative costs of such transfer incurred by the 
Secretary, including the costs of surveys, appraisals, and filing 
and recording fees. 
(c) EXCESS PROPERTY.—Any lands not conveyed pursuant to 
subsection (b) shall be reported to the Administrator of General 
Services as excess to the needs of the Department of the Interior and 
shall be subject to transfer or disposition in accordance with the 
Federal Property and Administrative Services Act of 1949, as 
amended. 
16 u s e 430h-8. 
SEC. 103. PARK INTERPRETATION. 
In administering Vicksburg National Military Park, the Secretary 
shall interpret the campaign and seige of Vicksburg from April 1862 
to July 4, 1863, and the history of Vicksburg under Union occupa-
tion during the Civil War and Reconstruction. 
16 u s e 430h-9. 
SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 
There are hereby authorized to be appropriated such sums as may 
be necessary to carry out the purposes of this title. 
Minnesota 
Public Lands 
Improvement 
Act of 1990. 
Claims. 
Natural 
resources. 
Recreation and 
recreation areas. 
Wildlife. 
Plants. 
TITLE II—MINNESOTA PUBLIC LANDS 
SEC. 201. SHORT TITLE. 
This title may be cited as the "Minnesota Public Lands Improve-
ment Act of 1990". 
SEC. 202. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress hereby finds and declares that— 
(1) within the State of Minnesota 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 Minnesota is prepared and willing to under-
take 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 manage-
ment are cumbersome and inefficient as applied to such small, 
scattered islands and tracts; 
(5) elsewhere in Minnesota 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 
PUBLIC LAW 101-442—OCT. 18, 1990 
104 STAT. 1021 
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 Minnesota of such islands and upland tracts and to 
facilitate resolution of such claims and removal of such clouds 
would be in the public interest, 
G
>
) PURPOSES.—This title is intended to provide for better manage-
ment of public lands located in the State of Minnesota by— 
(1) transferring certain specified unclaimed islands and up-
lands and certain other public lands to such State for purposes 
of public recreation, protection of fish, wildlife, and plants, and 
the protection of resources and values; and 
(2) authorizing the Secretary of the Interior to resolve claims 
to certain other public lands in Minnesota and to transfer such 
lands to claimants thereof on terms that recognize the equities 
of such claimants in such lands. 
SEC. 203. DEFINITIONS. 
As used in this title— 
(a) the term "listed uplands and islands'' means those public 
lands located in the State of Minnesota which are specified in 
the list containing the legal description of such lands and 
entitled "Minnesota Upland^ and Islands Appropriate for State 
Management" dated July 16, 1990, on file in the Office of the 
Secretary of the Interior, except for any lands to which Indian 
title has not been extinguished; 
(b) the term "public lands" means federally owned lands or 
interests therein managed by the Bureau of Land Management; 
(c) the term "claim" means a good faith assertion by a party 
other than the United States that— 
(1) such party has title to a parcel or tract of land, or 
(2) a parcel or tract of land is held in trust by the United 
States for the benefit of an Indian tribe or an individual 
member of an Indian tribe; 
(d) the term "Recreation and Public Purposes Act" means the 
Act of June 14,1926, as amended (43 U.S.C. 869 et seq.); 
(e) the term "Secretary" means the Secretary of the Interior; 
and 
(f) the term "State" means the State of Minnesota. 
SEC. 204. GRANT TO STATE. 
(a) UNCLAIMED AREAS.—Effective one year after the date of enact-
ment 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 Lake Superior, inland 
lakes and rivers, and other bodies of water within the State which as 
of one hundred and eighty da5rs after the date of enactment of this 
Act were not subject to any claim identified on the records of, or 
filed with the Bureau of Lsmd Management, are hereby granted to 
the State. 
0?) CLAIMED AREAS.—Any listed uplands and islands which were 
subject to a claim identified on the records of, or filed with the 
Bureau of Land Management as of one himdred and eighty days 
104 STAT. 1022 
PUBLIC LAW 101-442—OCT. 18, 1990 
after the date of enactment of this Act, may be sold by the Secretary 
to the claimant or claimants thereof under section 205 of this Act. 
No later than one year 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 enforceable in any 
court of the United States, subject to the following exceptions: 
(1) The ten-year period shall be tolled during pendency of any 
administrative appellate review of a decision by the Bureau of 
Land Management or of any judicial review of a final decision 
by the Secretary; and 
(2) The Secretary may transfer lands to the State earlier than 
ten years after the date of enactment if a claim for said lands 
has been rejected or disallowed for any reason, or forfeited by 
the claimant. 
(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 title 
on such date and shall thereafter be exempt from the require-
ments of the regulations of the Department of the Interior 
governing leases under the Recreation and Public Purposes Act, 
but shall be subject to the provisions of this title. 
(2) Upon reversion and acceptance of public land in Min-
nesota 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, and upon request of the State, the surface estate 
in such lands shall be transferred by the Secretary to the State 
pursuant to and subject to the provisions of this title. 
(3) K, in order to bring lands under the provisions of this title, 
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 accept 
such relinquishment and shall transfer such relinquished lands 
to the State under and subject to the provisions of this title. 
Such transfer shall be effective at the same time that the 
State's relinquishment is effective. 
SEC. 205. RESOLUTION OF CLAIMS. 
(a) SALES.—In accordance with the provisions of this section, the 
Secretary is authorized to sell and issue a patent to a tract of public 
land located in Minnesota 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 difRcult 
and uneconomic to manage as part of the public lands and is not 
PUBLIC LAW 101-442—OCT. 18, 1990 
104 STAT. 1023 
suitable for management by another Federal department or 
agency, and 
(2) such sale would not be mconsistent with land use plans, if 
any, developed in accordance with section 202 of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1712). 
0)) 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 O^ut 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 approved 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 imder 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. No cost 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 subsec-
tion 204(b) of this Act, and only if the Secretary has determined 
such claims to be sufficiently meritorious as to be appropriate 
for exercise of the Secretary's discretionary authority under 
this section. 
(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. 206. RESERVATIONS AND CONDITIONS. 
(a) MINERAL RESERVATION.—All lands granted by, and any patent 
or document of conveyance or other transfer issued pursuant to, this 
title shall be subject to the reservation 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 min-
erals under applicable law and such regulations as the Secretary 
may prescribe, except that in the case of sales under section 205 of 
this title the Secretary may convey the minerals together vdth the 
surface in accordance with section 209 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1719). 
104 STAT. 1024 
PUBLIC LAW 101-442—OCT. 18, 1990 
(b) OTHER CONDITIONS.— 
(1) The lands granted or otherwise transferred to the State 
under this title shall not be conveyed or otherwise transferred 
by the State to any person or entity other than the United 
States or a political subdivision of the State. 
(2) The lands granted or otherwise transferred to the State 
under this title shall be used only for purposes of— 
(A) public 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. 
(3XA) 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 title to any person or entity other than the 
United States or a political subdivision of the State, all right, 
title, and interest in and to all such lands so granted or other-
wise 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 title (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. 
(4XA) If any part of the lands granted or otherwise trans-
ferred to the State under this title (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 title 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 eind to all such lands so conveyed or 
otherwise transferred to such political subdivision, together 
with all improvements thereon, to revert to the United States. 
(5XA) If any land, or portion thereof, granted or otherwise 
conveyed to the State or political subdivision of the State shall 
become contaminated with hazardous substances (as defined in 
the Comprehensive Environmental Response, Compensation 
and Liability Act (42 U.S.C. 9601)), or if such land, or portion 
thereof, has been used for purposes that the Secretary finds 
may result in the disposal, placement or release of any hazard-
ous substance, such land shall not, under any circmnstances, 
revert to the United States. 
(B) In the event lands granted or conveyed to the State or 
political subdivision of the State shall be used for purposes that 
the Secretary finds: (1) inconsistent with the purposes of this 
Act, and (2) which may result in the disposal, placement or 
PUBLIC LAW 101-442—OCT. 18, 1990 
104 STAT. 1025 
release of any hazardous substance, the State or political sub-
division of the State shall be liable to pay to the Secretary, on 
behalf of the United States, the fair market value of the land, 
including the value of any improvements thereon, as of the date 
of conversion of the land to the nonconforming purpose. All 
amounts received by the Secretary pursuant to this subpara-
graph shall be retained by the Secretary and used, subject to 
appropriations, for the management of public lands and shall 
remain available until expended. 
SEC. 207. NOTICE AND ENFORCEMENT. 
(a) PuBuc 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 title. 
(2XA) The State, or a political subdivision thereof, shall pro-
vide notice in writing to the Secretary with regard to any 
conveyance or other transfer by the State to a political subdivi-
sion thereof of any of the lands granted or otherwise transferred 
to the State under this title. In the event that such notice is not 
received 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 
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 title. 
(3) The Secretary shall maintain in the appropriate office of 
the Bureau of Land Management a current listing of the lands 
granted or otherwise transferred to the State under this title, 
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 title 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 title. 
(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 
all of the lands granted or otherwise transferred to the State 
under this title has reverted to the United States pursuant to 
this title, 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 
206(bX2) of this title. 
Reports. 
Investigations. 
104 STAT. 1026 
PUBLIC LAW 101-442—OCT. 18, 1990 
(4) Any lands which may revert to the United States under 
this title shall be retained and managed by the Secretary for the 
purposes specified in section 20603X2) of this title. 
SEC. 208. HUNTING AND FISHING. 
Nothing in this title shall be construed as affecting the jurisdic-
tion or responsibilities of the State of Minnesota with respect to fish 
and wildlife (including the regulation of hunting, fishing, and trap-
ping) in any lands granted or otherwise transferred to the State 
under this title, or as increasing or diminishing any rights with 
respect to hunting, gathering, or fishing on such lands arising under 
any Treaty or other agreement between the United States and any 
Indian Tribe or individual. 
SEC. 209. CONFORMING AMENDMENT. 
(a) Subsection 3(d) of the Michigan Public Lands Improvement Act 
102 Stat. 2713. 
of 1988 (Public Law 100-537) is hereby amended by striking the 
period at the end of paragraph (1) of such subsection and by insert-
ing in lieu thereof, ", and only if the Secretary has determined such 
claims to be sufficiently meritorious as to be appropriate for exercise 
of the Secretary's discretionary authority under this section.", 
(b) Subsection 4(b) of the Michigan Public Lands Improvement Act 
102 Stat. 2714. 
of 1988 (Public Law 100-537) is amended— 
(1) by inserting "the United States or" after "any person or 
entity other than" in paragraph (1); and 
(2) by inserting "the United States or" after "any person or 
entity other than" in subparagraph (3XA). 
TITLE III—FLORENCE BROWN RELIEF 
ACT 
SEC. 301. LAND TRANSFER. 
The Secretary of Agriculture shall transfer, without consider-
ation, to Florence F. Brown of Groleta, California, all right, title, and 
interest of the United States in and to the parcel of land located in 
the Los Padres National Forest which is comprised of approximately 
PUBLIC LAW 101-442—OCT. 18, 1990 
104 STAT. 1027 
40 acres and more particularly described as T. 5 N., R. 30 W., S.B.M., 
section 18, NEy4 SWy4. 
Approved October 18, 1990. 
LEGISLATIVE HISTORY—S. 2437: 
HOUSE REPORTS: No. 101-744 (Comm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 101-309 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
June 14, considered and passed Senate. 
Sept. 27, considered and passed House, amended. 
Oct. 3, Senate concurred in House amendments.