To resolve the status of certain land relinquished to the United States under the Act of June 4, 1897 (30 Stat. 11, 36), and for other purposes.
PL 103-48 (H.R.765), enacted 07/02/1993

107 STAT. 234 
PUBLIC LAW 103-48—JULY 2, 1993 
Public Law 103-48 
103d Congress 
An Act 
July 2, 1993 
To resolve the status of certain lands relinquished to the United States under 
[H.R. 765] 
the Act of June 4,1897 (30 Stat. 11, 36), and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
(1) Pursuant to the invitation and requirements contained 
in the 15th paragraph under the heading "Survejdng the Public 
Lands" in the Act of June 4, 1897 (30 Stat. 11, 36), as amended 
or supplemented by the Acts of June 6, 1900 (31 Stat, 588, 
614), March 4, 1901 (31 Stat. 1010, 1037), and September 
22, 1922 (42 Stat. 1067), certain landowners or entrjmien within 
forest reserves acted to transfer their lands to the United 
States as the basis for an in lieu selection of other Federal 
lands (hereafter in this Act referred to as "lieu lands") in 
exchange for such lands within such reserves (hereafter in 
this Act referred to as "base lands"). 
(2) By the Act of March 3, 1905 (33 Stat. 1264), Congress 
repealed the in lieu selection provisions of the Act of June 
4, 1897, as amended, and terminated the right to select lieu 
lands, but expressly preserved the rights of land owners who 
had valid pending applications for in lieu selections, most of 
which have subsequently been granted. 
(3) Other persons affected by the Acts cited in paragraphs 
(1) and (2) who acted to transfer base lands, or their successors 
in interest, have never obtained either (A) a patent to the 
lieu lands or any other consideration for their relinquishment, 
or (B) a quitclaim of their base lands, notwithstanding relief 
legislation enacted in 1922 and 1930. 
(4) By the Act of July 6, 1960 (74 Stat. 334), Congress 
estabUshed a procedure to compensate persons affected by the 
Acts cited in paragraphs (1) and (2) who had not received 
appropriate relief under prior legislation. However, no pay-
ments of such compensation were made under that Act. 
(5) Section 4 of the Act of July 6, 1960, further provided 
that lands with respect to which compensation under that 
Act were or could have been made, and not previously disposed 
of by the United States, shall be a part of any national forest, 
national park, or other area withdrawn from the public domain 
wherein they are located. 
(6) Absent further legislation, lengthy and expensive litiga-
tion will be required to resolve existing questions about the 
title to lands covered by section 4 of the 1960 Act. 
PUBLIC LAW 103-48—JULY 2, 1993 
107 STAT. 235 
(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. roENTIFICATION 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- PH^'lic 
uted for public review in accordance with procedures adopted by information. 
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-
107 STAT. 236 
PUBLIC LAW 103-48—JULY 2, 1993 
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. 
Public 
(3) In the same manner as the initial list was published and 
information. 
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 entr3nnan, 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 
PUBLIC LAW 103-48—JULY 2, 1993 
107 STAT. 237 
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 afTecting 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 
107 STAT. 238 
PUBLIC LAW 103-48—JULY 2, 1993 
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. 
Approved July 2, 1993. 
LEGISLATIVE HISTORY—H.R. 765: 
HOUSE REPORTS: No. 103-81, Pt. 1 (Comm. on Natural Resources). 
CONGRESSIONAL RECORD, Vol. 139 (1993): 
June 21, considered and passed House. 
June 29, considered and passed Senate.