To disclaim any interests of the United States in certain lands on San Juan Island, Washington and for other purposes.
PL 102-75 (H.R.427), enacted 07/26/1991

PUBLIC LAW 102-75—JULY 26, 1991 
105 STAT. 365 
Public Law 102-75 
I 
102d Congress 
An Act 
To disclaim any interests of the United States in certain lands on San Jucm Island, 
July 26,1991 
Washington, and for other purposes. 
[H.R. 427] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. DEFINITIONS. 
As used in this Act, the following terms shall have the following 
meanings: 
(1) The term "1921 Act" means the Act of August 23,1921 (42 
Stat. 173), whereby the United States granted to the State of 
Washington, for the use of the University of Washington for 
purposes of a biological station and general university research 
purposes, certain lands compromising a military reservation at 
San Juan Island, in San Juan County, Washington. 
(2) The term "encroached lands" means those portions of the 
lands granted to the State of Washington by the 1921 Act that 
are designated as "Encroached Lands" on a survey plat to be 
prepared by the Secretary of the Interior pursuant to section 2 
of this Act. 
(3) The 
term 
"university" 
means 
the 
University 
of 
Washington. 
(4) The term "the Secretary" means the Secretary of the 
Interior. 
(5) The term "occupants" means the parties who on Janu-
ary 3, 1991, were listed on the tax records of San Juan County, 
Wsishington, as the owners of the encroached lands, and their 
heirs and assigns. 
SEC. 2. SURVEY PLAT. 
Within one year after the date of enactment of this Act, the 
Secretary, acting through the Director of the Bureau of Land 
Management, shall complete a survey of the lands granted to the 
State by the 1921 Act, and shall prepare a survey plat detailing 
those portions of the land granted to the State that have been 
encroached upon: Provided, That not more than 50 per centum of 
the cost of such survey shall be paid by the Federal Government. 
SEC. 3. EXEMPTION, DISCLAIMER, AND CONDITIONS. 
(a) Subject to the limitation in subsection (c), the provisions of the 
1921 Act relating to the right of the United States to eissume control 
of, hold, use, and occupy the lands granted to the State by the 1921 
Act, the provisions of such Act providing for reversion of such lands 
to the United States, and section 2 of such Act as amended by this 
Act shall not apply to the encroached lands. 
(b) Subject to the limitations of subsection (c), the United States 
hereby disclaims all right, title and interest in the encroached lands 
and, effective one year after the survey plat is prepared pursuant to 
105 STAT. 366 
PUBLIC LAW 102-75—JULY 26, 1991 
section 2, all right, title, and interest of the United States in such 
lands shall vest in the University. 
(cXl) Subsections (a) and (b) of this section shall not take effect 
unless, within six months after the date of enactment of this Act the 
University and the State have entered into a binding agreement 
with the Secretary whereby the State and the University agree— 
(A) to accept the map referred to in section 2 as accurate and 
conclusive and that the University and the State will not 
attempt to convey or otherwise transfer any portion of the 
encroached lands to any party or parties other than the occu-
pants; and 
(B) to reimburse the Secretary for the administrative costs of 
implementing this Act plus half the costs of the survey required 
by section 2, and also to pay the Secretary, on behalf of the 
United States, an amount equal to the total amounts that the 
State and the University receive as consideration for convey-
ance of some of all of the encroached lands to any of the 
occupants in excess of reasonable costs (including the survey 
and other costs required by this Act) incurred by the University 
and the State incident to such conveyance. 
(2) All amounts received by the Secretary pursuant to this subsec-
tion shall be retained by the Secretary and, subject to appropria-
tions, shall be used for the management of public lands managed by 
the Bureau of Land Management and shall remain available until 
expended. 
SEC. 4. AVAILABILITY OF SURVEY PLAT. 
The survey plat referred to in section 2 shall be available for 
public inspection in the offices of the Secretary and the State 
Director of the Bureau of Land Management for the State of 
Washington, and the Secretary shall transmit copies thereof to the 
University and to the appropriate officials of the State and of San 
Juan County, Washington. 
SEC. 5. AMENDMENT. 
The 1921 Act is hereby amended by the addition at the end 
thereof of the following new section: 
"SEC. 2. (a) Notwithstanding any other provision of this Act, if any 
land, or portion thereof, granted or otherwise conveyed to the State 
of Washington is or shall become contaminated with hazardous 
substances (as defined in the Comprehensive Environmental Re-
sponse, Compensation and Liability Act (42 U.S.C. 9601)), or if such 
land, or portion thereof, has been used for purposes that the Sec-
retary of the Interior finds may result in the disposal, placement or 
release of any hazardous substance, such land shall not, under any 
circumstance, revert to the United States. 
"(b) If lands granted or conveyed to the State by this Act shall be 
used for purposes that the Secretary of the Interior finds: (1) 
inconsistent with the purposes of this Act, and (2) which may result 
in the disposal, placement or release of any hazardous substance, 
the State shall be liable to pay to the Secretary of the Interior, on 
behalf of the United States, the fair market value of the land, 
including the value of any improvement, thereon, as of the date of 
conversion of the land to the nonconforming purpose. All amounts 
received by the Secretary of the Interior pursuant to this subsection 
shall be retained by the Secretary of the Interior and used, subject 
PUBLIC LAW 102-75—JULY 26, 1991 
105 STAT. 367 
to appropriations, for the management of public lands and shall 
remain available until expended.". 
Approved July 26, 1991. 
..^, - q * 
.^^_ 
LEGISLATIVE HISTORY—H.R. 427: 
HOUSE REPORTS: No. 102-34 (Comm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 102-94 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
Apr. 24, considered and passed House. 
July 17, considered and passed Senate.