101st CONGRESS
2d Session
S. 2437
AMENDMENTS
S 2437 EAH
In the House of Representatives, U. S.,
September 27, 1990.
Resolved, That the bill from the Senate (S. 2437) entitled `An Act to
authorize the acquisition of certain lands in the States of Louisiana
and Mississippi for inclusion in the Vicksburg National Military Park,
and for other purposes', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:

0ccf42df64508ab0bda2743fea9e65c1992e9392ad27131c76508bbb14eca28c

(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 Grant's Canal property.
(b) WARREN COUNTY, MISSISSIPPI- (1) The Secretary is authorized to acquire
by donation approximately two and eighty-two one-hundredths 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 referred to in
subsections (a) and (b), the Secretary shall, after the 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.

75b6ca3de571120b45f511daad1d409ffda180de51167f3484a2f77534f7d5e7

TITLE I

-VICKSBURG NATIONAL MILITARY PARK

(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.
(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.

66a3de1326d60d5271bf8967c7027a058a773b8f384b3efbf78f3d45c221cdfb

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 occupation during the Civil
War and Reconstruction.

c0fb28915df3bd115f9e4cfeaca2e6f27f718e496ffa6d6f813ebe39fdd3ef46

There are hereby authorized to be appropriated such sums as may be necessary
to carry out the purposes of this title.

38482136424332e7aef0aa865e43f0ac1321cdcb8a8f333c0401cc8a364e4969

This title may be cited as the `Minnesota Public Lands Improvement Act
of 1990'.

22e7813282fe93da4b4681cd66aa114a3c2dc675d4686ec64e69a4dc907479c3

TITLE II

-MINNESOTA PUBLIC LANDS

(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 ownership 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 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 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 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.
(b) PURPOSES- This title is intended to provide for better management of
public lands located in the State of Minnesota by--
(1) transferring certain specified unclaimed islands and uplands 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.

8c2dc805b77bc71ad0c3a1cfd93cea568a56cc39517c8d8aaa716a15e09e7928

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 Uplands 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.

db0eb2a6885e553f4db00660c54e0904b1f6cc4aa95e8e7e0ee335a1318fb506

(a) UNCLAIMED AREAS- Effective one year 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 Lake Superior, inland lakes and rivers, and
other bodies of water within the State which as of one hundred and eighty
days 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 Land Management,
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, or filed with the Bureau of Land
Management as of one hundred and eighty days 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 requirements 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 Minnesota 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) If, in order to bring lands under the provisions of this title, the
State notifies the Secretary that the State desires to relinquish 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.

0e7f8ef1577441a192426e20df7279021c57ed231c0b0b9398a840aacac7edfc

(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 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, if any,
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 applicant 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 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 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. 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 subsection 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 general 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.

80c22e30cf976e056b25d5ed8ec2289c0615bc41108a2105c64138a59f3e8f98

(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 minerals 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 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 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, cultural, 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
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 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 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.
(4)(A) If any part of the lands granted or otherwise transferred 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 purposes 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 and to all such
lands so conveyed or otherwise transferred to such political subdivision,
together with all improvements thereon, to revert to the United States.
(5)(A) 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 hazardous substance,
such land shall not, under any circumstances, 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 release of any hazardous substance,
the State or political subdivision 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 subparagraph shall be retained
by the Secretary and used, subject to appropriations, for the management
of public lands and shall remain available until expended.

45305cbfa99827549330379535e94f0c73d999898d15a0f89b10d44d541fe72b

(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 title.
(2)(A) The State, or a political subdivision thereof, shall provide notice
in writing to the Secretary 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 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, management, 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 complaint 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(b)(2) of this title.
(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 206(b)(2) of this title.

ce7dcc9bd570abab239bf562569b4184ca6981efca5009fcfb1d77afa5f6ca2a

Nothing in this title shall be construed as affecting the jurisdiction
or responsibilities of the State of Minnesota 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 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.

c0a1d77c00de2a3561385ee0b7e5c40ac063ec0fa197fab495c3c002b3d94be4

(a) Subsection 3(d) of the Michigan Public Lands Improvement Act of 1988
(Public Law 100-537) is hereby amended by striking the period at the end
of paragraph (1) of such subsection and by inserting 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 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 (3)(A).

59872f8c0f27962256ce6a40be8b2023eabcb864c136d2f45e4ec2655784bc4d

The Secretary of Agriculture shall transfer, without consideration, to
Florence F. Brown of Goleta, 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 40 acres and
more particularly described as T. 5 N., R. 30 W., S.B.M., section 18,
NE 1/4  SW 1/4 .
Amend the title so as to read: `An Act to authorize the acquisition of
certain lands in the States of Louisiana and Mississippi for inclusion in
the Vicksburg National Military Park, to improve the management of certain
public lands in the State of Minnesota, and for other purposes.'.
Attest:
Clerk.
S 2437 EAH----2

d92e75d4ea0700effcf84c6504e1f61e8e81287d0bfa895b83a0d4d329a65381

Minnesota Public Lands Improvement Act of 1990 — S. 2437

Other Sections

TITLE I

TITLE II

TITLE III

Want the full experience?