Page:United States Statutes at Large Volume 102 Part 3.djvu/761

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PUBLIC LAW 100-000—MMMM. DD, 1988

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 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 transfer 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 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 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.