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H.R. 618 (97th): A bill to convey certain interests in public lands to the city of Angels, California.

The text of the bill below is as of Oct 6, 1981 (Passed Congress).


PUBLIC LAW 97-55—OCT. 6, 1981                                      95 STAT. 973

Public Law 97-55
97th Congress
                                     An Act
    To convey certain interests in public lands to the city of Angels, California.      Oct. 6, 1981
                                                                                         [H.R. 618]
   Be it enacted by the Senate and House of Representatives of the
United States ofAmerica in Congress assembled.                                       City of Angels,
   SECTION 1. The Secretary of the Interior (hereafter in this Act                   Calif
                                                                                     Land
referred to as the "Secretary") shall convey by quitclaim deed, subject              conveyance.
to the conditions in section 3 of this Act, to the city council of the City
of Angels, California (hereafter in this Act referred to as the "coun-
cil"), or, if the council so designates, to a trustee (hereafter in this Act
referred to as the "trustee") which the council may designate pursu-
ant to section 8 of this Act, all right, title, and interest, including any
future interests described in sections 6 and 7 of this Act, of the United
States in and to 601.51 acres of land in Calaveras County, California,
further described as Mount Diablo meridian:
                     Township 3 North, Range 13 East
   Section 28:
       Lots 1 and 2,
       North half southwest quarter,
       Southwest quarter southwest quarter.
   Section 29: East half southeast quarter.
   Section 33:
       Lots 1 through 4,6,16 through 18,
       Northwest quarter northwest quarter.
       Northeast quarter southeast quarter.
   Section 34:
       Lot 2,
       Northwest quarter southwest quarter,
including mineral surveys 356, 370, 479, 743, 1245, 1345, 2036, 2682,
3040,3065,3066,3067,3068,3085,3882, and 4449.
   SEC. 2. The council or the trustee shall notify, within one year after            Notification of
the date of enactment of this Act, all individuals or other legal                    owners.
entities which appear, as of the date of such notice, upon the secured
tax rolls of Calaveras County, California, as the owners of lands
referred to in the first section of this Act, or of interests in such
lands—
       (a) of the conveyance by the United States of its interests in
     such lands under the first section of this Act,
       (b) of the possible defect in the title to such lands or interests
     resulting from such interests of the United States,
       (c) of the possible interests in such lands arising out of the
     mining laws of the United States, and identified pursuant to the
     operation of section 6 of this Act, and
       (d) of the opportunity to remedy such defect under this Act.
  SEC. 3. The conveyance referred to in the first section of this Act                Conveyance
shall be made without consideration, but shall be made upon the                      conditions.
following conditions:

95 STAT. 974 PUBLIC LAW 97-55—OCT. 6, 1981 (a) The council or the trustee shall convey, at any time after two years from enactment of this Act, the interests conveyed to it under the first section of this Act to individuals or other legal entities— (1) which have submitted to the council or the trustee an application for such interests, and (2) which appear, or which are the heirs, successors, or assignees of individuals or other legal entities which appear upon the secured tax rolls of Calaveras County, California, as of July 1,1978, as the owners of the lands or interests with respect to which such application was submitted. (b) The conveyed property shall remain subject to all encum- brances, if any, existing on the date of enactment of this Act, including easements, servitudes, leases, and rights-of-way, except those encumbrances that are related to interests in mining claims which may be extinguished pursuant to sections 6 and 7 of this Act. (c) Conveyance of the conveyed property shall be conditioned upon and subject to the right of mining claimants whose rights and interests were initiated pursuant to the mining laws prior to entry and patent under the Townsite Act (43 U.S.C. 711 et seq. (repealed)), and who initiate patent procedures pursuant to section 6 of this Act which result in the issuance of a patent under the mining laws. ^°^*^- SEC. 4. Any administrative or recording costs incurred with respect to any conveyance made by the council or the trustee under section 3 of this Act shall be borne by the party to whom such conveyance is made. SEC. 5. Any of the interests conveyed under the first section of this Act which do not appear on the secured tax rolls of Calaveras County, California, as of July 1,1978, shall be conveyed to the council, if held by the trustee, and held or disposed of by the council for the benefit of the City of Angels, California. Unpatented SEC. 6. (a) Any unpatented mining claim located within those lands mining claims. described in the first section of this Act recorded pursuant to the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701), for which the claimant has not made application for patent within two years after the date of the enactment of this Act shall be conclusively deemed to be abandoned and shall be void and all interests in such claim shall be deemed to have reverted to the United States for the purpose of this Act: Provided, however. That upon a showing that a mineral survey cannot be completed within said two- year period, the filing of an application for a mineral survey, which states on its face that it was filed for the purpose of proceeding to patent, shall be acceptable for the patent application purpose of this section if all other applicable requirements under the general mining laws and other laws have been met and if the applicant subsequently prosecutes diligently to completion his application for patent. (b) Final rejection of any patent application filed under section 6 of this Act shall cause to lapse and be void the condition imposed by section 3(c) of this Act in the grant to any person receiving convey- ance of lands embracing all or part of the mining claim which was the subject of the rejected patent application. SEC. 7. For the purposes of tnis Act, any unpatented mining claim located within those lands described in the first section of this Act which on the date of enactment of this Act was not recorded pursuant to section 314 of the Federal Land Policy and Management Act of 43 use 1744. 1976, or which is not maintained by the annual filings required by
PUBLIC LAW 97-55—OCT. 6, 1981 95 STAT. 975 section 314 of said Act, shall be conclusively deemed abandoned and ^^ ^^^ ^'^'^^• shall be void, in accordance with the provisions of section 314 of said Act, and all interests in such claim shall be deemed to have reverted to the United States upon such failure to record or annually file. SEC. 8. The trustee designated by the council pursuant to section 1 Trustee of this Act shall be an individual, residing in Calaveras County, appointment. California, capable under the laws of that State to act in the capacity of trustee. Approved October 6, 1981. LEGISLATIVE HISTORY—H.R. 618: HOUSE REPORT No. 97-13 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-185 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 127 (1981): Apr. 6, considered and passed House. Sept. 22, considered and passed Senate.