S. 1651

A bill to modify a land grant patent issued by the Secretary of the Interior.

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II

Calendar No. 595

111th CONGRESS

2d Session

S. 1651

[Report No. 111–309]

IN THE SENATE OF THE UNITED STATES

September 8, 2009

Mr. Levin (for himself and Ms. Stabenow) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

September 27, 2010

Reported by Mr. Bingaman, with amendments

Omit the part struck through and insert the part printed in italic

A BILL

To modify a land grant patent issued by the Secretary of the Interior.

1.

Findings

Congress finds that—

(1)

pursuant to section 5505 of division A of the Omnibus Consolidated Appropriations Act, 1997 (Public Law 104–208; 110 Stat. 3009–516), the Secretary of the Interior, acting through the Bureau of Land Management, issued to the Great Lakes Shipwreck Historical Society located in Chippewa County of the State of Michigan United States Patent Number 61–98–0040 on September 23, 1998;

(2)

United States Patent Number 61–98–0040 was recorded in the Office of the Register of Deeds of Chippewa County of the State of Michigan, on January 22, 1999, at Liber 757, on pages 115 through 118;

(3)

in order to correct an error in United States Patent Number 61–98–0040, the Secretary issued a corrected patent, United States Patent Number 61–2000–0007, on March 10, 2000;

(4)

after issuance of the corrected United States Patent Number 61–2000–0007, the original United States Patent Number 61–98–0040 was cancelled on the records of the Bureau of Land Management; and

(5)

corrected United States Patent Number 61–2000–0007 should be modified in accordance with this Act—

(A)

to effectuate—

(i)

the Human Use/Natural Resource Plan for Whitefish Point, dated December 2002; and

(ii)

the settlement agreement dated July 16, 2001, filed in Docket Number 2:00–CV–206 in the United States District Court for the Western District of Michigan; and

(B)

to ensure a clear chain of title, recorded in the Office of the Register of Deeds of Chippewa County of the State of Michigan.

2.

Modification of land grant patent issued by Secretary of the Interior

SECTION 1.

Modification of land grant patent issued by Secretary of the Interior

The Secretary of the Interior shall modify the matter under the heading Subject also to the following conditions of paragraph 6 of United States Patent Number 61–2000–0007 by striking “Whitefish Point Comprehensive Plan of October 1992, or a 1992 or for a gift shop” and inserting Human Use/Natural Resource Plan for Whitefish Point, dated December 2002.

32.

Review of modifications and undertakings

(a)

Modifications to Human Use/Natural Resource Plan for Whitefish Point

Each modification to the Human Use/Natural Resource Plan for Whitefish Point, dated December 2002, described in the matter under the heading Subject also to the following conditions of paragraph 6 of United States Patent Number 61–2000–0007 shall be subject to the review process established under—

(1)

section 106 of the National Historic Preservation Act (16 U.S.C. 470f); and

(2)

part 800 of title 36, Code of Federal Regulations.

(b)

Federal or federally assisted undertakings

Each Federal or federally assisted undertaking (as described in section 106 of the National Historic Preservation Act (16 U.S.C. 470f)) proposed to be carried out within the boundaries of the Whitefish Point Light Station shall be subject to the review process established under—

(1)

section 106 of the National Historic Preservation Act (16 U.S.C. 470f); and

(2)

part 800 of title 36, Code of Federal Regulations.

43.

Effective date

(a)

In general

The modification of United States Patent Number 61–2000–0007 in accordance with section 1 shall become effective on the date of the recording of the modification in the Office of the Register of Deeds of Chippewa County of the State of Michigan.

(b)

Endorsement

The Office of the Register of Deeds of Chippewa County of the State of Michigan is requested to endorse on the recorded copy of United States Patent Number 61–2000–0007 the fact that the Patent Number has been modified in accordance with this Act.

September 27, 2010

Reported with amendments