S 404

112th CONGRESS
1st Session

S. 404

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

IN THE SENATE OF THE UNITED STATES

February 17, 2011

Mr. LEVIN introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources


A BILL

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

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 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.

SEC. 2. MODIFICATION OF LAND GRANT PATENT ISSUED BY SECRETARY OF THE INTERIOR.

    (a) In General- 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 for a gift shop' and inserting `Human Use/Natural Resource Plan for Whitefish Point, dated December 2002'.

    (b) Effect- Each other term of the conveyance relating to the property that is the subject of United States Patent Number 61-2000-0007, including each obligation to maintain the property in accordance with the National Historic Preservation Act (16 U.S.C. 470 et seq.) and any other appropriate law (including regulations), and the obligation to use the property in a manner that does not impair or interfere with the conservation values of the property, shall remain in effect.

SEC. 3. EFFECTIVE DATE.

    (a) In General- The modification of United States Patent Number 61-2000-0007 in accordance with section 2 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.

END