Page:United States Statutes at Large Volume 100 Part 4.djvu/1005

 PUBLIC LAW 99-598—NOV. 4, 1986 Public Law 99-598 99th Congress

100 STAT. 3351

An Act

To amend title 28, United States Code, relating to quiet title actions against the United States, with respect to actions brought by States.

Nov. 4, 1986 [H.R. 2484]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2409a Claims. of title 28, United States Code, is amended— (1) by redesignating subsection (g) as subsection (n); (2) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively; (3) by inserting after subsection Qa) the following new subsection: "(c) No preliminary injunction shall issue in any action brought under this section."; (4) in subsection (g), as redesignated by paragraph (2), by inserting ", except for an action brought by a State," after "this section"; and (5) by inserting after subsection (g), as so redesignated, the following: "(h) No civil action may be maintained under this section by a Defense and State with respect to defense facilities (including land) of the United national States so long as the lands at issue are being used or required by the security. United States for national defense purposes as determined by the head of the Federal agency with jurisdiction over the lands involved, if it is determined that the State action was brought more than twelve years after the State knew or should have known of the claims of the United States. Upon cessation of such use or requirement, the State may dispute title to such lands pursuant to the provisions of this section. The decision of the head of the Federal agency is not subject to judicial review. "(i) Any civil action brought by a State under this section with respect to lands, other than tide or submerged lands, on which the United States or its lessee or right-of-way or easement grantee has made substantial improvements or substantial investments or on which the United States has conducted substantial activities pursuant to a management plan such as range improvement, timber harvest, tree planting, mineral activities, farming, wildlife habitat improvement, or other similar activities, shall be barred unless the action is commenced within twelve years after the date the State received notice of the Federal claims to the lands. "(j) If a final determination in an action brought by a State under this section involving submerged or tide lands on which the United States or its lessee or right-of-way or easement grantee has made substantial improvements or substantial investments is adverse to the United States and it is determined that the State's action was brought more than twelve years after the State received notice of the Federal claim to the lands, the State shall take title to the lands subject to any existing lease, easement, or right-of-way. Any com-

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