[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1167 Reported in Senate (RS)]

                                                       Calendar No. 444
108th CONGRESS
  2d Session
                                S. 1167

                          [Report No. 108-234]

To resolve boundary conflicts in Barry and Stone Counties in the State 
                              of Missouri.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 2, 2003

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

                             March 9, 2004

  Reported by Mr. Domenici, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To resolve boundary conflicts in Barry and Stone Counties in the State 
                              of Missouri.

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

<DELETED>SECTION 1. FINDINGS AND PURPOSE.</DELETED>

<DELETED>    (a) Findings.--The Congress finds and declares that--
</DELETED>
        <DELETED>    (1) certain landowners in Barry and Stone 
        Counties, Missouri, have innocently and in good faith relied on 
        subsequent land surveys, which they believed to have been 
        correct, and have occupied, improved, or claimed portions of 
        adjoining Federal lands based on such survey information; 
        and</DELETED>
        <DELETED>    (2) the appropriate Federal agencies should 
        undertake actions to reestablish the corners of the Public Land 
        Survey system, and to rectify boundary conflicts and 
        landownership claims against Federal lands resulting from 
        subsequent Federal and private land surveys, and do so in a 
        manner which imposes the least cost and inconvenience to 
        affected private landowners.</DELETED>
<DELETED>    (b) Purposes.--Within Barry and Stone Counties, Missouri, 
the purposes of this Act are--</DELETED>
        <DELETED>    (1) to resolve any boundary disputes arising from 
        these subsequent land surveys; and</DELETED>
        <DELETED>    (2) to minimize costs and inconvenience to the 
        affected private property owners in Barry and Stone County, 
        Missouri.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    For the purposes of this Act, the term--</DELETED>
        <DELETED>    (1) ``appropriate Secretary'' means either the 
        Secretary of the Army or the Secretary of 
        Agriculture;</DELETED>
        <DELETED>    (2) ``boundary conflict'' means the situation 
        where the private claim of ownership for non-Federal lands, 
        based on subsequent land surveys, overlaps or conflicts with 
        Federal ownership;</DELETED>
        <DELETED>    (3) ``Bureau of Land Management'' means the agency 
        of that name within the United States Department of the 
        Interior, the successor agency to the United States General 
        Land Office.</DELETED>
        <DELETED>    (4) ``Corps of Engineers'' means the U.S. Army 
        Corps of Engineers;</DELETED>
        <DELETED>    (5) ``Federal land surveys'' means any land survey 
        made by an agency or department of the Federal Government with 
        Federal employees, or by Federal contract with State licensed 
        private land surveyors or corporations and businesses licensed 
        to provide professional land surveying services in the State of 
        Missouri;</DELETED>
        <DELETED>    (6) ``Forest Service'' means the Forest Service, 
        an agency of the U.S. Department of Agriculture;</DELETED>
        <DELETED>    (7) ``National Forest System lands'' means Federal 
        lands within the National Forest System as such System is 
        defined by section 10(a) of the Forest and Rangeland Renewable 
        Resources Planning Act of 1974, as amended (16 U.S.C. 
        1609(a));</DELETED>
        <DELETED>    (8) ``original land surveys'' means the land 
        surveys made by the General Land Office as part of the United 
        States Public Land Survey System in the State of Missouri, and 
        upon which the Government land patents were issued conveying 
        the land from the Federal Government into private 
        ownership;</DELETED>
        <DELETED>    (9) ``United States Public Land Survey System'' 
        means the rectangular system of original Government lands 
        survey made by the United States General Land Office and its 
        successor, the Bureau of Land Management, under Federal laws 
        providing for the survey of the public lands upon which the 
        original land patents were issued;</DELETED>
        <DELETED>    (10) ``qualifying claimant'' means a private owner 
        of real property in Barry and Stone Counties, Missouri, who has 
        boundary conflict as a result of good faith and innocent 
        reliance on subsequent land surveys, and as a result of such 
        reliance, has occupied, improved, or made ownership claims to 
        Federal lands, and who files a claim for relief under this Act 
        within the time period prescribed in section 4(b); 
        and</DELETED>
        <DELETED>    (11) ``subsequent land surveys'' mean any land 
        surveys made after the original land surveys.</DELETED>

<DELETED>SEC. 3. RESOLUTION OF BOUNDARY CONFLICTS.</DELETED>

<DELETED>    (a) Authorities.--Notwithstanding any other provision of 
law, including the Federal Property Administration Services Act of 
1949, and without requirements for further administrative or 
environmental analyses or examination, the appropriate Secretary is 
authorized discretion to take any of the following actions, or 
combinations of actions, in order to resolve boundary conflicts with 
qualifying claimants on lands under their respective administrative 
jurisdiction--</DELETED>
        <DELETED>    (1) to convey and quitclaim all right, title, and 
        interest of the United States in land for which there is a 
        boundary conflict; or</DELETED>
        <DELETED>    (2) to confirm Federal title to and retain in 
        Federal management any land for which there is a boundary 
        conflict where there are Federal interests which may include 
        improvements, authorized uses, easements, hazardous materials, 
        historical and cultural resources; and</DELETED>
        <DELETED>    (3) to compensate the qualifying claimant for the 
        value of the overlapping property for which title is confirmed 
        and retained in Federal management pursuant to paragraph (2) of 
        this subsection.</DELETED>
<DELETED>    (b) Consideration and Costs.-- The Appropriate Secretary 
shall--</DELETED>
        <DELETED>    (1) waive consideration for the value of the 
        Federal land conveyed and quitclaimed pursuant to subsection 
        (a)(1) upon a finding that the boundary conflict was the result 
        of the innocent detrimental reliance by the qualifying claimant 
        on a subsequent land survey;</DELETED>
        <DELETED>    (2) pay administrative, personnel and any other 
        costs associated with the implementation of this Act, including 
        the costs of survey, marking and monumenting property lines and 
        corners; and</DELETED>
        <DELETED>    (3) reimburse the qualifying claimant for 
        reasonable out-of-pocket survey costs necessary to establish a 
claim under this Act.</DELETED>
<DELETED>    (c) Valuation.--Compensation paid to qualifying claimants 
for land retained in Federal ownership pursuant to subsection (a)(2) 
shall be valued on the basis of the contributory value of the tract of 
land to the larger adjoining private parcel and not on the basis of the 
land being a separate tract, and shall not include the value of Federal 
improvements to the land.</DELETED>
<DELETED>    (d) Preexisting Condition.--</DELETED>
        <DELETED>    (1) The United States shall not compensate a 
        qualifying claimant or any other person for any preexisting 
        condition or reduction in value of any land which is the 
        subject of a boundary conflict because of any existing or 
        outstanding permits, use authorizations, reservations, timber 
        removal, or other land use or condition.</DELETED>
        <DELETED>    (2) The requirements of section 120(h) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act (42 U.S.C. 9620(h)) shall not apply to 
        conveyances or transfers of jurisdiction under this Act, but 
        the United States shall continue to be liable for the cleanup 
        costs of any hazardous substances on the lands so conveyed or 
        transferred if the contamination by hazardous substances is 
        caused by actions of the United States or its agents.</DELETED>
<DELETED>    (e) Reservations, Valid Existing Rights and Uses.--
</DELETED>
        <DELETED>    (1) Any conveyance pursuant to subsection (a)(1) 
        shall be subject to--</DELETED>
                <DELETED>    (A) reservations for existing public uses 
                for roads, utilities, and facilities; and</DELETED>
                <DELETED>    (B) permits, rights-of-way, contracts and 
                any other authorization to use the property; 
                and</DELETED>
        <DELETED>    (2) For any land subject to a special use 
        authorization or permit for access or utilities, the 
        appropriate Secretary may, at the request of the holder, 
        convert such authorization to a permanent easement prior to any 
        conveyance pursuant to subsection (a)(1); and</DELETED>
        <DELETED>    (3) The appropriate Secretary may reserve rights 
        for future public uses in conveyances made pursuant to 
        subsection (a)(1) of this section if the qualifying claimant is 
        paid for the reservation in cash or in land of equal 
        value.</DELETED>
<DELETED>    (f) Responsibilities of Claimants.--The qualifying 
claimant shall have the responsibility for establishing that they 
qualify for the remedies allowed under this Act.</DELETED>

<DELETED>SEC. 4. ADMINISTRATIVE PROCEDURE.</DELETED>

<DELETED>    (a) Qualifying claimants shall notify the appropriate 
Secretary in writing of their claims of a boundary conflict with 
adjoining Federal land. Such notification shall be accompanied by the 
following information provided by the qualifying claimant which, except 
as provided in section 3(b)(3), shall be without cost to the United 
States--</DELETED>
        <DELETED>    (1) a land survey plat and legal description of 
        the affected Federal lands claimed which are based upon a 
        correctly made land survey completed and certified by a 
        Missouri State licensed Professional Land Surveyor, and done in 
        conformity with the United States Public Land Survey System and 
        in compliance with the applicable State and Federal land 
        surveying statutes and regulations; and</DELETED>
        <DELETED>    (2) information relating to the claim of ownership 
        of such Federal lands, including supporting documentation 
        showing the landowner relied on a subsequent land survey due to 
        actions by the Federal Government in making or approving 
        surveys for the Table Rock Reservoir; and</DELETED>
<DELETED>    (b) Any qualifying claimant must file for resolution of a 
boundary conflict within 15 years of the date of enactment of this 
Act.</DELETED>
<DELETED>    (c) Except for such additional authorities provided in 
this Act, nothing herein shall affect the Quiet Title Act (28 U.S.C. 
2409a) or other applicable law, or affect the exchange and disposal 
authorities of the Secretary of Agriculture including, but not limited 
to, the Small Tracts Act (16 U.S.C. 521c), or the exchange and disposal 
authorities of the Secretary of the Army.</DELETED>

<DELETED>SEC. 5. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated such sums as 
necessary to carry out this Act.</DELETED>

SECTION 1. RESOLUTION OF BOUNDARY CONFLICTS, VICINITY OF MARK TWAIN 
              NATIONAL FOREST, BARRY AND STONE COUNTIES, MISSOURI.

    (a) Definitions.--In this section:
            (1) The term ``appropriate Secretary'' means the Secretary 
        of the Army or the Secretary of Agriculture.
            (2) The term ``boundary conflict'' means the situation in 
        which the private claim of ownership to certain lands, based on 
        subsequent Federal land surveys, overlaps or conflicts with 
        Federal ownership of the same lands.
            (3) The term ``Federal land surveys'' means any land survey 
        made by any agency or department of the Federal Government 
        using Federal employees, or by Federal contract with State-
        licensed private land surveyors or corporations and businesses 
        licensed to provide professional land surveying services in the 
        State of Missouri for Table Rock Reservoir.
            (4) The term ``original land surveys'' means the land 
        surveys made by the United States General Land Office as part 
        of the Public Land Survey System in the State of Missouri, and 
        upon which Government land patents were issued conveying the 
        land.
            (5) The term ``Public Land Survey System'' means the 
        rectangular system of original Government land surveys made by 
        the United States General Land Office and its successor, the 
        Bureau of Land Management, under Federal laws providing for the 
        survey of the public lands upon which the original land patents 
        were issued.
            (6) The term ``qualifying claimant'' means a private owner 
        of real property in Barry or Stone County, Missouri, who has a 
        boundary conflict as a result of good faith and innocent 
        reliance on subsequent Federal land surveys, and as a result of 
        such reliance, has occupied or improved Federal lands 
        administered by the appropriate Secretary.
            (7) The term ``subsequent Federal land surveys'' means any 
        Federal land surveys made after the original land surveys that 
        are inconsistent with the Public Land Survey System.
    (b) Resolution of Boundary Conflicts.--The Secretary of the Army 
and the Secretary of Agriculture shall cooperatively undertake actions 
to rectify boundary conflicts and landownership claims against Federal 
lands resulting from subsequent Federal land surveys and correctly 
reestablish the corners of the Public Land Survey System in Barry and 
Stone Counties, Missouri, and shall attempt to do so in a manner which 
imposes the least cost and inconvenience to affected private 
landowners.
    (c) Notice of Boundary Conflict.--
            (1) Submission and contents.--A qualifying claimant shall 
        notify the appropriate Secretary in writing of a claim that a 
        boundary conflict exists with Federal land administered by the 
        appropriate Secretary. The notice shall be accompanied by the 
        following information, which, except as provided in subsection 
        (e)(2)(B), shall be provided without cost to the United States:
                    (A) A land survey plat and legal description of the 
                affected Federal lands, which are based upon a land 
                survey completed and certified by a Missouri State-
                licensed professional land surveyor and done in 
                conformity with the Public Land Survey System and in 
                compliance with the applicable State and Federal land 
                surveying laws.
                    (B) Information relating to the claim of ownership 
                of the Federal lands, including supporting 
                documentation showing that the landowner relied on a 
                subsequent Federal land survey due to actions by the 
                Federal Government in making or approving surveys for 
                the Table Rock Reservoir.
            (2) Deadline for submission.--To obtain relief under this 
        section, a qualifying claimant shall submit the notice and 
        information required by paragraph (1) within 15 years after the 
        date of the enactment of this Act.
    (d) Resolution Authorities.--In addition to using existing 
authorities, the appropriate Secretary is authorized to take any of the 
following actions in order to resolve boundary conflicts with 
qualifying claimants involving lands under the administrative 
jurisdiction of the appropriate Secretary:
            (1) Convey by quitclaim deed right, title, and interest in 
        land of the United States subject to a boundary conflict 
        consistent with the rights, title, and interest associated with 
        the privately-owned land from which a qualifying claimant has 
        based a claim.
            (2) Confirm Federal title to, and retain in Federal 
        management, any land subject to a boundary conflict, if the 
        appropriate Secretary determines that there are Federal 
        interests, including improvements, authorized uses, easements, 
        hazardous materials, or historical and cultural resources, on 
        the land that necessitates retention of the land or interests 
        in land.
            (3) Compensate the qualifying claimant for the value of the 
        overlapping property for which title is confirmed and retained 
        in Federal management pursuant to paragraph (2).
    (e) Consideration and Cost.--
            (1) Conveyance without consideration.--The conveyance of 
        land under subsection (d)(1) shall be made without 
        consideration.
            (2) Costs.--The appropriate Secretary shall--
                    (A) pay administrative, personnel, and any other 
                costs associated with the implementation of this 
                section by his or her Department, including the costs 
                of survey, marking, and monumenting property lines and 
                corners; and
                    (B) reimburse the qualifying claimant for 
                reasonable out-of-pocket survey costs necessary to 
                establish a claim under this section.
            (3) Valuation.--Compensation paid to a qualifying claimant 
        pursuant to subsection (d)(3) for land retained in Federal 
        ownership pursuant to subsection (d)(2) shall be valued on the 
        basis of the contributory value of the tract of land to the 
        larger adjoining private parcel and not on the basis of the 
        land being a separate tract. The appropriate Secretary shall 
        not consider the value of any Federal improvements to the land. 
        The appropriate Secretary shall be responsible for compensation 
        provided as a result of subsequent Federal land surveys 
        conducted or commissioned by the appropriate Secretary's 
        Department.
    (f) Preexisting Conditions; Reservations; Existing Rights and 
Uses.--
            (1) Preexisting conditions.--The appropriate Secretary 
        shall not compensate a qualifying claimant or any other person 
        for any preexisting condition or reduction in value of any land 
        subject to a boundary conflict because of any existing or 
        outstanding permits, use authorizations, reservations, timber 
        removal, or other land use or condition.
            (2) Existing reservations and rights and uses.--Any 
        conveyance pursuant to subsection (d)(1) shall be subject to--
                    (A) reservations for existing public uses for 
                roads, utilities, and facilities; and
                    (B) permits, rights-of-way, contracts and any other 
                authorization to use the property.
            (3) Treatment of land subject to special use authorization 
        or permit.--For any land subject to a special use authorization 
        or permit for access or utilities, the appropriate Secretary 
        may convert, at the request of the holder, such authorization 
        to a permanent easement prior to any conveyance pursuant to 
        subsection (d)(1).
            (4) Future reservations.--The appropriate Secretary may 
        reserve rights for future public uses in a conveyance made 
        pursuant to subsection (d)(1) if the qualifying claimant is 
        compensated for the reservation in cash or in land of equal 
        value.
            (5) Hazardous substances.--The requirements of section 
        120(h) of the Comprehensive Environmental Response, 
        Compensation, and Liability Act (42 U.S.C. 9620(h)) shall not 
        apply to conveyances or transfers of jurisdiction pursuant to 
        subsection (d), but the United States shall continue to be 
        liable for the cleanup costs of any hazardous substances on the 
        lands so conveyed or transferred if the contamination by 
        hazardous substances is caused by actions of the United States 
        or its agents.
    (g) Relation to Other Conveyance Authority.--Nothing in this 
section affects the Quiet Title Act (28 U.S.C. 2409a) or other 
applicable law, or affects the exchange and disposal authorities of the 
Secretary of Agriculture, including the Small Tracts Act (16 U.S.C. 
521c), or the exchange and disposal authorities of the Secretary of the 
Army.
    (h) Additional Terms and Conditions.--The appropriate Secretary may 
require such additional terms and conditions in connection with a 
conveyance under subsection (d)(1) as the Secretary considers 
appropriate to protect the interests of the United States.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out the purposes of 
this Act.
            Amend the title so as to read: ``A bill to resolve boundary 
        conflicts in Barry and Stone Counties in the State of 
        Missouri.''.
                                                       Calendar No. 444

108th CONGRESS

  2d Session

                                S. 1167

                          [Report No. 108-234]

_______________________________________________________________________

                                 A BILL

To resolve boundary conflicts in Barry and Stone Counties in the State 
                              of Missouri.

_______________________________________________________________________

                             March 9, 2004

        Reported with an amendment and an amendment to the title