[Congressional Record Volume 148, Number 72 (Wednesday, June 5, 2002)]
[Senate]
[Pages S5050-S5051]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CRAIG (for himself and Mr. CRAPO):
  S. 2585. A bill to direct the Secretary of the Interior to disclaim 
any Federal interest in lands adjacent to Spirit Lake and Twin Lakes in 
the State of Idaho resulting from possible omission of lands from an 
1880 survey; to the Committee on Energy and Natural Resources.
  Mr. CRAIG. Mr. President, today I introduce this bill, Spirit Lake 
and Twin Lakes Omitted Lands Act of 2002 to help resolve a land 
ownership problem that affects over 400 private property owners and 
homeowners located around Spirit Lake and Twin Lakes in Kootenai 
County, ID.
  In 1880, a public land survey prepared under contract with the 
General Land Office, grossly misrepresented portions of the actual 
lakeshore of the two lakes. The surveys show the meander lines along 
the lakes up to one-half mile away from their actual location. The 
errors were not discovered until recently. Over the years, the 
shorelines of these popular lakes have become heavily developed and 
property owners have purchased their property and held it in good faith 
ownership. Most of the property owners affected by this situation have 
a chain of title that goes back over 100 years. Due to the inaccuracy 
of the original government survey, county officials have expressed 
concern regarding their inability to approve and regulate new 
developments, surveys, permits, etc. The Bureau of Land Management, the 
responsible Federal agency, has determined that it has no interest in 
the affected land and wishes only to remove the cloud on the titles.
  Under current federal law the Bureau of Land Management (BLM) would 
be required to conduct a resurvey to properly describe the land. Much 
of this land would then become ``omitted land'' and would revert to 
federal ownership. Landowners who already paid fair market value for 
the land would then have to re-purchase it, along with paying a $50 
application fee, and paying for the appraisal, survey, and conveyance 
costs.
  Obviously, this is not an acceptable solution and does not provide 
the most equitable benefit to the public, so Senator Crapo and I are 
introducing this legislation. A companion bill is being offered in the 
House of Representatives by Mr. Otter. This legislation will authorize 
funds for the BLM to resurvey the land and direct the BLM to issue 
disclaimers of interest to all of the affected property owners. This is 
the only acceptable solution and one that keeps the landowners whole.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2585

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

     SECTION 1. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds the following:
       (1) The meander lines in the original surveys by John B. 
     David, deputy surveyor, of two lakes in the State of Idaho, 
     Spirit Lake, formerly known as Lake Tesemini, located in T. 
     53 N., R. 4 W., Boise Meridian, and Twin Lakes, formerly 
     known as Fish Lake, located in T. 52 N. and T. 53 N., R. 4 
     W., Boise Meridian, do not reflect the current line of 
     ordinary high water conditions.
       (2) All lands adjacent to the original meander lines have 
     been patented.
       (b) Purpose.--The purpose of this Act is to direct the 
     Secretary of the Interior to issue a recordable disclaimer of 
     interest by the

[[Page S5051]]

     United States to any omitted lands or lands lying outside the 
     record meander lines in the vicinity of the lakes referred to 
     in subsection (a).

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Recordable disclaimer of interest.--The term 
     ``recordable disclaimer of interest'' means a document 
     recorded in the county clerk's office or other such local 
     office where real property documents are recorded, in which 
     the United States disclaims any right, title, or interest to 
     those lands found lying outside the recorded meander lines of 
     the lakes referred to in section 1(a)(1), including omitted 
     lands, if any.
       (2) Omitted lands.--The term ``omitted lands'' means those 
     lands that were in place on the date of the original surveys 
     referred to in section 1(a)(1) but were not included in the 
     survey of the township and the meander lines of the water 
     body due to gross error or fraud by the original surveyor.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 3. SURVEYS.

       The Secretary shall--
       (1) conduct a survey investigation of the conditions along 
     the lakeshores of Spirit Lake and Twin Lakes in the townships 
     referenced in section 1(a); and
       (2) after the completion of the survey investigation, 
     resurvey the original meander lines along the lakeshores, 
     using the results of the survey investigation.

      SEC. 4. DISCLAIMER OF INTEREST IN LANDS ADJACENT TO SPIRIT 
                   LAKE AND TWIN LAKES, IDAHO.

       Upon acceptance and approval of the surveys under section 3 
     by the Secretary, the Secretary shall--
       (1) prepare a recordable disclaimer of interest with land 
     descriptions, using the lot or tract numbers of the omitted 
     lands, if any, and lands lying outside the record meander 
     lines, as shown on the survey plats; and
       (2) record such recordable disclaimer of interest 
     simultaneously with the filing of the surveys.

      SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to the Secretary 
     $400,000 to carry out this Act. Funds appropriated to carry 
     out the purposes of this Act may be available without fiscal 
     year limitation.
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