[Congressional Record Volume 148, Number 126 (Tuesday, October 1, 2002)]
[House]
[Pages H6876-H6877]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




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

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4874) 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.
  The Clerk read as follows:

                               H.R. 4874

       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 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

[[Page H6877]]

       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Hansen) and the gentlewoman from the Virgin Islands (Mrs. 
Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from Utah (Mr. Hansen).
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 4874, introduced by our colleague on the Committee 
on Resources, the gentleman from Idaho (Mr. Otter), would direct the 
Secretary of the Interior to disclaim any Federal interests in lands 
adjacent to Spirit Lake and Twin Lakes in the State of Idaho resulting 
from faulty Federal surveys conducted in the 1880s.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mrs. CHRISTENSEN asked and was given permission to revise and extend 
her remarks.)
  Mrs. CHRISTENSEN. Mr. Speaker, the correction of the survey errors 
are long overdue. We support H.R. 4874.
  Mr. Speaker, I yield back the balance of my time.
  Mr. HANSEN. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Hansen) that the House suspend the rules and 
pass the bill, H.R. 4874.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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