[Congressional Record Volume 148, Number 127 (Wednesday, October 2, 2002)]
[Extensions of Remarks]
[Page E1725]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               H.R. 4874

                                 ______
                                 

                  HON. C.L. “BUTCH” OTTER

                                of idaho

                    in the house of representatives

                        Tuesday, October 1, 2002

  Mr. OTTER. Mr. Speaker, I introduced H.R. 4874 to correct 122-year-
old survey errors along Spirit Lake and Twin Lakes in northern Idaho. 
The bill requires the Bureau of Land Management to conduct a new survey 
of the lakes to correct errors identified in the original 1880 survey 
and directs the Secretary of the Interior to disclaim any Federal 
interest in lands.
  For over one hundred years, individuals have owned land around the 
beautiful lakes located in Idaho's Kootenai County. However, ownership 
now is in question for more than 400 people who bought the land and pay 
taxes on the property. H.R. 4874 will correct that problem.
  In 1880 John B. David, a surveyor under contract with the General 
Land Office, grossly misrepresented portions of the actual lakeshore 
around Spirit Lake and Twin Lakes. In some places the meander lines 
along the shore are up to a mile and a half away from their actual 
location. No one noticed the inaccurate survey when the land was 
originally patented, and no one caught the mistake over the years as 
the land changed hands. In the meantime, the shorelines of these 
popular lakes have become heavily developed.
  It was not until recently that Kootenai County Surveyor discovered 
the problem. County officials have expressed concern over their 
inability to approve and regulate new developments, surveys, and 
permits due to the inaccuracy of the original government survey. The 
problem will only worsen as the lakes become more developed.
  Under current law, the Bureau of Land Management is required to 
conduct a resurvey of the actual meander of the lakes. The lands 
between the old incorrect meander line and the new meander line would 
become omitted land and would revert to federal ownership. Property 
owners would be required to repurchase, at fair market value, the land 
they believed they owned for over 100 years, as well as pay for survey 
and administrative costs. That is simply not fair. These individuals 
bought the land in good faith and the government should not be allowed 
to take it from them simply because of a survey error over 120 years 
ago.
  My legislation corrects the problem by creating a solution that 
retains the correct ownership situation without placing the expense of 
correcting it on the affected property owners. H.R. 4874 allows BLM to 
issue a “disclaimer of interest” in the affected lands so 
title companies and Kootenai County can proceed with ownership related 
matters surrounding clear title. The legislation also authorizes the 
necessary funding for BLM to conduct a new survey and perform the 
required administrative procedures.
  Most of the property owners involved in this situation have a chain 
of title that goes back over 100 years. H.R. 4874 is really the only 
acceptable solution to the problem. I look forward to passage of this 
legislation into law.

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