[Congressional Record Volume 150, Number 71 (Wednesday, May 19, 2004)]
[Senate]
[Pages S5842-S5844]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        BOUNDARY CONFLICTS IN BARRY AND STONE COUNTIES, MISSOURI

  The Senate proceeded to consider the bill (S. 1167) to resolve the 
boundary conflicts in Barry and Stone Counties in the State of 
Missouri, which had been reported from the Committee on Energy and 
Natural Resources, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:
  (Strike the part shown in black brackets and insert the part shown in 
italic.)

                                S. 1167

       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 and declares that--
       [(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
       [(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.
       [(b) Purposes.--Within Barry and Stone Counties, Missouri, 
     the purposes of this Act are--
       [(1) to resolve any boundary disputes arising from these 
     subsequent land surveys; and
       [(2) to minimize costs and inconvenience to the affected 
     private property owners in Barry and Stone County, Missouri.

     [SEC. 2. DEFINITIONS.

       [For the purposes of this Act, the term--
       [(1) ``appropriate Secretary'' means either the Secretary 
     of the Army or the Secretary of Agriculture;
       [(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;
       [(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.
       [(4) ``Corps of Engineers'' means the U.S. Army Corps of 
     Engineers;
       [(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;
       [(6) ``Forest Service'' means the Forest Service, an agency 
     of the U.S. Department of Agriculture;
       [(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));
       [(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;
       [(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;
       [(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
       [(11) ``subsequent land surveys'' mean any land surveys 
     made after the original land surveys.

     [SEC. 3. RESOLUTION OF BOUNDARY CONFLICTS.

       [(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--
       [(1) to convey and quitclaim all right, title, and interest 
     of the United States in land for which there is a boundary 
     conflict; or
       [(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
       [(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.
       [(b) Consideration and Costs.--The Appropriate Secretary 
     shall--
       [(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;
       [(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
       [(3) reimburse the qualifying claimant for reasonable out-
     of-pocket survey costs necessary to establish a claim under 
     this Act.
       [(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.
       [(d) Preexisting Condition.--
       [(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.
       [(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.
       [(e) Reservations, Valid Existing Rights and Uses.--
       [(1) Any conveyance pursuant to subsection (a)(1) shall be 
     subject to--

[[Page S5843]]

       [(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; and
       [(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
       [(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.
       [(f) Responsibilities of Claimants.--The qualifying 
     claimant shall have the responsibility for establishing that 
     they qualify for the remedies allowed under this Act.

     [SEC. 4. ADMINISTRATIVE PROCEDURE.

       [(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--
       [(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
       [(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
       [(b) Any qualifying claimant must file for resolution of a 
     boundary conflict within 15 years of the date of enactment of 
     this Act.
       [(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.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       [There are authorized to be appropriated such sums as 
     necessary to carry out this Act.]

     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.

  The committee amendment in the nature of a substitute was agreed to.

[[Page S5844]]

  The bill (S. 1167), as amended, was passed.

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