I 

108TH CONGRESS 

1ST SESSION H. R. 2304

To resolve boundary conflicts in the vicinity of the Mark Twain National 

Forest in Barry and Stone Counties, Missouri, that resulted from private 

landowner reliance on a subsequent Federal survey, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 3, 2003

Mr. BLUNT introduced the following bill; which was referred to the Committee 

on Agriculture, and in addition to the Committee on Transportation and 

Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To resolve boundary conflicts in the vicinity of the Mark 

Twain National Forest in Barry and Stone Counties, 

Missouri, that resulted from private landowner reliance 

on a subsequent Federal survey, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FINDINGS AND PURPOSE. 

4 (a) FINDINGS.—Congress finds the following: 

5 (1) Certain landowners in Barry and Stone 

6 Counties, Missouri, innocently and in good faith re-
2

•HR 2304 IH 

1 lied on subsequent land surveys, which they believed 

2 to be correct, and occupied, improved, or claimed 

3 portions of adjoining Federal lands based on such 

4 survey information; and 

5 (2) the appropriate Federal agencies should un6 dertake actions to correctly reestablish the corners 

7 of the Public Land Survey System in Barry and 

8 Stone Counties, Missouri, and rectify boundary con9 flicts and landownership claims against Federal 

10 lands resulting from subsequent land surveys, and 

11 do so in a manner which imposes the least cost and 

12 inconvenience to affected private landowners. 

13 (b) PURPOSES.—The purposes of this Act are—

14 (1) to resolve boundary conflicts in Barry and 

15 Stone Counties, Missouri, arising from subsequent 

16 land surveys; and 

17 (2) to minimize costs and inconvenience to the 

18 affected private property owners in Barry and Stone 

19 Counties, Missouri. 

20 SEC. 2. RESOLUTION OF BOUNDARY CONFLICTS, VICINITY 

21 OF MARK TWAIN NATIONAL FOREST, BARRY 

22 AND STONE COUNTIES, MISSOURI. 

23 (a) DEFINITIONS.—In this section: 
3

•HR 2304 IH 

1 (1) The term ‘‘appropriate Secretary’’ means 

2 the Secretary of the Army or the Secretary of Agri3 culture. 

4 (2) The term ‘‘boundary conflict’’ means the 

5 situation in which the private claim of ownership to 

6 certain lands, based on subsequent land surveys, 

7 overlaps or conflicts with Federal ownership of the 

8 same lands. 

9 (3) The term ‘‘Federal land surveys’’ means 

10 any land survey made by any agency or department 

11 of the Federal Government using Federal employees, 

12 or by Federal contract with State-licensed private 

13 land surveyors or corporations and businesses li14 censed to provide professional land surveying serv15 ices in the State of Missouri. 

16 (4) The term ‘‘original land surveys’’ means the 

17 land surveys made by the United States General 

18 Land Office as part of the Public Land Survey Sys19 tem in the State of Missouri, and upon which Gov20 ernment land patents were issued conveying the 

21 land. 

22 (5) The term ‘‘Public Land Survey System’’ 

23 means the rectangular system of original Govern24 ment lands surveys made by the United States Gen25 eral Land Office and its successor, the Bureau of 
4

•HR 2304 IH 

1 Land Management, under Federal laws providing for 

2 the survey of the public lands upon which the origi3 nal land patents were issued. 

4 (6) The term ‘‘qualifying claimant’’ means a 

5 private owner of real property in Barry or Stone 

6 County, Missouri, who has a boundary conflict as a 

7 result of good faith and innocent reliance on subse8 quent land surveys, and as a result of such reliance, 

9 has occupied, improved, or made ownership claims to 

10 Federal lands. 

11 (7) The term ‘‘subsequent land surveys’’ mean 

12 any land surveys made after the original land sur13 veys. 

14 (b) NOTICE OF BOUNDARY CONFLICT.—

15 (1) SUBMISSION AND CONTENTS.—A qualifying 

16 claimant shall notify the appropriate Secretary in 

17 writing of a claim that a boundary conflict exists 

18 with Federal land administered by the appropriate 

19 Secretary. The notice shall be accompanied by the 

20 following information, which, except as provided in 

21 subsection (d)(2)(B), shall be provided without cost 

22 to the United States: 

23 (A) A land survey plat and legal descrip24 tion of the affected Federal lands, which are 

25 based upon a land survey completed and cer-
5

•HR 2304 IH 

1 tified by a Missouri State-licensed professional 

2 land surveyor, and done in conformity with the 

3 Public Land Survey System and in compliance 

4 with the applicable State and Federal land sur5 veying laws. 

6 (B) Information relating to the claim of 

7 ownership of the Federal lands, including sup8 porting documentation showing the landowner 

9 relied on a subsequent land survey due to ac10 tions by the Federal Government in making or 

11 approving surveys for the Table Rock Reservoir. 

12 (2) DEADLINE FOR SUBMISSION.—To obtain re13 lief under this section, a qualifying claimant shall 

14 submit the notice required by paragraph (1) within 

15 15 years after the date of the enactment of this Act. 

16 (3) RESPONSIBILITIES OF CLAIMANTS.—The 

17 qualifying claimant shall have the responsibility for 

18 establishing that the qualifying claimant qualifies for 

19 the remedies provided in subsection (c). 

20 (c) RESOLUTION AUTHORITIES.—The appropriate 

21 Secretary may take any of the following actions, or com22 bination of actions, in order to resolve boundary conflicts 

23 with qualifying claimants involving lands under the admin24 istrative jurisdiction of the appropriate Secretary: 
6

•HR 2304 IH 

1 (1) Convey and quitclaim all right, title, and in2 terest of the United States in land subject to a 

3 boundary conflict. 

4 (2) Confirm Federal title to, and retain in Fed5 eral management, any land subject to a boundary 

6 conflict, if the appropriate Secretary determines 

7 there are Federal interests, including improvements, 

8 authorized uses, easements, hazardous materials, or 

9 historical and cultural resources, on the land that 

10 necessitates retention of the land. 

11 (3) Compensate the qualifying claimant for the 

12 value of the overlapping property for which title is 

13 confirmed and retained in Federal management pur14 suant to paragraph (3). 

15 (d) CONSIDERATION AND COST.—

16 (1) CONVEYANCE WITHOUT CONSIDERATION.—

17 The conveyance of land under subsection (c)(1) shall 

18 be made without consideration if the appropriate 

19 Secretary determines that the boundary conflict was 

20 the result of the innocent detrimental reliance by the 

21 qualifying claimant on a subsequent land survey. 

22 (2) COSTS.—The appropriate Secretary shall—

23 (A) pay administrative, personnel, and any 

24 other costs associated with the implementation 

25 of this section, including the costs of survey, 
7

•HR 2304 IH 

1 marking, and monumenting property lines and 

2 corners; and 

3 (B) reimburse the qualifying claimant for 

4 reasonable out-of-pocket survey costs necessary 

5 to establish a claim under this section. 

6 (3) VALUATION.—Compensation paid to a 

7 qualifying claimant pursuant to subsection (c)(3) for 

8 land retained in Federal ownership pursuant to sub9 section (c)(2) shall be valued on the basis of the con10 tributory value of the tract of land to the larger ad11 joining private parcel and not on the basis of the 

12 land being a separate tract. The appropriate Sec13 retary shall not consider the value of any Federal 

14 improvements to the land. 

15 (e) PREEXISTING CONDITIONS; RESERVATIONS; EX16 ISTING RIGHTS AND USES.—

17 (1) PREEXISTING CONDITIONS.—The appro18 priate Secretary shall not compensate a qualifying 

19 claimant or any other person for any preexisting 

20 condition or reduction in value of any land subject 

21 to a boundary conflict because of any existing or 

22 outstanding permits, use authorizations, reserva23 tions, timber removal, or other land use or condition. 
8

•HR 2304 IH 

1 (2) EXISTING RESERVATIONS AND RIGHTS AND

2 USES.—Any conveyance pursuant to subsection 

3 (c)(1) shall be subject to—

4 (A) reservations for existing public uses for 

5 roads, utilities, and facilities; 

6 (B) permits, rights-of-way, contracts and 

7 any other authorization to use the property; 

8 and 

9 (3) TREATMENT OF LAND SUBJECT TO SPECIAL

10 USE AUTHORIZATION OR PERMIT.—For any land 

11 subject to a special use authorization or permit for 

12 access or utilities, the appropriate Secretary may 

13 convert, at the request of the holder, such authoriza14 tion to a permanent easement prior to any convey15 ance pursuant to subsection (c)(1). 

16 (4) FUTURE RESERVATIONS.—The appropriate 

17 Secretary may reserve rights for future public uses 

18 in a conveyance made pursuant to subsection (c)(1) 

19 if the qualifying claimant is compensated for the res20 ervation in cash or in land of equal value. 

21 (f) RELATION TO OTHER LAWS.—

22 (1) IN GENERAL.—The appropriate Secretary 

23 may make conveyances under subsection (c)(1) not24 withstanding any other provision of law, and without 

25 regard to requirements for further administrative or 
9

•HR 2304 IH 

1 environmental analyses or examination. The require2 ments of section 120(h) of the Comprehensive Envi3 ronmental Response, Compensation, and Liability 

4 Act of 1980 (42 U.S.C. 9620(h)) shall not apply to 

5 conveyances under subsection (c), but the United 

6 States shall continue to be liable for the cleanup 

7 costs of any hazardous substances on the lands so 

8 conveyed if the contamination by hazardous sub9 stances is caused by actions of the United States or 

10 its agents. 

11 (2) RELATION TO OTHER CONVEYANCE AU12 THORITY.—Except as provided in paragraph (1), 

13 nothing in this section affects the Quiet Title Act 

14 (28 U.S.C. 2409a) or other applicable law, or affect 

15 the exchange and disposal authorities of the Sec16 retary of Agriculture, including the Small Tracts Act 

17 (16 U.S.C. 521c), or the exchange and disposal au18 thorities of the Secretary of the Army.

Æ