PUBLIC LAW 108–279—JULY 22, 2004

BARRY AND STONE COUNTIES MISSOURI

BOUNDARY CONFLICT RESOLUTION

118 STAT. 872 PUBLIC LAW 108–279—JULY 22, 2004

Public Law 108–279

108th Congress

An Act

To resolve boundary conflicts in Barry and Stone Counties in the State of Missouri.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

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 Statelicensed 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

July 22, 2004

[S. 1167]

PUBLIC LAW 108–279—JULY 22, 2004 118 STAT. 873

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

118 STAT. 874 PUBLIC LAW 108–279—JULY 22, 2004

(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.

PUBLIC LAW 108–279—JULY 22, 2004 118 STAT. 875

LEGISLATIVE HISTORY—S. 1167:

SENATE REPORTS: No. 108–234 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 150 (2004):

May 19, considered and passed Senate.

July 12, considered and passed House.

Æ

(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as are necessary to carry out the

purposes of this Act.

Approved July 22, 2004.