IIA

104TH CONGRESS

2D SESSION H. R. 2135

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 5, 1996

Received; read twice and referred to the Committee on Energy and Natural

Resources

AN ACT

To provide for the relief of certain persons in Clark County,

Nevada, who purchased lands in good faith reliance on

existing private land surveys.

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.

4 The Congress finds and declares that:
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1 (1) Certain landowners in the (North) Decatur

2 Boulevard area of Las Vegas and North Las Vegas,

3 Clark County, Nevada, who own property adjacent

4 to lands managed by the Bureau of Land Manage5 ment have been adversely affected by certain erro6 neous private surveys.

7 (2) These landowners have occupied or im8 proved their property in good faith and in reliance

9 on erroneous surveys of their properties that they

10 believed were accurate.

11 (3) These landowners presumed their occupancy

12 was codified through an Eighth Judicial District

13 Court (Nevada) Judgment and Decree filed October

14 26, 1989, as a ‘‘friendly lawsuit’’ affecting numerous

15 landowners in the (North) Decatur Boulevard area.

16 (4) The 1990 Bureau of Land Management de17 pendent resurvey and section subdivision of sections

18 6, 7, 18, and 19, T. 19 S., R. 61 E., Mount Diablo

19 Meridian, Nevada, correctly established accurate

20 boundaries between such public lands and private

21 lands.

22 (5) The Bureau of Land Management has the

23 authority to sell public lands which are affected as

24 a result of erroneous private survey and encroach25 ments existing as of the date of this Act as it affects
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1 T. 19 S., R. 61 E., sections 18 and 19, and T. 19

2 S. R. 60 E., section 13 and 24, if encroachments

3 based on the same erroneous private survey are

4 identified, in accordance with this Act.

5 SEC. 2. CONVEYANCE OF LANDS.

6 (a) CLAIMS.—Within one year after the date of the

7 enactment of this Act, the city of Las Vegas on behalf

8 of the owners of real property, located adjacent to the

9 lands described in subsection (b), may submit to the Sec10 retary of the Interior (hereafter in this Act referred to

11 as the ‘‘Secretary’’) in writing a claim to the lands de12 scribed in subsection (b). The claim submitted to the Sec13 retary shall be accompanied by—

14 (1) a description of the lands claimed;

15 (2) information relating to the claim of owner16 ship of such lands; and

17 (3) such other information as the Secretary

18 may require.

19 (b) LANDS DESCRIBED.—The lands described in this

20 subsection are those Federal lands located in the Bureau

21 of Land Management Las Vegas District, Clark County,

22 Nevada, in sections 18 and 19, T. 19 S., R. 61 E., Mount

23 Diablo Meridian, as described by the dependent resurvey

24 by the Bureau of Land Management accepted May 4,

25 1990, under Group No. 683, Nevada, and subsequent sup-
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1 plemental plats of sections 18 and 19, T. 19 S., R. 61

2 E., Mount Diablo Meridian, as contained on plats accepted

3 November 17, 1992. Such lands are described as (1) gov4 ernment lots 22, 23, 26, and 27 in said section 18; and

5 (2) government lots 20, 21, and 24 in said section 19,

6 containing 29.36 acres, more or less.

7 (c) CONVEYANCE.—The Secretary shall convey all

8 right, title, and interest of the United States in and to

9 the public lands described in subsection (b) to the city of

10 Las Vegas, Clark County, Nevada, upon payment by the

11 city of fair market value based on a Bureau of Land Man12 agement approved appraised market value of the lands as

13 of December 1, 1982, and on the condition that the city

14 convey the effected lands to the land owners referred to

15 in subsection (a).

Passed the House of Representatives September 4,

1996.

Attest: ROBIN H. CARLE,

Clerk.