I

104TH CONGRESS

1ST SESSION H. R. 2438

To provide for the conveyance of lands to certain individuals in Gunnison

County, Colorado, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 29, 1995

Mr. MCINNIS introduced the following bill; which was referred to the

Committee on Resources

A BILL

To provide for the conveyance of lands to certain individuals

in Gunnison County, Colorado, 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.—The Congress finds and declares

5 that—

6 (1) certain landowners in Gunnison County,

7 Colorado, who own property adjacent to the Raggeds

8 Wilderness Area, White River National Forest;

9 (2) these landowners have occupied or improved

10 their property in good faith and in reliance on the
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1 erroneous surveys of their properties that they be2 lieved were accurate; and

3 (3) the 1993 Forest Service resurvey of the

4 Raggeds Wilderness Area, White River National

5 Forest, correctly established accurate boundaries be6 tween such forest and private lands.

7 (b) PURPOSE.—It is the purpose of this Act to au8 thorize and direct the Secretary of Agriculture to convey,

9 without consideration, certain lands in Gunnison County,

10 Colorado, to landowners determined by the Secretary to

11 have been adversely affected by the erroneous private land

12 surveys.

13 SEC. 2. DEFINITIONS.

14 For the purposes of this Act—

15 (1) the term ‘‘affected lands’’ means those Fed16 eral lands located in the Raggeds Wilderness Area,

17 White River National Forest in Gunnison County,

Colorado, situated in the SW1⁄4 of the NE1 18 ⁄4 of Sec19 tion 28, Township 11 South, Range 88 West of the

20 6th Principal Meridian described as follows:

21 Beginning at the Northeast One-Sixteenth

22 section corner of said Section 28 monumented

23 with an aluminum cap on pipe, thence N. 89°

24 59′ W. along the latitudinal center line of the

25 Northeast Quarter of Section 28 a distance of
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1 75 feet; thence S. 0° 46′ E. a distance of 500

2 feet more or less to a point on the extension of

3 the south line of Lot 1, Crystal Meadows Sub4 division; thence S. 89° 59′ E. 75 feet to the

5 intersection of the longitudinal centerline of the

Northeast 1 6 ⁄4 of Section 28 with the south line

7 of said Lot 1 of the subdivision; thence N. 0°

8 46′ W. 500 feet more or less to the Northeast

9 One-Sixteenth section corner of Section 28,

10 being the point of beginning, containing 0.86

11 acres, more or less;

12 (2) the term ‘‘affected landowner’’ means an

13 owner of real property in Gunnison County, Colo14 rado, whose real property adjoins the White River

15 National Forest lands described in subsection 2(a),

16 who claims to have been deprived by the United

17 States of title to property as a result of previous er18 roneous surveys which were not performed by the

19 United States; and

20 (3) the term ‘‘Secretary’’ means the Secretary

21 of Agriculture.

22 SEC. 3. CONVEYANCE OF LANDS.

23 Notwithstanding any other provision of law, the Sec24 retary is authorized and directed to convey, without con25 sideration, all right, title, and interest of the United States
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1 in and to affected lands as described in section 2(a), to

2 any affected landowner pursuant to the provisions of sec3 tion 4.

4 SEC. 4. TERMS AND CONDITIONS OF CONVEYANCE.

5 (a) NOTIFICATION.—Not later than three years after

6 the date of enactment of this Act, affected landowners

7 shall notify the Secretary, through the Forest Supervisor

8 of the White River National Forest, in writing, of any

9 claim to affected lands. Such claim shall be accompanied

10 by—

11 (1) a description of the affected lands claimed;

12 (2) information relating to the claim of owner13 ship of such lands; and

14 (3) such other information as the Secretary

15 may require.

16 (b) ISSUANCE OF DEED.—(1) Upon a determination

17 by the Secretary that issuance of a deed for affected lands

18 is consistent with the purpose and requirements of this

19 Act, the Secretary shall issue a quitclaim deed to such af20 fected landowner for the parcel to be conveyed.

21 (2) Prior to the issuance of any such deed as provided

22 in paragraph (1), the Secretary shall ensure that—

23 (A) the parcel or parcels to be conveyed have

24 been surveyed in accordance with the Memorandum

25 of Understanding between the Forest Service and
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1 the Bureau of Land Management, dated November

2 11, 1989;

3 (B) all new Federal property lines established

4 by such surveys have been monumented and marked;

5 (C) the proportionate costs of the survey have

6 been paid by the affected landowner; and

7 (D) all terms and conditions necessary to pro8 tect third party and Government Rights-of-Way or

9 other interests are included in the deed.

10 (3) The Federal Government shall survey Federal

11 property lines and mark and post the boundaries nec12 essary to implement this subsection. The costs of such sur13 veys shall be shared equally by the affected landowners

14 to whom a deed is issued pursuant to this section.

15 (c) NOTIFICATION TO BLM.—The Secretary shall

16 submit to the Secretary of the Interior a copy of the sur17 vey plat and an authenticated copy of each deed issued

18 pursuant to this Act no later than thirty days after the

19 date such deed is issued.

20 (d) RELEASE.—Notwithstanding section 120(h) of

21 the Comprehensive Environmental Response, Compensa22 tion and Liability Act of 1980, the affected landowners,

23 upon transfer of the property described in section 2(a),

24 shall agree in writing to hold the United States harmless
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1 from any and all claims resulting from hazardous material

2 on the conveyed land.

3 SEC. 5. WILDERNESS MODIFICATION.

4 The Congress hereby determines and directs that the

5 boundary of the Raggeds Wilderness, Colorado, as des6 ignated by Public Law 96–560, is hereby modified to ex7 clude from the wilderness a parcel of land approximately

1-acre in size situated in the SW1⁄4 of the NE1 8 ⁄4 of Section

9 28, Township 11 South, Range 88 West of the 6th Prin10 cipal Meridian described as follows:

11 Beginning at the Northeast One-Sixteenth sec12 tion corner of said Section 28 monumented with an

13 aluminum cap on pipe, thence N. 89° 59′ W. along

14 the latitudinal center line of the Northeast Quarter

15 of Section 28 a distance of 75 feet; thence S. 0° 46′

16 E. a distance of 500 feet more or less to a point on

17 the extension of the south line of Lot 1, Crystal

18 Meadows Subdivision; thence S. 89° 59′ E. 75 feet

19 to the intersection of the longitudinal centerline of

the Northeast 1 20 ⁄4 of Section 28 with the south line

21 of said Lot 1 of the subdivision; thence N. 0° 46′

22 W. 500 feet more or less to the Northeast One-Six23 teenth section corner of Section 28, being the point

24 of beginning, containing 0.86 acres, more or less.
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1 The Secretary may correct clerical and typo2 graphical errors in such legal description.

3 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

4 There are authorized to be appropriated such sums

5 as may be necessary to carry out the purposes of this Act.

Æ