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Union Calendar No. 411

104TH CONGRESS

2D SESSION H. R. 2438

[Report No. 104–766]

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

SEPTEMBER 4, 1996

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on September 29, 1995]

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,
2

•HR 2438 RH

1 SECTION 1. BOUNDARY ADJUSTMENT AND LAND CONVEY2 ANCE, RAGGEDS WILDERNESS, WHITE RIVER

3 NATIONAL FOREST, COLORADO.

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

5 (1) Certain landowners in Gunnison County,

6 Colorado, who own real property adjacent to the por7 tion of the Raggeds Wilderness in the White River

8 National Forest, Colorado, have occupied or improved

9 their property in good faith and in reliance on erro10 neous surveys of their properties that the landowners

11 reasonably believed were accurate.

12 (2) In 1993, a Forest Service resurvey of the

13 Raggeds Wilderness established accurate boundaries

14 between the wilderness area and adjacent private

15 lands.

16 (3) The resurvey indicated that a small portion

17 of the Raggeds Wilderness is occupied by adjacent

18 landowners on the basis of the earlier erroneous land

19 surveys.

20 (b) PURPOSE.—It is the purpose of this section to re21 move from the boundaries of the Raggeds Wilderness certain

22 real property so as to permit the Secretary of Agriculture

23 to use the authority of Public Law 97–465 (commonly

24 known as the Small Tracts Act; 16 U.S.C. 521c–521i) to

25 convey the property to the landowners who occupied the

26 property on the basis of erroneous land surveys.
3

•HR 2438 RH

1 (c) BOUNDARY ADJUSTMENT.—The boundary of the

2 Raggeds Wilderness, Gunnison and White River National

3 Forests, Colorado, as designated by section 102(a)(16) of

4 Public Law 96–560 (16 U.S.C. 1132 note), is hereby modi5 fied to exclude from the area encompassed by the wilderness

6 a parcel of real property approximately 0.86-acres in size

situated in the SW1⁄4 of the NE1 7 ⁄4 of Section 28, Township

8 11 South, Range 88 West of the 6th Principal Meridian,

9 as depicted on the map entitled ‘‘Encroachment-Raggeds

10 Wilderness’’, dated November 17, 1993. Such map shall be

11 on file and available for inspection in the appropriate of12 fices of the United States Forest Service, Department of Ag13 riculture.

14 (d) CONVEYANCE OF LAND REMOVED FROM WILDER15 NESS AREA.—The Secretary of Agriculture shall use the au16 thority provided by Public Law 97–465 (commonly known

17 as the Small Tracts Act; 16 U.S.C. 521c–521i) to convey

18 all right, title, and interest of the United States in and to

19 the real property excluded from the boundaries of the

20 Raggeds Wilderness under subsection (c) to those owners of

21 real property in Gunnison County, Colorado, whose real

22 property adjoins the excluded lands and who have occupied

23 the excluded lands in good faith reliance on an erroneous

24 survey.

Union Calendar No. 411

104TH CONGRESS

2D SESSION H. R. 2438

[Report No. 104–766]

A BILL

To provide for the conveyance of lands to certain

for other purposes.individuals in Gunnison County, Colorado, and

SEPTEMBER 4, 1996

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and