II 

Calendar No. 690 

115TH CONGRESS 

2D SESSION S. 1219 

To provide for stability of title to certain land in the State of Louisiana, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 24, 2017 

Mr. CASSIDY introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

NOVEMBER 29, 2018 

Reported by Ms. MURKOWSKI, with an amendment 

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

A BILL 

To provide for stability of title to certain land in the State 

of Louisiana, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lake Bistineau Land 

5 Title Stability Act’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds that— 


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1 (1) on December 8, 1842, the Surveyor General 

2 approved an original survey of land in northern Lou3 isiana, which included the land surrounding Lake 

4 Bistineau; 

5 (2) under the equal footing doctrine, the State 

6 of Louisiana was entitled to the land underlying the 

7 navigable waters in place within the boundaries of 

8 the State as of the date on which the State joined 

9 the Union; 

10 (3) the State of Louisiana delineated the owner11 ship of the land in the State based on the Original 

12 Survey; 

13 (4) in 1901, the State of Louisiana— 

14 (A) transferred more than 7,000 acres of 

15 land to the commissioners of the Bossier Levee 

16 District through Louisiana Act Number 89 of 

17 1892; and 

18 (B) conducted a survey that followed the 

19 same path around Lake Bistineau as the path 

20 included in the Original Survey; 

21 (5) in 1904, the Bossier Levee District subse22 quently conveyed the land described in paragraph 

23 (4)(A) to private ownership; 


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1 (6) parcels of the land described in paragraph 

2 (4)(A) were bought and sold in good faith based on 

3 the stability of the title to the land; 

4 (7) on September 16, 1967, the Bureau of 

5 Land Management submitted a resurvey of the land 

6 described in paragraph (4)(A) for S30–T16N–R10W 

7 and 2 adjacent islands, which presented a new line 

8 to represent what the Bureau of Land Management 

9 surveyors believed to be the contour of Lake 

10 Bistineau as of the date on which the State of Lou11 isiana joined the Union; 

12 (8) on January 15, 1969, the Bureau of Land 

13 Management approved the Resurvey; 

14 (9) on February 27, 1969, notice of the filing 

15 of the Resurvey was filed in the Federal Register 

16 (34 Fed. Reg. 2677), but the Bureau of Land Man17 agement has presented no records of further notice 

18 provided to the affected landowners regarding— 

19 (A) the effects of the Resurvey; or 

20 (B) the right of affected landowners to 

21 contest the Resurvey; 

22 (10) on September 27, 2013, the Bureau of 

23 Land Management responded to an inquiry by cer24 tain owners of land subject to the Resurvey to in25 form the landowners that title to the land of the 


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1 landowners would ‘‘appear to be still vested in the 

2 United States’’; and 

3 (11) there are estimated to be more than 200 

4 acres of, and more than 50 residential homes located 

5 on, the land subject to the Resurvey. 

6 (b) PURPOSE.—The purpose of this Act is to direct 

7 the Secretary of the Interior to issue a recordable dis8 claimer of interest of the United States in and to— 

9 (1) any land described in paragraphs (1) and 

10 (2) of subsection (b) of section 4 that is located out11 side the record meander lines described in that sub12 section; and 

13 (2) any omitted land. 

14 SEC. 3. DEFINITIONS. 

15 In this Act: 

16 (1) OMITTED LAND.—The term ‘‘omitted land’’ 

17 means any land in S30–T16N–R10W, including ad18 jacent islands and the meander lines of the water 

19 body, that was in place during the Original Survey, 

20 but that was not included in the Original Survey, re21 gardless of whether the exclusion of the land was 

22 due to gross error in the Original Survey or fraud 

23 by any individual conducting the Original Survey. 

24 (2) ORIGINAL SURVEY.—The term ‘‘Original 

25 Survey’’ means the survey of land in northern LouVerDate Sep 11 2014 23:58 Nov 29, 2018 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1219.RS S1219

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1 isiana approved by the Surveyor General on Decem2 ber 8, 1842. 

3 (3) RESURVEY.—The term ‘‘Resurvey’’ means 

4 the document entitled ‘‘Dependent Re-Survey, Ex5 tension Survey and Survey of Two Islands, Sections 

6 17, 29, and 30’’, which was completed on November 

7 24, 1967, approved on January 15, 1969, and pub8 lished in the Federal Register on February 27, 1969 

9 (34 Fed. Reg. 2677). 

10 (4) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Interior. 

12 SEC. 4. LEGAL STATUS OF RESURVEY. 

13 (a) IN GENERAL.—The Resurvey— 

14 (1) shall not be considered to be, or serve as, 

15 a gross error determination; and 

16 (2) shall have no legal force or effect on the 

17 ownership of the land described in paragraphs (1) 

18 and (2) of subsection (b). 

19 (b) MEANDER LINES.—The meander lines in the 

20 Original Survey are definitive for purposes of determining 

21 title to— 

22 (1) the land in S30–T16N–R10W; and 

23 (2) the 2 islands adjacent to the land described 

24 in paragraph (1). 

25 (c) DISCLAIMER OF INTEREST.— 


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1 (1) IN GENERAL.—The Secretary shall prepare 

2 a disclaimer of interest in which the United States 

3 disclaims any right, title, or interest of the United 

4 States in and to— 

5 (A) any land described in paragraphs (1) 

6 and (2) of subsection (b) that is located outside 

7 the recorded meander lines described in that 

8 subsection; and 

9 (B) any omitted land. 

10 (2) FILING.—The Secretary shall record the 

11 disclaimer of interest prepared under paragraph (1) 

12 in the appropriate local office in the State of Lou13 isiana in which real property documents are re14 corded. 

15 (3) INCLUSIONS.—The disclaimer of interest 

16 filed under paragraph (2) shall include legal descrip17 tions of the land subject to the disclaimer of interest 

18 using the lot or tract numbers included in the Re19 survey. 

20 SECTION 1. SHORT TITLE. 

21 This Act may be cited as the ‘‘Lake Bistineau Land 

22 Title Stability Act’’. 

23 SEC. 2. DEFINITIONS. 

24 In this Act: 


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1 (1) CLAIMANT.—The term ‘‘claimant’’ means 

2 any individual, group, or corporation authorized to 

3 hold title to land or mineral interests in land in the 

4 State of Louisiana with a valid claim to the omitted 

5 land, including any mineral interests. 

6 (2) MAP.—The term ‘‘Map’’ means the map enti7 tled ‘‘Lands as Delineated by Original Survey Decem8 ber 18, 1842 showing the 1969 Meander Line at the 

9 148.6 Elevation Line’’ and dated January 30, 2018. 

10 (3) OMITTED LAND.— 

11 (A) IN GENERAL.—The term ‘‘omitted land’’ 

12 means the land in lots 6, 7, 8, 9, 10, 11, 12, and 

13 13 of sec. 30, T. 16 N., R. 10 W., Louisiana Me14 ridian, comprising a total of approximately 

15 229.72 acres, as depicted on the Map, that— 

16 (i) was in place during the Original 

17 Survey; but 

18 (ii) was not included in the Original 

19 Survey. 

20 (B) INCLUSION.—The term ‘‘omitted land’’ 

21 includes— 

22 (i) Peggy’s Island in lot 1 of sec. 17, 

23 T. 16 N., R. 10 W., Louisiana Meridian; 

24 and 


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1 (ii) Hog Island in lot 1 of sec. 29 , T. 

2 16 N., R. 10 W., Louisiana Meridian. 

3 (4) ORIGINAL SURVEY.—The term ‘‘Original 

4 Survey’’ means the survey of land surrounding Lake 

5 Bistineau, Louisiana, conducted by the General Land 

6 Office in 1838 and approved by the Surveyor General 

7 on December 8, 1842. 

8 (5) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Interior. 

10 SEC. 3. CONVEYANCES. 

11 (a) IN GENERAL.—Consistent with the first section of 

12 the Act of December 22, 1928 (commonly known as the 

13 ‘‘Color of Title Act’’) (45 Stat. 1069, chapter 47; 43 U.S.C. 

14 1068), except as provided by this Act, the Secretary shall 

15 convey to the claimant the omitted land, including any 

16 mineral interests, that has been held in good faith and in 

17 peaceful, adverse possession by a claimant or an ancestor 

18 or grantor of the claimant, under claim or color of title, 

19 based on the Original Survey. 

20 (b) CONFIRMATION OF TITLE.—The conveyance or pat21 ent of omitted land to a claimant under subsection (a) shall 

22 have the effect of confirming title to the surface and min23 erals in the claimant and shall not serve as any admission 

24 by a claimant. 


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1 SEC. 4. PAYMENT OF COSTS. 

2 (a) IN GENERAL.—Except as provided in subsection 

3 (b), the conveyance required under section 3 shall be with4 out consideration. 

5 (b) EXCEPTION.—Before the conveyance of the omitted 

6 land under section 3, the claimant shall pay to the Sec7 retary any costs incurred by the Secretary relating to any 

8 survey, platting, legal description, or associated activities 

9 required to prepare and issue a patent under that section. 

10 SEC. 5. MAP AND LEGAL DESCRIPTION. 

11 As soon as practicable after the date of enactment of 

12 this Act, the Secretary shall file, and make available for 

13 public inspection in the appropriate offices of the Bureau 

14 of Land and Management, the Map and legal descriptions 

15 of the omitted land to be conveyed under section 3. 


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Calendar No. 690 

115TH CONGRESS 

2D SESSION S. 1219 

A BILL 

To provide for stability of title to certain land in 

the State of Louisiana, and for other purposes. 

NOVEMBER 29, 2018 

Reported with an amendment 


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