108TH CONGRESS

2D SESSION H. R. 3954

AN ACT

To authorize the Secretary of the Interior to resolve

lands, and for other purposes.resulted in overlapping boundaries for certainducted by a Government contractor in 1881 thatCalifornia, arising from an erroneous survey conboundary discrepancies in San Diego County,

108TH CONGRESS

2D SESSION H. R. 3954

AN ACT

To authorize the Secretary of the Interior to resolve boundary discrepancies in San Diego County, California, arising from an erroneous survey conducted by a Government contractor in 1881 that resulted in overlapping

boundaries for certain lands, and for other purposes.
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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 ‘‘Rancho El Cajon

5 Boundary Reconciliation Act’’.

6 SEC. 2. RESOLUTION OF BOUNDARY DISCREPANCIES, SAN

7 DIEGO COUNTY, CALIFORNIA.

8 (a) RESOLUTION OF BOUNDARY DISCREPANCIES.—

9 The Secretary of the Interior shall provide compensation

10 to any landowner whose title to land in lots 1 and 2 of

11 section 9, township 15 south, range 1 east, San

12 Bernardino Meridian, in San Diego County, California, is

13 based on an erroneous survey conducted by a Government

14 contractor in 1881 and is rendered void because that title

15 is inferior to the title to the same land established by a

16 survey of the Rancho El Cajon conducted in 1872 and

17 approved by the Commissioner of the General Land Office

18 in 1876.

19 (b) FORMS OF COMPENSATION.—Compensation

20 under subsection (a) shall be mutually agreed upon by the

21 Secretary and the landowner and shall consist of—

22 (1) public lands in San Diego or Imperial Coun23 ties, California, selected jointly by the Secretary and

24 the landowner and conveyed by the Secretary to the

25 landowner;
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1 (2) a cash payment to the landowner; or

2 (3) a combination of a conveyance under para3 graph (1) and a cash payment under paragraph (2).

4 (c) EQUAL VALUE.—Compensation provided under

5 subsection (a) for a parcel of land whose title was rendered

6 void, as described in such subsection, may not exceed the

7 fair market value of the land, as determined by an ap8 praisal satisfactory to the Secretary and the landowner.

9 (d) SOURCE OF FUNDS.—The Secretary may make

10 payments under subsection (a) using funds available to the

11 Secretary to equalize land exchanges under section 206(b)

12 of the Federal Land Policy and Management Act of 1976

13 (43 U.S.C. 1716(b)).

14 (e) PUBLIC LANDS DEFINED.—In this section, the

15 term ‘‘public lands’’ has the meaning given the term in

16 section 103(e) of the Federal Land Policy and Manage17 ment Act of 1976 (7 U.S.C. 1702(e)).

18 SEC. 3. REVOCATION OF PUBLIC LAND ORDER WITH RE19 SPECT TO LANDS ERRONEOUSLY INCLUDED

20 IN CIBOLA NATIONAL WILDLIFE REFUGE,

21 CALIFORNIA.

22 (a) REVOCATION.—Public Land Order 3442, dated

23 August 21, 1964, is revoked insofar as it applies to the

24 following described lands: San Bernardino Meridian,

T11S, R22E, sec. 6, all of lots 1, 16, and 17, and SE1 25 ⁄4
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of SW1 1 ⁄4 in Imperial County, California, aggregating ap2 proximately 140.32 acres.

3 (b) RESURVEY AND NOTICE OF MODIFIED BOUND4 ARIES.—The Secretary of the Interior shall, by not later

5 than 6 months after the date of the enactment of this

6 Act—

7 (1) resurvey the boundaries of the Cibola Na8 tional Wildlife Refuge, as modified by the revocation

9 under section 1;

10 (2) publish notice of, and post conspicuous

11 signs marking, the boundaries of the refuge deter12 mined in such resurvey; and

13 (3) prepare and publish a map showing the

14 boundaries of the refuge.

Passed the House of Representatives September 28,

2004.

Attest:

Clerk.