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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds and declares
that—
(1) certain landowners in Gunnison County,
Colorado, who own property adjacent to the Raggeds
Wilderness Area, White River National Forest;
(2) these landowners have occupied or improved
their property in good faith and in reliance on the
erroneous surveys of their properties that they be-
lieved were accurate; and
(3) the 1993 Forest Service resurvey of the
Raggeds Wilderness Area, White River National
Forest, correctly established accurate boundaries be-
tween such forest and private lands.
(b) PURPOSE.—It is the purpose of this Act to au-
thorize and direct the Secretary of Agriculture to convey,
without consideration, certain lands in Gunnison County,
Colorado, to landowners determined by the Secretary to
have been adversely affected by the erroneous private land
surveys.
SEC. 2. DEFINITIONS.
For the purposes of this Act—
(1) the term ‘‘affected lands’’ means those Fed-
eral lands located in the Raggeds Wilderness Area,
White River National Forest in Gunnison County,
Colorado, situated in the SW1⁄4 of the NE1⁄4 of Sec-
tion 28, Township 11 South, Range 88 West of the
6th Principal Meridian described as follows:
Beginning at the Northeast One-Sixteenth
section corner of said Section 28 monumented
with an aluminum cap on pipe, thence N. 89°
59′ W. along the latitudinal center line of the
Northeast Quarter of Section 28 a distance of
75 feet; thence S. 0° 46′ E. a distance of 500
feet more or less to a point on the extension of
the south line of Lot 1, Crystal Meadows Sub-
division; thence S. 89° 59′ E. 75 feet to the
intersection of the longitudinal centerline of the
Northeast 1⁄4 of Section 28 with the south line
of said Lot 1 of the subdivision; thence N. 0°
46′ W. 500 feet more or less to the Northeast
One-Sixteenth section corner of Section 28,
being the point of beginning, containing 0.86
acres, more or less;
(2) the term ‘‘affected landowner’’ means an
owner of real property in Gunnison County, Colo-
rado, whose real property adjoins the White River
National Forest lands described in subsection 2(a),
who claims to have been deprived by the United
States of title to property as a result of previous er-
roneous surveys which were not performed by the
United States; and
(3) the term ‘‘Secretary’’ means the Secretary
of Agriculture.
SEC. 3. CONVEYANCE OF LANDS.
Notwithstanding any other provision of law, the Sec-
retary is authorized and directed to convey, without con-
sideration, all right, title, and interest of the United States
in and to affected lands as described in section 2(a), to
any affected landowner pursuant to the provisions of sec-
tion 4.
SEC. 4. TERMS AND CONDITIONS OF CONVEYANCE.
(a) NOTIFICATION.—Not later than three years after
the date of enactment of this Act, affected landowners
shall notify the Secretary, through the Forest Supervisor
of the White River National Forest, in writing, of any
claim to affected lands. Such claim shall be accompanied
by—
(1) a description of the affected lands claimed;
(2) information relating to the claim of owner-
ship of such lands; and
(3) such other information as the Secretary
may require.
(b) ISSUANCE OF DEED.—(1) Upon a determination
by the Secretary that issuance of a deed for affected lands
is consistent with the purpose and requirements of this
Act, the Secretary shall issue a quitclaim deed to such af-
fected landowner for the parcel to be conveyed.
(2) Prior to the issuance of any such deed as provided
in paragraph (1), the Secretary shall ensure that—
(A) the parcel or parcels to be conveyed have
been surveyed in accordance with the Memorandum
of Understanding between the Forest Service and
the Bureau of Land Management, dated November
11, 1989;
(B) all new Federal property lines established
by such surveys have been monumented and marked;
(C) the proportionate costs of the survey have
been paid by the affected landowner; and
(D) all terms and conditions necessary to pro-
tect third party and Government Rights-of-Way or
other interests are included in the deed.
(3) The Federal Government shall survey Federal
property lines and mark and post the boundaries nec-
essary to implement this subsection. The costs of such sur-
veys shall be shared equally by the affected landowners
to whom a deed is issued pursuant to this section.
(c) NOTIFICATION TO BLM.—The Secretary shall
submit to the Secretary of the Interior a copy of the sur-
vey plat and an authenticated copy of each deed issued
pursuant to this Act no later than thirty days after the
date such deed is issued.
(d) RELEASE.—Notwithstanding section 120(h) of
the Comprehensive Environmental Response, Compensa-
tion and Liability Act of 1980, the affected landowners,
upon transfer of the property described in section 2(a),
shall agree in writing to hold the United States harmless