Home > 107th Congressional Public Laws > Pub.L. 107-372 To reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes. <> ...
Pub.L. 107-372 To reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes. <> ...
<DOC>
[[Page 116 STAT. 3076]]
Public Law 107-371
107th Congress
An Act
To direct the Secretary of the Interior to disclaim any Federal interest
in lands adjacent to Spirit Lake and Twin Lakes in the State of Idaho
resulting from possible omission of lands from an 1880
survey. <<NOTE: Dec. 19, 2002 - [H.R. 4874]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The meander lines in the original surveys by John B.
David, deputy surveyor, of two lakes in the State of Idaho,
Spirit Lake, formerly known as Lake Tesemini, located in T. 53
N., R. 4 W., Boise Meridian, and Twin Lakes, formerly known as
Fish Lake, located in T. 52 N. and T. 53 N., R. 4 W., Boise
Meridian, do not reflect the current line of ordinary high water
conditions.
(2) All lands adjacent to the original meander lines have
been patented.
(b) Purpose.--The purpose of this Act is to direct the Secretary of
the Interior to issue a recordable disclaimer of interest by the United
States to any omitted lands or lands lying outside the record meander
lines in the vicinity of the lakes referred to in subsection (a).
SEC. 2. DEFINITIONS.
In this Act:
(1) Recordable disclaimer of interest.--The term
``recordable disclaimer of interest'' means a document recorded
in the county clerk's office or other such local office where
real property documents are recorded, in which the United States
disclaims any right, title, or interest to those lands found
lying outside the recorded meander lines of the lakes referred
to in section 1(a)(1), including omitted lands, if any.
(2) Omitted lands.--The term ``omitted lands'' means those
lands that were in place on the date of the original surveys
referred to in section 1(a)(1) but were not included in the
survey of the township and the meander lines of the water body
due to gross error or fraud by the original surveyor.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. SURVEYS.
The Secretary shall--
[[Page 116 STAT. 3077]]
(1) conduct a survey investigation of the conditions along
the lakeshores of Spirit Lake and Twin Lakes in the townships
referenced in section 1(a); and
(2) after the completion of the survey investigation,
resurvey the original meander lines along the lakeshores, using
the results of the survey investigation.
SEC. 4. DISCLAIMER <<NOTE: Records.>> OF INTEREST IN LANDS ADJACENT TO
SPIRIT LAKE AND TWIN LAKES, IDAHO.
Upon acceptance and approval of the surveys under section 3 by the
Secretary, the Secretary shall--
(1) prepare a recordable disclaimer of interest with land
descriptions, using the lot or tract numbers of the omitted
lands, if any, and lands lying outside the record meander lines,
as shown on the survey plats; and
(2) record such recordable disclaimer of interest
simultaneously with the filing of the surveys.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary $400,000 to
carry out this Act. Funds appropriated to carry out the purposes of this
Act may be available without fiscal year limitation.
Approved December 19, 2002.
LEGISLATIVE HISTORY--H.R. 4874 (S. 2585):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 107-676 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 148 (2002):
Oct. 1, considered and passed House.
Nov. 19, considered and passed Senate.
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