[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4874 Enrolled Bill (ENR)]
H.R.4874
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
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.
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--
(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 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.