108th CONGRESS
2d Session
H. R. 3954
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.
IN THE HOUSE OF REPRESENTATIVES
March 11, 2004
Mr. HUNTER introduced the following bill; which was referred to the Committee
on Resources
A BILL
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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Rancho El Cajon Boundary Reconciliation Act'.
SEC. 2. RESOLUTION OF BOUNDARY DISCREPANCIES, SAN DIEGO COUNTY, CALIFORNIA.
(a) Authority to Resolve Boundary Discrepancies- The Secretary of the Interior
may provide compensation to a landowner whose title to land in San Diego County,
California, is based on an erroneous survey conducted by a Government contractor
in 1881 and is rendered void because that title is inferior to the title to
the same land established by a survey of the Rancho El Cajon conducted in
1872 and approved by the Commissioner of the General Land Office in 1876.
(1) Forms of compensation- Compensation under subsection (a) shall be mutually
agreed upon by the Secretary and the landowner and shall consist of--
(A) public lands in San Diego County, California, selected jointly by
the Secretary and the landowner and conveyed by the Secretary to the landowner;
(B) a cash payment to the landowner; or
(C) a combination of a conveyance under subparagraph (A) and cash payment
under subparagraph (B).
(2) Equal value- Compensation provided under subsection (a) for a parcel
of land whose title was rendered void, as described in such subsection,
may not exceed the fair market value of the land, as determined by an appraisal
satisfactory to the Secretary and the landowner.
(3) Source of funds- The Secretary may make payments under this subsection
using funds available to the Secretary to equalize land exchanges under
section 206(b) of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(b)).
(c) Identification of Land and Landowners Affected by Boundary Discrepancy-
Not later than one year after the date of the enactment of this Act, the Secretary
shall complete a study to identify those landowners whose title to land is
void or otherwise clouded as a result of the erroneous survey referred to
in subsection (a) and who would be eligible to receive compensation under
this section. The Secretary shall use the authority provided by subsection
(a) to compensate any landowner, already identified as of the date of the
enactment of this Act, whose title to lots 1 and 2 of section 9, township
15 south, range 1 east, San Bernardino Meridian, is rendered void as described
in such subsection.
(d) Public Lands Defined- In this section, the `public lands' has the meaning
given the term in section 103(e) of the Federal Land Policy and Management
Act of 1976 (7 U.S.C. 1702(e)).
END