[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2205 Enrolled Bill (ENR)]
S.2205
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To direct the Secretary of the Interior to convey certain parcels of
land acquired for the Blunt Reservoir and Pierre Canal features of the
initial stage of the Oahe Unit, James Division, South Dakota, to the
Commission of Schools and Public Lands and the Department of Game, Fish,
and Parks of the State of South Dakota for the purpose of mitigating
lost wildlife habitat, on the condition that the current preferential
leaseholders shall have an option to purchase the parcels from the
Commission, 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 ``Blunt Reservoir and Pierre Canal
Land Conveyance Act of 2006''.
SEC. 2. BLUNT RESERVOIR AND PIERRE CANAL.
(a) Definitions.--In this section:
(1) Blunt reservoir feature.--The term ``Blunt Reservoir
feature'' means the Blunt Reservoir feature of the Oahe Unit, James
Division, authorized by the Act of August 3, 1968 (82 Stat. 624),
as part of the Pick-Sloan Missouri River Basin program.
(2) Commission.--The term ``Commission'' means the Commission
of Schools and Public Lands of the State.
(3) Nonpreferential lease parcel.--The term ``nonpreferential
lease parcel'' means a parcel of land that--
(A) was purchased by the Secretary for use in connection
with the Blunt Reservoir feature or the Pierre Canal feature;
and
(B) was considered to be a nonpreferential lease parcel by
the Secretary as of January 1, 2001, and is reflected as such
on the roster of leases of the Bureau of Reclamation for 2001.
(4) Pierre canal feature.--The term ``Pierre Canal feature''
means the Pierre Canal feature of the Oahe Unit, James Division,
authorized by the Act of August 3, 1968 (82 Stat. 624), as part of
the Pick-Sloan Missouri River Basin program.
(5) Preferential leaseholder.--The term ``preferential
leaseholder'' means a person or descendant of a person that held a
lease on a preferential lease parcel as of January 1, 2001, and is
reflected as such on the roster of leases of the Bureau of
Reclamation for 2001.
(6) Preferential lease parcel.--The term ``preferential lease
parcel'' means a parcel of land that--
(A) was purchased by the Secretary for use in connection
with the Blunt Reservoir feature or the Pierre Canal feature;
and
(B) was considered to be a preferential lease parcel by the
Secretary as of January 1, 2001, and is reflected as such on
the roster of leases of the Bureau of Reclamation for 2001.
(7) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Commissioner of Reclamation.
(8) State.--The term ``State'' means the State of South Dakota,
including a successor in interest of the State.
(9) Unleased parcel.--The term ``unleased parcel'' means a
parcel of land that--
(A) was purchased by the Secretary for use in connection
with the Blunt Reservoir feature or the Pierre Canal feature;
and
(B) is not under lease as of the date of enactment of this
Act.
(b) Deauthorization.--The Blunt Reservoir feature is deauthorized.
(c) Acceptance of Land and Obligations.--
(1) In general.--As a term of each conveyance under subsections
(d)(5) and (e), respectively, the State may agree to accept--
(A) in ``as is'' condition, the portions of the Blunt
Reservoir feature and the Pierre Canal feature that pass into
State ownership;
(B) any liability accruing after the date of conveyance as
a result of the ownership, operation, or maintenance of the
features referred to in subparagraph (A), including liability
associated with certain outstanding obligations associated with
expired easements, or any other right granted in, on, over, or
across either feature; and
(C) the responsibility that the Commission will act as the
agent for the Secretary in administering the purchase option
extended to preferential leaseholders under subsection (d).
(2) Responsibilities of the state.--An outstanding obligation
described in paragraph (1)(B) shall inure to the benefit of, and be
binding upon, the State.
(3) Oil, gas, mineral and other outstanding rights.--A
conveyance to the State under subsection (d)(5) or (e) or a sale to
a preferential leaseholder under subsection (d) shall be made
subject to--
(A) oil, gas, and other mineral rights reserved of record,
as of the date of enactment of this Act, by or in favor of a
third party; and
(B) any permit, license, lease, right-of-use, or right-of-
way of record in, on, over, or across a feature referred to in
paragraph (1)(A) that is outstanding as to a third party as of
the date of enactment of this Act.
(4) Additional conditions of conveyance to state.--A conveyance
to the State under subsection (d)(5) or (e) shall be subject to the
reservations by the United States and the conditions specified in
section 1 of the Act of May 19, 1948 (chapter 310; 62 Stat. 240),
as amended (16 U.S.C. 667b), for the transfer of property to State
agencies for wildlife conservation purposes.
(d) Purchase Option.--
(1) In general.--A preferential leaseholder shall have an
option to purchase from the Secretary or the Commission, acting as
an agent for the Secretary, the preferential lease parcel that is
the subject of the lease.
(2) Terms.--
(A) In general.--Except as provided in subparagraph (B), a
preferential leaseholder may elect to purchase a parcel on one
of the following terms:
(i) Cash purchase for the amount that is equal to--
(I) the value of the parcel determined under
paragraph (4); minus
(II) ten percent of that value.
(ii) Installment purchase, with 10 percent of the value
of the parcel determined under paragraph (4) to be paid on
the date of purchase and the remainder to be paid over not
more than 30 years at 3 percent annual interest.
(B) Value under $10,000.--If the value of the parcel is
under $10,000, the purchase shall be made on a cash basis in
accordance with subparagraph (A)(i).
(3) Option exercise period.--
(A) In general.--A preferential leaseholder shall have
until the date that is 5 years after enactment of this Act to
exercise the option under paragraph (1).
(B) Continuation of leases.--Until the date specified in
subparagraph (A), a preferential leaseholder shall be entitled
to continue to lease from the Secretary the parcel leased by
the preferential leaseholder under the same terms and
conditions as under the lease, as in effect as of the date of
enactment of this Act.
(4) Valuation.--
(A) In general.--The value of a preferential lease parcel
shall be its fair market value for agricultural purposes
determined by an independent appraisal less 25 percent,
exclusive of the value of private improvements made by the
leaseholders while the land was federally owned before the date
of the enactment of this Act, in conformance with the Uniform
Appraisal Standards for Federal Land Acquisition.
(B) Fair market value.--Any dispute over the fair market
value of a property under subparagraph (A) shall be resolved in
accordance with section 2201.4 of title 43, Code of Federal
Regulations.
(5) Conveyance to the state.--
(A) In general.--If a preferential leaseholder fails to
purchase a parcel within the period specified in paragraph
(3)(A), the Secretary shall offer to convey the parcel to the
State of South Dakota Department of Game, Fish, and Parks.
(B) Wildlife habitat mitigation.--Land conveyed under
subparagraph (A) shall be used by the South Dakota Department
of Game, Fish, and Parks for the purpose of mitigating the
wildlife habitat that was lost as a result of the development
of the Pick-Sloan project.
(6) Use of proceeds.--Proceeds of sales of land under this Act
shall be deposited as miscellaneous funds in the Treasury and such
funds shall be made available, subject to appropriations, to the
State for the establishment of a trust fund to pay the county taxes
on the lands received by the State Department of Game, Fish, and
Parks under the bill.
(e) Conveyance of Nonpreferential Lease Parcels and Unleased
Parcels.--
(1) Conveyance by secretary to state.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall offer to convey to
the South Dakota Department of Game, Fish, and Parks the
nonpreferential lease parcels and unleased parcels of the Blunt
Reservoir and Pierre Canal.
(B) Wildlife habitat mitigation.--Land conveyed under
subparagraph (A) shall be used by the South Dakota Department
of Game, Fish, and Parks for the purpose of mitigating the
wildlife habitat that was lost as a result of the development
of the Pick-Sloan project.
(2) Land exchanges for nonpreferential lease parcels and
unleased parcels.--
(A) In general.--With the concurrence of the South Dakota
Department of Game, Fish, and Parks, the South Dakota
Commission of Schools and Public Lands may allow a person to
exchange land that the person owns elsewhere in the State for a
nonpreferential lease parcel or unleased parcel at Blunt
Reservoir or Pierre Canal, as the case may be.
(B) Priority.--The right to exchange nonpreferential lease
parcels or unleased parcels shall be granted in the following
order or priority:
(i) Exchanges with current lessees for nonpreferential
lease parcels.
(ii) Exchanges with adjoining and adjacent landowners
for unleased parcels and nonpreferential lease parcels not
exchanged by current lessees.
(C) Easement for water conveyance structure.--As a
condition of the exchange of land of the Pierre Canal feature
under this paragraph, the United States reserves a perpetual
easement to the land to allow for the right to design,
construct, operate, maintain, repair, and replace a pipeline or
other water conveyance structure over, under, across, or
through the Pierre Canal feature.
(f) Release From Liability.--
(1) In general.--Effective on the date of conveyance of any
parcel under this Act, the United States shall not be held liable
by any court for damages of any kind arising out of any act,
omission, or occurrence relating to the parcel, except for damages
for acts of negligence committed by the United States or by an
employee, agent, or contractor of the United States, before the
date of conveyance.
(2) No additional liability.--Nothing in this section adds to
any liability that the United States may have under chapter 171 of
title 28, United States Code (commonly known as the ``Federal Tort
Claims Act'').
(g) Requirements Concerning Conveyance of Lease Parcels.--
(1) Interim requirements.--During the period beginning on the
date of enactment of this Act and ending on the date of conveyance
of the parcel, the Secretary shall continue to lease each
preferential lease parcel or nonpreferential lease parcel to be
conveyed under this section under the terms and conditions
applicable to the parcel on the date of enactment of this Act.
(2) Provision of parcel descriptions.--Not later than 180 days
after the date of the enactment of this Act, the Secretary, in
consultation with the Commission, shall provide the State a full
legal description of all preferential lease parcels and
nonpreferential lease parcels that may be conveyed under this
section.
(h) Curation of Archeological Collections.--The Secretary, in
consultation with the State, shall transfer, without cost to the State,
all archeological and cultural resource items collected from the Blunt
Reservoir feature and Pierre Canal feature to the South Dakota State
Historical Society.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $750,000 to reimburse the Secretary
for expenses incurred in implementing this Act, and such sums as are
necessary to reimburse the Commission and the State Department of Game,
Fish, and Parks for expenses incurred implementing this Act, not to
exceed 10 percent of the cost of each transaction conducted under this
Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.