[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6235 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 6235

A bill to transfer certain land from the Secretary of the Army, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2016

  Mr. Cramer introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
A bill to transfer certain land from the Secretary of the Army, 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. LAND TRANSFER.

    (a) In General.--Subject to subsection (d), the Secretary of the 
Army shall transfer the land described in subsection (b) to the 
Secretary of the Interior to be held in trust for the benefit of the 
Tribe, and subsection (c) to the State of North Dakota.
    (b) Standing Rock Land Transfer.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of the Army shall transfer 
        the covered property to the Secretary of the Interior to be 
        held in trust for the benefit of the Tribe.
            (2) Definitions.--In this subsection, the following 
        definitions apply:
                    (A) Covered property.--The term ``covered 
                property'' means all the property--
                            (i) within the exterior boundaries of the 
                        Reservation within the State of North Dakota;
                            (ii) acquired by the United States for the 
                        Oahe Dam and Reservoir Project pursuant to 
                        Public Law 85-915 (72 Stat. 1762);
                            (iii) located above the top of the 
                        exclusive flood pool of the Oahe Dam and 
                        Reservoir Project, as determined by the 
                        Secretary of the Army; and
                            (iv) under the administrative control of 
                        the Corps of Engineers.
                    (B) Reservation.--The term ``Reservation'' means 
                the Standing Rock Indian Reservation.
                    (C) Tribe.--The term ``Tribe'' means the Standing 
                Rock Sioux Tribe of North and South Dakota.
    (c) Transfer of Property to North Dakota.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of the Army shall convey 
        to the State of North Dakota all right, title, and interest of 
        the United States in and to the covered property.
            (2) Definition of covered property.--In this subsection, 
        the term ``covered property'' means all property--
                    (A) in Burleigh County, Emmons County, or Morton 
                County in the State of North Dakota;
                    (B) acquired by the United States for the Oahe Dam 
                and Reservoir Project pursuant to Public Law 85-915 (72 
                Stat. 1762);
                    (C) located above the top of the exclusive flood 
                pool of the Oahe Dam and Reservoir Project, as 
                determined by the Secretary of the Army; and
                    (D) under the administrative control of the Corps 
                of Engineers.
    (d) Conditions of Transfer.--
            (1) Authorized purposes.--The transfer of land under this 
        section shall not interfere with any of the authorized purposes 
        of the Oahe Dam and Reservoir Project, any project of the Pick-
        Sloan Missouri River Basin Program, or any applicable law.
            (2) Definition of pick-sloan missouri river basin 
        program.--For purposes of this subsection, the term ``Pick-
        Sloan Missouri River Basin Program'' means the Pick-Sloan 
        Missouri River Basin Program (authorized by section 9 of the 
        Flood Control Act of 1944) (58 Stat. 891, chapter 665).
            (3) Damage to land.--The United States shall not be 
        responsible for any damage to the transferred land caused by 
        flooding, sloughing, erosion, or any other change to the 
        transferred land as a result of the operation of the Oahe Dam 
        and Reservoir Project or any project of the Pick-Sloan Missouri 
        River Basin Programs.
            (4) Retained rights.--The Secretary of the Army shall 
        retain the right to inundate with water or cause erosion to the 
        transferred lands, as necessary for the operation of the Oahe 
        Dam and Reservoir Project or any project of the Pick-Sloan 
        Missouri River Basin Programs.
            (5) Retained property interests.--Notwithstanding 
        subsections (b) and (c), the Secretary of the Army shall retain 
        any land, structures, easements or other property interests 
        necessary to carry out authorized purposes of the Oahe Dam and 
        Reservoir Project or any project of the Pick-Sloan Missouri 
        River Basin Programs.
            (6) Other terms and conditions.--The transfer of land under 
        this section shall be subject to any other term or condition 
        that the Secretary of the Army determines to be appropriate to 
        ensure the continued operation of the Oahe Dam and Reservoir or 
        of any project of the Pick-Sloan Missouri River Basin Program.
            (7) Existing rights and interests.--Nothing in this Act 
        deprives any person of any easement, leasehold, or other right 
        of interest that, as of the date of enactment of this Act, the 
        person may have in the land to be transferred.
    (e) Map.--
            (1) In general.--The Secretary of the Army shall prepare a 
        map of the land transferred under this section.
            (2) Land.--The map shall identify--
                    (A) land reasonably expected to be required for 
                project purposes during the 20-year period beginning on 
                the date of enactment of this Act; and
                    (B) dams and related structure which will be 
                retained by the Secretary of the Army.
            (3) Availability.--The map shall be on file in the 
        appropriate offices of the Secretary.
    (f) Costs.--The Standing Rock Sioux Tribe shall be responsible for 
the payment of all costs and administrative expenses associated with 
the transfer authorized by subsection (b) and the State of North Dakota 
shall be responsible for the payment of all costs and administrative 
expenses associated with the transfer authorized by subsection (c), 
including costs of survey compliance with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any coordination 
necessary with respect to requirements related to endangered species, 
cultural resources, and clean air.
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