[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2074 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 2074
To establish a procedure for the conveyance of certain Federal property
around the Jamestown Reservoir in the State of North Dakota, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 2, 2017
Mr. Hoeven introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To establish a procedure for the conveyance of certain Federal property
around the Jamestown Reservoir in the State of North Dakota, 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. JAMESTOWN RESERVOIR LAND CONVEYANCES.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means Stutsman County Park
Board in Jamestown, North Dakota (or a successor in interest to
that entity).
(2) Federal land.--The term ``Federal land'' means the
approximately 4,494.30 acres of Federal land--
(A) associated with the Jamestown Reservoir;
(B) managed by, or subject to a permit of--
(i) the Board;
(ii) the State; or
(iii) a permittee; and
(C) as generally described in the management
agreement numbered 15-LM-60-2255 and entitled
``Management Agreement between the Bureau of
Reclamation, et al., and the Stutsman County Park Board
for the Development, Management, Operation, and
Maintenance of Lands and Recreation Facilities at
Jamestown Reservoir''.
(3) Jamestown reservoir.--The term ``Jamestown Reservoir''
means the Jamestown Reservoir constructed as a unit of the
Missouri-Souris Division, Pick-Sloan Missouri Basin Program, as
authorized by section 9 of the Act of December 22, 1944
(commonly known as the ``Flood Control Act of 1944'') (58 Stat.
891, chapter 665).
(4) Permittee.--The term ``permittee'' means the holder (or
any successor in interest to the holder) of a permit for a
property.
(5) Property.--The term ``property'' means any cabin site
located on Federal land for which a permit is in effect on the
date of enactment of this Act.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(7) State.--The term ``State'' means the State of North
Dakota, acting through the North Dakota Game and Fish
Department.
(b) Purchase of Property by Permittee; Transfers to Board and
State.--
(1) Option.--The Secretary shall provide to the permittee
of a property the first option to purchase that property in
accordance with paragraph (3) for fair market value, subject to
the condition that the permittee shall pay to the Board any
outstanding permit fees before the permittee may exercise the
option to purchase.
(2) Determination of fair market value.--
(A) In general.--For purposes of this subsection,
the fair market value of a property shall be determined
by the Secretary--
(i) using a local, third-party appraiser;
(ii) in accordance with--
(I) the Uniform Standards of
Professional Appraisal Practice; and
(II) the Uniform Appraisal
Standards for Federal Land Acquisition;
(iii) to the extent appropriate in
accordance with the valuation policy of the
Department of the Interior; and
(iv) valuing the property as unimproved
residential property, excluding all
improvements.
(B) Disputes.--Any dispute regarding the fair
market value of a property shall be resolved in
accordance with section 2201.4 of title 43, Code of
Federal Regulations (or successor regulations).
(3) Purchase.--
(A) In general.--On an election by a permittee to
exercise the option to purchase a property pursuant to
paragraph (1), the Secretary shall convey to the
permittee, for fair market value--
(i) all right, title, and interest of the
United States in and to the property, subject
to valid existing rights and the operational
requirements of the Jamestown Reservoir; and
(ii) sole use, perpetual easements for--
(I) vehicular access to the
property;
(II) access to, and use of, one or
more docks for the property;
(III) access to, and use of, all
boathouses, ramps, retaining walls, and
other improvements for which access is
provided in the permit for use of the
property as of the date of enactment of
this Act; and
(IV) access to water for irrigation
with a water service contract.
(B) Period for conveyance.--The Secretary shall
convey to a permittee a property pursuant to
subparagraph (A) during the period--
(i) beginning on the date of enactment of
this Act; and
(ii) ending on the date that is 5 years
after that date of enactment.
(4) Transfers to board and state.--
(A) Failure to purchase.--
(i) In general.--If a permittee fails to
exercise the option to purchase a property
under paragraph (3) by the date that is 5 years
after the date of enactment of this Act, the
Secretary shall transfer the property to the
Board, subject to clause (ii), without cost.
(ii) Sale by board of transferred
property.--If the Board sells or enters into
one or more agreements to sell a property
transferred under clause (i) during the 3-year
period beginning on the date of the transfer,
the Board shall pay to the Secretary all
proceeds of the sale that are in excess of the
costs of the Board.
(B) Certain other land.--Effective beginning on the
date that is 5 years after the date of enactment of
this Act, the Secretary shall transfer--
(i) to the Board, without cost, Federal
land managed by the Board as of that date of
enactment, on which no cabin is located; and
(ii) to the State, without cost, land
leased by the State as of that date of
enactment.
(c) Oil, Gas, Mineral, and Other Outstanding Rights.--Each
conveyance to a permittee, and each transfer to the Board or State,
pursuant to subsection (b) shall be made subject to--
(1) oil, gas, and other mineral rights reserved of record,
as of the date of enactment of this Act, by, or in favor of,
the United States or a third party;
(2) any permit, license, lease, right-of-use, flowage
easement, or right-of-way of record in, on, over, or across the
applicable property or Federal land, whether owned by the
United States or a third party, as of the date of enactment of
this Act;
(3) any reversion back to the United States of land (other
than land described in subsection (b)(4)(A)(i) or land
transferred under subsection (b)(4)(B)(i) that is designated by
the Secretary as a recreation area as of the date of enactment
of this Act) transferred to the Board or State under subsection
(b), if the applicable property is no longer used for the
purpose of public access or recreation; and
(4) any flowage easement reserved by the United States to
allow full operation of Jamestown Reservoir for authorized
purposes.
(d) Liability; Taking.--
(1) Liability.--The United States shall not be liable for
flood damage to the property of a permittee, the Board, or the
State, or for damages arising out of any act, omission, or
occurrence relating to a lot to which a permit applies, other
than for damages caused by an act or omission of the United
States or an employee, agent, or contractor of the United
States before the date of enactment of this Act.
(2) Taking.--Any temporary flooding or flood damage to the
property of a permittee, the Board, or the State, shall not be
considered to be a taking by the United States.
(e) Requirements Relating to Conveyances and Transfers.--
(1) Interim requirements.--During the period beginning on
the date of enactment of this Act and ending on the date of
conveyance or transfer of a property or land, the provisions of
the management agreement referred to in subsection (a)(2)(C)
that are applicable to the property or land, or to leases
between the State and the Secretary, shall remain in force and
effect.
(2) Legal descriptions.--Not later than 2 years after the
date of enactment of this Act, the Secretary, in consultation
with the Board and the State, shall provide to the Board, the
State, and each applicable permittee a legal description of all
properties and land that may be conveyed or transferred
pursuant to this section.
(3) Restriction on conveyance.--Effective beginning on the
date of enactment of this Act--
(A) a permittee may not build any new permanent
structure below a flood pool elevation of 1,454 feet;
and
(B) if a permittee builds a structure described in
subparagraph (A), the property of the permittee shall
revert to the Board.
(f) Proceeds From Sales of Federal Land.--Any revenues from a sale
of Federal land pursuant to this section shall be made available to the
Secretary, without further appropriation, for--
(1) the costs to the Secretary of carrying out this
section, including any costs of carrying out subsections
(b)(2)(A) and (e)(2); and
(2) deferred maintenance activities relating to the
operation of the dam in the Jamestown Reservoir.
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