[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2074 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 537
115th CONGRESS
  2d 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 (for himself and Ms. Heitkamp) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                             July 30, 2018

              Reported by Ms. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. JAMESTOWN RESERVOIR LAND CONVEYANCES.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Board.--The term ``Board'' means Stutsman 
        County Park Board in Jamestown, North Dakota (or a successor in 
        interest to that entity).</DELETED>
        <DELETED>    (2) Federal land.--The term ``Federal land'' means 
        the approximately 4,494.30 acres of Federal land--</DELETED>
                <DELETED>    (A) associated with the Jamestown 
                Reservoir;</DELETED>
                <DELETED>    (B) managed by, or subject to a permit 
                of--</DELETED>
                        <DELETED>    (i) the Board;</DELETED>
                        <DELETED>    (ii) the State; or</DELETED>
                        <DELETED>    (iii) a permittee; and</DELETED>
                <DELETED>    (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''.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (4) Permittee.--The term ``permittee'' means the 
        holder (or any successor in interest to the holder) of a permit 
        for a property.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (6) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior, acting through the Commissioner of 
        Reclamation.</DELETED>
        <DELETED>    (7) State.--The term ``State'' means the State of 
        North Dakota, acting through the North Dakota Game and Fish 
        Department.</DELETED>
<DELETED>    (b) Purchase of Property by Permittee; Transfers to Board 
and State.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Determination of fair market value.--
        </DELETED>
                <DELETED>    (A) In general.--For purposes of this 
                subsection, the fair market value of a property shall 
                be determined by the Secretary--</DELETED>
                        <DELETED>    (i) using a local, third-party 
                        appraiser;</DELETED>
                        <DELETED>    (ii) in accordance with--
                        </DELETED>
                                <DELETED>    (I) the Uniform Standards 
                                of Professional Appraisal Practice; 
                                and</DELETED>
                                <DELETED>    (II) the Uniform Appraisal 
                                Standards for Federal Land 
                                Acquisition;</DELETED>
                        <DELETED>    (iii) to the extent appropriate in 
                        accordance with the valuation policy of the 
                        Department of the Interior; and</DELETED>
                        <DELETED>    (iv) valuing the property as 
                        unimproved residential property, excluding all 
                        improvements.</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (3) Purchase.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) sole use, perpetual easements 
                        for--</DELETED>
                                <DELETED>    (I) vehicular access to 
                                the property;</DELETED>
                                <DELETED>    (II) access to, and use 
                                of, one or more docks for the 
                                property;</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (IV) access to water for 
                                irrigation with a water service 
                                contract.</DELETED>
                <DELETED>    (B) Period for conveyance.--The Secretary 
                shall convey to a permittee a property pursuant to 
                subparagraph (A) during the period--</DELETED>
                        <DELETED>    (i) beginning on the date of 
                        enactment of this Act; and</DELETED>
                        <DELETED>    (ii) ending on the date that is 5 
                        years after that date of enactment.</DELETED>
        <DELETED>    (4) Transfers to board and state.--</DELETED>
                <DELETED>    (A) Failure to purchase.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (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--
                </DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) to the State, without cost, 
                        land leased by the State as of that date of 
                        enactment.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) any flowage easement reserved by the United 
        States to allow full operation of Jamestown Reservoir for 
        authorized purposes.</DELETED>
<DELETED>    (d) Liability; Taking.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (e) Requirements Relating to Conveyances and Transfers.--
</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Restriction on conveyance.--Effective 
        beginning on the date of enactment of this Act--</DELETED>
                <DELETED>    (A) a permittee may not build any new 
                permanent structure below a flood pool elevation of 
                1,454 feet; and</DELETED>
                <DELETED>    (B) if a permittee builds a structure 
                described in subparagraph (A), the property of the 
                permittee shall revert to the Board.</DELETED>
<DELETED>    (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--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) deferred maintenance activities relating to 
        the operation of the dam in the Jamestown Reservoir.</DELETED>

SECTION 1. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the Stutsman County 
        Park Board in Jamestown, North Dakota.
            (2) Game and fish headquarters.--The term ``game and fish 
        headquarters'' means the land depicted as ``Game and Fish 
        Headquarters'' on the Map.
            (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) Management agreement.--The term ``Management 
        Agreement'' means the management agreement entitled 
        ``Management Agreement between the United States of America and 
        Stutsman County Park Board for the Management, Development, 
        Operation and Maintenance of Recreation and Related 
        Improvements and Facilities at Jamestown Reservoir Stutsman 
        County, North Dakota'', numbered 15-LM-60-2255, and dated 
        February 17, 2015.
            (5) Map.--The term ``Map'' means the map prepared by the 
        Bureau of Reclamation, entitled ``Jamestown Reservoir'', and 
        dated May 2018.
            (6) Permitted cabin land.--The term ``permitted cabin 
        land'' means the land depicted as ``Permitted Cabin Lands'' on 
        the Map.
            (7) Property.--The term ``property'' means any cabin site 
        located on permitted cabin land for which a permit is in effect 
        on the date of enactment of this Act.
            (8) Recreation land.--The term ``recreation land'' means 
        the land depicted as ``Recreation and Public Purpose Lands'' on 
        the Map.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.
            (10) State.--The term ``State'' means the State of North 
        Dakota, acting through the North Dakota Game and Fish 
        Department.

SEC. 2. CONVEYANCES TO STUTSMAN COUNTY PARK BOARD.

    (a) Conveyances to Stutsman County Park Board.--
            (1) In general.--Subject to the management requirements of 
        paragraph (3) and the easements and reservations under section 
        4, not later than 5 years after the date of enactment of this 
        Act, the Secretary shall convey to the Board all right, title, 
        and interest of the United States in and to--
                    (A) the recreation land; and
                    (B) the permitted cabin land.
            (2) Costs.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Secretary shall convey the land described in 
                paragraph (1) at no cost.
                    (B) Title transfer; land surveys.--As a condition 
                of the conveyances under paragraph (1), the Board shall 
                agree to pay all survey and other administrative costs 
                necessary for the preparation and completion of any 
                patents for, and transfers of title to, the land 
                described in paragraph (1).
            (3) Management.--
                    (A) Recreation land.--The Board shall manage the 
                recreation land conveyed under paragraph (1)--
                            (i) for recreation and public purposes 
                        consistent with the Act of June 14, 1926 
                        (commonly known as the ``Recreation and Public 
                        Purposes Act'') (44 Stat. 741, chapter 578; 43 
                        U.S.C. 869 et seq.);
                            (ii) for public access;
                            (iii) for fish and wildlife habitat; or
                            (iv) to preserve the natural character of 
                        the recreation land.
                    (B) Permitted cabin land.--The Board shall manage 
                the permitted cabin land conveyed under paragraph (1)--
                            (i) for cabins or recreational residences 
                        in existence as of the date of enactment of 
                        this Act; or
                            (ii) for any of the recreation land 
                        management purposes described in subparagraph 
                        (A).
            (4) Haying and grazing.--With respect to recreation land 
        conveyed under paragraph (1) that is used for haying or grazing 
        authorized by the Management Agreement as of the date of 
        enactment of this Act, the Board may continue to permit haying 
        and grazing in a manner that is permissible under the 1 or more 
        haying or grazing contracts in effect as of the date of 
        enactment of this Act.
    (b) Reversion.--If a parcel of land conveyed under subparagraph (A) 
or (B) of subsection (a)(1) is used in a manner that is inconsistent 
with the requirements described in subparagraph (A) or (B), 
respectively, of subsection (a)(3), the parcel of land shall, at the 
discretion of the Secretary, revert to the United States.
    (c) Sale of Permitted Cabin Land by Board.--
            (1) In general.--If the Board sells any parcel of permitted 
        cabin land conveyed under subsection (a)(1)(B), the parcel 
        shall be sold at fair market value, as determined by a third-
        party appraiser in accordance with the Uniform Standards of 
        Professional Appraisal Practice, subject to paragraph (2).
            (2) Improvements.--For purposes of an appraisal conducted 
        under paragraph (1), any improvements on the permitted cabin 
        land made by a permit holder shall not be included in the 
        appraised value of the land.
            (3) Proceeds from the sale of land by the board.--If the 
        Board sells a parcel of permitted cabin land conveyed under 
        subsection (a)(1)(B), the Board shall pay to the Secretary the 
        amount of any proceeds of the sale that exceed the costs of 
        preparing the sale by the Board.
    (d) Availability of Funds to the Secretary.--Any amounts paid to 
the Secretary for land conveyed by the Secretary under this Act shall 
be made available to the Secretary, without further appropriation, for 
activities relating to the operation of the Jamestown Dam and 
Reservoir.

SEC. 3. CONVEYANCE OF GAME AND FISH HEADQUARTERS TO THE STATE.

    (a) Conveyance of Game and Fish Headquarters.--Not later than 5 
years after the date of enactment of this Act, the Secretary shall 
convey to the State all right, title, and interest of the United States 
in and to the game and fish headquarters, on the condition that the 
game and fish headquarters continue to be used as a game and fish 
headquarters or substantially similar purposes.
    (b) Reversion.--If land conveyed under subsection (a) is used in a 
manner that is inconsistent with the requirements described in that 
subsection, the land shall, at the discretion of the Secretary, revert 
to the United States.

SEC. 4. RESERVATIONS, EASEMENTS, AND OTHER OUTSTANDING RIGHTS.

    (a) In General.--Each conveyance to the Board or the State pursuant 
to this Act shall be made subject to--
            (1) valid existing rights;
            (2) operational requirements of the Pick-Sloan Missouri 
        River 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), including the Jamestown 
        Reservoir;
            (3) any flowage easement reserved by the United States to 
        allow full operation of the Jamestown Reservoir for authorized 
        purposes;
            (4) reservations described in the Management Agreement;
            (5) 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;
            (6) 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;
            (7) a deed restriction that prohibits building any new 
        permanent structure on property below an elevation of 1,454 
        feet; and
            (8) the granting of applicable easements for--
                    (A) vehicular access to the property; and
                    (B) access to, and use of, all docks, 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.
    (b) Liability; Taking.--
            (1) Liability.--The United States shall not be liable for 
        flood damage to a property subject to a permit, the Board, or 
        the State, or for damages arising out of any act, omission, or 
        occurrence relating to a permit holder, the Board, or the 
        State, 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 permit holder, the Board, or the State, shall not 
        be considered to be a taking by the United States.

SEC. 5. INTERIM REQUIREMENTS.

    During the period beginning on the date of enactment of this Act 
and ending on the date of conveyance of a property or parcel of land 
under this Act, the provisions of the Management Agreement that are 
applicable to the property or land, or to leases between the State and 
the Secretary, and any applicable permits, shall remain in force and 
effect.
                                                       Calendar No. 537

115th CONGRESS

  2d Session

                                S. 2074

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             July 30, 2018

                       Reported with an amendment