[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