[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 440 Engrossed Amendment House (EAH)]
<DOC>
In the House of Representatives, U. S.,
November 13, 2018.
Resolved, That the bill from the Senate (S. 440) entitled ``An Act
to establish a procedure for the conveyance of certain Federal property
around the Dickinson Reservoir in the State of North Dakota.'', do pass
with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means Dickinson
Parks & Recreation in Dickinson, North Dakota.
(2) Dickinson reservoir.--The term ``Dickinson Reservoir''
means the Dickinson Reservoir constructed as part of the
Dickinson Unit, Heart 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).
(3) Game and fish headquarters.--The term ``game and fish
headquarters'' means the approximately 10 acres of land
depicted as ``Game and Fish Headquarters'' on the Map.
(4) Management agreement.--The term ``Management
Agreement'' means the management agreement entitled
``Management Agreement between the Bureau of Reclamation, et
al., for the Development, Management, Operation, and
Maintenance of Lands and Recreation Facilities at Dickinson
Reservoir'', MA No. 07AG602222, Modification No. 1 and dated
March 15, 2017.
(5) Map.--The term ``Map'' means the map prepared by the
Bureau of Reclamation, entitled ``Dickinson Reservoir'', and
dated May 2018.
(6) Permitted cabin land.--The term ``permitted cabin
land'' means the land depicted as ``Permitted Cabin Land'' 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 DICKINSON DEPARTMENT OF PARKS AND RECREATION.
(a) Conveyances to Dickinson Department of Parks and Recreation.--
(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 Department 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 Department
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 Department 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 Department 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 Department 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 Department.--
(1) In general.--If the Department 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 the permit holder shall not be included in the
appraised value of the land.
(3) Proceeds from the sale of land by the department.--If
the Department sells a parcel of permitted cabin land conveyed
under subsection (a)(1)(B), the Department shall pay to the
Secretary the amount of any proceeds of the sale that exceed
the costs of preparing the sale by the Department.
(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, subject to the availability of
appropriations made in advance, for activities relating to the
operation of the Dickinson 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 Department 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 Dickinson
Reservoir;
(3) any flowage easement reserved by the United States to
allow full operation of Dickinson 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 2,430.6
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 Department,
or the State, or for damages arising out of any act, omission,
or occurrence relating to a permit holder, the Department, 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 Department, 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.
Attest:
Clerk.
115th CONGRESS
2d Session
S. 440
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AMENDMENT