[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 440 Enrolled Bill (ENR)]

        S.440

                     One Hundred Fifteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
           the third day of January, two thousand and eighteen


                                 An Act


 
To establish a procedure for the conveyance of certain Federal property 
      around the Dickinson Reservoir in the State of North Dakota.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.