[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.