[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 440 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 440
To establish a procedure for the conveyance of certain Federal property
around the Dickinson Reservoir in the State of North Dakota.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 17 (legislative day, February 16), 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
_______________________________________________________________________
A BILL
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. PATTERSON LAKE LAND CONVEYANCES.
(a) Definitions.--In this section:
(1) Department.--The term ``Department'' means Dickinson
Parks & Recreation in Dickinson, North Dakota (or a successor
in interest to that entity).
(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) Permittee.--The term ``permittee'' means the holder of
a permit for a property.
(4) Property.--The term ``property'' means any one of the
cabin sites located on Federal property around the Dickinson
Reservoir for which a permit is in effect on the date of
enactment of this Act.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(b) Purchase of Property by Permittee; Transfers to Department.--
(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 Department
any outstanding permit fees before the permittee may exercise
the option to purchase.
(2) Determination of fair market value.--
(A) In general.--For purposes of this subsection,
the fair market value of a property shall be determined
by a local, third-party appraiser, valuing the property
as unimproved residential property, excluding all
improvements.
(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).
(3) Purchase.--
(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--
(i) all right, title, and interest of the
United States in and to the property, subject
to valid existing rights; and
(ii) easements for--
(I) vehicular access to the
property;
(II) access to, and use of, a dock
for the property; and
(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.
(B) Period for conveyance.--The Secretary shall
convey to a permittee a property pursuant to
subparagraph (A) during the period--
(i) beginning on the date of enactment of
this Act; and
(ii) ending on the date that is 2 years
after that date of enactment.
(4) Transfers to department.--
(A) Failure to purchase.--If a permittee fails to
exercise the option to purchase a property under
paragraph (3) by the date that is 2 years after the
date of enactment of this Act, the Secretary shall
transfer the property to the Department, without cost.
(B) Certain other land.--Effective beginning on the
date that is 2 years after the date of enactment of
this Act, the Secretary shall transfer to the
Department, without cost, land managed by the
Department as of the date of enactment, on which no
cabin is located.
(c) Oil, Gas, Mineral, and Other Outstanding Rights.--Each
conveyance to a permittee, and each transfer to the Department,
pursuant to subsection (b) shall be made subject to--
(1) oil, gas, and other mineral rights reserved of record,
as of the date of enactment of this Act, by, or in favor of, a
third party; and
(2) any permit, license, lease, right-of-use, or right-of-
way of record in, on, over, or across the applicable property
or land that is outstanding to a third party as of the date of
enactment of this Act.
(d) Liability; Taking.--
(1) Liability.--The United States shall not be liable for
flood damage to the personal property of a permittee 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.
(2) Taking.--Any temporary flooding or flood damage to the
personal property of a permittee shall not be considered to be
a taking by the United States.
(e) Requirements Relating to Conveyances and Transfers.--
(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 document 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'' that are applicable to the property or
land shall remain in force and effect.
(2) Legal descriptions.--Not later than 180 days after the
date of enactment of this Act, the Secretary, in consultation
with the Department, shall provide to the Department a legal
description of all properties and land that may be conveyed or
transferred pursuant to this section.
(3) Restriction on conveyance.--Effective beginning on the
date of enactment of this Act--
(A) a permittee may not build any new permanent
structure below an elevation of 2,430 feet; and
(B) if a permittee builds a structure described in
subparagraph (A), the property of the permittee shall
revert to the Department.
(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--
(1) the costs to the Secretary of carrying out this
section; and
(2) deferred maintenance activities relating to the
operation of the dam in the Dickinson Reservoir.
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