[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4347 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4347

   To provide for the conveyance of certain Federal land at Swanson 
 Reservoir and Hugh Butler Reservoir in the State of Nebraska, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 15, 2024

 Mrs. Fischer (for herself, Mr. Ricketts, Mr. Marshall, and Mr. Moran) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To provide for the conveyance of certain Federal land at Swanson 
 Reservoir and Hugh Butler Reservoir in the State of Nebraska, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Swanson and Hugh Butler Reservoirs 
Land Conveyances Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Fair market value.--The term ``fair market value'', 
        with respect to a specified property right, means the most 
        probable price, as of a specified date, in cash, terms 
        equivalent to cash, or other precisely revealed terms, for 
        which the specified property right should sell after reasonable 
        exposure in a competitive market under all conditions requisite 
        for a fair sale, with the buyer and seller each acting 
        prudently, knowledgeably, and in the self-interest of the buyer 
        or seller, as applicable, and assuming that the buyer and 
        seller are not under undue duress.
            (2) Frontier county.--The term ``Frontier County'' means 
        Frontier County, Nebraska, acting through the Board of 
        Commissioners of Frontier County.
            (3) Hitchcock county.--The term ``Hitchcock County'' means 
        Hitchcock County, Nebraska, acting through the Board of 
        Commissioners of Hitchcock County.
            (4) Hugh butler reservoir.--The term ``Hugh Butler 
        Reservoir'' means the Hugh Butler Lake and Red Willow Dam 
        constructed as part of the Pick-Sloan Missouri Basin Program, 
        Frenchman-Cambridge Division, 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).
            (5) Lakeview lodge management agreement.--The term 
        ``Lakeview Lodge Management Agreement'' means the management 
        agreement entitled ``Management Agreement between the Bureau of 
        Reclamation, et al., for the Development, Operation, and 
        Maintenance of a Concession Operation at Swanson Reservoir'', 
        numbered 23-LM-60-4160, and dated March 1, 2022.
            (6) Lakeview lodge permitted concession land.--The term 
        ``Lakeview Lodge Permitted Concession Land'' means the 
        approximately 21.5 acres of land and water for the operation of 
        a public concession at Swanson Reservoir--
                    (A) located in the NE\1/4\NE\1/4\ sec. 9, T. 2 N., 
                R. 34 W., sixth principal meridian;
                    (B) as generally depicted on the map prepared by 
                the Bureau of Reclamation entitled ``Lakeview Lodge 
                Concession Boundary'' and dated August 2023; and
                    (C) as further defined by a land survey, as the 
                Secretary determines to be appropriate.
            (7) Property.--The term ``property'' means any cabin or 
        trailer site--
                    (A) with respect to which a permit is in effect on 
                the date of enactment of this Act; and
                    (B) that is located on--
                            (i) the Lakeview Lodge Permitted Concession 
                        Land;
                            (ii) the Red Willow Permitted Cabin Land;
                            (iii) the Red Willow Permitted Concession 
                        Land;
                            (iv) the Swanson Permitted Cabin Land; or
                            (v) the Swanson Permitted Concession Land.
            (8) Red willow management agreement.--The term ``Red Willow 
        Management Agreement'' means the management agreement entitled 
        ``Management Agreement between the Bureau of Reclamation, et 
        al., for the Development, Management, Operation, and 
        Maintenance of a Concession Operation at Hugh Butler 
        Reservoir'', numbered 24-LM-60-5155, and dated May 1, 2024.
            (9) Red willow permitted cabin land.--The term ``Red Willow 
        Permitted Cabin Land'' means the approximately 6.5 acres of 
        land encompassing the 8 permitted cabin lots at the Hugh Butler 
        Reservoir--
                    (A) located in the S\1/2\ sec. 35, T. 5 N., R. 30 
                W., sixth principal meridian;
                    (B) as generally depicted on the map prepared by 
                the Bureau of Reclamation entitled ``Red Willow Cabin 
                Map'' and dated March 2024; and
                    (C) as further defined by a land survey, as the 
                Secretary determines to be appropriate.
            (10) Red willow permitted concession land.--The term ``Red 
        Willow Permitted Concession Land'' means the approximately 23 
        acres of land and water for the operation of a public service 
        concession at the Hugh Butler Reservoir--
                    (A) located in the E\1/2\ sec. 25, T. 5 N., R. 30 
                W., sixth principal meridian;
                    (B) as generally depicted on the map prepared by 
                the Bureau of Reclamation entitled ``Red Willow 
                Concession Boundary'' and dated August 2023; and
                    (C) as further defined by a land survey, as the 
                Secretary determines to be appropriate.
            (11) Requested federal land.--The term ``requested Federal 
        land'' means each of the following parcels of land, or any 
        subset of those parcels, with respect to which a title transfer 
        agreement is executed:
                    (A) The Lakeview Lodge Permitted Concession Land.
                    (B) The Red Willow Permitted Cabin Land.
                    (C) The Red Willow Permitted Concession Land.
                    (D) The Swanson Permitted Cabin Land.
                    (E) The Swanson Permitted Concession Land.
            (12) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.
            (13) State.--The term ``State'' means the State of 
        Nebraska.
            (14) Swanson management agreement.--The term ``Swanson 
        Management Agreement'' means the management agreement entitled 
        ``Management Agreement between the Bureau of Reclamation, et 
        al., for the Development, Management, Operation, and 
        Maintenance of Concession Operation at Swanson Reservoir'', 
        numbered 23-LM-60-4170, and dated May 1, 2023.
            (15) Swanson permitted cabin land.--The term ``Swanson 
        Permitted Cabin Land'' means the approximately 6.2 acres of 
        land encompassing the 11 permitted cabin lots at the Swanson 
        Reservoir--
                    (A) located in the N\1/2\ sec. 18, S\1/2\ sec. 7, 
                T. 2 N., R. 33 W., sixth principal meridian;
                    (B) as generally depicted on the map prepared by 
                the Bureau of Reclamation entitled ``Swanson Cabin 
                Map'' and dated March 2024; and
                    (C) as further defined by a land survey, as the 
                Secretary determines to be appropriate.
            (16) Swanson permitted concession land.--The term ``Swanson 
        Permitted Concession Land'' means the approximately 20 acres of 
        land and water for the operation of a public service concession 
        at the Swanson Reservoir--
                    (A) located in the N\1/2\ sec. 17, T. 2 N., R. 33 
                W., sixth principal meridian;
                    (B) as generally depicted on the map prepared by 
                the Bureau of Reclamation entitled ``Swanson Concession 
                Boundary'' and dated August 2023; and
                    (C) as further defined by a land survey, as the 
                Secretary determines to be appropriate.
            (17) Swanson reservoir.--The term ``Swanson Reservoir'' 
        means the Swanson Reservoir and Trenton Dam constructed as part 
        of the Pick-Sloan Missouri Basin Program, Frenchman-Cambridge 
        Division, 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).
            (18) Title transfer agreement.--The term ``title transfer 
        agreement'' means a title transfer agreement between the 
        Secretary and Frontier County or Hitchcock County, as 
        applicable, entered into pursuant to a memorandum of agreement 
        to determine the legal, institutional, and financial terms for 
        the conveyance of the Lakeview Lodge Permitted Concession Land, 
        Red Willow Permitted Cabin Land, Red Willow Permitted 
        Concession Land, Swanson Permitted Cabin Land, or Swanson 
        Permitted Concession Land, as applicable.

SEC. 3. CONVEYANCES OF FEDERAL LAND TO HITCHCOCK COUNTY AND FRONTIER 
              COUNTY, NEBRASKA.

    (a) Conveyance to Hitchcock County.--
            (1) Title transfer agreement.--Subject to paragraphs (2) 
        and (6) and sections 4 and 5, not later than 3 years after the 
        date of enactment of this Act, the Secretary shall enter into 
        good faith negotiations to enter into a title transfer 
        agreement with Hitchcock County under which the Secretary shall 
        convey to Hitchcock County all requested right, title, and 
        interest of the United States in and to the Swanson Permitted 
        Cabin Land, the Swanson Permitted Concession Land, or the 
        Lakeview Lodge Permitted Concession Land, as applicable.
            (2) Prohibition on subdivision.--A title transfer agreement 
        entered into pursuant to paragraph (1) shall be subject to the 
        condition that the Swanson Permitted Cabin Land, the Swanson 
        Permitted Concession Land, or the Lakeview Lodge Permitted 
        Concession Land, as applicable--
                    (A) shall be conveyed in whole; and
                    (B) shall not be subdivided.
            (3) Offer to convey.--As soon as practicable after the date 
        on which a title transfer agreement is entered into pursuant to 
        paragraph (1), the Secretary shall offer to convey to Hitchcock 
        County all right, title, and interest of the United States in 
        and to the Swanson Permitted Cabin Land, the Swanson Permitted 
        Concession Land, or the Lakeview Lodge Permitted Concession 
        Land, as applicable, in accordance with paragraph (2) and the 
        terms and conditions described in the title transfer agreement.
            (4) Memorandum of agreement.--
                    (A) In general.--As soon as practicable after the 
                date of enactment of this Act, the Secretary shall 
                enter into a memorandum of agreement with Hitchcock 
                County to establish and define the roles and 
                responsibilities for actions required to convey to 
                Hitchcock County the Swanson Permitted Cabin Land, 
                Swanson Permitted Concession Land, or Lakeview Lodge 
                Permitted Concession Land, as applicable, in accordance 
                with the title transfer agreement.
                    (B) Requirement.--The memorandum of agreement 
                entered into under subparagraph (A) shall include the 
                establishment of a plan for--
                            (i) the demonstration by Hitchcock County 
                        of--
                                    (I) the technical capability of 
                                Hitchcock County to operate and 
                                maintain the Swanson Permitted Cabin 
                                Land, Swanson Permitted Concession 
                                Land, or Lakeview Lodge Permitted 
                                Concession Land, as applicable, 
                                permanently; and
                                    (II) the ability of Hitchcock 
                                County to satisfy financial obligations 
                                relating to the Swanson Permitted Cabin 
                                Land, Swanson Permitted Concession 
                                Land, or Lakeview Lodge Permitted 
                                Concession Land, as applicable; and
                            (ii) the management by Hitchcock County of 
                        the Swanson Permitted Cabin Land, Swanson 
                        Permitted Concession Land, or Lakeview Lodge 
                        Permitted Concession Land, as applicable, to be 
                        conveyed in accordance with the memorandum of 
                        agreement, including addressing any issues to 
                        ensure compliance with applicable State fire, 
                        safety, and health codes and standards not 
                        later than 2 years after the date of the 
                        applicable conveyance.
            (5) Costs.--
                    (A) Consideration.--
                            (i) In general.--As consideration for the 
                        conveyance of the Swanson Permitted Cabin Land, 
                        Swanson Permitted Concession Land, or Lakeview 
                        Lodge Permitted Concession Land, as applicable, 
                        under paragraph (1), Hitchcock County shall 
                        provide compensation to the reclamation fund 
                        established by the first section of the Act of 
                        June 17, 1902 (32 Stat. 388, chapter 1093), in 
                        an amount equal to the fair market value of the 
                        Swanson Permitted Cabin Land, Swanson Permitted 
                        Concession Land, or Lakeview Lodge Permitted 
                        Concession Land, respectively, as determined by 
                        an appraisal conducted--
                                    (I) in accordance with clause (ii);
                                    (II) by a third-party appraiser 
                                approved by the Secretary; and
                                    (III) subject to the management 
                                requirements under paragraph (6) and 
                                section 4.
                            (ii) Appraisal requirements.--
                                    (I) In general.--An appraisal under 
                                clause (i) shall be conducted in 
                                accordance with the Uniform Standards 
                                of Professional Appraisal Practice.
                                    (II) Exclusion.--For purposes of 
                                clause (i), any improvements to the 
                                Swanson Permitted Cabin Land, the 
                                Swanson Permitted Concession Land, or 
                                the Lakeview Lodge Permitted Concession 
                                Land, as applicable, made by a permit 
                                holder shall not be included in the 
                                appraised value of the Swanson 
                                Permitted Cabin Land, Swanson Permitted 
                                Concession Land, or Lakeview Lodge 
                                Permitted Concession Land, 
                                respectively.
                                    (III) Resolution of dispute.--Any 
                                dispute over the fair market value of 
                                the Swanson Permitted Cabin Land, the 
                                Swanson Permitted Concession Land, or 
                                the Lakeview Lodge Permitted Concession 
                                Land under an appraisal conducted under 
                                clause (i) shall be resolved in 
                                accordance with section 2201.4 of title 
                                43, Code of Federal Regulations (or a 
                                successor regulation).
                                    (IV) Consideration of revenues.--An 
                                appraisal under clause (i) shall take 
                                into consideration any future income 
                                stream that the United States would 
                                have derived from the Swanson Permitted 
                                Cabin Land, the Swanson Permitted 
                                Concession Land, or the Lakeview Lodge 
                                Permitted Concession Land, as 
                                applicable, at the time of the 
                                conveyance, including revenues to the 
                                United States--
                                            (aa) from existing water 
                                        service and repayment 
                                        contracts;
                                            (bb) from known or 
                                        reasonably foreseeable new 
                                        contracts or renewals;
                                            (cc) as aid to irrigation; 
                                        and
                                            (dd) from any other 
                                        authorized source.
                    (B) Conveyance costs.--
                            (i) In general.--Hitchcock County shall be 
                        responsible for paying, in advance of the 
                        conveyance of the Swanson Permitted Cabin Land, 
                        Swanson Permitted Concession Land, or Lakeview 
                        Lodge Permitted Concession Land, as applicable, 
                        under paragraph (1), the estimated costs 
                        associated with the conveyance, as determined 
                        by the Secretary.
                            (ii) Inclusions.--Conveyance costs under 
                        clause (i) may include--
                                    (I) any transaction, survey, and 
                                administrative costs necessary for the 
                                preparation and completion of transfer 
                                of title;
                                    (II) the costs of legal instruments 
                                and deeds;
                                    (III) the costs of compliance with 
                                the National Environmental Policy Act 
                                of 1969 (42 U.S.C. 4321 et seq.) and 
                                other applicable Federal laws; and
                                    (IV) the costs of any other 
                                conveyance procedures determined to be 
                                necessary by the Secretary.
            (6) Management.--Hitchcock County shall manage the Swanson 
        Permitted Cabin Land, the Swanson Permitted Concession Land, or 
        the Lakeview Lodge Permitted Concession Land, as applicable, 
        conveyed under paragraph (1)--
                    (A) for substantially the same purposes for which 
                the Swanson Permitted Cabin Land, Swanson Permitted 
                Concession Land, or Lakeview Lodge Permitted Concession 
                Land, respectively, is being used as of the date of 
                enactment of this Act; or
                    (B) for--
                            (i) 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) public access;
                            (iii) fish and wildlife habitat; or
                            (iv) the preservation of the natural 
                        character of the Swanson Permitted Cabin Land, 
                        Swanson Permitted Concession Land, or Lakeview 
                        Lodge Permitted Concession Land, respectively.
    (b) Conveyance to Frontier County.--
            (1) Title transfer agreement.--Subject to paragraphs (2) 
        and (6) and sections 4 and 5, not later than 3 years after the 
        date of enactment of this Act, the Secretary shall enter into 
        good faith negotiations to enter into a title transfer 
        agreement with Frontier County under which the Secretary shall 
        convey to Frontier County all requested right, title, and 
        interest of the United States in and to the Red Willow 
        Permitted Cabin Land or the Red Willow Permitted Concession 
        Land, as applicable.
            (2) Prohibition on subdivision.--A title transfer agreement 
        entered into pursuant to paragraph (1) shall be subject to the 
        condition that the Red Willow Permitted Cabin Land or the Red 
        Willow Permitted Concession Land, as applicable--
                    (A) shall be conveyed in whole; and
                    (B) shall not be subdivided.
            (3) Offer to convey.--As soon as practicable after the date 
        on which a title transfer agreement is entered into pursuant to 
        paragraph (1), the Secretary shall offer to convey to Frontier 
        County all right, title, and interest of the United States in 
        and to the Red Willow Permitted Cabin Land or the Red Willow 
        Permitted Concession Land, as applicable, in accordance with 
        paragraph (2) and the terms and conditions described in the 
        title transfer agreement.
            (4) Memorandum of agreement.--
                    (A) In general.--As soon as practicable after the 
                date of enactment of this Act, the Secretary shall 
                enter into a memorandum of agreement with Frontier 
                County to establish and define the roles and 
                responsibilities for actions required to convey to 
                Frontier County the Red Willow Permitted Cabin Land or 
                Red Willow Permitted Concession Land, as applicable, in 
                accordance with the title transfer agreement.
                    (B) Requirement.--The memorandum of agreement 
                entered into under subparagraph (A) shall include the 
                establishment of a plan for--
                            (i) the demonstration by Frontier County 
                        of--
                                    (I) the technical capability of 
                                Frontier County to operate and maintain 
                                the Red Willow Permitted Cabin Land or 
                                Red Willow Permitted Concession Land, 
                                as applicable, permanently; and
                                    (II) the ability of Frontier County 
                                to satisfy financial obligations 
                                relating to the Red Willow Permitted 
                                Cabin Land or Red Willow Permitted 
                                Concession Land, as applicable; and
                            (ii) the management by Frontier County of 
                        the Red Willow Permitted Cabin Land or Red 
                        Willow Permitted Concession Land, as 
                        applicable, to be conveyed in accordance with 
                        the memorandum of agreement, including 
                        addressing any issues to ensure compliance with 
                        applicable State fire, safety, and health codes 
                        and standards not later than 2 years after the 
                        date of the conveyance.
            (5) Costs.--
                    (A) Consideration.--
                            (i) In general.--As consideration for the 
                        conveyance of the Red Willow Permitted Cabin 
                        Land or Red Willow Permitted Concession Land, 
                        as applicable, under paragraph (1), Frontier 
                        County shall provide compensation to the 
                        reclamation fund established by the first 
                        section of the Act of June 17, 1902 (32 Stat. 
                        388, chapter 1093), in an amount equal to the 
                        fair market value of the Red Willow Permitted 
                        Cabin Land or Red Willow Permitted Concession 
                        Land, respectively, as determined by an 
                        appraisal conducted--
                                    (I) in accordance with clause (ii);
                                    (II) by a third-party appraiser 
                                approved by the Secretary; and
                                    (III) subject to the management 
                                requirements under paragraph (6) and 
                                section 4.
                            (ii) Appraisal requirements.--
                                    (I) In general.--An appraisal under 
                                clause (i) shall be conducted in 
                                accordance with the Uniform Standards 
                                of Professional Appraisal Practice.
                                    (II) Exclusion.--For purposes of 
                                clause (i), any improvements to the Red 
                                Willow Permitted Cabin Land or the Red 
                                Willow Permitted Concession Land, as 
                                applicable, made by a permit holder 
                                shall not be included in the appraised 
                                value of the Red Willow Permitted Cabin 
                                Land or Red Willow Permitted Concession 
                                Land, respectively.
                                    (III) Resolution of dispute.--Any 
                                dispute over the fair market value of 
                                the Red Willow Permitted Cabin Land or 
                                the Red Willow Permitted Concession 
                                Land, as applicable, under an appraisal 
                                conducted under clause (i) shall be 
                                resolved in accordance with section 
                                2201.4 of title 43, Code of Federal 
                                Regulations (or a successor 
                                regulation).
                                    (IV) Consideration of revenues.--An 
                                appraisal under clause (i) shall take 
                                into consideration any future income 
                                stream that the United States would 
                                have derived from the Red Willow 
                                Permitted Cabin Land or the Red Willow 
                                Permitted Concession Land, as 
                                applicable, at the time of the 
                                conveyance, including revenues to the 
                                United States--
                                            (aa) from existing water 
                                        service and repayment 
                                        contracts;
                                            (bb) from known or 
                                        reasonably foreseeable new 
                                        contracts or renewals;
                                            (cc) as aid to irrigation; 
                                        and
                                            (dd) from any other 
                                        authorized source.
                    (B) Conveyance costs.--
                            (i) In general.--Frontier County shall be 
                        responsible for paying, in advance of the 
                        conveyance of the Red Willow Permitted Cabin 
                        Land or Red Willow Permitted Concession Land, 
                        as applicable, under paragraph (1), the 
                        estimated costs associated with the conveyance, 
                        as determined by the Secretary.
                            (ii) Inclusions.--Conveyance costs under 
                        clause (i) may include--
                                    (I) any transaction, survey, and 
                                administrative costs necessary for the 
                                preparation and completion of transfer 
                                of title;
                                    (II) the costs of legal instruments 
                                and deeds;
                                    (III) the costs of compliance with 
                                the National Environmental Policy Act 
                                of 1969 (42 U.S.C. 4321 et seq.) and 
                                other applicable Federal laws; and
                                    (IV) the costs of any other 
                                conveyance procedures determined to be 
                                necessary by the Secretary.
            (6) Management.--Frontier County shall manage the Red 
        Willow Permitted Cabin Land or the Red Willow Permitted 
        Concession Land, as applicable, conveyed under paragraph (1)--
                    (A) for substantially the same purposes for which 
                the Red Willow Permitted Cabin Land or Red Willow 
                Permitted Concession Land, respectively, is being used 
                as of the date of enactment of this Act; or
                    (B) for--
                            (i) 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) public access;
                            (iii) fish and wildlife habitat; or
                            (iv) the preservation of the natural 
                        character of the Red Willow Permitted Cabin 
                        Land or Red Willow Permitted Concession Land, 
                        respectively.
    (c) Reclamation Title Transfer Procedures.--Any procedures for the 
conveyance of requested Federal land under subsection (a) or (b) shall 
comply with the requirements contained in the Reclamation Manual 
Directives and Standards numbered CMP 11-01 (as in effect on the date 
of enactment of this Act), as determined to be applicable by the 
Secretary.
    (d) Subsequent Conveyance of Requested Federal Land.--
            (1) In general.--Except as provided in paragraph (2), on 
        completion of a conveyance to Hitchcock County or Frontier 
        County, as applicable, of requested Federal land under 
        subsection (a) or (b), Hitchcock County or Frontier County may 
        not subsequently reconvey the applicable requested Federal 
        land.
            (2) Exceptions.--Notwithstanding paragraph (1), Hitchcock 
        County or Frontier County may subsequently convey requested 
        Federal land if--
                    (A) the requested Federal land is reconveyed, at no 
                cost, to an entity located in the State that is 
                recognized by the State as a publicly owned or 
                governmental organization, including--
                            (i) a State agency;
                            (ii) a county, city, village, or township 
                        in, or political subdivision of, the State;
                            (iii) a natural resource district; and
                            (iv) an irrigation or reclamation district;
                    (B) Hitchcock County or Frontier County, 
                respectively, has demonstrated an impending adverse 
                impact if the requested Federal land is not reconveyed;
                    (C) the entity to which the requested Federal land 
                would be reconveyed has the capacity to continue to 
                manage the requested Federal land for the same purposes 
                for which the requested Federal land has been managed 
                as of the date of enactment of this Act; and
                    (D) the requested Federal land to be reconveyed 
                would continue to be available for public access.
            (3) Future conveyances.--A subsequent conveyance of 
        requested Federal land shall be subject to the requirements of 
        this subsection and subsections (a)(6) and (b)(6), as 
        applicable.

SEC. 4. EFFECT ON RESERVATIONS, EASEMENTS, AND OTHER RIGHTS.

    (a) In General.--A conveyance under subsection (a) or (b) of 
section 3 shall be subject to--
            (1) valid existing rights;
            (2) operational requirements of the Pick-Sloan Missouri 
        River Basin Program 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 Swanson 
        Reservoir and Hugh Butler Reservoir;
            (3) any flowage easement reserved by the United States to 
        allow full operation of the Swanson Reservoir and Hugh Butler 
        Reservoir for authorized purposes, as applicable;
            (4) any applicable reservations described in--
                    (A) the Lakeview Lodge Management Agreement, Red 
                Willow Management Agreement, or Swanson Management 
                Agreement, as applicable; or
                    (B) an applicable cabin permit;
            (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, with respect to the 
        applicable requested Federal land;
            (6) any permit, license, lease, right-of-use, flowage 
        easement, or right-of-way of record in, on, over, or across the 
        applicable requested 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 the applicable requested Federal land 
        below an elevation of--
                    (A) 2,785 feet at Swanson Reservoir; or
                    (B) 2,628 feet at Hugh Butler Reservoir; and
            (8) the granting of applicable easements for--
                    (A) vehicular access to the applicable requested 
                Federal land; and
                    (B) access to, and use of, all docks, boathouses, 
                ramps, retaining walls, and other improvements for 
                which access is provided in a permit for the use of the 
                applicable requested Federal land 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, Hitchcock County, or Frontier 
        County, or for damages arising out of any act, omission, or 
        occurrence relating to a permit holder, Hitchcock County, or 
        Frontier County, 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) Hold harmless.--Hitchcock County, Frontier County, and 
        any entity to which requested Federal land is subsequently 
        conveyed pursuant to section 3(d)(2) shall agree to indemnify 
        and hold harmless the Unites States for all claims by Hitchcock 
        County, Frontier County, or others arising from--
                    (A) the design, construction, operation, 
                maintenance, or replacement of Red Willow Dam, Hugh 
                Butler Reservoir, Trenton Dam, or Swanson Reservoir;
                    (B) the survey of claims, description of claims, 
                delineation of boundaries, conveyance documents, 
                conveyance process, and recording of deeds associated 
                with a conveyance under this Act; or
                    (C) any damages associated with a structure or land 
                that may be displaced in a flood event.
            (3) No additional liability.--Nothing in this Act increases 
        the liability of the United States beyond the liability 
        provided under chapter 171 of title 28, United States Code 
        (commonly known as the ``Federal Tort Claims Act'').
            (4) Taking.--Any temporary flooding or flood damage to a 
        property, Hitchcock County, or Frontier County, 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 requested Federal land under 
subsection (a) or (b) of section 3, the provisions of the Lakeview 
Lodge Management Agreement, Red Willow Management Agreement, and 
Swanson Management Agreement, as applicable, and any applicable 
permits, shall remain in force and effect.

SEC. 6. COMPLIANCE WITH OTHER LAWS.

    (a) Environmental and Historic Preservation Laws.--Before conveying 
requested Federal land pursuant to subsection (a) or (b) of section 3, 
the Secretary shall carry out all activities with respect to the 
conveyance required under--
            (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
            (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.);
            (3) division A of subtitle III of title 54, United States 
        Code; and
            (4) any other applicable laws.
    (b) Compliance by Counties.--Effective on the date of conveyance of 
requested Federal land pursuant to subsection (a) or (b) of section 3, 
Hitchcock County and Frontier County shall comply with all applicable 
Federal, State, and local laws (including regulations) with respect to 
management of the conveyed requested Federal land, as applicable.
                                 <all>