[Congressional Record Volume 164, Number 165 (Thursday, October 4, 2018)]
[Senate]
[Pages S6549-S6550]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




ESTABLISHING A PROCEDURE FOR THE CONVEYANCE OF CERTAIN FEDERAL PROPERTY 
                     AROUND THE DICKINSON RESERVOIR

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 533, S. 440.
  The PRESIDING OFFICER. The clerk will report the bill by title.


 =========================== NOTE =========================== 

  
  On page S6549, October 4, 2018, second column, the following 
appears: ESTABLISHING A PROCEDURE FOR THE CONVEYANCE OF CERTAIN 
FEDERAL PROPERTY AROUND THE DICKINSON RESERVOIR Mr. McCONNELL. Mr. 
President, I ask unanimous consent that the Senate proceed to the 
immediate consideration of Calendar No. 553, S. 440. The PRESIDING 
OFFICER. The clerk will report the bill by title.
  
  The online Record has been corrected to read: ESTABLISHING A 
PROCEDURE FOR THE CONVEYANCE OF CERTAIN FEDERAL PROPERTY AROUND 
THE DICKINSON RESERVOIR Mr. McCONNELL. Mr. President, I ask 
unanimous consent that the Senate proceed to the immediate 
consideration of Calendar No. 533, S. 440. The PRESIDING OFFICER. 
The clerk will report the bill by title.


 ========================= END NOTE ========================= 

  The senior assistant legislative clerk read as follows:

       A bill (S. 440) to establish a procedure for the conveyance 
     of certain Federal property around the Dickinson Reservoir in 
     the State of North Dakota.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Energy and Natural 
Resources, with an amendment to strike all after the enacting clause 
and insert in lieu thereof the following:

     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

[[Page S6550]]

     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, 
     without further appropriation, 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.

  Mr. McCONNELL. Mr. President, I further ask unanimous consent that 
the committee-reported substitute amendment be agreed to; and that the 
bill, as amended, be considered read a third time and passed and the 
motion to reconsider be considered made and laid upon the table with no 
intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  The bill (S. 440), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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