[Congressional Record Volume 164, Number 179 (Tuesday, November 13, 2018)]
[House]
[Pages H9480-H9482]
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. LAMBORN. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 440) to establish a procedure for the conveyance of certain
Federal property around the Dickinson Reservoir in the State of North
Dakota, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 440
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
[[Page H9481]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Colorado (Mr. Lamborn) and the gentlewoman from Hawaii (Ms. Hanabusa)
each will control 20 minutes.
The Chair recognizes the gentleman from Colorado.
General Leave
Mr. LAMBORN. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Colorado?
There was no objection.
Mr. LAMBORN. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of S. 440, sponsored by Senator Hoeven of North
Dakota. This legislation is nearly identical to legislation sponsored
by our colleague who will soon be departing us, Congressman Kevin
Cramer, which was favorably reported by the Natural Resources Committee
in August.
This legislation would transfer small parcels of Federal land
immediately surrounding Dickinson Reservoir in North Dakota. This will
allow members of the local community to purchase the land under their
own homes, providing them with financial security and the community
with increased tax revenue that will be reinvested toward the upkeep of
the reservoir.
Other land will remain in use for recreation, public access, fish and
wildlife habitat, a fish and game headquarters, or preserved in its
natural character. If the land is not used for these purposes, it will
revert to the Federal Government.
Federal ownership of the land has led to financial uncertainty for
private citizens and the State, and I applaud the dedication of former
Natural Resources Committee member and future Senator Cramer and
Senator Hoeven to alleviating these bureaucratic challenges and
supporting their constituents.
Mr. Speaker, I urge adoption of the measure, and I reserve the
balance of my time.
[[Page H9482]]
Ms. HANABUSA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, S. 440 authorizes the conveyance of certain public lands
owned by the Bureau of Reclamation around the Dickinson Reservoir in
North Dakota. I am glad to say that this bill ensures that taxpayers
receive appropriate compensation for transferred public lands. The
legislation also ensures that transferred recreation lands continue to
be available to the public for recreational uses.
Congress has a long tradition of approving public land conveyances so
long as they promote public purposes and provide appropriate
compensation to the American taxpayers. S. 440 meets these
requirements.
Mr. Speaker, I support the passage of this bill, and I yield back the
balance of my time.
Mr. LAMBORN. Mr. Speaker, I yield such time as he may consume to the
gentleman from North Dakota (Mr. Cramer), who will speak on this and
the following bill, because they are very similar.
Mr. CRAMER. Mr. Speaker, I want to thank Chairman Lamborn, Chairman
Bishop, and the ranking member for their cooperation and for helping me
move this important legislation that was sponsored, as Chairman Lamborn
said, by Senator Hoeven, and for working on my companion bills that
were introduced in the House earlier this year. I appreciate the
hearings that the Natural Resources Committee held and for favorably
reporting the bills out of the committee.
These two bills to convey BOR property to local park entities are
very important to many of my constituents. In July, two of those
constituents, Tom Fisher and Craig Headland, came to Washington to
testify in support of these bills. Combined, they represented over 100
families with homes on these reclamation properties who wished to cast
aside the uncertainties of residing on Federal land and carry out their
dreams of home ownership by purchasing the lands they maintain.
Certainty, not only for them, of course, but for financial lenders,
will generate greater investment in these properties to improve the
lifestyle and the local economy, while maintaining the integrity of the
use of the reservoirs.
The land, beyond those residents, which makes up the vast majority of
the acreage, will continue to be open to the public for recreation and
other uses to the benefit of our people. As a firm believer in land use
decisionmaking authority being as local as possible, I believe these
bills will allow for better management and improved opportunities for
the citizens of North Dakota and for our visitors.
Lastly, I want to thank the administration for working on these bills
with Senator Hoeven and me. I am grateful that the administration is
willing to work on issues such as these that have carried on for years,
and sometimes decades, with indecision and delay.
So I urge support by my colleagues and, again, thank the chairman,
the ranking member, and the committee for their good work.
{time} 1630
Mr. LAMBORN. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Colorado (Mr. Lamborn) that the House suspend the rules
and pass the bill, S. 440, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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