[Congressional Record Volume 164, Number 179 (Tuesday, November 13, 2018)]
[House]
[Pages H9482-H9483]
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 JAMESTOWN RESERVOIR IN THE STATE OF NORTH DAKOTA

  Mr. LAMBORN. Mr. Speaker, I move to suspend the rules and pass the 
bill (S. 2074) to establish a procedure for the conveyance of certain 
Federal property around the Jamestown Reservoir in the State of North 
Dakota, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows

                                S. 2074

       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) Board.--The term ``Board'' means the Stutsman County 
     Park Board in Jamestown, North Dakota.
       (2) Game and fish headquarters.--The term ``game and fish 
     headquarters'' means the land depicted as ``Game and Fish 
     Headquarters'' on the Map.
       (3) Jamestown reservoir.--The term ``Jamestown Reservoir'' 
     means the Jamestown Reservoir constructed as a unit of the 
     Missouri-Souris 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).
       (4) Management agreement.--The term ``Management 
     Agreement'' means the management agreement entitled 
     ``Management Agreement between the United States of America 
     and Stutsman County Park Board for the Management, 
     Development, Operation and Maintenance of Recreation and 
     Related Improvements and Facilities at Jamestown Reservoir 
     Stutsman County, North Dakota'', numbered 15-LM-60-2255, and 
     dated February 17, 2015.
       (5) Map.--The term ``Map'' means the map prepared by the 
     Bureau of Reclamation, entitled ``Jamestown Reservoir'', and 
     dated May 2018.
       (6) Permitted cabin land.--The term ``permitted cabin 
     land'' means the land depicted as ``Permitted Cabin Lands'' 
     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 STUTSMAN COUNTY PARK BOARD.

       (a) Conveyances to Stutsman County Park Board.--
       (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 Board 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 Board 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 Board 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 Board 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 Board 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 Board.--
       (1) In general.--If the Board 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 a permit holder shall not be included in the 
     appraised value of the land.
       (3) Proceeds from the sale of land by the board.--If the 
     Board sells a parcel of permitted cabin land conveyed under 
     subsection (a)(1)(B), the Board shall pay to the

[[Page H9483]]

     Secretary the amount of any proceeds of the sale that exceed 
     the costs of preparing the sale by the Board.
       (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 
     Jamestown 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 Board 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 
     Jamestown Reservoir;
       (3) any flowage easement reserved by the United States to 
     allow full operation of the Jamestown 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 1,454 
     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 Board, or 
     the State, or for damages arising out of any act, omission, 
     or occurrence relating to a permit holder, the Board, 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 Board, 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 
may 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.
  Mr. Speaker, I rise in support of S. 2074 sponsored by Senator Hoeven 
of North Dakota. This legislation is nearly identical to legislation 
sponsored by our colleague, Congressman Kevin Cramer, which was 
favorably reported by the Natural Resources Committee in August.
  This is another bill similar to the one that was discussed a few 
minutes ago that looks to transfer small parcels of Federal land to 
State and local government, this time surrounding the Jamestown 
Reservoir in North Dakota. The land will continue to be used for 
recreation and public purposes, public access, fish and wildlife 
habitat, a fish and game headquarters, and for cabins. If any of the 
land is sold, the proceeds will be given to the Federal Government or 
the land will revert to the United States.
  Like S. 440, which the House just considered, this legislation aims 
to alleviate financial uncertainty for private citizens residing around 
the reservoir and will help support the local community through tax 
revenue.
  Mr. Speaker, I urge adoption of the measure, and I reserve the 
balance of my time.
  Ms. HANABUSA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, S. 2074 authorizes the conveyance of certain public 
lands owned by the Bureau of Reclamation around Jamestown Reservoir in 
North Dakota.
  Like S. 440, this bill ensures that taxpayers receive appropriate 
compensation for transferred lands and also ensures that transferred 
recreation lands continue to be available to the public for 
recreational uses.
  For these reasons, Mr. Speaker, I support the passage of S. 2074, and 
I yield back the balance of my time.
  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. 2074, 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.

                          ____________________