[Congressional Record Volume 170, Number 180 (Thursday, December 5, 2024)]
[House]
[Pages H6392-H6395]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SWANSON AND HUGH BUTLER RESERVOIRS LAND CONVEYANCES ACT
Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 8413) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 8413
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,
Nebraska'', numbered 23-LM-60-4160, and dated November 1,
2023.
(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, as generally
depicted on the map prepared by the Bureau of Reclamation
entitled ``Lakeview Lodge Concession Boundary'' and dated
August 2023.
(7) 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, Nebraska'', numbered 24-LM-60-5155, and
dated March 7, 2024.
(8) 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, as generally depicted on the map prepared
by the Bureau of Reclamation entitled ``Red Willow Cabin
Map'' and dated March 2024.
(9) 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, as generally
depicted on the map prepared by the Bureau of Reclamation
entitled ``Red Willow Concession Boundary'' and dated August
2023.
(10) 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.
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(12) State.--The term ``State'' means the State of
Nebraska.
(13) 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 a Concession Operation at
Swanson Reservoir, Nebraska'', numbered 24-LM-60-5154, and
dated April 19, 2024.
(14) 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, as generally depicted on the map prepared by the
Bureau of Reclamation entitled ``Swanson Cabin Map'' and
dated March 2024.
(15) Swanson permitted concession land.--The term ``Swanson
Permitted Concession Land'' means the approximately 20 acres
of land and water for the operation of
[[Page H6393]]
a public service concession at the Swanson Reservoir, as
generally depicted on the map prepared by the Bureau of
Reclamation entitled ``Swanson Concession Boundary'' and
dated August 2023.
(16) 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).
(17) Title transfer agreement.--The term ``title transfer
agreement'' means a title transfer agreement entered into
under section 3(a)(1) between the Secretary and Frontier
County or Hitchcock County, as applicable, that establishes
the legal, institutional, and financial terms for the
conveyance of the applicable requested Federal land.
SEC. 3. CONVEYANCES OF FEDERAL LAND TO HITCHCOCK COUNTY AND
FRONTIER COUNTY, NEBRASKA.
(a) Conveyances to Hitchcock County and Frontier County.--
(1) Title transfer agreement.--Subject to paragraphs (2)
and (5) and sections 4 and 5, not later than 3 years after
the date of enactment of this Act, the Secretary shall make
good faith efforts to enter into negotiations for, and enter
into, title transfer agreements with each of Hitchcock County
and Frontier County--
(A) under which the Secretary shall convey to Hitchcock
County or Frontier County, as applicable, all requested
right, title, and interest of the United States in and to the
applicable requested Federal land;
(B) that provides that, as a condition of the conveyance,
the applicable requested Federal land--
(i) shall be conveyed in whole; and
(ii) shall not be subdivided; and
(C) that provides a plan for--
(i) a demonstration of--
(I) the technical capability of Hitchcock County or
Frontier County, as applicable, to operate and maintain the
applicable requested Federal land permanently; and
(II) the ability of Hitchcock County or Frontier County, as
applicable, to satisfy financial obligations relating to the
applicable requested Federal land; and
(ii) the management by Hitchcock County or Frontier County,
as applicable, of the applicable requested Federal land to be
conveyed in accordance with the applicable title transfer
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.
(2) Requirement.--Notwithstanding section 8002(3)(B) of the
John D. Dingell, Jr. Conservation, Management, and Recreation
Act (43 U.S.C. 2902(3)(B)), the Secretary shall negotiate the
title transfer agreement under paragraph (1) in accordance
with the criteria, terms, and conditions described in
subtitle A of title VIII of that Act (43 U.S.C. 2901 et
seq.).
(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 or Frontier County, as applicable, all
right, title, and interest of the United States in and to the
applicable requested Federal land, in accordance with the
terms and conditions described in the applicable title
transfer agreement.
(4) Costs.--
(A) Consideration.--
(i) In general.--As consideration for the conveyance of the
applicable requested Federal land under paragraph (3),
Hitchcock County or Frontier County, as applicable, shall pay
to the Secretary, for use in accordance with clause (iii), an
amount equal to the fair market value of the applicable
requested Federal land, 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 (5) 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) Improvements.--For purposes of clause (i), any
improvements to the applicable requested Federal land made by
a permit holder shall not be included in the appraised value
of the applicable requested Federal land.
(III) Resolution of dispute.--Any dispute over the fair
market value of the applicable requested Federal 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 applicable
requested Federal land 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.
(iii) Use.--Amounts paid under clause (i) shall be
available to the Secretary, subject to further appropriation,
for activities relating to the operation of the Hugh Butler
Reservoir and Swanson Reservoir.
(B) Conveyance costs.--As a condition of a conveyance under
paragraph (3), Hitchcock County or Frontier County, as
applicable, shall be responsible for paying, in advance of
the conveyance of the applicable requested Federal land, all
survey and other administrative costs, as determined to be
necessary by the Secretary, for the preparation and
completion of transfer of title to, the applicable requested
Federal land.
(5) Management.--Hitchcock County and Frontier County shall
each manage the applicable requested Federal land conveyed to
Hitchcock County or Frontier County, as applicable, under
paragraph (3)--
(A) for substantially the same purposes for which the
applicable requested Federal land 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
applicable requested Federal land.
(b) 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 the applicable requested Federal
land under subsection (a), Hitchcock County or Frontier
County, as applicable, may not subsequently reconvey the
applicable requested Federal land.
(2) Exceptions.--Notwithstanding paragraph (1), Hitchcock
County or Frontier County, as applicable, may subsequently
convey the applicable requested Federal land if--
(A) the applicable 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, as applicable, has
demonstrated an impending adverse impact if the applicable
requested Federal land is not reconveyed;
(C) the entity to which the applicable requested Federal
land would be reconveyed has the capacity to continue to
manage the applicable requested Federal land for the same
purposes for which the applicable requested Federal land has
been managed as of the date of enactment of this Act; and
(D) the applicable 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 subsection (a)(5).
SEC. 4. EFFECT ON RESERVATIONS, EASEMENTS, AND OTHER RIGHTS.
(a) In General.--A conveyance under section 3(a) 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, as applicable, for authorized purposes;
(4) any applicable reservations described in the Lakeview
Lodge Management Agreement, Red Willow Management Agreement,
or Swanson Management Agreement, as applicable;
(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 requested Federal land, whether owned by the
United States or a third party, as of the date of enactment
of this Act;
(7) as applicable, 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
[[Page H6394]]
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(b)(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.
(a) In General.--During the period beginning on the date of
enactment of this Act and ending on the date that is the
later of the date that is 3 years after the date of enactment
of this Act or the date of conveyance of the applicable
requested Federal land under section 3(a), 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.
(b) Effect of Failure to Enter Into Title Transfer
Agreement.--If, by the date that is 3 years after the date of
enactment of this Act, Hitchcock County or Frontier County,
as applicable, have not entered into a title transfer
agreement with the Secretary under section 3(a)(1), the
Secretary shall manage any of the Lakeview Lodge Permitted
Concession Land, the Red Willow Permitted Cabin Land, the Red
Willow Permitted Concession Land, the Swanson Permitted Cabin
Land, and the Swanson Permitted Concession Land, as
applicable, that is not subject to a title transfer agreement
in accordance with applicable law.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arkansas (Mr. Westerman) and the gentlewoman from California (Ms.
Kamlager-Dove) each will control 20 minutes.
The Chair recognizes the gentleman from Arkansas.
General Leave
Mr. WESTERMAN. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 8413, the bill now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arkansas?
There was no objection.
Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of Representative Smith's legislation,
which would initiate a transfer of Federal lands under the jurisdiction
of the Bureau of Reclamation to the Counties of Frontier and Hitchcock
in southern Nebraska.
This legislation was introduced at the counties' request with the
hopes of gaining local control after disagreements arose between local
stakeholders and the Bureau of Reclamation.
The disagreement stemmed from the Bureau of Reclamation's decision to
require the removal of mobile homes surrounding the reservoirs, an
action that would significantly impact the local economy.
The cost of this transfer has not yet been determined. However, an
appraisal will be conducted, and the counties will be responsible for
providing fair market value compensation for these lands.
Mr. Speaker, I urge my colleagues to support the bill, and I reserve
the balance of my time.
Ms. KAMLAGER-DOVE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of the Swanson and Hugh Butler
Reservoirs Land Conveyances Act. This bill would authorize the
Secretary of the Interior to enter into good faith negotiations with
Hitchcock County and Frontier County in southern Nebraska to establish
a title transfer agreement for certain lands within the Swanson
Reservoir and Red Willow Reservoir lands.
The Swanson Reservoir and Hugh Butler Reservoir serve as home to
several communities and popular recreation sites. Transferring
ownership of these lands from the Bureau of Reclamation to the counties
will allow the counties to manage and develop the land for recreational
use and conservation in alignment with the communities' needs.
It is worth noting that there are some health and safety concerns at
the concession areas that need to be met to increase public safety and
access to recreation facilities.
For that reason, the bill would require that prior to any conveyance,
the local entities must demonstrate their ability to effectively
operate, maintain, and enhance the lands for the same purposes for
which they are currently being used and to establish a concrete plan to
address health and safety concerns. This legislation will help improve
the management of these sites for the surrounding communities.
Mr. Speaker, I urge my colleagues to vote ``yes'' on the bill, and I
reserve the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I yield 5 minutes to the gentleman from
Nebraska (Mr. Smith), the bill sponsor.
Mr. SMITH of Nebraska. Mr. Speaker, I thank my colleagues on the
House Committee on Natural Resources. I appreciate this opportunity,
and I appreciate their support of H.R. 8413.
The Swanson and Hugh Butler Reservoirs Land Conveyances Act would
begin the process of transferring ownership of roughly 77 acres of land
from the Bureau of Reclamation to the Counties of Hitchcock and
Frontier together. Importantly, this land does not include any water or
power assets.
I am proud to represent Nebraska's Third District, which is home to
both reservoirs impacted by this legislation. Over the last few years,
working closely with impacted stakeholders, as well as Senator Deb
Fischer, it is clear how important this transfer is to the local
communities.
The current management of the land supports local marinas, housing
communities, and areas for local economic activity. However, should the
Bureau of Reclamation maintain ownership, impending changes to land use
policy would force the removal of these businesses and communities from
the land.
When the Bureau of Reclamation announced the planned management
changes, it spawned extensive collaboration between the local
communities, businesses, and housing owners. This collaboration
generated outstanding support for a land transfer that would allow for
increased local control of the recreational areas.
Further, this would provide long-term certainty for the businesses
that depend on revenue brought in by tourism, the locals who enjoy
recreational activities at the reservoirs, and some 180 housing owners
from three States. These owners and their families have spent
generations creating these homes away from home.
Tourism cultivated by current land use arrangements is vital for the
local economies. Both counties are highly rural, with Frontier County
covering over 700 square miles with just 2,600 residents. There are
three restaurants in the entire county, one of which is a marina
included in this transfer.
The 110 leaseholders at Swanson Reservoir bring in approximately 500
people multiple times throughout the year who support other local
businesses in the area as well.
To put this into perspective, small businesses throughout Frontier
and Hitchcock Counties estimate they would lose nearly $1.5 million in
revenue if these leases are terminated. Additionally, the marinas
facilitate community activities and drive economic development, which
would not occur if not for the patronage generated from the broader
communities.
When the public and the Federal Government disagree on how land
intended for public access should be used, the reasonable solution is
to empower local control, which best suits the local community and
visitors, especially considering all the discussion here this
afternoon.
Additionally, the transfer comes at no cost to the Federal
Government, as the legislation ensures taxpayers are reimbursed at fair
market value and public access is maintained.
[[Page H6395]]
Mr. Speaker, I thank the chair and ranking member for their work to
move this bill forward and certainly Senator Fischer for her
partnership in the Senate, and I urge passage of H.R. 8413.
Ms. KAMLAGER-DOVE. Mr. Speaker, I urge my colleagues to support the
legislation, and I yield back the balance of my time.
Mr. WESTERMAN. Mr. Speaker, H.R. 8413 provides a solution to a
dispute between Frontier and Hitchcock Counties and the Bureau of
Reclamation. These reservoirs, among other benefits, provide valuable
recreational access to over 57,000 acres available for public hunting
and fishing.
I thank Representative Smith and all of Nebraska's congressional
delegation members for their leadership on this issue. I encourage all
Members to support this commonsense, bipartisan legislation.
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 Arkansas (Mr. Westerman) that the House suspend the
rules and pass the bill, H.R. 8413, 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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