    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-308
    115th Congress

    An Act

    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. <>

    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.

    [[Page 4420]]

    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).

    [[Page 4421]]

    (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 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

    [[Page 4422]]

    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.

    Approved December 11, 2018.

    LEGISLATIVE HISTORY--S. 2074 (H.R. 6039):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 115-901 (Comm. on Natural Resources) accompanying
    H.R. 6039.
    SENATE REPORTS: No. 115-314 (Comm. on Energy and Natural Resources).
    CONGRESSIONAL RECORD, Vol. 164 (2018):
    Oct. 4, considered and passed Senate.
    Nov. 13, considered and passed House, amended.
    Nov. 27, Senate concurred in House amendment.