Text: S.2074 — 115th Congress (2017-2018)All Information (Except Text)
Public Law No: 115-308 (12/11/2018)
[115th Congress Public Law 308]
[From the U.S. Government Publishing Office]
[[Page 132 STAT. 4419]]
Public Law 115-308
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. <<NOTE: Dec. 11, 2018 - [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
(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
[[Page 132 STAT. 4420]]
SEC. 2. CONVEYANCES TO STUTSMAN COUNTY PARK BOARD.
(a) Conveyances to Stutsman County Park Board.--
(1) <<NOTE: Deadline.>> 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
(A) the recreation land; and
(B) the permitted cabin land.
(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).
(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
(ii) for public access;
(iii) for fish and wildlife habitat; or
(iv) to preserve the natural character of the
(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;
(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) <<NOTE: Determination.>> 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 132 STAT. 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) <<NOTE: Deadline.>> 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
(3) any flowage easement reserved by the United States to
allow full operation of the Jamestown Reservoir for authorized
(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
(7) a deed restriction that prohibits building any new
permanent structure on property below an elevation of 1,454
(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
[[Page 132 STAT. 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. <<NOTE: Time period. Effective date.>> INTERIM
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
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.