Text: S.440 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-306 (12/11/2018)

 
[115th Congress Public Law 306]
[From the U.S. Government Publishing Office]



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Public Law 115-306
115th Congress

                                 An Act


 
To establish a procedure for the conveyance of certain Federal property 
          around the Dickinson Reservoir in the State of North 
              Dakota. <<NOTE: Dec. 11, 2018 -  [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 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.

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SEC. 2. CONVEYANCES TO DICKINSON DEPARTMENT OF PARKS AND 
                    RECREATION.

    (a) Conveyances to Dickinson Department of Parks and Recreation.--
            (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 
        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) <<NOTE: Determination.>>  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

[[Page 132 STAT. 4406]]

        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) <<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 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

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                    (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. <<NOTE: Time period.>>  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. 440:
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SENATE REPORTS: No. 115-313 (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.

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