[Congressional Record Volume 164, Number 165 (Thursday, October 4, 2018)]
[Senate]
[Pages S6550-S6551]
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. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 537, S. 2074.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A 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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Energy and Natural 
Resources, with an amendment as follows

     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).

[[Page S6551]]

       (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, 
     without further appropriation, 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.

  Mr. McCONNELL. Mr. President, I further ask unanimous consent that 
the committee-reported substitute amendment be agreed to and that the 
bill, as amended, be considered read a third time and passed and the 
motion to reconsider be considered made and laid upon the table with no 
intervening action or debate.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  The bill (S. 2074), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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