II 

118TH CONGRESS 

2D SESSION S. 4347 

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. 

IN THE SENATE OF THE UNITED STATES 

MAY 15, 2024 

Mrs. FISCHER (for herself, Mr. RICKETTS, Mr. MARSHALL, and Mr. MORAN) 

introduced the following bill; which was read twice and referred to the 

Committee on Energy and Natural Resources 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Swanson and Hugh 

5 Butler Reservoirs Land Conveyances Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) FAIR MARKET VALUE.—The term ‘‘fair 

9 market value’’, with respect to a specified property 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•S 4347 IS

1 right, means the most probable price, as of a speci2 fied date, in cash, terms equivalent to cash, or other 

3 precisely revealed terms, for which the specified 

4 property right should sell after reasonable exposure 

5 in a competitive market under all conditions req6 uisite for a fair sale, with the buyer and seller each 

7 acting prudently, knowledgeably, and in the self-in8 terest of the buyer or seller, as applicable, and as9 suming that the buyer and seller are not under 

10 undue duress. 

11 (2) FRONTIER COUNTY.—The term ‘‘Frontier 

12 County’’ means Frontier County, Nebraska, acting 

13 through the Board of Commissioners of Frontier 

14 County. 

15 (3) HITCHCOCK COUNTY.—The term ‘‘Hitch16 cock County’’ means Hitchcock County, Nebraska, 

17 acting through the Board of Commissioners of 

18 Hitchcock County. 

19 (4) HUGH BUTLER RESERVOIR.—The term 

20 ‘‘Hugh Butler Reservoir’’ means the Hugh Butler 

21 Lake and Red Willow Dam constructed as part of 

22 the Pick-Sloan Missouri Basin Program, French23 man-Cambridge Division, as authorized by section 9 

24 of the Act of December 22, 1944 (commonly known 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•S 4347 IS

1 as the ‘‘Flood Control Act of 1944’’) (58 Stat. 891, 

2 chapter 665). 

3 (5) LAKEVIEW LODGE MANAGEMENT AGREE4 MENT.—The term ‘‘Lakeview Lodge Management 

5 Agreement’’ means the management agreement enti6 tled ‘‘Management Agreement between the Bureau 

7 of Reclamation, et al., for the Development, Oper8 ation, and Maintenance of a Concession Operation 

9 at Swanson Reservoir’’, numbered 23–LM–60–4160, 

10 and dated March 1, 2022. 

11 (6) LAKEVIEW LODGE PERMITTED CONCESSION

12 LAND.—The term ‘‘Lakeview Lodge Permitted Con13 cession Land’’ means the approximately 21.5 acres 

14 of land and water for the operation of a public con15 cession at Swanson Reservoir— 

(A) located in the NE1⁄4NE1 16 ⁄4 sec. 9, T. 2 

17 N., R. 34 W., sixth principal meridian; 

18 (B) as generally depicted on the map pre19 pared by the Bureau of Reclamation entitled 

20 ‘‘Lakeview Lodge Concession Boundary’’ and 

21 dated August 2023; and 

22 (C) as further defined by a land survey, as 

23 the Secretary determines to be appropriate. 

24 (7) PROPERTY.—The term ‘‘property’’ means 

25 any cabin or trailer site— 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•S 4347 IS

1 (A) with respect to which a permit is in ef2 fect on the date of enactment of this Act; and 

3 (B) that is located on— 

4 (i) the Lakeview Lodge Permitted 

5 Concession Land; 

6 (ii) the Red Willow Permitted Cabin 

7 Land; 

8 (iii) the Red Willow Permitted Con9 cession Land; 

10 (iv) the Swanson Permitted Cabin 

11 Land; or 

12 (v) the Swanson Permitted Concession 

13 Land. 

14 (8) RED WILLOW MANAGEMENT AGREEMENT.— 

15 The term ‘‘Red Willow Management Agreement’’ 

16 means the management agreement entitled ‘‘Man17 agement Agreement between the Bureau of Rec18 lamation, et al., for the Development, Management, 

19 Operation, and Maintenance of a Concession Oper20 ation at Hugh Butler Reservoir’’, numbered 24– 

21 LM–60–5155, and dated May 1, 2024. 

22 (9) RED WILLOW PERMITTED CABIN LAND.— 

23 The term ‘‘Red Willow Permitted Cabin Land’’ 

24 means the approximately 6.5 acres of land encomVerDate Sep 11 2014 19:35 Jun 18, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4347.IS S4347

ssavage on LAPJG3WLY3PROD with BILLS
5 

•S 4347 IS

1 passing the 8 permitted cabin lots at the Hugh But2 ler Reservoir— 

(A) located in the S1 3 ⁄2 sec. 35, T. 5 N., R. 

4 30 W., sixth principal meridian; 

5 (B) as generally depicted on the map pre6 pared by the Bureau of Reclamation entitled 

7 ‘‘Red Willow Cabin Map’’ and dated March 

8 2024; and 

9 (C) as further defined by a land survey, as 

10 the Secretary determines to be appropriate. 

11 (10) RED WILLOW PERMITTED CONCESSION

12 LAND.—The term ‘‘Red Willow Permitted Conces13 sion Land’’ means the approximately 23 acres of 

14 land and water for the operation of a public service 

15 concession at the Hugh Butler Reservoir— 

(A) located in the E1 16 ⁄2 sec. 25, T. 5 N., R. 

17 30 W., sixth principal meridian; 

18 (B) as generally depicted on the map pre19 pared by the Bureau of Reclamation entitled 

20 ‘‘Red Willow Concession Boundary’’ and dated 

21 August 2023; and 

22 (C) as further defined by a land survey, as 

23 the Secretary determines to be appropriate. 

24 (11) REQUESTED FEDERAL LAND.—The term 

25 ‘‘requested Federal land’’ means each of the folVerDate Sep 11 2014 19:35 Jun 18, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4347.IS S4347

ssavage on LAPJG3WLY3PROD with BILLS
6 

•S 4347 IS

1 lowing parcels of land, or any subset of those par2 cels, with respect to which a title transfer agreement 

3 is executed: 

4 (A) The Lakeview Lodge Permitted Con5 cession Land. 

6 (B) The Red Willow Permitted Cabin 

7 Land. 

8 (C) The Red Willow Permitted Concession 

9 Land. 

10 (D) The Swanson Permitted Cabin Land. 

11 (E) The Swanson Permitted Concession 

12 Land. 

13 (12) SECRETARY.—The term ‘‘Secretary’’ 

14 means the Secretary of the Interior, acting through 

15 the Commissioner of Reclamation. 

16 (13) STATE.—The term ‘‘State’’ means the 

17 State of Nebraska. 

18 (14) SWANSON MANAGEMENT AGREEMENT.— 

19 The term ‘‘Swanson Management Agreement’’ 

20 means the management agreement entitled ‘‘Man21 agement Agreement between the Bureau of Rec22 lamation, et al., for the Development, Management, 

23 Operation, and Maintenance of Concession Oper24 ation at Swanson Reservoir’’, numbered 23–LM–60– 

25 4170, and dated May 1, 2023. 


ssavage on LAPJG3WLY3PROD with BILLS
7 

•S 4347 IS

1 (15) SWANSON PERMITTED CABIN LAND.—The 

2 term ‘‘Swanson Permitted Cabin Land’’ means the 

3 approximately 6.2 acres of land encompassing the 11 

4 permitted cabin lots at the Swanson Reservoir— 

(A) located in the N1⁄2 sec. 18, S1 5 ⁄2 sec. 7, 

6 T. 2 N., R. 33 W., sixth principal meridian; 

7 (B) as generally depicted on the map pre8 pared by the Bureau of Reclamation entitled 

9 ‘‘Swanson Cabin Map’’ and dated March 2024; 

10 and 

11 (C) as further defined by a land survey, as 

12 the Secretary determines to be appropriate. 

13 (16) SWANSON PERMITTED CONCESSION

14 LAND.—The term ‘‘Swanson Permitted Concession 

15 Land’’ means the approximately 20 acres of land 

16 and water for the operation of a public service con17 cession at the Swanson Reservoir— 

(A) located in the N1 18 ⁄2 sec. 17, T. 2 N., R. 

19 33 W., sixth principal meridian; 

20 (B) as generally depicted on the map pre21 pared by the Bureau of Reclamation entitled 

22 ‘‘Swanson Concession Boundary’’ and dated 

23 August 2023; and 

24 (C) as further defined by a land survey, as 

25 the Secretary determines to be appropriate. 


ssavage on LAPJG3WLY3PROD with BILLS
8 

•S 4347 IS

1 (17) SWANSON RESERVOIR.—The term ‘‘Swan2 son Reservoir’’ means the Swanson Reservoir and 

3 Trenton Dam constructed as part of the Pick-Sloan 

4 Missouri Basin Program, Frenchman-Cambridge Di5 vision, as authorized by section 9 of the Act of De6 cember 22, 1944 (commonly known as the ‘‘Flood 

7 Control Act of 1944’’) (58 Stat. 891, chapter 665). 

8 (18) TITLE TRANSFER AGREEMENT.—The term 

9 ‘‘title transfer agreement’’ means a title transfer 

10 agreement between the Secretary and Frontier 

11 County or Hitchcock County, as applicable, entered 

12 into pursuant to a memorandum of agreement to de13 termine the legal, institutional, and financial terms 

14 for the conveyance of the Lakeview Lodge Permitted 

15 Concession Land, Red Willow Permitted Cabin 

16 Land, Red Willow Permitted Concession Land, 

17 Swanson Permitted Cabin Land, or Swanson Per18 mitted Concession Land, as applicable. 

19 SEC. 3. CONVEYANCES OF FEDERAL LAND TO HITCHCOCK 

20 COUNTY AND FRONTIER COUNTY, NEBRASKA. 

21 (a) CONVEYANCE TO HITCHCOCK COUNTY.— 

22 (1) TITLE TRANSFER AGREEMENT.—Subject to 

23 paragraphs (2) and (6) and sections 4 and 5, not 

24 later than 3 years after the date of enactment of 

25 this Act, the Secretary shall enter into good faith 


ssavage on LAPJG3WLY3PROD with BILLS
9 

•S 4347 IS

1 negotiations to enter into a title transfer agreement 

2 with Hitchcock County under which the Secretary 

3 shall convey to Hitchcock County all requested right, 

4 title, and interest of the United States in and to the 

5 Swanson Permitted Cabin Land, the Swanson Per6 mitted Concession Land, or the Lakeview Lodge 

7 Permitted Concession Land, as applicable. 

8 (2) PROHIBITION ON SUBDIVISION.—A title 

9 transfer agreement entered into pursuant to para10 graph (1) shall be subject to the condition that the 

11 Swanson Permitted Cabin Land, the Swanson Per12 mitted Concession Land, or the Lakeview Lodge 

13 Permitted Concession Land, as applicable— 

14 (A) shall be conveyed in whole; and 

15 (B) shall not be subdivided. 

16 (3) OFFER TO CONVEY.—As soon as practicable 

17 after the date on which a title transfer agreement is 

18 entered into pursuant to paragraph (1), the Sec19 retary shall offer to convey to Hitchcock County all 

20 right, title, and interest of the United States in and 

21 to the Swanson Permitted Cabin Land, the Swanson 

22 Permitted Concession Land, or the Lakeview Lodge 

23 Permitted Concession Land, as applicable, in accord24 ance with paragraph (2) and the terms and condi25 tions described in the title transfer agreement. 


ssavage on LAPJG3WLY3PROD with BILLS
10 

•S 4347 IS

1 (4) MEMORANDUM OF AGREEMENT.— 

2 (A) IN GENERAL.—As soon as practicable 

3 after the date of enactment of this Act, the Sec4 retary shall enter into a memorandum of agree5 ment with Hitchcock County to establish and 

6 define the roles and responsibilities for actions 

7 required to convey to Hitchcock County the 

8 Swanson Permitted Cabin Land, Swanson Per9 mitted Concession Land, or Lakeview Lodge 

10 Permitted Concession Land, as applicable, in 

11 accordance with the title transfer agreement. 

12 (B) REQUIREMENT.—The memorandum of 

13 agreement entered into under subparagraph (A) 

14 shall include the establishment of a plan for— 

15 (i) the demonstration by Hitchcock 

16 County of— 

17 (I) the technical capability of 

18 Hitchcock County to operate and 

19 maintain the Swanson Permitted 

20 Cabin Land, Swanson Permitted Con21 cession Land, or Lakeview Lodge Per22 mitted Concession Land, as applica23 ble, permanently; and 

24 (II) the ability of Hitchcock 

25 County to satisfy financial obligations 


ssavage on LAPJG3WLY3PROD with BILLS
11 

•S 4347 IS

1 relating to the Swanson Permitted 

2 Cabin Land, Swanson Permitted Con3 cession Land, or Lakeview Lodge Per4 mitted Concession Land, as applica5 ble; and 

6 (ii) the management by Hitchcock 

7 County of the Swanson Permitted Cabin 

8 Land, Swanson Permitted Concession 

9 Land, or Lakeview Lodge Permitted Con10 cession Land, as applicable, to be conveyed 

11 in accordance with the memorandum of 

12 agreement, including addressing any issues 

13 to ensure compliance with applicable State 

14 fire, safety, and health codes and stand15 ards not later than 2 years after the date 

16 of the applicable conveyance. 

17 (5) COSTS.— 

18 (A) CONSIDERATION.— 

19 (i) IN GENERAL.—As consideration 

20 for the conveyance of the Swanson Per21 mitted Cabin Land, Swanson Permitted 

22 Concession Land, or Lakeview Lodge Per23 mitted Concession Land, as applicable, 

24 under paragraph (1), Hitchcock County 

25 shall provide compensation to the reclamaVerDate Sep 11 2014 19:35 Jun 18, 2024 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4347.IS S4347

ssavage on LAPJG3WLY3PROD with BILLS
12 

•S 4347 IS

1 tion fund established by the first section of 

2 the Act of June 17, 1902 (32 Stat. 388, 

3 chapter 1093), in an amount equal to the 

4 fair market value of the Swanson Per5 mitted Cabin Land, Swanson Permitted 

6 Concession Land, or Lakeview Lodge Per7 mitted Concession Land, respectively, as 

8 determined by an appraisal conducted— 

9 (I) in accordance with clause (ii); 

10 (II) by a third-party appraiser 

11 approved by the Secretary; and 

12 (III) subject to the management 

13 requirements under paragraph (6) 

14 and section 4. 

15 (ii) APPRAISAL REQUIREMENTS.— 

16 (I) IN GENERAL.—An appraisal 

17 under clause (i) shall be conducted in 

18 accordance with the Uniform Stand19 ards of Professional Appraisal Prac20 tice. 

21 (II) EXCLUSION.—For purposes 

22 of clause (i), any improvements to the 

23 Swanson Permitted Cabin Land, the 

24 Swanson Permitted Concession Land, 

25 or the Lakeview Lodge Permitted 


ssavage on LAPJG3WLY3PROD with BILLS
13 

•S 4347 IS

1 Concession Land, as applicable, made 

2 by a permit holder shall not be in3 cluded in the appraised value of the 

4 Swanson Permitted Cabin Land, 

5 Swanson Permitted Concession Land, 

6 or Lakeview Lodge Permitted Conces7 sion Land, respectively. 

8 (III) RESOLUTION OF DIS9 PUTE.—Any dispute over the fair 

10 market value of the Swanson Per11 mitted Cabin Land, the Swanson Per12 mitted Concession Land, or the 

13 Lakeview Lodge Permitted Concession 

14 Land under an appraisal conducted 

15 under clause (i) shall be resolved in 

16 accordance with section 2201.4 of title 

17 43, Code of Federal Regulations (or a 

18 successor regulation). 

19 (IV) CONSIDERATION OF REVE20 NUES.—An appraisal under clause (i) 

21 shall take into consideration any fu22 ture income stream that the United 

23 States would have derived from the 

24 Swanson Permitted Cabin Land, the 

25 Swanson Permitted Concession Land, 


ssavage on LAPJG3WLY3PROD with BILLS
14 

•S 4347 IS

1 or the Lakeview Lodge Permitted 

2 Concession Land, as applicable, at the 

3 time of the conveyance, including rev4 enues to the United States— 

5 (aa) from existing water 

6 service and repayment contracts; 

7 (bb) from known or reason8 ably foreseeable new contracts or 

9 renewals; 

10 (cc) as aid to irrigation; and 

11 (dd) from any other author12 ized source. 

13 (B) CONVEYANCE COSTS.— 

14 (i) IN GENERAL.—Hitchcock County 

15 shall be responsible for paying, in advance 

16 of the conveyance of the Swanson Per17 mitted Cabin Land, Swanson Permitted 

18 Concession Land, or Lakeview Lodge Per19 mitted Concession Land, as applicable, 

20 under paragraph (1), the estimated costs 

21 associated with the conveyance, as deter22 mined by the Secretary. 

23 (ii) INCLUSIONS.—Conveyance costs 

24 under clause (i) may include— 


ssavage on LAPJG3WLY3PROD with BILLS
15 

•S 4347 IS

1 (I) any transaction, survey, and 

2 administrative costs necessary for the 

3 preparation and completion of trans4 fer of title; 

5 (II) the costs of legal instru6 ments and deeds; 

7 (III) the costs of compliance with 

8 the National Environmental Policy 

9 Act of 1969 (42 U.S.C. 4321 et seq.) 

10 and other applicable Federal laws; 

11 and 

12 (IV) the costs of any other con13 veyance procedures determined to be 

14 necessary by the Secretary. 

15 (6) MANAGEMENT.—Hitchcock County shall 

16 manage the Swanson Permitted Cabin Land, the 

17 Swanson Permitted Concession Land, or the 

18 Lakeview Lodge Permitted Concession Land, as ap19 plicable, conveyed under paragraph (1)— 

20 (A) for substantially the same purposes for 

21 which the Swanson Permitted Cabin Land, 

22 Swanson Permitted Concession Land, or 

23 Lakeview Lodge Permitted Concession Land, 

24 respectively, is being used as of the date of en25 actment of this Act; or 


ssavage on LAPJG3WLY3PROD with BILLS
16 

•S 4347 IS

1 (B) for— 

2 (i) recreation and public purposes con3 sistent with the Act of June 14, 1926 

4 (commonly known as the ‘‘Recreation and 

5 Public Purposes Act’’) (44 Stat. 741, 

6 chapter 578; 43 U.S.C. 869 et seq.); 

7 (ii) public access; 

8 (iii) fish and wildlife habitat; or 

9 (iv) the preservation of the natural 

10 character of the Swanson Permitted Cabin 

11 Land, Swanson Permitted Concession 

12 Land, or Lakeview Lodge Permitted Con13 cession Land, respectively. 

14 (b) CONVEYANCE TO FRONTIER COUNTY.— 

15 (1) TITLE TRANSFER AGREEMENT.—Subject to 

16 paragraphs (2) and (6) and sections 4 and 5, not 

17 later than 3 years after the date of enactment of 

18 this Act, the Secretary shall enter into good faith 

19 negotiations to enter into a title transfer agreement 

20 with Frontier County under which the Secretary 

21 shall convey to Frontier County all requested right, 

22 title, and interest of the United States in and to the 

23 Red Willow Permitted Cabin Land or the Red Wil24 low Permitted Concession Land, as applicable. 


ssavage on LAPJG3WLY3PROD with BILLS
17 

•S 4347 IS

1 (2) PROHIBITION ON SUBDIVISION.—A title 

2 transfer agreement entered into pursuant to para3 graph (1) shall be subject to the condition that the 

4 Red Willow Permitted Cabin Land or the Red Wil5 low Permitted Concession Land, as applicable— 

6 (A) shall be conveyed in whole; and 

7 (B) shall not be subdivided. 

8 (3) OFFER TO CONVEY.—As soon as practicable 

9 after the date on which a title transfer agreement is 

10 entered into pursuant to paragraph (1), the Sec11 retary shall offer to convey to Frontier County all 

12 right, title, and interest of the United States in and 

13 to the Red Willow Permitted Cabin Land or the Red 

14 Willow Permitted Concession Land, as applicable, in 

15 accordance with paragraph (2) and the terms and 

16 conditions described in the title transfer agreement. 

17 (4) MEMORANDUM OF AGREEMENT.— 

18 (A) IN GENERAL.—As soon as practicable 

19 after the date of enactment of this Act, the Sec20 retary shall enter into a memorandum of agree21 ment with Frontier County to establish and de22 fine the roles and responsibilities for actions re23 quired to convey to Frontier County the Red 

24 Willow Permitted Cabin Land or Red Willow 


ssavage on LAPJG3WLY3PROD with BILLS
18 

•S 4347 IS

1 Permitted Concession Land, as applicable, in 

2 accordance with the title transfer agreement. 

3 (B) REQUIREMENT.—The memorandum of 

4 agreement entered into under subparagraph (A) 

5 shall include the establishment of a plan for— 

6 (i) the demonstration by Frontier 

7 County of— 

8 (I) the technical capability of 

9 Frontier County to operate and main10 tain the Red Willow Permitted Cabin 

11 Land or Red Willow Permitted Con12 cession Land, as applicable, perma13 nently; and 

14 (II) the ability of Frontier Coun15 ty to satisfy financial obligations re16 lating to the Red Willow Permitted 

17 Cabin Land or Red Willow Permitted 

18 Concession Land, as applicable; and 

19 (ii) the management by Frontier 

20 County of the Red Willow Permitted Cabin 

21 Land or Red Willow Permitted Concession 

22 Land, as applicable, to be conveyed in ac23 cordance with the memorandum of agree24 ment, including addressing any issues to 

25 ensure compliance with applicable State 


ssavage on LAPJG3WLY3PROD with BILLS
19 

•S 4347 IS

1 fire, safety, and health codes and stand2 ards not later than 2 years after the date 

3 of the conveyance. 

4 (5) COSTS.— 

5 (A) CONSIDERATION.— 

6 (i) IN GENERAL.—As consideration 

7 for the conveyance of the Red Willow Per8 mitted Cabin Land or Red Willow Per9 mitted Concession Land, as applicable, 

10 under paragraph (1), Frontier County 

11 shall provide compensation to the reclama12 tion fund established by the first section of 

13 the Act of June 17, 1902 (32 Stat. 388, 

14 chapter 1093), in an amount equal to the 

15 fair market value of the Red Willow Per16 mitted Cabin Land or Red Willow Per17 mitted Concession Land, respectively, as 

18 determined by an appraisal conducted— 

19 (I) in accordance with clause (ii); 

20 (II) by a third-party appraiser 

21 approved by the Secretary; and 

22 (III) subject to the management 

23 requirements under paragraph (6) 

24 and section 4. 

25 (ii) APPRAISAL REQUIREMENTS.— 


ssavage on LAPJG3WLY3PROD with BILLS
20 

•S 4347 IS

1 (I) IN GENERAL.—An appraisal 

2 under clause (i) shall be conducted in 

3 accordance with the Uniform Stand4 ards of Professional Appraisal Prac5 tice. 

6 (II) EXCLUSION.—For purposes 

7 of clause (i), any improvements to the 

8 Red Willow Permitted Cabin Land or 

9 the Red Willow Permitted Concession 

10 Land, as applicable, made by a permit 

11 holder shall not be included in the ap12 praised value of the Red Willow Per13 mitted Cabin Land or Red Willow 

14 Permitted Concession Land, respec15 tively. 

16 (III) RESOLUTION OF DIS17 PUTE.—Any dispute over the fair 

18 market value of the Red Willow Per19 mitted Cabin Land or the Red Willow 

20 Permitted Concession Land, as appli21 cable, under an appraisal conducted 

22 under clause (i) shall be resolved in 

23 accordance with section 2201.4 of title 

24 43, Code of Federal Regulations (or a 

25 successor regulation). 


ssavage on LAPJG3WLY3PROD with BILLS
21 

•S 4347 IS

1 (IV) CONSIDERATION OF REVE2 NUES.—An appraisal under clause (i) 

3 shall take into consideration any fu4 ture income stream that the United 

5 States would have derived from the 

6 Red Willow Permitted Cabin Land or 

7 the Red Willow Permitted Concession 

8 Land, as applicable, at the time of the 

9 conveyance, including revenues to the 

10 United States— 

11 (aa) from existing water 

12 service and repayment contracts; 

13 (bb) from known or reason14 ably foreseeable new contracts or 

15 renewals; 

16 (cc) as aid to irrigation; and 

17 (dd) from any other author18 ized source. 

19 (B) CONVEYANCE COSTS.— 

20 (i) IN GENERAL.—Frontier County 

21 shall be responsible for paying, in advance 

22 of the conveyance of the Red Willow Per23 mitted Cabin Land or Red Willow Per24 mitted Concession Land, as applicable, 

25 under paragraph (1), the estimated costs 


ssavage on LAPJG3WLY3PROD with BILLS
22 

•S 4347 IS

1 associated with the conveyance, as deter2 mined by the Secretary. 

3 (ii) INCLUSIONS.—Conveyance costs 

4 under clause (i) may include— 

5 (I) any transaction, survey, and 

6 administrative costs necessary for the 

7 preparation and completion of trans8 fer of title; 

9 (II) the costs of legal instru10 ments and deeds; 

11 (III) the costs of compliance with 

12 the National Environmental Policy 

13 Act of 1969 (42 U.S.C. 4321 et seq.) 

14 and other applicable Federal laws; 

15 and 

16 (IV) the costs of any other con17 veyance procedures determined to be 

18 necessary by the Secretary. 

19 (6) MANAGEMENT.—Frontier County shall 

20 manage the Red Willow Permitted Cabin Land or 

21 the Red Willow Permitted Concession Land, as ap22 plicable, conveyed under paragraph (1)— 

23 (A) for substantially the same purposes for 

24 which the Red Willow Permitted Cabin Land or 

25 Red Willow Permitted Concession Land, respecVerDate Sep 11 2014 19:35 Jun 18, 2024 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S4347.IS S4347

ssavage on LAPJG3WLY3PROD with BILLS
23 

•S 4347 IS

1 tively, is being used as of the date of enactment 

2 of this Act; or 

3 (B) for— 

4 (i) recreation and public purposes con5 sistent with the Act of June 14, 1926 

6 (commonly known as the ‘‘Recreation and 

7 Public Purposes Act’’) (44 Stat. 741, 

8 chapter 578; 43 U.S.C. 869 et seq.); 

9 (ii) public access; 

10 (iii) fish and wildlife habitat; or 

11 (iv) the preservation of the natural 

12 character of the Red Willow Permitted 

13 Cabin Land or Red Willow Permitted Con14 cession Land, respectively. 

15 (c) RECLAMATION TITLE TRANSFER PROCE16 DURES.—Any procedures for the conveyance of requested 

17 Federal land under subsection (a) or (b) shall comply with 

18 the requirements contained in the Reclamation Manual 

19 Directives and Standards numbered CMP 11–01 (as in 

20 effect on the date of enactment of this Act), as determined 

21 to be applicable by the Secretary. 

22 (d) SUBSEQUENT CONVEYANCE OF REQUESTED

23 FEDERAL LAND.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (2), on completion of a conveyance to HitchVerDate Sep 11 2014 19:35 Jun 18, 2024 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S4347.IS S4347

ssavage on LAPJG3WLY3PROD with BILLS
24 

•S 4347 IS

1 cock County or Frontier County, as applicable, of re2 quested Federal land under subsection (a) or (b), 

3 Hitchcock County or Frontier County may not sub4 sequently reconvey the applicable requested Federal 

5 land. 

6 (2) EXCEPTIONS.—Notwithstanding paragraph 

7 (1), Hitchcock County or Frontier County may sub8 sequently convey requested Federal land if— 

9 (A) the requested Federal land is recon10 veyed, at no cost, to an entity located in the 

11 State that is recognized by the State as a pub12 licly owned or governmental organization, in13 cluding— 

14 (i) a State agency; 

15 (ii) a county, city, village, or township 

16 in, or political subdivision of, the State; 

17 (iii) a natural resource district; and 

18 (iv) an irrigation or reclamation dis19 trict; 

20 (B) Hitchcock County or Frontier County, 

21 respectively, has demonstrated an impending 

22 adverse impact if the requested Federal land is 

23 not reconveyed; 

24 (C) the entity to which the requested Fed25 eral land would be reconveyed has the capacity 


ssavage on LAPJG3WLY3PROD with BILLS
25 

•S 4347 IS

1 to continue to manage the requested Federal 

2 land for the same purposes for which the re3 quested Federal land has been managed as of 

4 the date of enactment of this Act; and 

5 (D) the requested Federal land to be re6 conveyed would continue to be available for 

7 public access. 

8 (3) FUTURE CONVEYANCES.—A subsequent 

9 conveyance of requested Federal land shall be sub10 ject to the requirements of this subsection and sub11 sections (a)(6) and (b)(6), as applicable. 

12 SEC. 4. EFFECT ON RESERVATIONS, EASEMENTS, AND 

13 OTHER RIGHTS. 

14 (a) IN GENERAL.—A conveyance under subsection 

15 (a) or (b) of section 3 shall be subject to— 

16 (1) valid existing rights; 

17 (2) operational requirements of the Pick-Sloan 

18 Missouri River Basin Program authorized by section 

19 9 of the Act of December 22, 1944 (commonly 

20 known as the ‘‘Flood Control Act of 1944’’) (58 

21 Stat. 891, chapter 665), including Swanson Res22 ervoir and Hugh Butler Reservoir; 

23 (3) any flowage easement reserved by the 

24 United States to allow full operation of the Swanson 


ssavage on LAPJG3WLY3PROD with BILLS
26 

•S 4347 IS

1 Reservoir and Hugh Butler Reservoir for authorized 

2 purposes, as applicable; 

3 (4) any applicable reservations described in— 

4 (A) the Lakeview Lodge Management 

5 Agreement, Red Willow Management Agree6 ment, or Swanson Management Agreement, as 

7 applicable; or 

8 (B) an applicable cabin permit; 

9 (5) oil, gas, and other mineral rights reserved 

10 of record, as of the date of enactment of this Act, 

11 by, or in favor of, the United States or a third 

12 party, with respect to the applicable requested Fed13 eral land; 

14 (6) any permit, license, lease, right-of-use, flow15 age easement, or right-of-way of record in, on, over, 

16 or across the applicable requested Federal land, 

17 whether owned by the United States or a third 

18 party, as of the date of enactment of this Act; 

19 (7) a deed restriction that prohibits building 

20 any new permanent structure on the applicable re21 quested Federal land below an elevation of— 

22 (A) 2,785 feet at Swanson Reservoir; or 

23 (B) 2,628 feet at Hugh Butler Reservoir; 

24 and 

25 (8) the granting of applicable easements for— 


ssavage on LAPJG3WLY3PROD with BILLS
27 

•S 4347 IS

1 (A) vehicular access to the applicable re2 quested Federal land; and 

3 (B) access to, and use of, all docks, boat4 houses, ramps, retaining walls, and other im5 provements for which access is provided in a 

6 permit for the use of the applicable requested 

7 Federal land as of the date of enactment of this 

8 Act. 

9 (b) LIABILITY; TAKING.— 

10 (1) LIABILITY.—The United States shall not be 

11 liable for flood damage to a property, Hitchcock 

12 County, or Frontier County, or for damages arising 

13 out of any act, omission, or occurrence relating to a 

14 permit holder, Hitchcock County, or Frontier Coun15 ty, other than for damages caused by an act or 

16 omission of the United States or an employee, agent, 

17 or contractor of the United States before the date of 

18 enactment of this Act. 

19 (2) HOLD HARMLESS.—Hitchcock County, 

20 Frontier County, and any entity to which requested 

21 Federal land is subsequently conveyed pursuant to 

22 section 3(d)(2) shall agree to indemnify and hold 

23 harmless the Unites States for all claims by Hitch24 cock County, Frontier County, or others arising 

25 from— 


ssavage on LAPJG3WLY3PROD with BILLS
28 

•S 4347 IS

1 (A) the design, construction, operation, 

2 maintenance, or replacement of Red Willow 

3 Dam, Hugh Butler Reservoir, Trenton Dam, or 

4 Swanson Reservoir; 

5 (B) the survey of claims, description of 

6 claims, delineation of boundaries, conveyance 

7 documents, conveyance process, and recording 

8 of deeds associated with a conveyance under 

9 this Act; or 

10 (C) any damages associated with a struc11 ture or land that may be displaced in a flood 

12 event. 

13 (3) NO ADDITIONAL LIABILITY.—Nothing in 

14 this Act increases the liability of the United States 

15 beyond the liability provided under chapter 171 of 

16 title 28, United States Code (commonly known as 

17 the ‘‘Federal Tort Claims Act’’). 

18 (4) TAKING.—Any temporary flooding or flood 

19 damage to a property, Hitchcock County, or Fron20 tier County, shall not be considered to be a taking 

21 by the United States. 

22 SEC. 5. INTERIM REQUIREMENTS. 

23 During the period beginning on the date of enactment 

24 of this Act and ending on the date of conveyance of re25 quested Federal land under subsection (a) or (b) of section 


ssavage on LAPJG3WLY3PROD with BILLS
29 

•S 4347 IS

1 3, the provisions of the Lakeview Lodge Management 

2 Agreement, Red Willow Management Agreement, and 

3 Swanson Management Agreement, as applicable, and any 

4 applicable permits, shall remain in force and effect. 

5 SEC. 6. COMPLIANCE WITH OTHER LAWS. 

6 (a) ENVIRONMENTAL AND HISTORIC PRESERVATION

7 LAWS.—Before conveying requested Federal land pursu8 ant to subsection (a) or (b) of section 3, the Secretary 

9 shall carry out all activities with respect to the conveyance 

10 required under— 

11 (1) the National Environmental Policy Act of 

12 1969 (42 U.S.C. 4321 et seq.); 

13 (2) the Endangered Species Act of 1973 (16 

14 U.S.C. 1531 et seq.); 

15 (3) division A of subtitle III of title 54, United 

16 States Code; and 

17 (4) any other applicable laws. 

18 (b) COMPLIANCE BY COUNTIES.—Effective on the 

19 date of conveyance of requested Federal land pursuant to 

20 subsection (a) or (b) of section 3, Hitchcock County and 

21 Frontier County shall comply with all applicable Federal, 

22 State, and local laws (including regulations) with respect 

23 to management of the conveyed requested Federal land, 

24 as applicable. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS