II 

Calendar No. 623 

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 

NOVEMBER 21, 2024 

Reported by Mr. MANCHIN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

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

5 right, means the most probable price, as of a speci6 fied date, in cash, terms equivalent to cash, or other 

7 precisely revealed terms, for which the specified 

8 property right should sell after reasonable exposure 

9 in a competitive market under all conditions req10 uisite for a fair sale, with the buyer and seller each 

11 acting prudently, knowledgeably, and in the self-in12 terest of the buyer or seller, as applicable, and as13 suming that the buyer and seller are not under 

14 undue duress. 

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

16 County’’ means Frontier County, Nebraska, acting 

17 through the Board of Commissioners of Frontier 

18 County. 

19 (3) HITCHCOCK COUNTY.—The term ‘‘Hitch20 cock County’’ means Hitchcock County, Nebraska, 

21 acting through the Board of Commissioners of 

22 Hitchcock County. 

23 (4) HUGH BUTLER RESERVOIR.—The term 

24 ‘‘Hugh Butler Reservoir’’ means the Hugh Butler 

25 Lake and Red Willow Dam constructed as part of 

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1 man-Cambridge Division, as authorized by section 9 

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

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

4 chapter 665). 

5 (5) LAKEVIEW LODGE MANAGEMENT AGREE6 MENT.—The term ‘‘Lakeview Lodge Management 

7 Agreement’’ means the management agreement enti8 tled ‘‘Management Agreement between the Bureau 

9 of Reclamation, et al., for the Development, Oper10 ation, and Maintenance of a Concession Operation 

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

12 and dated March 1, 2022. 

13 (6) LAKEVIEW LODGE PERMITTED CONCESSION

14 LAND.—The term ‘‘Lakeview Lodge Permitted Con15 cession Land’’ means the approximately 21.5 acres 

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

(A) located in the NE1⁄4NE1 18 ⁄4 sec. 9, T. 2 

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

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

22 ‘‘Lakeview Lodge Concession Boundary’’ and 

23 dated August 2023; and 

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

25 the Secretary determines to be appropriate. 


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

2 any cabin or trailer site— 

3 (A) with respect to which a permit is in ef4 fect on the date of enactment of this Act; and 

5 (B) that is located on— 

6 (i) the Lakeview Lodge Permitted 

7 Concession Land; 

8 (ii) the Red Willow Permitted Cabin 

9 Land; 

10 (iii) the Red Willow Permitted Con11 cession Land; 

12 (iv) the Swanson Permitted Cabin 

13 Land; or 

14 (v) the Swanson Permitted Concession 

15 Land. 

16 (8) RED WILLOW MANAGEMENT AGREEMENT.— 

17 The term ‘‘Red Willow Management Agreement’’ 

18 means the management agreement entitled ‘‘Man19 agement Agreement between the Bureau of Rec20 lamation, et al., for the Development, Management, 

21 Operation, and Maintenance of a Concession Oper22 ation at Hugh Butler Reservoir’’, numbered 24– 

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

24 (9) RED WILLOW PERMITTED CABIN LAND.— 

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


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1 means the approximately 6.5 acres of land encom2 passing the 8 permitted cabin lots at the Hugh But3 ler Reservoir— 

(A) located in the S1 4 ⁄2 sec. 35, T. 5 N., R. 

5 30 W., sixth principal meridian; 

6 (B) as generally depicted on the map pre7 pared by the Bureau of Reclamation entitled 

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

9 2024; and 

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

11 the Secretary determines to be appropriate. 

12 (10) RED WILLOW PERMITTED CONCESSION

13 LAND.—The term ‘‘Red Willow Permitted Conces14 sion Land’’ means the approximately 23 acres of 

15 land and water for the operation of a public service 

16 concession at the Hugh Butler Reservoir— 

(A) located in the E1 17 ⁄2 sec. 25, T. 5 N., R. 

18 30 W., sixth principal meridian; 

19 (B) as generally depicted on the map pre20 pared by the Bureau of Reclamation entitled 

21 ‘‘Red Willow Concession Boundary’’ and dated 

22 August 2023; and 

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

24 the Secretary determines to be appropriate. 


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1 (11) REQUESTED FEDERAL LAND.—The term 

2 ‘‘requested Federal land’’ means each of the fol3 lowing parcels of land, or any subset of those par4 cels, with respect to which a title transfer agreement 

5 is executed: 

6 (A) The Lakeview Lodge Permitted Con7 cession Land. 

8 (B) The Red Willow Permitted Cabin 

9 Land. 

10 (C) The Red Willow Permitted Concession 

11 Land. 

12 (D) The Swanson Permitted Cabin Land. 

13 (E) The Swanson Permitted Concession 

14 Land. 

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

16 means the Secretary of the Interior, acting through 

17 the Commissioner of Reclamation. 

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

19 State of Nebraska. 

20 (14) SWANSON MANAGEMENT AGREEMENT.— 

21 The term ‘‘Swanson Management Agreement’’ 

22 means the management agreement entitled ‘‘Man23 agement Agreement between the Bureau of Rec24 lamation, et al., for the Development, Management, 

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1 ation at Swanson Reservoir’’, numbered 23–LM–60– 

2 4170, and dated May 1, 2023. 

3 (15) SWANSON PERMITTED CABIN LAND.—The 

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

5 approximately 6.2 acres of land encompassing the 11 

6 permitted cabin lots at the Swanson Reservoir— 

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

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

9 (B) as generally depicted on the map pre10 pared by the Bureau of Reclamation entitled 

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

12 and 

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

14 the Secretary determines to be appropriate. 

15 (16) SWANSON PERMITTED CONCESSION

16 LAND.—The term ‘‘Swanson Permitted Concession 

17 Land’’ means the approximately 20 acres of land 

18 and water for the operation of a public service con19 cession at the Swanson Reservoir— 

(A) located in the N1 20 ⁄2 sec. 17, T. 2 N., R. 

21 33 W., sixth principal meridian; 

22 (B) as generally depicted on the map pre23 pared by the Bureau of Reclamation entitled 

24 ‘‘Swanson Concession Boundary’’ and dated 

25 August 2023; and 


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

2 the Secretary determines to be appropriate. 

3 (17) SWANSON RESERVOIR.—The term ‘‘Swan4 son Reservoir’’ means the Swanson Reservoir and 

5 Trenton Dam constructed as part of the Pick-Sloan 

6 Missouri Basin Program, Frenchman-Cambridge Di7 vision, as authorized by section 9 of the Act of De8 cember 22, 1944 (commonly known as the ‘‘Flood 

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

10 (18) TITLE TRANSFER AGREEMENT.—The term 

11 ‘‘title transfer agreement’’ means a title transfer 

12 agreement between the Secretary and Frontier 

13 County or Hitchcock County, as applicable, entered 

14 into pursuant to a memorandum of agreement to de15 termine the legal, institutional, and financial terms 

16 for the conveyance of the Lakeview Lodge Permitted 

17 Concession Land, Red Willow Permitted Cabin 

18 Land, Red Willow Permitted Concession Land, 

19 Swanson Permitted Cabin Land, or Swanson Per20 mitted Concession Land, as applicable. 

21 SEC. 3. CONVEYANCES OF FEDERAL LAND TO HITCHCOCK 

22 COUNTY AND FRONTIER COUNTY, NEBRASKA. 

23 (a) CONVEYANCE TO HITCHCOCK COUNTY.— 

24 (1) TITLE TRANSFER AGREEMENT.—Subject to 

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


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1 later than 3 years after the date of enactment of 

2 this Act, the Secretary shall enter into good faith 

3 negotiations to enter into a title transfer agreement 

4 with Hitchcock County under which the Secretary 

5 shall convey to Hitchcock County all requested right, 

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

7 Swanson Permitted Cabin Land, the Swanson Per8 mitted Concession Land, or the Lakeview Lodge 

9 Permitted Concession Land, as applicable. 

10 (2) PROHIBITION ON SUBDIVISION.—A title 

11 transfer agreement entered into pursuant to para12 graph (1) shall be subject to the condition that the 

13 Swanson Permitted Cabin Land, the Swanson Per14 mitted Concession Land, or the Lakeview Lodge 

15 Permitted Concession Land, as applicable— 

16 (A) shall be conveyed in whole; and 

17 (B) shall not be subdivided. 

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

19 after the date on which a title transfer agreement is 

20 entered into pursuant to paragraph (1), the Sec21 retary shall offer to convey to Hitchcock County all 

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

23 to the Swanson Permitted Cabin Land, the Swanson 

24 Permitted Concession Land, or the Lakeview Lodge 

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1 ance with paragraph (2) and the terms and condi2 tions described in the title transfer agreement. 

3 (4) MEMORANDUM OF AGREEMENT.— 

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

5 after the date of enactment of this Act, the Sec6 retary shall enter into a memorandum of agree7 ment with Hitchcock County to establish and 

8 define the roles and responsibilities for actions 

9 required to convey to Hitchcock County the 

10 Swanson Permitted Cabin Land, Swanson Per11 mitted Concession Land, or Lakeview Lodge 

12 Permitted Concession Land, as applicable, in 

13 accordance with the title transfer agreement. 

14 (B) REQUIREMENT.—The memorandum of 

15 agreement entered into under subparagraph (A) 

16 shall include the establishment of a plan for— 

17 (i) the demonstration by Hitchcock 

18 County of— 

19 (I) the technical capability of 

20 Hitchcock County to operate and 

21 maintain the Swanson Permitted 

22 Cabin Land, Swanson Permitted Con23 cession Land, or Lakeview Lodge Per24 mitted Concession Land, as applica25 ble, permanently; and 


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1 (II) the ability of Hitchcock 

2 County to satisfy financial obligations 

3 relating to the Swanson Permitted 

4 Cabin Land, Swanson Permitted Con5 cession Land, or Lakeview Lodge Per6 mitted Concession Land, as applica7 ble; and 

8 (ii) the management by Hitchcock 

9 County of the Swanson Permitted Cabin 

10 Land, Swanson Permitted Concession 

11 Land, or Lakeview Lodge Permitted Con12 cession Land, as applicable, to be conveyed 

13 in accordance with the memorandum of 

14 agreement, including addressing any issues 

15 to ensure compliance with applicable State 

16 fire, safety, and health codes and stand17 ards not later than 2 years after the date 

18 of the applicable conveyance. 

19 (5) COSTS.— 

20 (A) CONSIDERATION.— 

21 (i) IN GENERAL.—As consideration 

22 for the conveyance of the Swanson Per23 mitted Cabin Land, Swanson Permitted 

24 Concession Land, or Lakeview Lodge Per25 mitted Concession Land, as applicable, 


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1 under paragraph (1), Hitchcock County 

2 shall provide compensation to the reclama3 tion fund established by the first section of 

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

5 chapter 1093), in an amount equal to the 

6 fair market value of the Swanson Per7 mitted Cabin Land, Swanson Permitted 

8 Concession Land, or Lakeview Lodge Per9 mitted Concession Land, respectively, as 

10 determined by an appraisal conducted— 

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

12 (II) by a third-party appraiser 

13 approved by the Secretary; and 

14 (III) subject to the management 

15 requirements under paragraph (6) 

16 and section 4. 

17 (ii) APPRAISAL REQUIREMENTS.— 

18 (I) IN GENERAL.—An appraisal 

19 under clause (i) shall be conducted in 

20 accordance with the Uniform Stand21 ards of Professional Appraisal Prac22 tice. 

23 (II) EXCLUSION.—For purposes 

24 of clause (i), any improvements to the 

25 Swanson Permitted Cabin Land, the 


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1 Swanson Permitted Concession Land, 

2 or the Lakeview Lodge Permitted 

3 Concession Land, as applicable, made 

4 by a permit holder shall not be in5 cluded in the appraised value of the 

6 Swanson Permitted Cabin Land, 

7 Swanson Permitted Concession Land, 

8 or Lakeview Lodge Permitted Conces9 sion Land, respectively. 

10 (III) RESOLUTION OF DIS11 PUTE.—Any dispute over the fair 

12 market value of the Swanson Per13 mitted Cabin Land, the Swanson Per14 mitted Concession Land, or the 

15 Lakeview Lodge Permitted Concession 

16 Land under an appraisal conducted 

17 under clause (i) shall be resolved in 

18 accordance with section 2201.4 of title 

19 43, Code of Federal Regulations (or a 

20 successor regulation). 

21 (IV) CONSIDERATION OF REVE22 NUES.—An appraisal under clause (i) 

23 shall take into consideration any fu24 ture income stream that the United 

25 States would have derived from the 


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1 Swanson Permitted Cabin Land, the 

2 Swanson Permitted Concession Land, 

3 or the Lakeview Lodge Permitted 

4 Concession Land, as applicable, at the 

5 time of the conveyance, including rev6 enues to the United States— 

7 (aa) from existing water 

8 service and repayment contracts; 

9 (bb) from known or reason10 ably foreseeable new contracts or 

11 renewals; 

12 (cc) as aid to irrigation; and 

13 (dd) from any other author14 ized source. 

15 (B) CONVEYANCE COSTS.— 

16 (i) IN GENERAL.—Hitchcock County 

17 shall be responsible for paying, in advance 

18 of the conveyance of the Swanson Per19 mitted Cabin Land, Swanson Permitted 

20 Concession Land, or Lakeview Lodge Per21 mitted Concession Land, as applicable, 

22 under paragraph (1), the estimated costs 

23 associated with the conveyance, as deter24 mined by the Secretary. 


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1 (ii) INCLUSIONS.—Conveyance costs 

2 under clause (i) may include— 

3 (I) any transaction, survey, and 

4 administrative costs necessary for the 

5 preparation and completion of trans6 fer of title; 

7 (II) the costs of legal instru8 ments and deeds; 

9 (III) the costs of compliance with 

10 the National Environmental Policy 

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

12 and other applicable Federal laws; 

13 and 

14 (IV) the costs of any other con15 veyance procedures determined to be 

16 necessary by the Secretary. 

17 (6) MANAGEMENT.—Hitchcock County shall 

18 manage the Swanson Permitted Cabin Land, the 

19 Swanson Permitted Concession Land, or the 

20 Lakeview Lodge Permitted Concession Land, as ap21 plicable, conveyed under paragraph (1)— 

22 (A) for substantially the same purposes for 

23 which the Swanson Permitted Cabin Land, 

24 Swanson Permitted Concession Land, or 

25 Lakeview Lodge Permitted Concession Land, 


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1 respectively, is being used as of the date of en2 actment 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 Swanson Permitted Cabin 

13 Land, Swanson Permitted Concession 

14 Land, or Lakeview Lodge Permitted Con15 cession Land, respectively. 

16 (b) CONVEYANCE TO FRONTIER COUNTY.— 

17 (1) TITLE TRANSFER AGREEMENT.—Subject to 

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

19 later than 3 years after the date of enactment of 

20 this Act, the Secretary shall enter into good faith 

21 negotiations to enter into a title transfer agreement 

22 with Frontier County under which the Secretary 

23 shall convey to Frontier County all requested right, 

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


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1 Red Willow Permitted Cabin Land or the Red Wil2 low Permitted Concession Land, as applicable. 

3 (2) PROHIBITION ON SUBDIVISION.—A title 

4 transfer agreement entered into pursuant to para5 graph (1) shall be subject to the condition that the 

6 Red Willow Permitted Cabin Land or the Red Wil7 low Permitted Concession Land, as applicable— 

8 (A) shall be conveyed in whole; and 

9 (B) shall not be subdivided. 

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

11 after the date on which a title transfer agreement is 

12 entered into pursuant to paragraph (1), the Sec13 retary shall offer to convey to Frontier County all 

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

15 to the Red Willow Permitted Cabin Land or the Red 

16 Willow Permitted Concession Land, as applicable, in 

17 accordance with paragraph (2) and the terms and 

18 conditions described in the title transfer agreement. 

19 (4) MEMORANDUM OF AGREEMENT.— 

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

21 after the date of enactment of this Act, the Sec22 retary shall enter into a memorandum of agree23 ment with Frontier County to establish and de24 fine the roles and responsibilities for actions re25 quired to convey to Frontier County the Red 


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1 Willow Permitted Cabin Land or Red Willow 

2 Permitted Concession Land, as applicable, in 

3 accordance with the title transfer agreement. 

4 (B) REQUIREMENT.—The memorandum of 

5 agreement entered into under subparagraph (A) 

6 shall include the establishment of a plan for— 

7 (i) the demonstration by Frontier 

8 County of— 

9 (I) the technical capability of 

10 Frontier County to operate and main11 tain the Red Willow Permitted Cabin 

12 Land or Red Willow Permitted Con13 cession Land, as applicable, perma14 nently; and 

15 (II) the ability of Frontier Coun16 ty to satisfy financial obligations re17 lating to the Red Willow Permitted 

18 Cabin Land or Red Willow Permitted 

19 Concession Land, as applicable; and 

20 (ii) the management by Frontier 

21 County of the Red Willow Permitted Cabin 

22 Land or Red Willow Permitted Concession 

23 Land, as applicable, to be conveyed in ac24 cordance with the memorandum of agree25 ment, including addressing any issues to 


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1 ensure compliance with applicable State 

2 fire, safety, and health codes and stand3 ards not later than 2 years after the date 

4 of the conveyance. 

5 (5) COSTS.— 

6 (A) CONSIDERATION.— 

7 (i) IN GENERAL.—As consideration 

8 for the conveyance of the Red Willow Per9 mitted Cabin Land or Red Willow Per10 mitted Concession Land, as applicable, 

11 under paragraph (1), Frontier County 

12 shall provide compensation to the reclama13 tion fund established by the first section of 

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

15 chapter 1093), in an amount equal to the 

16 fair market value of the Red Willow Per17 mitted Cabin Land or Red Willow Per18 mitted Concession Land, respectively, as 

19 determined by an appraisal conducted— 

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

21 (II) by a third-party appraiser 

22 approved by the Secretary; and 

23 (III) subject to the management 

24 requirements under paragraph (6) 

25 and section 4. 


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1 (ii) APPRAISAL REQUIREMENTS.— 

2 (I) IN GENERAL.—An appraisal 

3 under clause (i) shall be conducted in 

4 accordance with the Uniform Stand5 ards of Professional Appraisal Prac6 tice. 

7 (II) EXCLUSION.—For purposes 

8 of clause (i), any improvements to the 

9 Red Willow Permitted Cabin Land or 

10 the Red Willow Permitted Concession 

11 Land, as applicable, made by a permit 

12 holder shall not be included in the ap13 praised value of the Red Willow Per14 mitted Cabin Land or Red Willow 

15 Permitted Concession Land, respec16 tively. 

17 (III) RESOLUTION OF DIS18 PUTE.—Any dispute over the fair 

19 market value of the Red Willow Per20 mitted Cabin Land or the Red Willow 

21 Permitted Concession Land, as appli22 cable, under an appraisal conducted 

23 under clause (i) shall be resolved in 

24 accordance with section 2201.4 of title 


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1 43, Code of Federal Regulations (or a 

2 successor regulation). 

3 (IV) CONSIDERATION OF REVE4 NUES.—An appraisal under clause (i) 

5 shall take into consideration any fu6 ture income stream that the United 

7 States would have derived from the 

8 Red Willow Permitted Cabin Land or 

9 the Red Willow Permitted Concession 

10 Land, as applicable, at the time of the 

11 conveyance, including revenues to the 

12 United States— 

13 (aa) from existing water 

14 service and repayment contracts; 

15 (bb) from known or reason16 ably foreseeable new contracts or 

17 renewals; 

18 (cc) as aid to irrigation; and 

19 (dd) from any other author20 ized source. 

21 (B) CONVEYANCE COSTS.— 

22 (i) IN GENERAL.—Frontier County 

23 shall be responsible for paying, in advance 

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1 mitted Concession Land, as applicable, 

2 under paragraph (1), the estimated costs 

3 associated with the conveyance, as deter4 mined by the Secretary. 

5 (ii) INCLUSIONS.—Conveyance costs 

6 under clause (i) may include— 

7 (I) any transaction, survey, and 

8 administrative costs necessary for the 

9 preparation and completion of trans10 fer of title; 

11 (II) the costs of legal instru12 ments and deeds; 

13 (III) the costs of compliance with 

14 the National Environmental Policy 

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

16 and other applicable Federal laws; 

17 and 

18 (IV) the costs of any other con19 veyance procedures determined to be 

20 necessary by the Secretary. 

21 (6) MANAGEMENT.—Frontier County shall 

22 manage the Red Willow Permitted Cabin Land or 

23 the Red Willow Permitted Concession Land, as ap24 plicable, conveyed under paragraph (1)— 


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1 (A) for substantially the same purposes for 

2 which the Red Willow Permitted Cabin Land or 

3 Red Willow Permitted Concession Land, respec4 tively, is being used as of the date of enactment 

5 of this Act; or 

6 (B) for— 

7 (i) recreation and public purposes con8 sistent with the Act of June 14, 1926 

9 (commonly known as the ‘‘Recreation and 

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

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

12 (ii) public access; 

13 (iii) fish and wildlife habitat; or 

14 (iv) the preservation of the natural 

15 character of the Red Willow Permitted 

16 Cabin Land or Red Willow Permitted Con17 cession Land, respectively. 

18 (c) RECLAMATION TITLE TRANSFER PROCE19 DURES.—Any procedures for the conveyance of requested 

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

21 the requirements contained in the Reclamation Manual 

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

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

24 to be applicable by the Secretary. 


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1 (d) SUBSEQUENT CONVEYANCE OF REQUESTED

2 FEDERAL LAND.— 

3 (1) IN GENERAL.—Except as provided in para4 graph (2), on completion of a conveyance to Hitch5 cock County or Frontier County, as applicable, of re6 quested Federal land under subsection (a) or (b), 

7 Hitchcock County or Frontier County may not sub8 sequently reconvey the applicable requested Federal 

9 land. 

10 (2) EXCEPTIONS.—Notwithstanding paragraph 

11 (1), Hitchcock County or Frontier County may sub12 sequently convey requested Federal land if— 

13 (A) the requested Federal land is recon14 veyed, at no cost, to an entity located in the 

15 State that is recognized by the State as a pub16 licly owned or governmental organization, in17 cluding— 

18 (i) a State agency; 

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

20 in, or political subdivision of, the State; 

21 (iii) a natural resource district; and 

22 (iv) an irrigation or reclamation dis23 trict; 

24 (B) Hitchcock County or Frontier County, 

25 respectively, has demonstrated an impending 


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1 adverse impact if the requested Federal land is 

2 not reconveyed; 

3 (C) the entity to which the requested Fed4 eral land would be reconveyed has the capacity 

5 to continue to manage the requested Federal 

6 land for the same purposes for which the re7 quested Federal land has been managed as of 

8 the date of enactment of this Act; and 

9 (D) the requested Federal land to be re10 conveyed would continue to be available for 

11 public access. 

12 (3) FUTURE CONVEYANCES.—A subsequent 

13 conveyance of requested Federal land shall be sub14 ject to the requirements of this subsection and sub15 sections (a)(6) and (b)(6), as applicable. 

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

17 OTHER RIGHTS. 

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

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

20 (1) valid existing rights; 

21 (2) operational requirements of the Pick-Sloan 

22 Missouri River Basin Program authorized by section 

23 9 of the Act of December 22, 1944 (commonly 

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


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1 Stat. 891, chapter 665), including Swanson Res2 ervoir and Hugh Butler Reservoir; 

3 (3) any flowage easement reserved by the 

4 United States to allow full operation of the Swanson 

5 Reservoir and Hugh Butler Reservoir for authorized 

6 purposes, as applicable; 

7 (4) any applicable reservations described in— 

8 (A) the Lakeview Lodge Management 

9 Agreement, Red Willow Management Agree10 ment, or Swanson Management Agreement, as 

11 applicable; or 

12 (B) an applicable cabin permit; 

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

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

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

16 party, with respect to the applicable requested Fed17 eral land; 

18 (6) any permit, license, lease, right-of-use, flow19 age easement, or right-of-way of record in, on, over, 

20 or across the applicable requested Federal land, 

21 whether owned by the United States or a third 

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

23 (7) a deed restriction that prohibits building 

24 any new permanent structure on the applicable re25 quested Federal land below an elevation of— 


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

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

3 and 

4 (8) the granting of applicable easements for— 

5 (A) vehicular access to the applicable re6 quested Federal land; and 

7 (B) access to, and use of, all docks, boat8 houses, ramps, retaining walls, and other im9 provements for which access is provided in a 

10 permit for the use of the applicable requested 

11 Federal land as of the date of enactment of this 

12 Act. 

13 (b) LIABILITY; TAKING.— 

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

15 liable for flood damage to a property, Hitchcock 

16 County, or Frontier County, or for damages arising 

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

18 permit holder, Hitchcock County, or Frontier Coun19 ty, other than for damages caused by an act or 

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

21 or contractor of the United States before the date of 

22 enactment of this Act. 

23 (2) HOLD HARMLESS.—Hitchcock County, 

24 Frontier County, and any entity to which requested 

25 Federal land is subsequently conveyed pursuant to 


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

2 harmless the Unites States for all claims by Hitch3 cock County, Frontier County, or others arising 

4 from— 

5 (A) the design, construction, operation, 

6 maintenance, or replacement of Red Willow 

7 Dam, Hugh Butler Reservoir, Trenton Dam, or 

8 Swanson Reservoir; 

9 (B) the survey of claims, description of 

10 claims, delineation of boundaries, conveyance 

11 documents, conveyance process, and recording 

12 of deeds associated with a conveyance under 

13 this Act; or 

14 (C) any damages associated with a struc15 ture or land that may be displaced in a flood 

16 event. 

17 (3) NO ADDITIONAL LIABILITY.—Nothing in 

18 this Act increases the liability of the United States 

19 beyond the liability provided under chapter 171 of 

20 title 28, United States Code (commonly known as 

21 the ‘‘Federal Tort Claims Act’’). 

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

23 damage to a property, Hitchcock County, or Fron24 tier County, shall not be considered to be a taking 

25 by the United States. 


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1 SEC. 5. INTERIM REQUIREMENTS. 

2 During the period beginning on the date of enactment 

3 of this Act and ending on the date of conveyance of re4 quested Federal land under subsection (a) or (b) of section 

5 3, the provisions of the Lakeview Lodge Management 

6 Agreement, Red Willow Management Agreement, and 

7 Swanson Management Agreement, as applicable, and any 

8 applicable permits, shall remain in force and effect. 

9 SEC. 6. COMPLIANCE WITH OTHER LAWS. 

10 (a) ENVIRONMENTAL AND HISTORIC PRESERVATION

11 LAWS.—Before conveying requested Federal land pursu12 ant to subsection (a) or (b) of section 3, the Secretary 

13 shall carry out all activities with respect to the conveyance 

14 required under— 

15 (1) the National Environmental Policy Act of 

16 1969 (42 U.S.C. 4321 et seq.); 

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

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

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

20 States Code; and 

21 (4) any other applicable laws. 

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

23 date of conveyance of requested Federal land pursuant to 

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

25 Frontier County shall comply with all applicable Federal, 

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


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1 to management of the conveyed requested Federal land, 

2 as applicable. 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Swanson and Hugh But5 ler Reservoirs Land Conveyances Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) FAIR MARKET VALUE.—The term ‘‘fair mar9 ket value’’, with respect to a specified property right, 

10 means the most probable price, as of a specified date, 

11 in cash, terms equivalent to cash, or other precisely 

12 revealed terms, for which the specified property right 

13 should sell after reasonable exposure in a competitive 

14 market under all conditions requisite for a fair sale, 

15 with the buyer and seller each acting prudently, 

16 knowledgeably, and in the self-interest of the buyer or 

17 seller, as applicable, and assuming that the buyer and 

18 seller are not under undue duress. 

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

20 County’’ means Frontier County, Nebraska, acting 

21 through the Board of Commissioners of Frontier 

22 County. 

23 (3) HITCHCOCK COUNTY.—The term ‘‘Hitchcock 

24 County’’ means Hitchcock County, Nebraska, acting 


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1 through the Board of Commissioners of Hitchcock 

2 County. 

3 (4) HUGH BUTLER RESERVOIR.—The term 

4 ‘‘Hugh Butler Reservoir’’ means the Hugh Butler 

5 Lake and Red Willow Dam constructed as part of the 

6 Pick-Sloan Missouri Basin Program, Frenchman7 Cambridge Division, as authorized by section 9 of the 

8 Act of December 22, 1944 (commonly known as the 

9 ‘‘Flood Control Act of 1944’’) (58 Stat. 891, chapter 

10 665). 

11 (5) LAKEVIEW LODGE MANAGEMENT AGREE12 MENT.—The term ‘‘Lakeview Lodge Management 

13 Agreement’’ means the management agreement enti14 tled ‘‘Management Agreement between the Bureau of 

15 Reclamation, et al., for the Development, Operation, 

16 and Maintenance of a Concession Operation at Swan17 son Reservoir, Nebraska’’, numbered 23–LM–60–4160, 

18 and dated November 1, 2023. 

19 (6) LAKEVIEW LODGE PERMITTED CONCESSION

20 LAND.—The term ‘‘Lakeview Lodge Permitted Conces21 sion Land’’ means the approximately 21.5 acres of 

22 land and water for the operation of a public conces23 sion at Swanson Reservoir, as generally depicted on 

24 the map prepared by the Bureau of Reclamation entiVerDate Sep 11 2014 07:05 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6203 E:\BILLS\S4347.RS S4347

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1 tled ‘‘Lakeview Lodge Concession Boundary’’ and 

2 dated August 2023. 

3 (7) RED WILLOW MANAGEMENT AGREEMENT.— 

4 The term ‘‘Red Willow Management Agreement’’ 

5 means the management agreement entitled ‘‘Manage6 ment Agreement between the Bureau of Reclamation, 

7 et al., for the Development, Management, Operation, 

8 and Maintenance of a Concession Operation at Hugh 

9 Butler Reservoir, Nebraska’’, numbered 24–LM–60– 

10 5155, and dated March 7, 2024. 

11 (8) RED WILLOW PERMITTED CABIN LAND.—The 

12 term ‘‘Red Willow Permitted Cabin Land’’ means the 

13 approximately 6.5 acres of land encompassing the 8 

14 permitted cabin lots at the Hugh Butler Reservoir, as 

15 generally depicted on the map prepared by the Bu16 reau of Reclamation entitled ‘‘Red Willow Cabin 

17 Map’’ and dated March 2024. 

18 (9) RED WILLOW PERMITTED CONCESSION

19 LAND.—The term ‘‘Red Willow Permitted Concession 

20 Land’’ means the approximately 23 acres of land and 

21 water for the operation of a public service concession 

22 at the Hugh Butler Reservoir, as generally depicted 

23 on the map prepared by the Bureau of Reclamation 

24 entitled ‘‘Red Willow Concession Boundary’’ and 

25 dated August 2023. 


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1 (10) REQUESTED FEDERAL LAND.—The term 

2 ‘‘requested Federal land’’ means each of the following 

3 parcels of land, or any subset of those parcels, with 

4 respect to which a title transfer agreement is executed: 

5 (A) The Lakeview Lodge Permitted Conces6 sion Land. 

7 (B) The Red Willow Permitted Cabin 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 (11) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of the Interior, acting through the Com15 missioner of Reclamation. 

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

17 of Nebraska. 

18 (13) SWANSON MANAGEMENT AGREEMENT.—The 

19 term ‘‘Swanson Management Agreement’’ means the 

20 management agreement entitled ‘‘Management Agree21 ment between the Bureau of Reclamation, et al., for 

22 the Development, Management, Operation, and Main23 tenance of a Concession Operation at Swanson Res24 ervoir, Nebraska’’, numbered 24–LM–60–5154, and 

25 dated April 19, 2024. 


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1 (14) 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, as 

5 generally depicted on the map prepared by the Bu6 reau of Reclamation entitled ‘‘Swanson Cabin Map’’ 

7 and dated March 2024. 

8 (15) SWANSON PERMITTED CONCESSION LAND.— 

9 The term ‘‘Swanson Permitted Concession Land’’ 

10 means the approximately 20 acres of land and water 

11 for the operation of a public service concession at the 

12 Swanson Reservoir, as generally depicted on the map 

13 prepared by the Bureau of Reclamation entitled 

14 ‘‘Swanson Concession Boundary’’ and dated August 

15 2023. 

16 (16) SWANSON RESERVOIR.—The term ‘‘Swanson 

17 Reservoir’’ means the Swanson Reservoir and Trenton 

18 Dam constructed as part of the Pick-Sloan Missouri 

19 Basin Program, Frenchman-Cambridge Division, as 

20 authorized by section 9 of the Act of December 22, 

21 1944 (commonly known as the ‘‘Flood Control Act of 

22 1944’’) (58 Stat. 891, chapter 665). 

23 (17) TITLE TRANSFER AGREEMENT.—The term 

24 ‘‘title transfer agreement’’ means a title transfer 

25 agreement entered into under section 3(a)(1) between 


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1 the Secretary and Frontier County or Hitchcock 

2 County, as applicable, that establishes the legal, insti3 tutional, and financial terms for the conveyance of 

4 the applicable requested Federal land. 

5 SEC. 3. CONVEYANCES OF FEDERAL LAND TO HITCHCOCK 

6 COUNTY AND FRONTIER COUNTY, NEBRASKA. 

7 (a) CONVEYANCES TO HITCHCOCK COUNTY AND FRON8 TIER COUNTY.— 

9 (1) TITLE TRANSFER AGREEMENT.—Subject to 

10 paragraphs (2) and (5) and sections 4 and 5, not 

11 later than 3 years after the date of enactment of this 

12 Act, the Secretary shall make good faith efforts to 

13 enter into negotiations for, and enter into, title trans14 fer agreements with each of Hitchcock County and 

15 Frontier County— 

16 (A) under which the Secretary shall convey 

17 to Hitchcock County or Frontier County, as ap18 plicable, all requested right, title, and interest of 

19 the United States in and to the applicable re20 quested Federal land; 

21 (B) that provides that, as a condition of the 

22 conveyance, the applicable requested Federal 

23 land— 

24 (i) shall be conveyed in whole; and 

25 (ii) shall not be subdivided; and 


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1 (C) that provides a plan for— 

2 (i) a demonstration of— 

3 (I) the technical capability of 

4 Hitchcock County or Frontier County, 

5 as applicable, to operate and maintain 

6 the applicable requested Federal land 

7 permanently; and 

8 (II) the ability of Hitchcock 

9 County or Frontier County, as appli10 cable, to satisfy financial obligations 

11 relating to the applicable requested 

12 Federal land; and 

13 (ii) the management by Hitchcock 

14 County or Frontier County, as applicable, 

15 of the applicable requested Federal land to 

16 be conveyed in accordance with the applica17 ble title transfer agreement, including ad18 dressing any issues to ensure compliance 

19 with applicable State fire, safety, and 

20 health codes and standards not later than 2 

21 years after the date of the applicable con22 veyance. 

23 (2) REQUIREMENT.—Notwithstanding section 

24 8002(3)(B) of the John D. Dingell, Jr. Conservation, 

25 Management, and Recreation Act (43 U.S.C. 


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•S 4347 RS

1 2902(3)(B)), the Secretary shall negotiate the title 

2 transfer agreement under paragraph (1) in accord3 ance with the criteria, terms, and conditions described 

4 in subtitle A of title VIII of that Act (43 U.S.C. 2901 

5 et seq.). 

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

7 after the date on which a title transfer agreement is 

8 entered into pursuant to paragraph (1), the Secretary 

9 shall offer to convey to Hitchcock County or Frontier 

10 County, as applicable, all right, title, and interest of 

11 the United States in and to the applicable requested 

12 Federal land, in accordance with the terms and con13 ditions described in the applicable title transfer agree14 ment. 

15 (4) COSTS.— 

16 (A) CONSIDERATION.— 

17 (i) IN GENERAL.—As consideration for 

18 the conveyance of the applicable requested 

19 Federal land under paragraph (3), Hitch20 cock County or Frontier County, as appli21 cable, shall pay to the Secretary, for use in 

22 accordance with clause (iii), an amount 

23 equal to the fair market value of the appli24 cable requested Federal land, as determined 

25 by an appraisal conducted— 


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

2 (II) by a third-party appraiser 

3 approved by the Secretary; and 

4 (III) subject to the management 

5 requirements under paragraph (5) and 

6 section 4. 

7 (ii) APPRAISAL REQUIREMENTS.— 

8 (I) IN GENERAL.—An appraisal 

9 under clause (i) shall be conducted in 

10 accordance with the Uniform Stand11 ards of Professional Appraisal Prac12 tice. 

13 (II) IMPROVEMENTS.—For pur14 poses of clause (i), any improvements 

15 to the applicable requested Federal 

16 land made by a permit holder shall not 

17 be included in the appraised value of 

18 the applicable requested Federal land. 

19 (III) RESOLUTION OF DISPUTE.— 

20 Any dispute over the fair market value 

21 of the applicable requested Federal 

22 land under an appraisal conducted 

23 under clause (i) shall be resolved in ac24 cordance with section 2201.4 of title 


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1 43, Code of Federal Regulations (or a 

2 successor regulation). 

3 (IV) CONSIDERATION OF REVE4 NUES.—An appraisal under clause (i) 

5 shall take into consideration any fu6 ture income stream that the United 

7 States would have derived from the ap8 plicable requested Federal land at the 

9 time of the conveyance, including reve10 nues to the 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 (iii) USE.—Amounts paid under 

20 clause (i) shall be available to the Secretary, 

21 subject to further appropriation, for activi22 ties relating to the operation of the Hugh 

23 Butler Reservoir and Swanson Reservoir. 

24 (B) CONVEYANCE COSTS.—As a condition of 

25 a conveyance under paragraph (3), Hitchcock 


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1 County or Frontier County, as applicable, shall 

2 be responsible for paying, in advance of the con3 veyance of the applicable requested Federal land, 

4 all survey and other administrative costs, as de5 termined to be necessary by the Secretary, for the 

6 preparation and completion of transfer of title 

7 to, the applicable requested Federal land. 

8 (5) MANAGEMENT.—Hitchcock County and 

9 Frontier County shall each manage the applicable re10 quested Federal land conveyed to Hitchcock County or 

11 Frontier County, as applicable, under paragraph 

12 (3)— 

13 (A) for substantially the same purposes for 

14 which the applicable requested Federal land is 

15 being used as of the date of enactment of this 

16 Act; or 

17 (B) for— 

18 (i) recreation and public purposes con19 sistent with the Act of June 14, 1926 (com20 monly known as the ‘‘Recreation and Public 

21 Purposes Act’’) (44 Stat. 741, chapter 578; 

22 43 U.S.C. 869 et seq.); 

23 (ii) public access; 

24 (iii) fish and wildlife habitat; or 


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1 (iv) the preservation of the natural 

2 character of the applicable requested Federal 

3 land. 

4 (b) SUBSEQUENT CONVEYANCE OF REQUESTED FED5 ERAL LAND.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), on completion of a conveyance to Hitchcock 

8 County or Frontier County, as applicable, of the ap9 plicable requested Federal land under subsection (a), 

10 Hitchcock County or Frontier County, as applicable, 

11 may not subsequently reconvey the applicable re12 quested Federal land. 

13 (2) EXCEPTIONS.—Notwithstanding paragraph 

14 (1), Hitchcock County or Frontier County, as appli15 cable, may subsequently convey the applicable re16 quested Federal land if— 

17 (A) the applicable requested Federal land is 

18 reconveyed, at no cost, to an entity located in the 

19 State that is recognized by the State as a pub20 licly owned or governmental organization, in21 cluding— 

22 (i) a State agency; 

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

24 in, or political subdivision of, the State; 

25 (iii) a natural resource district; and 


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1 (iv) an irrigation or reclamation dis2 trict; 

3 (B) Hitchcock County or Frontier County, 

4 as applicable, has demonstrated an impending 

5 adverse impact if the applicable requested Fed6 eral land is not reconveyed; 

7 (C) the entity to which the applicable re8 quested Federal land would be reconveyed has the 

9 capacity to continue to manage the applicable 

10 requested Federal land for the same purposes for 

11 which the applicable requested Federal land has 

12 been managed as of the date of enactment of this 

13 Act; and 

14 (D) the applicable requested Federal land to 

15 be reconveyed would continue to be available for 

16 public access. 

17 (3) FUTURE CONVEYANCES.—A subsequent con18 veyance of requested Federal land shall be subject to 

19 the requirements of this subsection and subsection 

20 (a)(5). 

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

22 OTHER RIGHTS. 

23 (a) IN GENERAL.—A conveyance under section 3(a) 

24 shall be subject to— 

25 (1) valid existing rights; 


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1 (2) operational requirements of the Pick-Sloan 

2 Missouri River Basin Program authorized by section 

3 9 of the Act of December 22, 1944 (commonly known 

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

5 chapter 665), including Swanson Reservoir and Hugh 

6 Butler Reservoir; 

7 (3) any flowage easement reserved by the United 

8 States to allow full operation of the Swanson Res9 ervoir and Hugh Butler Reservoir, as applicable, for 

10 authorized purposes; 

11 (4) any applicable reservations described in the 

12 Lakeview Lodge Management Agreement, Red Willow 

13 Management Agreement, or Swanson Management 

14 Agreement, as applicable; 

15 (5) oil, gas, and other mineral rights reserved of 

16 record, as of the date of enactment of this Act, by, or 

17 in favor of, the United States or a third party; 

18 (6) any permit, license, lease, right-of-use, flow19 age easement, or right-of-way of record in, on, over, 

20 or across the applicable requested Federal land, 

21 whether owned by the United States or a third party, 

22 as of the date of enactment of this Act; 

23 (7) as applicable, a deed restriction that pro24 hibits building any new permanent structure on the 


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•S 4347 RS

1 applicable requested Federal land below an elevation 

2 of— 

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

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

5 and 

6 (8) the granting of applicable easements for— 

7 (A) vehicular access to the applicable re8 quested Federal land; and 

9 (B) access to, and use of, all docks, boat10 houses, ramps, retaining walls, and other im11 provements for which access is provided in a per12 mit for the use of the applicable requested Fed13 eral land as of the date of enactment of this Act. 

14 (b) LIABILITY; TAKING.— 

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

16 liable for flood damage to a property, Hitchcock 

17 County, or Frontier County, or for damages arising 

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

19 permit holder, Hitchcock County, or Frontier County, 

20 other than for damages caused by an act or omission 

21 of the United States or an employee, agent, or con22 tractor of the United States before the date of enact23 ment of this Act. 

24 (2) HOLD HARMLESS.—Hitchcock County, Fron25 tier County, and any entity to which requested FedVerDate Sep 11 2014 07:05 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6203 E:\BILLS\S4347.RS S4347

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1 eral land is subsequently conveyed pursuant to section 

2 3(b)(2) shall agree to indemnify and hold harmless 

3 the Unites States for all claims by Hitchcock County, 

4 Frontier County, or others arising from— 

5 (A) the design, construction, operation, 

6 maintenance, or replacement of Red Willow 

7 Dam, Hugh Butler Reservoir, Trenton Dam, or 

8 Swanson Reservoir; 

9 (B) the survey of claims, description of 

10 claims, delineation of boundaries, conveyance 

11 documents, conveyance process, and recording of 

12 deeds associated with a conveyance under this 

13 Act; or 

14 (C) any damages associated with a struc15 ture or land that may be displaced in a flood 

16 event. 

17 (3) NO ADDITIONAL LIABILITY.—Nothing in this 

18 Act increases the liability of the United States beyond 

19 the liability provided under chapter 171 of title 28, 

20 United States Code (commonly known as the ‘‘Federal 

21 Tort Claims Act’’). 

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

23 damage to a property, Hitchcock County, or Frontier 

24 County, shall not be considered to be a taking by the 

25 United States. 


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1 SEC. 5. INTERIM REQUIREMENTS. 

2 (a) IN GENERAL.—During the period beginning on the 

3 date of enactment of this Act and ending on the date that 

4 is the later of the date that is 3 years after the date of enact5 ment of this Act or the date of conveyance of the applicable 

6 requested Federal land under section 3(a), the provisions 

7 of the Lakeview Lodge Management Agreement, Red Willow 

8 Management Agreement, and Swanson Management Agree9 ment, as applicable, and any applicable permits, shall re10 main in force and effect. 

11 (b) EFFECT OF FAILURE TO ENTER INTO TITLE

12 TRANSFER AGREEMENT.—If, by the date that is 3 years 

13 after the date of enactment of this Act, Hitchcock County 

14 or Frontier County, as applicable, have not entered into 

15 a title transfer agreement with the Secretary under section 

16 3(a)(1), the Secretary shall manage any of the Lakeview 

17 Lodge Permitted Concession Land, the Red Willow Per18 mitted Cabin Land, the Red Willow Permitted Concession 

19 Land, the Swanson Permitted Cabin Land, and the Swan20 son Permitted Concession Land, as applicable, that is not 

21 subject to a title transfer agreement in accordance with ap22 plicable law. 


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Calendar No. 623 

118TH CONGRESS 

2D SESSION S. 4347 

A BILL 

To provide for the conveyance of certain Federal 

purposes. Reservoir in the State of Nebraska, and for other land at Swanson Reservoir and Hugh Butler 

NOVEMBER 21, 2024 

Reported with an amendment 


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