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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8413 Enrolled Bill (ENR)]

        H.R.8413

                     One Hundred Eighteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
         the third day of January, two thousand and twenty-four

                                 An Act

 
    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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Swanson and Hugh Butler Reservoirs 
Land Conveyances Act''.
SEC. 2. DEFINITIONS.
    In this Act:
        (1) Fair market value.--The term ``fair market value'', with 
    respect to a specified property right, means the most probable 
    price, as of a specified date, in cash, terms equivalent to cash, 
    or other precisely revealed terms, for which the specified property 
    right should sell after reasonable exposure in a competitive market 
    under all conditions requisite for a fair sale, with the buyer and 
    seller each acting prudently, knowledgeably, and in the self-
    interest of the buyer or seller, as applicable, and assuming that 
    the buyer and seller are not under undue duress.
        (2) Frontier county.--The term ``Frontier County'' means 
    Frontier County, Nebraska, acting through the Board of 
    Commissioners of Frontier County.
        (3) Hitchcock county.--The term ``Hitchcock County'' means 
    Hitchcock County, Nebraska, acting through the Board of 
    Commissioners of Hitchcock County.
        (4) Hugh butler reservoir.--The term ``Hugh Butler Reservoir'' 
    means the Hugh Butler Lake and Red Willow Dam constructed as part 
    of the Pick-Sloan Missouri Basin Program, Frenchman-Cambridge 
    Division, 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).
        (5) Lakeview lodge management agreement.--The term ``Lakeview 
    Lodge Management Agreement'' means the management agreement 
    entitled ``Management Agreement between the Bureau of Reclamation, 
    et al., for the Development, Operation, and Maintenance of a 
    Concession Operation at Swanson Reservoir, Nebraska'', numbered 23-
    LM-60-4160, and dated November 1, 2023.
        (6) Lakeview lodge permitted concession land.--The term 
    ``Lakeview Lodge Permitted Concession Land'' means the 
    approximately 21.5 acres of land and water for the operation of a 
    public concession at Swanson Reservoir, as generally depicted on 
    the map prepared by the Bureau of Reclamation entitled ``Lakeview 
    Lodge Concession Boundary'' and dated August 2023.
        (7) Red willow management agreement.--The term ``Red Willow 
    Management Agreement'' means the management agreement entitled 
    ``Management Agreement between the Bureau of Reclamation, et al., 
    for the Development, Management, Operation, and Maintenance of a 
    Concession Operation at Hugh Butler Reservoir, Nebraska'', numbered 
    24-LM-60-5155, and dated March 7, 2024.
        (8) Red willow permitted cabin land.--The term ``Red Willow 
    Permitted Cabin Land'' means the approximately 6.5 acres of land 
    encompassing the 8 permitted cabin lots at the Hugh Butler 
    Reservoir, as generally depicted on the map prepared by the Bureau 
    of Reclamation entitled ``Red Willow Cabin Map'' and dated March 
    2024.
        (9) Red willow permitted concession land.--The term ``Red 
    Willow Permitted Concession Land'' means the approximately 23 acres 
    of land and water for the operation of a public service concession 
    at the Hugh Butler Reservoir, as generally depicted on the map 
    prepared by the Bureau of Reclamation entitled ``Red Willow 
    Concession Boundary'' and dated August 2023.
        (10) Requested federal land.--The term ``requested Federal 
    land'' means each of the following parcels of land, or any subset 
    of those parcels, with respect to which a title transfer agreement 
    is executed:
            (A) The Lakeview Lodge Permitted Concession Land.
            (B) The Red Willow Permitted Cabin Land.
            (C) The Red Willow Permitted Concession Land.
            (D) The Swanson Permitted Cabin Land.
            (E) The Swanson Permitted Concession Land.
        (11) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior, acting through the Commissioner of Reclamation.
        (12) State.--The term ``State'' means the State of Nebraska.
        (13) Swanson management agreement.--The term ``Swanson 
    Management Agreement'' means the management agreement entitled 
    ``Management Agreement between the Bureau of Reclamation, et al., 
    for the Development, Management, Operation, and Maintenance of a 
    Concession Operation at Swanson Reservoir, Nebraska'', numbered 24-
    LM-60-5154, and dated April 19, 2024.
        (14) Swanson permitted cabin land.--The term ``Swanson 
    Permitted Cabin Land'' means the approximately 6.2 acres of land 
    encompassing the 11 permitted cabin lots at the Swanson Reservoir, 
    as generally depicted on the map prepared by the Bureau of 
    Reclamation entitled ``Swanson Cabin Map'' and dated March 2024.
        (15) Swanson permitted concession land.--The term ``Swanson 
    Permitted Concession Land'' means the approximately 20 acres of 
    land and water for the operation of a public service concession at 
    the Swanson Reservoir, as generally depicted on the map prepared by 
    the Bureau of Reclamation entitled ``Swanson Concession Boundary'' 
    and dated August 2023.
        (16) Swanson reservoir.--The term ``Swanson Reservoir'' means 
    the Swanson Reservoir and Trenton Dam constructed as part of the 
    Pick-Sloan Missouri Basin Program, Frenchman-Cambridge Division, 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).
        (17) Title transfer agreement.--The term ``title transfer 
    agreement'' means a title transfer agreement entered into under 
    section 3(a)(1) between the Secretary and Frontier County or 
    Hitchcock County, as applicable, that establishes the legal, 
    institutional, and financial terms for the conveyance of the 
    applicable requested Federal land.
SEC. 3. CONVEYANCES OF FEDERAL LAND TO HITCHCOCK COUNTY AND FRONTIER 
COUNTY, NEBRASKA.
    (a) Conveyances to Hitchcock County and Frontier County.--
        (1) Title transfer agreement.--Subject to paragraphs (2) and 
    (5) and sections 4 and 5, not later than 3 years after the date of 
    enactment of this Act, the Secretary shall make good faith efforts 
    to enter into negotiations for, and enter into, title transfer 
    agreements with each of Hitchcock County and Frontier County--
            (A) under which the Secretary shall convey to Hitchcock 
        County or Frontier County, as applicable, all requested right, 
        title, and interest of the United States in and to the 
        applicable requested Federal land;
            (B) that provides that, as a condition of the conveyance, 
        the applicable requested Federal land--
                (i) shall be conveyed in whole; and
                (ii) shall not be subdivided; and
            (C) that provides a plan for--
                (i) a demonstration of--

                    (I) the technical capability of Hitchcock County or 
                Frontier County, as applicable, to operate and maintain 
                the applicable requested Federal land permanently; and
                    (II) the ability of Hitchcock County or Frontier 
                County, as applicable, to satisfy financial obligations 
                relating to the applicable requested Federal land; and

                (ii) the management by Hitchcock County or Frontier 
            County, as applicable, of the applicable requested Federal 
            land to be conveyed in accordance with the applicable title 
            transfer agreement, including addressing any issues to 
            ensure compliance with applicable State fire, safety, and 
            health codes and standards not later than 2 years after the 
            date of the applicable conveyance.
        (2) Requirement.--Notwithstanding section 8002(3)(B) of the 
    John D. Dingell, Jr. Conservation, Management, and Recreation Act 
    (43 U.S.C. 2902(3)(B)), the Secretary shall negotiate the title 
    transfer agreement under paragraph (1) in accordance with the 
    criteria, terms, and conditions described in subtitle A of title 
    VIII of that Act (43 U.S.C. 2901 et seq.).
        (3) Offer to convey.--As soon as practicable after the date on 
    which a title transfer agreement is entered into pursuant to 
    paragraph (1), the Secretary shall offer to convey to Hitchcock 
    County or Frontier County, as applicable, all right, title, and 
    interest of the United States in and to the applicable requested 
    Federal land, in accordance with the terms and conditions described 
    in the applicable title transfer agreement.
        (4) Costs.--
            (A) Consideration.--
                (i) In general.--As consideration for the conveyance of 
            the applicable requested Federal land under paragraph (3), 
            Hitchcock County or Frontier County, as applicable, shall 
            pay to the Secretary, for use in accordance with clause 
            (iii), an amount equal to the fair market value of the 
            applicable requested Federal land, as determined by an 
            appraisal conducted--

                    (I) in accordance with clause (ii);
                    (II) by a third-party appraiser approved by the 
                Secretary; and
                    (III) subject to the management requirements under 
                paragraph (5) and section 4.

                (ii) Appraisal requirements.--

                    (I) In general.--An appraisal under clause (i) 
                shall be conducted in accordance with the Uniform 
                Standards of Professional Appraisal Practice.
                    (II) Improvements.--For purposes of clause (i), any 
                improvements to the applicable requested Federal land 
                made by a permit holder shall not be included in the 
                appraised value of the applicable requested Federal 
                land.
                    (III) Resolution of dispute.--Any dispute over the 
                fair market value of the applicable requested Federal 
                land under an appraisal conducted under clause (i) 
                shall be resolved in accordance with section 2201.4 of 
                title 43, Code of Federal Regulations (or a successor 
                regulation).
                    (IV) Consideration of revenues.--An appraisal under 
                clause (i) shall take into consideration any future 
                income stream that the United States would have derived 
                from the applicable requested Federal land at the time 
                of the conveyance, including revenues to the United 
                States--

                        (aa) from existing water service and repayment 
                    contracts;
                        (bb) from known or reasonably foreseeable new 
                    contracts or renewals;
                        (cc) as aid to irrigation; and
                        (dd) from any other authorized source.
                (iii) Use.--Amounts paid under clause (i) shall be 
            available to the Secretary, subject to further 
            appropriation, for activities relating to the operation of 
            the Hugh Butler Reservoir and Swanson Reservoir.
            (B) Conveyance costs.--As a condition of a conveyance under 
        paragraph (3), Hitchcock County or Frontier County, as 
        applicable, shall be responsible for paying, in advance of the 
        conveyance of the applicable requested Federal land, all survey 
        and other administrative costs, as determined to be necessary 
        by the Secretary, for the preparation and completion of 
        transfer of title to, the applicable requested Federal land.
        (5) Management.--Hitchcock County and Frontier County shall 
    each manage the applicable requested Federal land conveyed to 
    Hitchcock County or Frontier County, as applicable, under paragraph 
    (3)--
            (A) for substantially the same purposes for which the 
        applicable requested Federal land is being used as of the date 
        of enactment of this Act; or
            (B) for--
                (i) 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) public access;
                (iii) fish and wildlife habitat; or
                (iv) the preservation of the natural character of the 
            applicable requested Federal land.
    (b) Subsequent Conveyance of Requested Federal Land.--
        (1) In general.--Except as provided in paragraph (2), on 
    completion of a conveyance to Hitchcock County or Frontier County, 
    as applicable, of the applicable requested Federal land under 
    subsection (a), Hitchcock County or Frontier County, as applicable, 
    may not subsequently reconvey the applicable requested Federal 
    land.
        (2) Exceptions.--Notwithstanding paragraph (1), Hitchcock 
    County or Frontier County, as applicable, may subsequently convey 
    the applicable requested Federal land if--
            (A) the applicable requested Federal land is reconveyed, at 
        no cost, to an entity located in the State that is recognized 
        by the State as a publicly owned or governmental organization, 
        including--
                (i) a State agency;
                (ii) a county, city, village, or township in, or 
            political subdivision of, the State;
                (iii) a natural resource district; and
                (iv) an irrigation or reclamation district;
            (B) Hitchcock County or Frontier County, as applicable, has 
        demonstrated an impending adverse impact if the applicable 
        requested Federal land is not reconveyed;
            (C) the entity to which the applicable requested Federal 
        land would be reconveyed has the capacity to continue to manage 
        the applicable requested Federal land for the same purposes for 
        which the applicable requested Federal land has been managed as 
        of the date of enactment of this Act; and
            (D) the applicable requested Federal land to be reconveyed 
        would continue to be available for public access.
        (3) Future conveyances.--A subsequent conveyance of requested 
    Federal land shall be subject to the requirements of this 
    subsection and subsection (a)(5).
SEC. 4. EFFECT ON RESERVATIONS, EASEMENTS, AND OTHER RIGHTS.
    (a) In General.--A conveyance under section 3(a) shall be subject 
to--
        (1) valid existing rights;
        (2) operational requirements of the Pick-Sloan Missouri River 
    Basin Program 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 Swanson Reservoir and Hugh 
    Butler Reservoir;
        (3) any flowage easement reserved by the United States to allow 
    full operation of the Swanson Reservoir and Hugh Butler Reservoir, 
    as applicable, for authorized purposes;
        (4) any applicable reservations described in the Lakeview Lodge 
    Management Agreement, Red Willow Management Agreement, or Swanson 
    Management Agreement, as applicable;
        (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 
    requested Federal land, whether owned by the United States or a 
    third party, as of the date of enactment of this Act;
        (7) as applicable, a deed restriction that prohibits building 
    any new permanent structure on the applicable requested Federal 
    land below an elevation of--
            (A) 2,785 feet at Swanson Reservoir; or
            (B) 2,628 feet at Hugh Butler Reservoir; and
        (8) the granting of applicable easements for--
            (A) vehicular access to the applicable requested Federal 
        land; and
            (B) access to, and use of, all docks, boathouses, ramps, 
        retaining walls, and other improvements for which access is 
        provided in a permit for the use of the applicable requested 
        Federal land 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, Hitchcock County, or Frontier County, or for 
    damages arising out of any act, omission, or occurrence relating to 
    a permit holder, Hitchcock County, or Frontier County, 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) Hold harmless.--Hitchcock County, Frontier County, and any 
    entity to which requested Federal land is subsequently conveyed 
    pursuant to section 3(b)(2) shall agree to indemnify and hold 
    harmless the Unites States for all claims by Hitchcock County, 
    Frontier County, or others arising from--
            (A) the design, construction, operation, maintenance, or 
        replacement of Red Willow Dam, Hugh Butler Reservoir, Trenton 
        Dam, or Swanson Reservoir;
            (B) the survey of claims, description of claims, 
        delineation of boundaries, conveyance documents, conveyance 
        process, and recording of deeds associated with a conveyance 
        under this Act; or
            (C) any damages associated with a structure or land that 
        may be displaced in a flood event.
        (3) No additional liability.--Nothing in this Act increases the 
    liability of the United States beyond the liability provided under 
    chapter 171 of title 28, United States Code (commonly known as the 
    ``Federal Tort Claims Act'').
        (4) Taking.--Any temporary flooding or flood damage to a 
    property, Hitchcock County, or Frontier County, shall not be 
    considered to be a taking by the United States.
SEC. 5. INTERIM REQUIREMENTS.
    (a) In General.--During the period beginning on the date of 
enactment of this Act and ending on the date that is the later of the 
date that is 3 years after the date of enactment of this Act or the 
date of conveyance of the applicable requested Federal land under 
section 3(a), the provisions of the Lakeview Lodge Management 
Agreement, Red Willow Management Agreement, and Swanson Management 
Agreement, as applicable, and any applicable permits, shall remain in 
force and effect.
    (b) Effect of Failure to Enter Into Title Transfer Agreement.--If, 
by the date that is 3 years after the date of enactment of this Act, 
Hitchcock County or Frontier County, as applicable, have not entered 
into a title transfer agreement with the Secretary under section 
3(a)(1), the Secretary shall manage any of the Lakeview Lodge Permitted 
Concession Land, the Red Willow Permitted Cabin Land, the Red Willow 
Permitted Concession Land, the Swanson Permitted Cabin Land, and the 
Swanson Permitted Concession Land, as applicable, that is not subject 
to a title transfer agreement in accordance with applicable law.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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