```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8413 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
118th CONGRESS
  2d Session
                                H. R. 8413

_______________________________________________________________________

                                 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.

            Passed the House of Representatives December 5, 2024.

            Attest:

                                                                 Clerk.
118th CONGRESS

  2d Session

                               H. R. 8413

_______________________________________________________________________

                                 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.
```