IB 

Union Calendar No. 620 

118TH CONGRESS 

2D SESSION H. R. 8413 

[Report No. 118–735] 

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 HOUSE OF REPRESENTATIVES 

MAY 15, 2024 

Mr. SMITH of Nebraska (for himself, Mr. FLOOD, Mr. BACON, and Mr. 

MANN) introduced the following bill; which was referred to the Committee 

on Natural Resources 

NOVEMBER 14, 2024 

Additional sponsors: Ms. DAVIDS of Kansas and Ms. BOEBERT

NOVEMBER 14, 2024 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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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. 


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

3 SECTION 1. SHORT TITLE. 

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

5 Butler Reservoirs Land Conveyances Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

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

10 right, means the most probable price, as of a speci11 fied date, in cash, terms equivalent to cash, or other 

12 precisely revealed terms, for which the specified 

13 property right should sell after reasonable exposure 

14 in a competitive market under all conditions req15 uisite for a fair sale, with the buyer and seller each 

16 acting prudently, knowledgeably, and in the self-in17 terest of the buyer or seller, as applicable, and as18 suming that the buyer and seller are not under 

19 undue duress. 

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

21 County’’ means Frontier County, Nebraska, acting 

22 through the Board of Commissioners of Frontier 

23 County. 

24 (3) HITCHCOCK COUNTY.—The term ‘‘Hitch25 cock County’’ means Hitchcock County, Nebraska, 


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1 acting through the Board of Commissioners of 

2 Hitchcock 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 

6 the Pick-Sloan Missouri Basin Program, French7 man-Cambridge Division, as authorized by section 9 

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

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

10 chapter 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 

15 of Reclamation, et al., for the Development, Oper16 ation, and Maintenance of a Concession Operation 

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

18 and dated March 1, 2022. 

19 (6) LAKEVIEW LODGE PERMITTED CONCESSION

20 LAND.—The term ‘‘Lakeview Lodge Permitted Con21 cession Land’’ means the approximately 21.5 acres 

22 of land and water for the operation of a public con23 cession at Swanson Reservoir— 

(A) located in the NE1⁄4NE1 24 ⁄4 sec. 9, T. 2 

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


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1 (B) as generally depicted on the map pre2 pared by the Bureau of Reclamation entitled 

3 ‘‘Lakeview Lodge Concession Boundary’’ and 

4 dated August 2023; and 

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

6 the Secretary determines to be appropriate. 

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

8 any cabin or trailer site— 

9 (A) with respect to which a permit is in ef10 fect on the date of enactment of this Act; and 

11 (B) that is located on— 

12 (i) the Lakeview Lodge Permitted 

13 Concession Land; 

14 (ii) the Red Willow Permitted Cabin 

15 Land; 

16 (iii) the Red Willow Permitted Con17 cession Land; 

18 (iv) the Swanson Permitted Cabin 

19 Land; or 

20 (v) the Swanson Permitted Concession 

21 Land. 

22 (8) RED WILLOW MANAGEMENT AGREEMENT.— 

23 The term ‘‘Red Willow Management Agreement’’ 

24 means the management agreement entitled ‘‘Man25 agement Agreement between the Bureau of RecVerDate Sep 11 2014 23:19 Nov 14, 2024 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8413.RH H8413

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1 lamation, et al., for the Development, Management, 

2 Operation, and Maintenance of a Concession Oper3 ation at Hugh Butler Reservoir’’, numbered 24– 

4 LM–60–5155, and dated May 1, 2024. 

5 (9) RED WILLOW PERMITTED CABIN LAND.— 

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

7 means the approximately 6.5 acres of land encom8 passing the 8 permitted cabin lots at the Hugh But9 ler Reservoir— 

(A) located in the S1 10 ⁄2 sec. 35, T. 5 N., R. 

11 30 W., sixth principal meridian; 

12 (B) as generally depicted on the map pre13 pared by the Bureau of Reclamation entitled 

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

15 2024; and 

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

17 the Secretary determines to be appropriate. 

18 (10) RED WILLOW PERMITTED CONCESSION

19 LAND.—The term ‘‘Red Willow Permitted Conces20 sion Land’’ means the approximately 23 acres of 

21 land and water for the operation of a public service 

22 concession at the Hugh Butler Reservoir— 

(A) located in the E1 23 ⁄2 sec. 25, T. 5 N., R. 

24 30 W., sixth principal meridian; 


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1 (B) as generally depicted on the map pre2 pared by the Bureau of Reclamation entitled 

3 ‘‘Red Willow Concession Boundary’’ and dated 

4 August 2023; and 

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

6 the Secretary determines to be appropriate. 

7 (11) REQUESTED FEDERAL LAND.—The term 

8 ‘‘requested Federal land’’ means each of the fol9 lowing parcels of land, or any subset of those par10 cels, with respect to which a title transfer agreement 

11 is executed: 

12 (A) The Lakeview Lodge Permitted Con13 cession Land. 

14 (B) The Red Willow Permitted Cabin 

15 Land. 

16 (C) The Red Willow Permitted Concession 

17 Land. 

18 (D) The Swanson Permitted Cabin Land. 

19 (E) The Swanson Permitted Concession 

20 Land. 

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

22 means the Secretary of the Interior, acting through 

23 the Commissioner of Reclamation. 

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

25 State of Nebraska. 


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1 (14) SWANSON MANAGEMENT AGREEMENT.— 

2 The term ‘‘Swanson Management Agreement’’ 

3 means the management agreement entitled ‘‘Man4 agement Agreement between the Bureau of Rec5 lamation, et al., for the Development, Management, 

6 Operation, and Maintenance of Concession Oper7 ation at Swanson Reservoir’’, numbered 23–LM–60– 

8 4170, and dated May 1, 2023. 

9 (15) SWANSON PERMITTED CABIN LAND.—The 

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

11 approximately 6.2 acres of land encompassing the 11 

12 permitted cabin lots at the Swanson Reservoir— 

(A) located in the N1⁄2 sec. 18, S1 13 ⁄2 sec. 7, 

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

15 (B) as generally depicted on the map pre16 pared by the Bureau of Reclamation entitled 

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

18 and 

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

20 the Secretary determines to be appropriate. 

21 (16) SWANSON PERMITTED CONCESSION

22 LAND.—The term ‘‘Swanson Permitted Concession 

23 Land’’ means the approximately 20 acres of land 

24 and water for the operation of a public service con25 cession at the Swanson Reservoir— 


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(A) located in the N1 1 ⁄2 sec. 17, T. 2 N., R. 

2 33 W., sixth principal meridian; 

3 (B) as generally depicted on the map pre4 pared by the Bureau of Reclamation entitled 

5 ‘‘Swanson Concession Boundary’’ and dated 

6 August 2023; and 

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

8 the Secretary determines to be appropriate. 

9 (17) SWANSON RESERVOIR.—The term ‘‘Swan10 son Reservoir’’ means the Swanson Reservoir and 

11 Trenton Dam constructed as part of the Pick-Sloan 

12 Missouri Basin Program, Frenchman-Cambridge Di13 vision, as authorized by section 9 of the Act of De14 cember 22, 1944 (commonly known as the ‘‘Flood 

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

16 (18) TITLE TRANSFER AGREEMENT.—The term 

17 ‘‘title transfer agreement’’ means a title transfer 

18 agreement between the Secretary and Frontier 

19 County or Hitchcock County, as applicable, entered 

20 into pursuant to a memorandum of agreement to de21 termine the legal, institutional, and financial terms 

22 for the conveyance of the Lakeview Lodge Permitted 

23 Concession Land, Red Willow Permitted Cabin 

24 Land, Red Willow Permitted Concession Land, 


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1 Swanson Permitted Cabin Land, or Swanson Per2 mitted Concession Land, as applicable. 

3 SEC. 3. CONVEYANCES OF FEDERAL LAND TO HITCHCOCK 

4 COUNTY AND FRONTIER COUNTY, NEBRASKA. 

5 (a) CONVEYANCE TO HITCHCOCK COUNTY.— 

6 (1) TITLE TRANSFER AGREEMENT.—Subject to 

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

8 later than 3 years after the date of enactment of 

9 this Act, the Secretary shall enter into good faith 

10 negotiations to enter into a title transfer agreement 

11 with Hitchcock County under which the Secretary 

12 shall convey to Hitchcock County all requested right, 

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

14 Swanson Permitted Cabin Land, the Swanson Per15 mitted Concession Land, or the Lakeview Lodge 

16 Permitted Concession Land, as applicable. 

17 (2) PROHIBITION ON SUBDIVISION.—A title 

18 transfer agreement entered into pursuant to para19 graph (1) shall be subject to the condition that the 

20 Swanson Permitted Cabin Land, the Swanson Per21 mitted Concession Land, or the Lakeview Lodge 

22 Permitted Concession Land, as applicable— 

23 (A) shall be conveyed in whole; and 

24 (B) shall not be subdivided. 


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

2 after the date on which a title transfer agreement is 

3 entered into pursuant to paragraph (1), the Sec4 retary shall offer to convey to Hitchcock County all 

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

6 to the Swanson Permitted Cabin Land, the Swanson 

7 Permitted Concession Land, or the Lakeview Lodge 

8 Permitted Concession Land, as applicable, in accord9 ance with paragraph (2) and the terms and condi10 tions described in the title transfer agreement. 

11 (4) MEMORANDUM OF AGREEMENT.— 

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

13 after the date of enactment of this Act, the Sec14 retary shall enter into a memorandum of agree15 ment with Hitchcock County to establish and 

16 define the roles and responsibilities for actions 

17 required to convey to Hitchcock County the 

18 Swanson Permitted Cabin Land, Swanson Per19 mitted Concession Land, or Lakeview Lodge 

20 Permitted Concession Land, as applicable, in 

21 accordance with the title transfer agreement. 

22 (B) REQUIREMENT.—The memorandum of 

23 agreement entered into under subparagraph (A) 

24 shall include the establishment of a plan for— 


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1 (i) the demonstration by Hitchcock 

2 County of— 

3 (I) the technical capability of 

4 Hitchcock County to operate and 

5 maintain the Swanson Permitted 

6 Cabin Land, Swanson Permitted Con7 cession Land, or Lakeview Lodge Per8 mitted Concession Land, as applica9 ble, permanently; and 

10 (II) the ability of Hitchcock 

11 County to satisfy financial obligations 

12 relating to the Swanson Permitted 

13 Cabin Land, Swanson Permitted Con14 cession Land, or Lakeview Lodge Per15 mitted Concession Land, as applica16 ble; and 

17 (ii) the management by Hitchcock 

18 County of the Swanson Permitted Cabin 

19 Land, Swanson Permitted Concession 

20 Land, or Lakeview Lodge Permitted Con21 cession Land, as applicable, to be conveyed 

22 in accordance with the memorandum of 

23 agreement, including addressing any issues 

24 to ensure compliance with applicable State 

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1 ards not later than 2 years after the date 

2 of the applicable conveyance. 

3 (5) COSTS.— 

4 (A) CONSIDERATION.— 

5 (i) IN GENERAL.—As consideration 

6 for the conveyance of the Swanson Per7 mitted Cabin Land, Swanson Permitted 

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

10 under paragraph (1), Hitchcock County 

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

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

14 chapter 1093), in an amount equal to the 

15 fair market value of the Swanson Per16 mitted Cabin Land, Swanson Permitted 

17 Concession Land, or Lakeview Lodge 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 Swanson Permitted Cabin Land, the 

10 Swanson Permitted Concession Land, 

11 or the Lakeview Lodge Permitted 

12 Concession Land, as applicable, made 

13 by a permit holder shall not be in14 cluded in the appraised value of the 

15 Swanson Permitted Cabin Land, 

16 Swanson Permitted Concession Land, 

17 or Lakeview Lodge Permitted Conces18 sion Land, respectively. 

19 (III) RESOLUTION OF DIS20 PUTE.—Any dispute over the fair 

21 market value of the Swanson Per22 mitted Cabin Land, the Swanson Per23 mitted Concession Land, or the 

24 Lakeview Lodge Permitted Concession 

25 Land under an appraisal conducted 


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1 under clause (i) shall be resolved in 

2 accordance with section 2201.4 of title 

3 43, Code of Federal Regulations (or a 

4 successor regulation). 

5 (IV) CONSIDERATION OF REVE6 NUES.—An appraisal under clause (i) 

7 shall take into consideration any fu8 ture income stream that the United 

9 States would have derived from the 

10 Swanson Permitted Cabin Land, the 

11 Swanson Permitted Concession Land, 

12 or the Lakeview Lodge Permitted 

13 Concession Land, as applicable, at the 

14 time of the conveyance, including rev15 enues to the United States— 

16 (aa) from existing water 

17 service and repayment contracts; 

18 (bb) from known or reason19 ably foreseeable new contracts or 

20 renewals; 

21 (cc) as aid to irrigation; and 

22 (dd) from any other author23 ized source. 

24 (B) CONVEYANCE COSTS.— 


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1 (i) IN GENERAL.—Hitchcock County 

2 shall be responsible for paying, in advance 

3 of the conveyance of the Swanson Per4 mitted Cabin Land, Swanson Permitted 

5 Concession Land, or Lakeview Lodge Per6 mitted Concession Land, as applicable, 

7 under paragraph (1), the estimated costs 

8 associated with the conveyance, as deter9 mined by the Secretary. 

10 (ii) INCLUSIONS.—Conveyance costs 

11 under clause (i) may include— 

12 (I) any transaction, survey, and 

13 administrative costs necessary for the 

14 preparation and completion of trans15 fer of title; 

16 (II) the costs of legal instru17 ments and deeds; 

18 (III) the costs of compliance with 

19 the National Environmental Policy 

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

21 and other applicable Federal laws; 

22 and 

23 (IV) the costs of any other con24 veyance procedures determined to be 

25 necessary by the Secretary. 


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1 (6) MANAGEMENT.—Hitchcock County shall 

2 manage the Swanson Permitted Cabin Land, the 

3 Swanson Permitted Concession Land, or the 

4 Lakeview Lodge Permitted Concession Land, as ap5 plicable, conveyed under paragraph (1)— 

6 (A) for substantially the same purposes for 

7 which the Swanson Permitted Cabin Land, 

8 Swanson Permitted Concession Land, or 

9 Lakeview Lodge Permitted Concession Land, 

10 respectively, is being used as of the date of en11 actment of this Act; or 

12 (B) for— 

13 (i) recreation and public purposes con14 sistent with the Act of June 14, 1926 

15 (commonly known as the ‘‘Recreation and 

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

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

18 (ii) public access; 

19 (iii) fish and wildlife habitat; or 

20 (iv) the preservation of the natural 

21 character of the Swanson Permitted Cabin 

22 Land, Swanson Permitted Concession 

23 Land, or Lakeview Lodge Permitted Con24 cession Land, respectively. 

25 (b) CONVEYANCE TO FRONTIER COUNTY.— 


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1 (1) TITLE TRANSFER AGREEMENT.—Subject to 

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

3 later than 3 years after the date of enactment of 

4 this Act, the Secretary shall enter into good faith 

5 negotiations to enter into a title transfer agreement 

6 with Frontier County under which the Secretary 

7 shall convey to Frontier County all requested right, 

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

9 Red Willow Permitted Cabin Land or the Red Wil10 low Permitted Concession Land, as applicable. 

11 (2) PROHIBITION ON SUBDIVISION.—A title 

12 transfer agreement entered into pursuant to para13 graph (1) shall be subject to the condition that the 

14 Red Willow Permitted Cabin Land or the Red Wil15 low 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 Frontier County all 

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

23 to the Red Willow Permitted Cabin Land or the Red 

24 Willow Permitted Concession Land, as applicable, in 


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1 accordance with paragraph (2) and the terms and 

2 conditions 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 Frontier County to establish and de8 fine the roles and responsibilities for actions re9 quired to convey to Frontier County the Red 

10 Willow Permitted Cabin Land or Red Willow 

11 Permitted Concession Land, as applicable, in 

12 accordance with the title transfer agreement. 

13 (B) REQUIREMENT.—The memorandum of 

14 agreement entered into under subparagraph (A) 

15 shall include the establishment of a plan for— 

16 (i) the demonstration by Frontier 

17 County of— 

18 (I) the technical capability of 

19 Frontier County to operate and main20 tain the Red Willow Permitted Cabin 

21 Land or Red Willow Permitted Con22 cession Land, as applicable, perma23 nently; and 

24 (II) the ability of Frontier Coun25 ty to satisfy financial obligations reVerDate Sep 11 2014 23:19 Nov 14, 2024 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H8413.RH H8413

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1 lating to the Red Willow Permitted 

2 Cabin Land or Red Willow Permitted 

3 Concession Land, as applicable; and 

4 (ii) the management by Frontier 

5 County of the Red Willow Permitted Cabin 

6 Land or Red Willow Permitted Concession 

7 Land, as applicable, to be conveyed in ac8 cordance with the memorandum of agree9 ment, including addressing any issues to 

10 ensure compliance with applicable State 

11 fire, safety, and health codes and stand12 ards not later than 2 years after the date 

13 of the conveyance. 

14 (5) COSTS.— 

15 (A) CONSIDERATION.— 

16 (i) IN GENERAL.—As consideration 

17 for the conveyance of the Red Willow Per18 mitted Cabin Land or Red Willow Per19 mitted Concession Land, as applicable, 

20 under paragraph (1), Frontier County 

21 shall provide compensation to the reclama22 tion fund established by the first section of 

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

24 chapter 1093), in an amount equal to the 

25 fair market value of the Red Willow PerVerDate Sep 11 2014 23:19 Nov 14, 2024 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H8413.RH H8413

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1 mitted Cabin Land or Red Willow Per2 mitted Concession Land, respectively, as 

3 determined by an appraisal conducted— 

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

5 (II) by a third-party appraiser 

6 approved by the Secretary; and 

7 (III) subject to the management 

8 requirements under paragraph (6) 

9 and section 4. 

10 (ii) APPRAISAL REQUIREMENTS.— 

11 (I) IN GENERAL.—An appraisal 

12 under clause (i) shall be conducted in 

13 accordance with the Uniform Stand14 ards of Professional Appraisal Prac15 tice. 

16 (II) EXCLUSION.—For purposes 

17 of clause (i), any improvements to the 

18 Red Willow Permitted Cabin Land or 

19 the Red Willow Permitted Concession 

20 Land, as applicable, made by a permit 

21 holder shall not be included in the ap22 praised value of the Red Willow Per23 mitted Cabin Land or Red Willow 

24 Permitted Concession Land, respec25 tively. 


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1 (III) RESOLUTION OF DIS2 PUTE.—Any dispute over the fair 

3 market value of the Red Willow Per4 mitted Cabin Land or the Red Willow 

5 Permitted Concession Land, as appli6 cable, under an appraisal conducted 

7 under clause (i) shall be resolved in 

8 accordance with section 2201.4 of title 

9 43, Code of Federal Regulations (or a 

10 successor regulation). 

11 (IV) CONSIDERATION OF REVE12 NUES.—An appraisal under clause (i) 

13 shall take into consideration any fu14 ture income stream that the United 

15 States would have derived from the 

16 Red Willow Permitted Cabin Land or 

17 the Red Willow Permitted Concession 

18 Land, as applicable, at the time of the 

19 conveyance, including revenues to the 

20 United States— 

21 (aa) from existing water 

22 service and repayment contracts; 

23 (bb) from known or reason24 ably foreseeable new contracts or 

25 renewals; 


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1 (cc) as aid to irrigation; and 

2 (dd) from any other author3 ized source. 

4 (B) CONVEYANCE COSTS.— 

5 (i) IN GENERAL.—Frontier County 

6 shall be responsible for paying, in advance 

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

10 under paragraph (1), the estimated costs 

11 associated with the conveyance, as deter12 mined by the Secretary. 

13 (ii) INCLUSIONS.—Conveyance costs 

14 under clause (i) may include— 

15 (I) any transaction, survey, and 

16 administrative costs necessary for the 

17 preparation and completion of trans18 fer of title; 

19 (II) the costs of legal instru20 ments and deeds; 

21 (III) the costs of compliance with 

22 the National Environmental Policy 

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

24 and other applicable Federal laws; 

25 and 


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1 (IV) the costs of any other con2 veyance procedures determined to be 

3 necessary by the Secretary. 

4 (6) MANAGEMENT.—Frontier County shall 

5 manage the Red Willow Permitted Cabin Land or 

6 the Red Willow Permitted Concession Land, as ap7 plicable, conveyed under paragraph (1)— 

8 (A) for substantially the same purposes for 

9 which the Red Willow Permitted Cabin Land or 

10 Red Willow Permitted Concession Land, respec11 tively, is being used as of the date of enactment 

12 of this Act; or 

13 (B) for— 

14 (i) recreation and public purposes con15 sistent with the Act of June 14, 1926 

16 (commonly known as the ‘‘Recreation and 

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

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

19 (ii) public access; 

20 (iii) fish and wildlife habitat; or 

21 (iv) the preservation of the natural 

22 character of the Red Willow Permitted 

23 Cabin Land or Red Willow Permitted Con24 cession Land, respectively. 


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1 (c) RECLAMATION TITLE TRANSFER PROCE2 DURES.—Any procedures for the conveyance of requested 

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

4 the requirements contained in the Reclamation Manual 

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

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

7 to be applicable by the Secretary. 

8 (d) SUBSEQUENT CONVEYANCE OF REQUESTED

9 FEDERAL LAND.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2), on completion of a conveyance to Hitch12 cock County or Frontier County, as applicable, of re13 quested Federal land under subsection (a) or (b), 

14 Hitchcock County or Frontier County may not sub15 sequently reconvey the applicable requested Federal 

16 land. 

17 (2) EXCEPTIONS.—Notwithstanding paragraph 

18 (1), Hitchcock County or Frontier County may sub19 sequently convey requested Federal land if— 

20 (A) the requested Federal land is recon21 veyed, at no cost, to an entity located in the 

22 State that is recognized by the State as a pub23 licly owned or governmental organization, in24 cluding— 

25 (i) a State agency; 


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

2 in, or political subdivision of, the State; 

3 (iii) a natural resource district; and 

4 (iv) an irrigation or reclamation dis5 trict; 

6 (B) Hitchcock County or Frontier County, 

7 respectively, has demonstrated an impending 

8 adverse impact if the requested Federal land is 

9 not reconveyed; 

10 (C) the entity to which the requested Fed11 eral land would be reconveyed has the capacity 

12 to continue to manage the requested Federal 

13 land for the same purposes for which the re14 quested Federal land has been managed as of 

15 the date of enactment of this Act; and 

16 (D) the requested Federal land to be re17 conveyed would continue to be available for 

18 public access. 

19 (3) FUTURE CONVEYANCES.—A subsequent 

20 conveyance of requested Federal land shall be sub21 ject to the requirements of this subsection and sub22 sections (a)(6) and (b)(6), as applicable. 


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

2 OTHER RIGHTS. 

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

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

5 (1) valid existing rights; 

6 (2) operational requirements of the Pick-Sloan 

7 Missouri River Basin Program authorized by section 

8 9 of the Act of December 22, 1944 (commonly 

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

10 Stat. 891, chapter 665), including Swanson Res11 ervoir and Hugh Butler Reservoir; 

12 (3) any flowage easement reserved by the 

13 United States to allow full operation of the Swanson 

14 Reservoir and Hugh Butler Reservoir for authorized 

15 purposes, as applicable; 

16 (4) any applicable reservations described in— 

17 (A) the Lakeview Lodge Management 

18 Agreement, Red Willow Management Agree19 ment, or Swanson Management Agreement, as 

20 applicable; or 

21 (B) an applicable cabin permit; 

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

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

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

25 party, with respect to the applicable requested Fed26 eral land; 


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•HR 8413 RH

1 (6) any permit, license, lease, right-of-use, flow2 age easement, or right-of-way of record in, on, over, 

3 or across the applicable requested Federal land, 

4 whether owned by the United States or a third 

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

6 (7) a deed restriction that prohibits building 

7 any new permanent structure on the applicable re8 quested Federal land below an elevation of— 

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

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

11 and 

12 (8) the granting of applicable easements for— 

13 (A) vehicular access to the applicable re14 quested Federal land; and 

15 (B) access to, and use of, all docks, boat16 houses, ramps, retaining walls, and other im17 provements for which access is provided in a 

18 permit for the use of the applicable requested 

19 Federal land as of the date of enactment of this 

20 Act. 

21 (b) LIABILITY; TAKING.— 

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

23 liable for flood damage to a property, Hitchcock 

24 County, or Frontier County, or for damages arising 

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


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•HR 8413 RH

1 permit holder, Hitchcock County, or Frontier Coun2 ty, other than for damages caused by an act or 

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

4 or contractor of the United States before the date of 

5 enactment of this Act. 

6 (2) HOLD HARMLESS.—Hitchcock County, 

7 Frontier County, and any entity to which requested 

8 Federal land is subsequently conveyed pursuant to 

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

10 harmless the Unites States for all claims by Hitch11 cock County, Frontier County, or others arising 

12 from— 

13 (A) the design, construction, operation, 

14 maintenance, or replacement of Red Willow 

15 Dam, Hugh Butler Reservoir, Trenton Dam, or 

16 Swanson Reservoir; 

17 (B) the survey of claims, description of 

18 claims, delineation of boundaries, conveyance 

19 documents, conveyance process, and recording 

20 of deeds associated with a conveyance under 

21 this Act; or 

22 (C) any damages associated with a struc23 ture or land that may be displaced in a flood 

24 event. 


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1 (3) NO ADDITIONAL LIABILITY.—Nothing in 

2 this Act increases the liability of the United States 

3 beyond the liability provided under chapter 171 of 

4 title 28, United States Code (commonly known as 

5 the ‘‘Federal Tort Claims Act’’). 

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

7 damage to a property, Hitchcock County, or Fron8 tier County, shall not be considered to be a taking 

9 by the United States. 

10 SEC. 5. INTERIM REQUIREMENTS. 

11 During the period beginning on the date of enactment 

12 of this Act and ending on the date of conveyance of re13 quested Federal land under subsection (a) or (b) of section 

14 3, the provisions of the Lakeview Lodge Management 

15 Agreement, Red Willow Management Agreement, and 

16 Swanson Management Agreement, as applicable, and any 

17 applicable permits, shall remain in force and effect. 

18 SEC. 6. COMPLIANCE WITH OTHER LAWS. 

19 (a) ENVIRONMENTAL AND HISTORIC PRESERVATION

20 LAWS.—Before conveying requested Federal land pursu21 ant to subsection (a) or (b) of section 3, the Secretary 

22 shall carry out all activities with respect to the conveyance 

23 required under— 

24 (1) the National Environmental Policy Act of 

25 1969 (42 U.S.C. 4321 et seq.); 


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

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

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

4 States Code; and 

5 (4) any other applicable laws. 

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

7 date of conveyance of requested Federal land pursuant to 

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

9 Frontier County shall comply with all applicable Federal, 

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

11 to management of the conveyed requested Federal land, 

12 as applicable. 


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Union Calendar No. 620 

118TH CONGRESS 

2D SESSION H. R. 8413 

[Report No. 118–735] 

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 14, 2024 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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