79–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–901 

TO ESTABLISH A PROCEDURE FOR THE CONVEYANCE OF CERTAIN FEDERAL PROPERTY AROUND THE JAMESTOWN RESERVOIR IN THE STATE 

OF NORTH DAKOTA, AND FOR OTHER PURPOSES 

AUGUST 14, 2018.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. BISHOP of Utah, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 6039] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 6039) to establish a procedure for the conveyance of certain Federal property around the Jamestown Reservoir in the State 

of North Dakota, and for other purposes, having considered the 

same, report favorably thereon with an amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. DEFINITIONS. 

In this Act: 

(1) BOARD.—The term ‘‘Board’’ means the Stutsman County Park Board in 

Jamestown, North Dakota. 

(2) GAME AND FISH HEADQUARTERS.—The term ‘‘game and fish headquarters’’ 

means the land depicted as ‘‘Game and Fish Headquarters’’ on the Map. 

(3) JAMESTOWN RESERVOIR.—The term ‘‘Jamestown Reservoir’’ means the 

Jamestown Reservoir constructed as a unit of the Missouri-Souris Division, 

Pick-Sloan Missouri Basin Program, 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). 

(4) MANAGEMENT AGREEMENT.—The term ‘‘Management Agreement’’ means 

the management agreement entitled ‘‘Management Agreement between the 

United States of America and Stutsman County Park Board for the Management, Development, Operation and Maintenance of Recreation and Related Improvements and Facilities at Jamestown Reservoir Stutsman County, North Dakota’’, numbered 15–LM–60–2255, and dated February 17, 2015. 


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(5) MAP.—The term ‘‘Map’’ means the map prepared by the Bureau of Reclamation, entitled ‘‘Jamestown Reservoir’’, and dated May 2018. 

(6) PERMITTED CABIN LAND.—The term ‘‘permitted cabin land’’ means the land 

depicted as ‘‘Permitted Cabin Lands’’ on the Map. 

(7) PROPERTY.—The term ‘‘property’’ means any cabin site located on permitted cabin land for which a permit is in effect on the date of enactment of 

this Act. 

(8) RECREATION LAND.—The term ‘‘recreation land’’ means the land depicted 

as ‘‘Recreation and Public Purpose Lands’’ on the Map. 

(9) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior, 

acting through the Commissioner of Reclamation. 

(10) STATE.—The term ‘‘State’’ means the State of North Dakota, acting 

through the North Dakota Game and Fish Department. 

SEC. 2. CONVEYANCES TO STUTSMAN COUNTY PARK BOARD. 

(a) CONVEYANCES TO STUTSMAN COUNTY PARK BOARD.— (1) IN GENERAL.—Subject to the management requirements of paragraph (3) 

and the easements and reservations under section 4, not later than 5 years 

after the date of enactment of this Act, the Secretary shall convey to the Board 

all right, title, and interest of the United States in and to— 

(A) the recreation land; and 

(B) the permitted cabin land. 

(2) COSTS.— (A) IN GENERAL.—Except as provided in subparagraph (B), the Secretary 

shall convey the land described in paragraph (1) at no cost. 

(B) TITLE TRANSFER; LAND SURVEYS.—As a condition of the conveyances 

under paragraph (1), the Board shall agree to pay all survey and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in paragraph (1). 

(3) MANAGEMENT.— (A) RECREATION LAND.—The Board shall manage the recreation land conveyed under paragraph (1)— 

(i) for 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) for public access; 

(iii) for fish and wildlife habitat; or 

(iv) to preserve the natural character of the recreation land. 

(B) PERMITTED CABIN LAND.—The Board shall manage the permitted 

cabin land conveyed under paragraph (1)— 

(i) for cabins or recreational residences in existence as of the date of 

enactment of this Act; or 

(ii) for any of the recreation land management purposes described in 

subparagraph (A). 

(4) HAYING AND GRAZING.—With respect to recreation land conveyed under 

paragraph (1) that is used for haying or grazing authorized by the Management 

Agreement as of the date of enactment of this Act, the Board may continue to 

permit haying and grazing in a manner that is permissible under the one or 

more haying or grazing contracts in effect as of the date of enactment of this 

Act. 

(b) SALE OF PERMITTED CABIN LAND BY BOARD.— 

(1) IN GENERAL.—If the Board sells any parcel of permitted cabin land conveyed under subsection (a)(1)(B), the parcel shall be sold at fair market value, 

as determined by a third-party appraiser in accordance with the Uniform 

Standards of Professional Appraisal Practice, subject to paragraph (2). 

(2) IMPROVEMENTS.—For purposes of an appraisal conducted under paragraph 

(1), any improvements on the permitted cabin land made by a permit holder 

shall not be included in the appraised value of the land. 

(3) PROCEEDS FROM THE SALE OF LAND BY THE BOARD.—If the Board sells a 

parcel of permitted cabin land conveyed under subsection (a)(1)(B), the Board 

shall pay to the Secretary the amount of any proceeds of the sale that exceed 

the costs of preparing the sale by the Board. 

(c) AVAILABILITY OF FUNDS TO THE SECRETARY.—Any amounts paid to the Secretary for land conveyed by the Secretary under this Act shall be made available 

to the Secretary, without further appropriation, for activities relating to the operation of the Jamestown Dam and Reservoir. 

SEC. 3. CONVEYANCE OF GAME AND FISH HEADQUARTERS TO THE STATE. 

Not later than 5 years after the date of enactment of this Act, the Secretary shall 

convey to the State all right, title, and interest of the United States in and to the 


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1https://www.usbr.gov/projects/index.php?id=474. 

game and fish headquarters, on the condition that the game and fish headquarters 

continue to be used as a game and fish headquarters or substantially similar purposes. 

SEC. 4. RESERVATIONS, EASEMENTS, AND OTHER OUTSTANDING RIGHTS. 

(a) IN GENERAL.—Each conveyance to the Board or the State pursuant to this Act 

shall be made subject to— 

(1) valid existing rights; 

(2) operational requirements of the Pick-Sloan Missouri River Basin Program, 

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), including the 

Jamestown Reservoir; 

(3) any flowage easement reserved by the United States to allow full operation of the Jamestown Reservoir for authorized purposes; 

(4) reservations described in the Management Agreement; 

(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 property or Federal land, whether 

owned by the United States or a third party, as of the date of enactment of this 

Act; 

(7) a deed restriction that prohibits building any new permanent structure on 

property below an elevation of 1,454 feet; and 

(8) the granting of applicable easements for— 

(A) vehicular access to the property; and 

(B) access to, and use of, all docks, boathouses, ramps, retaining walls, 

and other improvements for which access is provided in the permit for use 

of the property 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 subject to a permit, the Board, or the State, or for damages arising 

out of any act, omission, or occurrence relating to a permit holder, the Board, 

or the State, 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) TAKING.—Any temporary flooding or flood damage to the property of a permit holder, the Board, or the State, shall not be considered to be a taking by 

the United States. 

SEC. 5. INTERIM REQUIREMENTS. 

During the period beginning on the date of enactment of this Act and ending on 

the date of conveyance of a property or parcel of land under this Act, the provisions 

of the Management Agreement that are applicable to the property or land, or to 

leases between the State and the Secretary, and any applicable permits, shall remain in force and effect. 

PURPOSE OF THE BILL

The purpose of H.R. 6039 is to establish a procedure for the conveyance of certain Federal property around the Jamestown Reservoir in the State of North Dakota. 

BACKGROUND AND NEED FOR LEGISLATION

Constructed in 1952 by the Bureau of Reclamation, the Jamestown Unit consists of the Jamestown Dam and Reservoir and the 

surrounding recreational areas. Initial development of recreation, 

including water wells, a swimming beach, and campgrounds, was 

accomplished using federal money specifically appropriated for that 

purpose.1 The Jamestown Reservoir now has roughly 4,421 acres 


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2Submitted Testimony of Mr. Alan Mikkelsen, Senior Advisor to the Secretary for Water and 

Western Resource Issues, U.S. Department of Interior, before the Senate Water and Power Subcommittee legislative hearing, February 28, 2018, p. 1. 3 Act of June 17, 1920, ch. 1093, 32 Stat. 388. 

4Submitted Testimony of Mr. Alan Mikkelsen, Senior Advisor to the Secretary for Water and 

Western Resource Issues, U.S. Department of Interior, before the Senate Water and Power Subcommittee legislative hearing, February 28, 2018, p. 1. 5Submitted Testimony of Mr. Tom Fisher, President of the Patterson Lake Homeowners Association, to the Senate Committee on Energy and Natural Resources legislative hearing, June 14, 

2017. 6Submitted Testimony of Mr. Alan Mikkelsen, Senior Advisor to the Secretary for Water and 

Western Resource Issues, U.S. Department of Interior, before the Senate Water and Power Subcommittee legislative hearing, February 28, 2018, p. 1. 7Legislative Hearing on H.R. 5556, H.R. 6038, H.R. 6039, and H.R. 6040 Before H. Comm. 

on Natural Resources, Subcomm. on Water, Power and Oceans, 115th Cong., 2, (2018) (Statement of Mr. Craig Headland), available at https://naturalresources.house.gov/uploadedfiles/ 

7.11_testimony_headland.pdf, p. 1–2. 

dedicated to recreation and wildlife management, including about 

73 acres of permitted use cabin land.2

Reclamation holds title to the individual water, power supply and 

delivery, and recreational facilities it has constructed over the last 

century. The federal government provided the initial capital contribution to build the vast majority of these early projects; however, 

the water, power, and recreational customers who benefitted from 

the facilities entered into long-term contracts with the federal government to repay their part of the initial taxpayer investment. 

Under the Reclamation Act of 1902,3 Reclamation may transfer 

day-to-day operational and maintenance responsibilities to project 

beneficiaries. However, the title or ownership of any facility must 

remain in federal ownership until Congress enacts legislation specifically authorizing such a conveyance. 

The area surrounding Jamestown Reservoir is home to 71 permitted exclusive use cabins, which encompass approximately 73 

acres.4 These homes are owned by private individuals yet are situated on land owned by the federal government. In similar cases, 

this has disadvantaged homeowners by preventing them access to 

things such as home improvement loans or other sources of equity.5

Further, according to the Department of the Interior, transfer of 

these parcels to the applicable homeowner will allow ‘‘flexible management of the lands to meet local needs and alleviate the Department’s administrative oversight and management of the land.’’ 6

H.R. 6039 will give homeowners the option to buy the land under 

their homes from the Stutsman County Park Board. 

State representative and member of the Jamestown Reservoir 

Cabin Owners Association Board of Directors, Craig Headland, testified on the benefits that conveyance will have on the local environment and for those who depend on the Jamestown Reservoir for 

their livelihoods. Representative Headland testified that, ‘‘The 

cabin owners pay property taxes to Stutsman County and the 

Jamestown School District for the assessed value of our homes. Additionally, we pay an annual permit fee to the park department. 

These funds have been used to help maintain the public lands, 

recreation areas and access points around the river. If this bill is 

approved, we will pay additional property taxes for the assessed 

value of our land, further benefitting our community.’’ 7 During the 

July 11, 2018, Water, Power and Oceans Subcommittee hearing on 

H.R. 6039, Representative Paul A. Gosar (R–AZ) noted this increased incentive to preserve the local environment, and the witVerDate Sep 11 2014 04:39 Aug 15, 2018 Jkt 079006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR901.XXX HR901

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8Legislative Hearing on H.R. 5556, H.R. 6038, H.R. 6039, and H.R. 6040 Before H. Comm. 

on Natural Resources, Subcomm. on Water, Power and Oceans, 115th Cong., 2, (2018) (Oral 

Statement of Mr. Craig Headland) available at https://naturalresources.house.gov/calendar/ 

eventsingle.aspx?EventID=405249, beginning at 1:42:40. 

ness stated that, as a result, ‘‘[the reversionary clauses in H.R. 

6039] are not necessary.’’ 8

COMMITTEE ACTION

H.R. 6039 was introduced on June 7, 2018, by Congressman 

Kevin Cramer (R–ND). The bill was referred to the Committee on 

Natural Resources, and within the Committee to the Subcommittee 

on Water, Power and Oceans. On July 11, 2018, the Subcommittee 

held a hearing on the bill. On July 18, 2018, the Natural Resources 

Committee met to consider the bill. The Subcommittee was discharged by unanimous consent. Natural Resources Committee 

Chairman Rob Bishop (R–UT) offered an amendment designated 

#1; it was adopted by a roll call vote of 20 yeas to 15 noes, as follows: 


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No additional amendments were offered, and the bill, as amended, was ordered favorably reported to the House of Representatives 

by voice vote. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET

ACT

1. Cost of Legislation and the Congressional Budget Act. With respect to the requirements of clause 3(c)(2) and (3) of rule XIII of 

the Rules of the House of Representatives and sections 308(a) and 

402 of the Congressional Budget Act of 1974, the Committee has 

received the following estimate for the bill from the Director of the 

Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, August 1, 2018. 

Hon. ROB BISHOP, 

Chairman, Committee on Natural Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 6039, a bill to establish 

a procedure for the conveyance of certain Federal property around 

Jamestown Reservoir in the State of North Dakota, and for other 

purposes. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Aurora Swanson. 

Sincerely, 

KEITH HALL, Director. 

Enclosure. 

H.R. 6039—A bill to establish a procedure for the conveyance of certain Federal property around Jamestown Reservoir in the State 

of North Dakota, and for other purposes 

H.R. 6039 would direct the Bureau of Reclamation (BOR) to convey certain federal land and facilities located near the Jamestown 

Reservoir in North Dakota to the Stutsman County Park Board. 

After the property is conveyed, the board could sell the property to 

existing cabin permit holders, and the net proceeds of those transactions would be paid to the federal government. Those proceeds 

would be classified as offsetting receipts, which are treated as reductions in direct spending, and could subsequently be spent by 

BOR without further appropriation. 

Under the bill, BOR would convey specified federal property to 

the Stutsman County Park Board within 5 years after enactment. 

Using information from BOR, CBO expects that 71 permit holders 

would purchase lots from the board for an estimated $100,000 per 

lot. CBO estimates that the board would transfer the net proceeds 


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of about $7 million to the federal government, which would be 

spent for annual operations costs and deferred maintenance 

projects at the Jamestown Darn and Reservoir in North Dakota. 

Because enacting H.R. 6039 would affect direct spending, pay-asyou-go procedures apply. However, CBO estimates that the net effect on the budget would be negligible. Enacting H.R. 6039 would 

not affect revenues. 

CBO estimates that enacting H.R. 6039 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2029. 

H.R. 6039 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

On July 9, 2018, CBO transmitted a cost estimate for S. 2074, 

a bill to establish a procedure for the conveyance of certain Federal 

property around Jamestown Reservoir in the State of North Dakota, as ordered reported by the Senate Committee on Energy and 

Natural Resources on May 17, 2018. The two pieces of legislation 

are similar and CBO’s estimates of their budgetary effects are the 

same. 

The CBO staff contact for this estimate is Aurora Swanson. The 

estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

2. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to establish a procedure for the conveyance of certain 

Federal property around the Jamestown Reservoir in the State of 

North Dakota. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5

Directed Rule Making. This bill does not contain any directed 

rule makings. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes to existing law. 


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DISSENTING VIEWS 

H.R. 6039 authorizes the conveyance of public lands located 

around the Jamestown Reservoir in eastern North Dakota. Because 

H.R. 6039 fails to include standard safeguards that protect taxpayers and preserve public access to public lands, we oppose H.R. 

6039 as reported. 

Congress has a long tradition of supporting public land conveyances that promote genuine public purposes. However, Congress 

has typically required some form of compensation to the American 

taxpayer. Compensation could mean that conveyed land is sold at 

fair market value or conveyed with a reversionary interest that requires the land to be used for a specific public purpose or ownership returns to the United States. Reversionary interests protect 

taxpayer interests by preventing the future sale or inconsistent use 

of a property traded away for a specific public purpose. 

As introduced, H.R. 6039 contained standard, essential reversionary clauses that would have ensured that the land conveyance 

authorized by the bill preserves public access to conveyed lands. 

The language in the introduced version of H.R. 6039 had broad 

support and passed the Senate Energy and Natural Resources 

Committee by voice vote. 

Unfortunately, during the House markup of H.R. 6039, Chairman Bishop offered a poison pill amendment that eliminated the 

essential reversionary clauses from the underlying bill. The amendment passed with a strict party-line vote. By removing the bill’s reversionary clauses, what had previously been a bill scheduled to 

pass the Committee by unanimous consent became a bill that fails 

to garner broad, bipartisan support. 

Whenever Congress conveys public lands, it is essential that public access be preserved or taxpayers be compensated for the full 

value of the lands that are lost. H.R. 6039 fails to meet either of 

these requirements. For these reasons, we oppose H.R. 6039 as reported. 

RAU ́ L M. GRIJALVA, Ranking Member, 

House Natural Resources 

Committee. 

JARED HUFFMAN. 

Æ 


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