79–010 

Calendar No. 533 

115TH CONGRESS REPORT " ! SENATE 2d Session 115–313 

TO ESTABLISH A PROCEDURE FOR THE CONVEYANCE OF 

CERTAIN FEDERAL PROPERTY AROUND THE DICKINSON RESERVOIR 

AUGUST 1, 2018.—Ordered to be printed 

Ms. MURKOWSKI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 440] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 440) to establish a procedure for the conveyance of certain Federal property around the Dickinson Reservoir in 

the State of North Dakota, having considered the same, reports favorably thereon with an amendment in the nature of a substitute 

and recommends that the bill, as amended, do pass. 

AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. DEFINITIONS. 

In this Act: 

(1) DEPARTMENT.—The term ‘‘Department’’ means Dickinson Parks & Recreation in Dickinson, North Dakota. 

(2) DICKINSON RESERVOIR.—The term ‘‘Dickinson Reservoir’’ means the Dickinson Reservoir constructed as part of the Dickinson Unit, Heart Division, PickSloan 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). 

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

means the approximately 10 acres of land depicted as ‘‘Game and Fish Headquarters’’ on the Map. 

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

the management agreement entitled ‘‘Management Agreement between the Bureau of Reclamation, et al., for the Development, Management, Operation, and 

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Maintenance of Lands and Recreation Facilities at Dickinson Reservoir’’, MA 

No. 07AG602222, Modification No. 1 and dated March 15, 2017. 

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

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

depicted as ‘‘Permitted Cabin Land’’ 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 DICKINSON DEPARTMENT OF PARKS AND RECREATION. 

(a) CONVEYANCES TO DICKINSON DEPARTMENT OF PARKS AND RECREATION.— 

(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 Department 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 Department 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 Department 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 Department 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 Department may continue to permit haying and grazing in a manner that is permissible under the 

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

this Act. 

(b) REVERSION.—If a parcel of land conveyed under subparagraph (A) or (B) of 

subsection (a)(1) is used in a manner that is inconsistent with the requirements described in subparagraph (A) or (B), respectively, of subsection (a)(3), the parcel of 

land shall, at the discretion of the Secretary, revert to the United States. 

(c) SALE OF PERMITTED CABIN LAND BY DEPARTMENT.— 

(1) IN GENERAL.—If the Department 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 the permit holder 

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

(3) PROCEEDS FROM THE SALE OF LAND BY THE DEPARTMENT.—If the Department sells a parcel of permitted cabin land conveyed under subsection (a)(1)(B), 

the Department shall pay to the Secretary the amount of any proceeds of the 

sale that exceed the costs of preparing the sale by the Department. 

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(d) 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 Dickinson Dam and Reservoir. 

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

(a) CONVEYANCE OF GAME AND FISH HEADQUARTERS.—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 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. 

(b) REVERSION.—If land conveyed under subsection (a) is used in a manner that 

is inconsistent with the requirements described in that subsection, the land shall, 

at the discretion of the Secretary, revert to the United States. 

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

(a) IN GENERAL.—Each conveyance to the Department 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 

Dickinson Reservoir; 

(3) any flowage easement reserved by the United States to allow full operation of Dickinson 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 2,430.6 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 Department, or the State, or for damages arising out of any act, omission, or occurrence relating to a permit holder, the Department, 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 Department, 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

The purpose of S. 440 is to establish a procedure for the conveyance of certain Federal property around the Dickinson Reservoir in 

the State of North Dakota. 

BACKGROUND AND NEED

The Dickinson Dam and Reservoir, also referred to as Patterson 

Lake, in North Dakota is part of the Dickinson Unit of the PickSloan Missouri Basin Project that is operated by the Bureau of 

Reclamation (BOR). The project was authorized in the Flood ConVerDate Sep 11 2014 01:54 Aug 03, 2018 Jkt 079010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR313.XXX SR313
4 

trol Act of 1944 (58 Stat. 891), with federal lands acquired to construct and operate the project for municipal water supply, irrigation, flood control, and recreation. The project provided municipal 

water to the City of Dickinson until 1991 when the city switched 

to water supplied by the Southwest Pipeline Project. While the reservoir is no longer used for municipal drinking water purposes, it 

continues to serve two water service contracts. 

BOR lands surrounding Patterson Lake include recreational 

lands, wildlife habitat, grazing and haying lands, and 41 lots with 

permitted cabins. All of these federal lands are managed by the 

Dickinson Parks and Recreation Department (Department) under 

an agreement with the BOR and are not necessary to fulfill authorized project purposes. In addition, the North Dakota Game and 

Fish Department leases approximately 10 acres for a District 

Headquarters directly from the BOR. 

As part of its management of the BOR lands, the Department 

issues permits for the 41 cabin lots. Some of the permitees now use 

these cabins year-round as primary residences and have made improvements to cabin lots at their own expense. In order to have certainty about the management of these lands, to secure the ability 

to obtain financing for home purchases and improvements, and to 

address increasing permit fees, permittees would like to purchase 

the lots they currently occupy. Additionally, North Dakota Fish and 

Game has expressed interest in assuming ownership of the lands 

they currently lease from BOR. 

LEGISLATIVE HISTORY

Senators Hoeven and Heitkamp introduced S. 440 on February 

17, 2017. The Subcommittee on Water and Power held a hearing 

on S. 440 on June 14, 2017. 

The Committee on Energy and Natural Resources met in open 

business session on May 17, 2018, and ordered S.440 favorably reported, as amended. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on May 17, 2018, by a majority voice vote of 

a quorum present recommends that the Senate pass S. 440, if 

amended as described herein. 

COMMITTEE AMENDMENT

During its consideration of S. 440, the Committee adopted an 

amendment in the nature of a substitute. The amendment authorizes the Secretary to convey recreation land and permitted land to 

the Department, instead of providing the permittee of the property 

with the first option to purchase. The amendment also adds restrictions on the future uses of the property and makes numerous clarifications, technical corrections, and conforming changes. The 

amendment is further described in the section-by-section analysis. 

SECTION-BY-SECTION ANALYSIS

Sec.1. Definitions 

Section 1 contains definitions. 

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Sec. 2. Conveyances to Dickinson Department of Parks and Recreation 

Subsection (a) directs the Secretary of the Interior (Secretary) to 

convey recreation land and permitted cabin land surrounding Dickinson Reservoir to the Department within five years of the Act’s enactment. The conveyances by the Secretary are to be made at no 

cost, but the Department is required to pay for survey and administrative-related costs. The Department is directed to manage conveyed recreation land for recreation and public purposes consistent 

with the Recreation and Public Purposes Act (43 U.S.C. 869 et 

seq.); public access; fish and wildlife habitat; or to preserve the 

land’s natural character. Additionally, if conveyed recreation land 

is authorized for haying and grazing by the Management Agreement as of the date of the Act’s enactment, the Department may 

continue to permit those activities. The Department is directed to 

manage conveyed permitted cabin lands for any of the specified 

recreation land management purposes or for cabins or recreational 

residences in existence as of the date of the Act’s enactment. 

Subsection (b) provides that the conveyed lands will revert to the 

United States, at the discretion of the Secretary, if they are used 

in a manner that is inconsistent with the Act’s authorized uses. 

Subsection (c) requires the Department to charge fair market 

value for the sale of any parcel of permitted cabin land, and specifies improvements made by the permitee shall not be included in 

the valuation. This subsection also requires the Department to pay 

the Secretary the amount of any sale proceeds that exceed the costs 

of preparing the sale. 

Subsection (d) makes any amount paid to the Secretary for conveyed land available to the Secretary, without further appropriation, for operation of the Dickinson Dam and Reservoir. 

Sec. 3. Conveyance of Game and Fish Headquarters to the State 

Section 3 directs the Secretary to convey all right, title, and interested in the game and fish headquarters currently leased to the 

North Dakota Game and Fish Department to the State of North 

Dakota for continued use as a headquarters or substantially similar purposes, and provides the Secretary with a reversionary interest in the event the land is used in an inconsistent manner with 

these requirements. 

Sec. 4. Reservations, easements, and other outstanding rights 

Subsection (a) specifies that conveyances made pursuant to this 

Act are subject to valid existing rights; operational requirements of 

the Pick-Sloan Missouri River Basin Program, including the Dickinson Reservoir; reserved flowage easements; Management Agreement reservations; reserved oil, gas and other mineral rights; any 

existing permit, license, lease, right-of-use, flowage easement, or 

right-of-way; deed restrictions prohibiting any permanent structures below the reservoir elevation of 2,430.6 feet; and the granting 

of easements for access to the property and associated facilities. 

Subsection (b) shields the United States from liability for property damage, other than damages caused by an act or omission of 

the United States or an employee, agent, or contractor of the 

United States prior to the Act’s enactment. This subsection further 

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states that any temporary flooding or flood damage to the property 

shall not be considered a taking by the United States. 

Sec. 5. Interim requirements 

Section 5 applies the Management Agreement provisions as interim requirements during the time period starting from the date 

of the Act’s enactment and ending on the date of the land or property conveyance. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of the costs of this measure has been provided by the Congressional Budget Office: 

S. 440 would direct the Bureau of Reclamation (BOR) to convey 

certain federal land located near the Dickinson Reservoir in North 

Dakota to the Dickinson Parks and Recreation department. Under 

the bill, after the property is conveyed, the department could sell 

the property to certain existing cabin permit holders and the net 

proceeds of those transaction 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. 

Enacting S. 440 would increase offsetting receipts and the associated direct spending; therefore, pay-as-you-go procedures apply. 

However, CBO estimates that the net effect on the budget would 

be negligible. Enacting S. 440 would not affect revenues. 

Under S. 440, BOR would convey specified federal property to 

the Dickinson Parks and Recreation department within 5 years 

after enactment. Using information from BOR, CBO expects that 

41 cabin permit holders would purchase lots from the department 

for about $100,000 per lot. CBO estimates that the department 

would transfer the net proceeds of about $4 million to the federal 

government and those offsetting receipts would be spent for annual 

operations costs and deferred maintenance projects at the Jamestown Dam and Reservoir in North Dakota. 

CBO estimates that enacting S. 440 would not increase net direct 

spending or on-budget deficits in any of the four consecutive 10- 

year periods beginning in 2029. 

S. 440 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act. 

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

estimate was reviewed by Leo Lex, Deputy Assistant Director for 

Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 440. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 440, as ordered reported. 

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CONGRESSIONALLY DIRECTED SPENDING

S. 440, as ordered reported, does not contain any congressionally 

directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the Department of the Interior at the 

June 14, 2017, hearing on S. 440 follows: 

STATEMENT OF SCOTT CAMERON, ACTING ASSISTANT SEC- RETARY—WATER AND SCIENCE U.S. DEPARTMENT OF THE

INTERIOR

Chairman Flake, Ranking Member King, and members 

of the Subcommittee, I am Scott Cameron, Acting Assistant Secretary for Water and Science at the Department of 

the Interior. Thank you for the opportunity to provide the 

views of the Department of the Interior (Department) on 

S. 440, a bill to establish a procedure for the conveyance 

of certain Federal property around the Dickinson Reservoir 

in the State of North Dakota. The intent of the legislation 

is to provide a path for current permitted cabin owners 

and the Dickinson Parks and Recreation Department to 

take ownership of certain Federal lands, allowing flexible 

management of the lands to meet local needs and alleviate 

the administrative oversight and management of the land. 

Before I discuss our views on S. 440, I wanted to note 

the Secretary’s staunch commitment against the wide-scale 

sale or transfer of federal lands. He firmly holds that our 

treasured public lands are to be maintained and preserved 

according to the inscription on the Yellowstone National 

Park Arch that reads ‘for the benefit and enjoyment of the 

people.’ The Secretary is willing to work with Congress to 

ensure proposals of this nature preserve access and recreation for future generations to come. Therefore, we recommend the following changes to provide additional clarity 

and protections. The Flood Control Act of 1944 authorized 

construction of Dickinson Dam and Reservoir (Project) as 

part of the Dickinson Unit, Heart Division, Pick-Sloan 

Missouri Basin Program. Federal lands were acquired for 

Project purposes which include municipal water supply, irrigation with flood control, and recreation benefits. The 

Project provided municipal water to the City of Dickinson 

until 1991 when the City switched its water supply to the 

Southwest Pipeline Project. There are currently two water 

service contracts associated with the Project, one with 

Dickinson Parks and Recreation and one with an irrigation 

district downstream of the Reservoir. 

The current management agreement between Reclamation and Dickinson Parks and Recreation for operation and 

maintenance of the majority of lands around the Reservoir 

includes the area for 41 permitted exclusive use cabins occupied year round (approximately 25 acres) as well as additional lands dedicated to recreation, and wildlife management (approximately 2,434 acres). In addition to lands 

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managed by Dickinson Parks and Recreation, Reclamation 

leases a 10 acre parcel to the North Dakota Game and 

Fish Department (NDG&F) for the Southwest District 

Headquarters. In 2013, Reclamation’s Dakotas Area Office 

(DKAO) requested a fair market appraisal of the rates for 

the exclusive use cabins be conducted pursuant to the 

Code of Federal Regulations related to Use of Bureau of 

Reclamation Land, Facilities, and Waterbodies (43 CFR 

429). As required by Department policy, the appraisals 

were conducted by the Department of the Interior’s Office 

of Valuation Services for all reservoirs with exclusive use 

under the administration of DKAO, resulting in the need 

to raise rates at all areas to recover fair market value. The 

results of the appraisal were presented to the respective 

managing partners in 2016. 

Section 1(b) of S. 440 would provide for conveyance of 

land permitted to cabin owners and land managed by 

Dickinson Parks and Recreation. However, some Project 

land is not included in the Management Agreement with 

Dickinson Parks and Recreation (i.e., 10 acres currently 

under lease to NDG&F) and is not included in the legislation. This would result in fractionated ownership with continued Reclamation oversight responsibilities and costs. 

The Department will work with the sponsor of the bill and 

the Committee to revise the language to include those 

lands acquired for the Project with the exception of the 

footprint of the Dam, auxiliary spillway, and any realty interest necessary to operate and maintain the Dam. 

Section 1(b) of S. 440 would also allow permittees two 

years following the date of enactment of this legislation to 

purchase a property. The Department has concerns with 

the timeline in the legislation as drafted given that surveys of land could take up to two years to complete. A 

third party appraisal, which can take a year or longer to 

complete, can only begin once the survey is complete. Once 

the appraised value is determined, additional time may be 

required for the permittee to seek financing or resolve any 

appraisal disputes if necessary. The Department recommends that permittees be allowed up to five years or 

‘‘as reasonably practicable after enactment of the Act’’ to 

allow sufficient time for the pre-sale activities and to arrange financing. 

Section 1(b)(2)(A) of S. 440 provides for the fair market 

value of a property to be determined by a local, third party 

appraiser, valuing the property as unimproved residential 

property, excluding all improvements. A third party appraisal would involve a contract between the permittee 

and the appraiser with the permittee responsible for direct 

payment to the appraiser. If Reclamation were to pay for 

the appraisal upfront, the contract would shift to an agreement between the United States and the appraiser, meaning it would no longer comply with the language in S. 440 

as currently drafted. The Department recommends clarification of this language to ensure that permittees understand the cost requirement. The Department recommends 

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that Section 1(b)(2)(A) be revised so that the fair market 

value of a property shall be determined by an appraiser 

using the Office of Valuation Services’ third party appraisal process, valuing the property as unimproved residential property, excluding all improvements. The Department also recommends that the bill be amended to include 

a requirement for review of the third party appraisal by 

the Office of Valuation Services as specified in section 

2201.4 of title 43, Code of Federal Regulations (or successor regulations) to ensure that the third party appraisal 

credibly represents the fair market value of the property 

being conveyed. The Department further recommends that 

all costs paid for by the permittee shall have no effect on 

the appraised value and the cost for the third party appraisal shall be the responsibility of the permittee. 

Section 1(b)(4) provides for the transfer of Federal land 

currently managed by Dickinson Parks and Recreation, 

without cost, subject to the requirements in Section 1(c) 

with no protections required to ensure lands acquired for 

public purpose will remain available for public use in the 

future. The Department recommends that the deed transferring land to Dickinson Parks and Recreation shall provide that all property transferred to Dickinson Parks and 

Recreation be used and maintained for public access and 

recreation purposes. Currently, opportunities to recreate 

within this area include walking trails, boating ramps, 

golfing, and modern and primitive camping. According to 

Dickinson Parks and Recreation, camping spots on the 

property average 2,158 rentals between mid-May and midSeptember alone. Given the Secretary’s firm commitment 

to protecting public lands, it is of critical importance that 

Dickinson continues to manage the parcels with recreational interests in mind. That is why the Department 

recommends that if the property ceases to be used or 

maintained for that purpose, the jurisdiction of the land 

would then revert back to the United States. 

As drafted, S. 440 does not specifically address the land 

within Dickinson Parks and Recreation’s Management 

Agreement located under the Reservoir. The Department 

would be happy to work with the sponsor and the Committee on language to minimize future confusion and/or 

oversight by the U.S. on land under the reservoir. 

Section 1(c) of S. 440 provides that each conveyance pursuant to subsection (b) is made subject to two protections. 

The Department believes additional protections are necessary to safeguard the interests of the United States and 

the public to operate the dam as authorized. The Department recommends the following protections be added: the 

prohibition of any conveyance of subsurface or mineral 

rights, (2) the inclusion of language to maintain a flowage 

easement for flood control purposes, and the allowance for 

the Secretary to make necessary terms, reservations, restrictions, and conditions to safeguard the interests of the 

United States. The Department is willing to provide work 

with the Committee to amend the bill to ensure these proVerDate Sep 11 2014 01:54 Aug 03, 2018 Jkt 079010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6969 E:\HR\OC\SR313.XXX SR313
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tections are put in place. Section 1(d) of S. 440 provides 

that the liability and taking provisions only apply to the 

permittees, not any other transfer of federal land or to any 

future owners. In addition to technical recommendations, 

the Department recommends amending the definition of 

Permittee in Section 1(a)(3) to include future assignees of 

the current owners of the cabin sites. 

Section 1(e)(2) of S. 440 requires that not later than 180 

days after enactment, the Secretary to provide legal descriptions to Dickinson Parks and Recreation of the land 

to be conveyed. This will require Reclamation to contract 

with a registered Land Surveyor to survey the lands and 

develop the legal descriptions, access, utility, and flowage 

easements and individual lot surveys. The Department 

does not believe it will be reasonable to complete this work 

within 180 days and suggests increasing the time to no 

later than 2 years or ‘‘as reasonably practicable after enactment of the Act’’. Section 1(e)(3)(A) of S. 440 provides 

the elevation above which any new improvements can be 

constructed is currently listed as 2,430 feet. This elevation 

is incorrect and ought to be changed to 2,430.6 feet to correctly locate the design maximum water surface elevation. 

Section 1(f) of S. 440 provides that any revenues from a 

sale of Federal land pursuant to this section shall be made 

available to the Secretary, without further appropriation, 

for the costs to the Secretary of carrying out this section. 

Because revenues are not generated until the properties 

are transferred to the permittee, the United States would 

need to use appropriated funds to complete the surveys 

and appraisals and other pre-sale activities. In previous 

legislation to transfer cabin properties, as well as Reclamation’s process for Use Authorization requests, it is the 

responsibility of the permittees/requestor to pay for the required pre-sale work, including all administrative costs to 

convey Federal property to private individuals/beneficiaries rather than placing this burden on the United 

States. As written it appears the United States is responsible for the administrative costs and therefore in ‘‘net’’ it 

receives less than market value for the land. 

The Department would be happy to work with the sponsor and the Committee to revise the language based on our 

recommendations. This concludes my written statement. I 

am pleased to answer questions at the appropriate time. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee notes that no changes in existing law are made by the bill as ordered reported. 

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