S. 2074 

One Hundred Fifteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Wednesday, 

the third day of January, two thousand and eighteen 

An Act 

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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

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. 

(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. 
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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 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 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). 
S. 2074—3 

(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. 

(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, subject to the 

availability of appropriations made in advance, for activities relating 

to the operation of the Jamestown 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 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 
S. 2074—4 

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. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.