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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2074 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  1st Session
                                S. 2074

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.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 2, 2017

  Mr. Hoeven introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
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. JAMESTOWN RESERVOIR LAND CONVEYANCES.

    (a) Definitions.--In this section:
            (1) Board.--The term ``Board'' means Stutsman County Park 
        Board in Jamestown, North Dakota (or a successor in interest to 
        that entity).
            (2) Federal land.--The term ``Federal land'' means the 
        approximately 4,494.30 acres of Federal land--
                    (A) associated with the Jamestown Reservoir;
                    (B) managed by, or subject to a permit of--
                            (i) the Board;
                            (ii) the State; or
                            (iii) a permittee; and
                    (C) as generally described in the management 
                agreement numbered 15-LM-60-2255 and entitled 
                ``Management Agreement between the Bureau of 
                Reclamation, et al., and the Stutsman County Park Board 
                for the Development, Management, Operation, and 
                Maintenance of Lands and Recreation Facilities at 
                Jamestown Reservoir''.
            (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) Permittee.--The term ``permittee'' means the holder (or 
        any successor in interest to the holder) of a permit for a 
        property.
            (5) Property.--The term ``property'' means any cabin site 
        located on Federal land for which a permit is in effect on the 
        date of enactment of this Act.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.
            (7) State.--The term ``State'' means the State of North 
        Dakota, acting through the North Dakota Game and Fish 
        Department.
    (b) Purchase of Property by Permittee; Transfers to Board and 
State.--
            (1) Option.--The Secretary shall provide to the permittee 
        of a property the first option to purchase that property in 
        accordance with paragraph (3) for fair market value, subject to 
        the condition that the permittee shall pay to the Board any 
        outstanding permit fees before the permittee may exercise the 
        option to purchase.
            (2) Determination of fair market value.--
                    (A) In general.--For purposes of this subsection, 
                the fair market value of a property shall be determined 
                by the Secretary--
                            (i) using a local, third-party appraiser;
                            (ii) in accordance with--
                                    (I) the Uniform Standards of 
                                Professional Appraisal Practice; and
                                    (II) the Uniform Appraisal 
                                Standards for Federal Land Acquisition;
                            (iii) to the extent appropriate in 
                        accordance with the valuation policy of the 
                        Department of the Interior; and
                            (iv) valuing the property as unimproved 
                        residential property, excluding all 
                        improvements.
                    (B) Disputes.--Any dispute regarding the fair 
                market value of a property shall be resolved in 
                accordance with section 2201.4 of title 43, Code of 
                Federal Regulations (or successor regulations).
            (3) Purchase.--
                    (A) In general.--On an election by a permittee to 
                exercise the option to purchase a property pursuant to 
                paragraph (1), the Secretary shall convey to the 
                permittee, for fair market value--
                            (i) all right, title, and interest of the 
                        United States in and to the property, subject 
                        to valid existing rights and the operational 
                        requirements of the Jamestown Reservoir; and
                            (ii) sole use, perpetual easements for--
                                    (I) vehicular access to the 
                                property;
                                    (II) access to, and use of, one or 
                                more docks for the property;
                                    (III) access to, and use of, all 
                                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; and
                                    (IV) access to water for irrigation 
                                with a water service contract.
                    (B) Period for conveyance.--The Secretary shall 
                convey to a permittee a property pursuant to 
                subparagraph (A) during the period--
                            (i) beginning on the date of enactment of 
                        this Act; and
                            (ii) ending on the date that is 5 years 
                        after that date of enactment.
            (4) Transfers to board and state.--
                    (A) Failure to purchase.--
                            (i) In general.--If a permittee fails to 
                        exercise the option to purchase a property 
                        under paragraph (3) by the date that is 5 years 
                        after the date of enactment of this Act, the 
                        Secretary shall transfer the property to the 
                        Board, subject to clause (ii), without cost.
                            (ii) Sale by board of transferred 
                        property.--If the Board sells or enters into 
                        one or more agreements to sell a property 
                        transferred under clause (i) during the 3-year 
                        period beginning on the date of the transfer, 
                        the Board shall pay to the Secretary all 
                        proceeds of the sale that are in excess of the 
                        costs of the Board.
                    (B) Certain other land.--Effective beginning on the 
                date that is 5 years after the date of enactment of 
                this Act, the Secretary shall transfer--
                            (i) to the Board, without cost, Federal 
                        land managed by the Board as of that date of 
                        enactment, on which no cabin is located; and
                            (ii) to the State, without cost, land 
                        leased by the State as of that date of 
                        enactment.
    (c) Oil, Gas, Mineral, and Other Outstanding Rights.--Each 
conveyance to a permittee, and each transfer to the Board or State, 
pursuant to subsection (b) shall be made subject to--
            (1) 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;
            (2) 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;
            (3) any reversion back to the United States of land (other 
        than land described in subsection (b)(4)(A)(i) or land 
        transferred under subsection (b)(4)(B)(i) that is designated by 
        the Secretary as a recreation area as of the date of enactment 
        of this Act) transferred to the Board or State under subsection 
        (b), if the applicable property is no longer used for the 
        purpose of public access or recreation; and
            (4) any flowage easement reserved by the United States to 
        allow full operation of Jamestown Reservoir for authorized 
        purposes.
    (d) Liability; Taking.--
            (1) Liability.--The United States shall not be liable for 
        flood damage to the property of a permittee, the Board, or the 
        State, or for damages arising out of any act, omission, or 
        occurrence relating to a lot to which a permit applies, 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 permittee, the Board, or the State, shall not be 
        considered to be a taking by the United States.
    (e) Requirements Relating to Conveyances and Transfers.--
            (1) Interim requirements.--During the period beginning on 
        the date of enactment of this Act and ending on the date of 
        conveyance or transfer of a property or land, the provisions of 
        the management agreement referred to in subsection (a)(2)(C) 
        that are applicable to the property or land, or to leases 
        between the State and the Secretary, shall remain in force and 
        effect.
            (2) Legal descriptions.--Not later than 2 years after the 
        date of enactment of this Act, the Secretary, in consultation 
        with the Board and the State, shall provide to the Board, the 
        State, and each applicable permittee a legal description of all 
        properties and land that may be conveyed or transferred 
        pursuant to this section.
            (3) Restriction on conveyance.--Effective beginning on the 
        date of enactment of this Act--
                    (A) a permittee may not build any new permanent 
                structure below a flood pool elevation of 1,454 feet; 
                and
                    (B) if a permittee builds a structure described in 
                subparagraph (A), the property of the permittee shall 
                revert to the Board.
    (f) Proceeds From Sales of Federal Land.--Any revenues from a sale 
of Federal land pursuant to this section shall be made available to the 
Secretary, without further appropriation, for--
            (1) the costs to the Secretary of carrying out this 
        section, including any costs of carrying out subsections 
        (b)(2)(A) and (e)(2); and
            (2) deferred maintenance activities relating to the 
        operation of the dam in the Jamestown Reservoir.
                                 <all>
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