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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2074 Enrolled Bill (ENR)]

        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.
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).
        (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 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.
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