In the House of Representatives, U. S., 

November 13, 2018. 

Resolved, That the bill from the Senate (S. 2074) entitled ‘‘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.’’, do pass 

with the following 

AMENDMENT: 

Strike out all after the enacting clause and insert: 

1 SECTION 1. DEFINITIONS. 

2 In this Act: 

3 (1) BOARD.—The term ‘‘Board’’ means the 

4 Stutsman County Park Board in Jamestown, North 

5 Dakota. 

6 (2) GAME AND FISH HEADQUARTERS.—The term 

7 ‘‘game and fish headquarters’’ means the land de8 picted as ‘‘Game and Fish Headquarters’’ on the 

9 Map. 

10 (3) JAMESTOWN RESERVOIR.—The term ‘‘James11 town Reservoir’’ means the Jamestown Reservoir con12 structed as a unit of the Missouri-Souris Division, 

13 Pick-Sloan Missouri Basin Program, as authorized 

14 by section 9 of the Act of December 22, 1944 (com-
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1 monly known as the ‘‘Flood Control Act of 1944’’) (58 

2 Stat. 891, chapter 665). 

3 (4) MANAGEMENT AGREEMENT.—The term 

4 ‘‘Management Agreement’’ means the management 

5 agreement entitled ‘‘Management Agreement between 

6 the United States of America and Stutsman County 

7 Park Board for the Management, Development, Oper8 ation and Maintenance of Recreation and Related 

9 Improvements and Facilities at Jamestown Reservoir 

10 Stutsman County, North Dakota’’, numbered 15–LM– 

11 60–2255, and dated February 17, 2015. 

12 (5) MAP.—The term ‘‘Map’’ means the map pre13 pared by the Bureau of Reclamation, entitled ‘‘James14 town Reservoir’’, and dated May 2018. 

15 (6) PERMITTED CABIN LAND.—The term ‘‘per16 mitted cabin land’’ means the land depicted as ‘‘Per17 mitted Cabin Lands’’ on the Map. 

18 (7) PROPERTY.—The term ‘‘property’’ means 

19 any cabin site located on permitted cabin land for 

20 which a permit is in effect on the date of enactment 

21 of this Act. 

22 (8) RECREATION LAND.—The term ‘‘recreation 

23 land’’ means the land depicted as ‘‘Recreation and 

24 Public Purpose Lands’’ on the Map. 
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1 (9) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior, acting through the Com3 missioner of Reclamation. 

4 (10) STATE.—The term ‘‘State’’ means the State 

5 of North Dakota, acting through the North Dakota 

6 Game and Fish Department. 

7 SEC. 2. CONVEYANCES TO STUTSMAN COUNTY PARK 

8 BOARD. 

9 (a) CONVEYANCES TO STUTSMAN COUNTY PARK

10 BOARD.— 

11 (1) IN GENERAL.—Subject to the management re12 quirements of paragraph (3) and the easements and 

13 reservations under section 4, not later than 5 years 

14 after the date of enactment of this Act, the Secretary 

15 shall convey to the Board all right, title, and interest 

16 of the United States in and to— 

17 (A) the recreation land; and 

18 (B) the permitted cabin land. 

19 (2) COSTS.— 

20 (A) IN GENERAL.—Except as provided in 

21 subparagraph (B), the Secretary shall convey the 

22 land described in paragraph (1) at no cost. 

23 (B) TITLE TRANSFER; LAND SURVEYS.—As 

24 a condition of the conveyances under paragraph 

25 (1), the Board shall agree to pay all survey and 
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1 other administrative costs necessary for the prep2 aration and completion of any patents for, and 

3 transfers of title to, the land described in para4 graph (1). 

5 (3) MANAGEMENT.— 

6 (A) RECREATION LAND.—The Board shall 

7 manage the recreation land conveyed under 

8 paragraph (1)— 

9 (i) for recreation and public purposes 

10 consistent with the Act of June 14, 1926 

11 (commonly known as the ‘‘Recreation and 

12 Public Purposes Act’’) (44 Stat. 741, chap13 ter 578; 43 U.S.C. 869 et seq.); 

14 (ii) for public access; 

15 (iii) for fish and wildlife habitat; or 

16 (iv) to preserve the natural character 

17 of the recreation land. 

18 (B) PERMITTED CABIN LAND.—The Board 

19 shall manage the permitted cabin land conveyed 

20 under paragraph (1)— 

21 (i) for cabins or recreational residences 

22 in existence as of the date of enactment of 

23 this Act; or 
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1 (ii) for any of the recreation land 

2 management purposes described in subpara3 graph (A). 

4 (4) HAYING AND GRAZING.—With respect to 

5 recreation land conveyed under paragraph (1) that is 

6 used for haying or grazing authorized by the Manage7 ment Agreement as of the date of enactment of this 

8 Act, the Board may continue to permit haying and 

9 grazing in a manner that is permissible under the 1 

10 or more haying or grazing contracts in effect as of the 

11 date of enactment of this Act. 

12 (b) REVERSION.—If a parcel of land conveyed under 

13 subparagraph (A) or (B) of subsection (a)(1) is used in a 

14 manner that is inconsistent with the requirements described 

15 in subparagraph (A) or (B), respectively, of subsection 

16 (a)(3), the parcel of land shall, at the discretion of the Sec17 retary, revert to the United States. 

18 (c) SALE OF PERMITTED CABIN LAND BY BOARD.— 

19 (1) IN GENERAL.—If the Board sells any parcel 

20 of permitted cabin land conveyed under subsection 

21 (a)(1)(B), the parcel shall be sold at fair market 

22 value, as determined by a third-party appraiser in 

23 accordance with the Uniform Standards of Profes24 sional Appraisal Practice, subject to paragraph (2). 
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1 (2) IMPROVEMENTS.—For purposes of an ap2 praisal conducted under paragraph (1), any improve3 ments on the permitted cabin land made by a permit 

4 holder shall not be included in the appraised value of 

5 the land. 

6 (3) PROCEEDS FROM THE SALE OF LAND BY THE

7 BOARD.—If the Board sells a parcel of permitted 

8 cabin land conveyed under subsection (a)(1)(B), the 

9 Board shall pay to the Secretary the amount of any 

10 proceeds of the sale that exceed the costs of preparing 

11 the sale by the Board. 

12 (d) AVAILABILITY OF FUNDS TO THE SECRETARY.— 

13 Any amounts paid to the Secretary for land conveyed by 

14 the Secretary under this Act shall be made available to the 

15 Secretary, subject to the availability of appropriations 

16 made in advance, for activities relating to the operation 

17 of the Jamestown Dam and Reservoir. 

18 SEC. 3. CONVEYANCE OF GAME AND FISH HEADQUARTERS 

19 TO THE STATE. 

20 (a) CONVEYANCE OF GAME AND FISH HEAD21 QUARTERS.—Not later than 5 years after the date of enact22 ment of this Act, the Secretary shall convey to the State 

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

24 the game and fish headquarters, on the condition that the 
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1 game and fish headquarters continue to be used as a game 

2 and fish headquarters or substantially similar purposes. 

3 (b) REVERSION.—If land conveyed under subsection 

4 (a) is used in a manner that is inconsistent with the re5 quirements described in that subsection, the land shall, at 

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

7 SEC. 4. RESERVATIONS, EASEMENTS, AND OTHER OUT8 STANDING RIGHTS. 

9 (a) IN GENERAL.—Each conveyance to the Board or 

10 the State pursuant to this Act shall be made subject to— 

11 (1) valid existing rights; 

12 (2) operational requirements of the Pick-Sloan 

13 Missouri River Basin Program, as authorized by sec14 tion 9 of the Act of December 22, 1944 (commonly 

15 known as the ‘‘Flood Control Act of 1944’’) (58 Stat. 

16 891, chapter 665), including the Jamestown Res17 ervoir; 

18 (3) any flowage easement reserved by the United 

19 States to allow full operation of the Jamestown Res20 ervoir for authorized purposes; 

21 (4) reservations described in the Management 

22 Agreement; 

23 (5) oil, gas, and other mineral rights reserved of 

24 record, as of the date of enactment of this Act, by, or 

25 in favor of, the United States or a third party; 
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1 (6) any permit, license, lease, right-of-use, flow2 age easement, or right-of-way of record in, on, over, 

3 or across the applicable property or Federal land, 

4 whether owned by the United States or a third party, 

5 as of the date of enactment of this Act; 

6 (7) a deed restriction that prohibits building any 

7 new permanent structure on property below an ele8 vation of 1,454 feet; and 

9 (8) the granting of applicable easements for— 

10 (A) vehicular access to the property; and 

11 (B) access to, and use of, all docks, boat12 houses, ramps, retaining walls, and other im13 provements for which access is provided in the 

14 permit for use of the property as of the date of 

15 enactment of this Act. 

16 (b) LIABILITY; TAKING.— 

17 (1) LIABILITY.—The United States shall not be 

18 liable for flood damage to a property subject to a per19 mit, the Board, or the State, or for damages arising 

20 out of any act, omission, or occurrence relating to a 

21 permit holder, the Board, or the State, other than for 

22 damages caused by an act or omission of the United 

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

24 United States before the date of enactment of this Act. 
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1 (2) TAKING.—Any temporary flooding or flood 

2 damage to the property of a permit holder, the Board, 

3 or the State, shall not be considered to be a taking by 

4 the United States. 

5 SEC. 5. INTERIM REQUIREMENTS. 

6 During the period beginning on the date of enactment 

7 of this Act and ending on the date of conveyance of a prop8 erty or parcel of land under this Act, the provisions of the 

9 Management Agreement that are applicable to the property 

10 or land, or to leases between the State and the Secretary, 

11 and any applicable permits, shall remain in force and ef12 fect. 

Attest: 

Clerk. 
115TH CONGRESS 

2D SESSION S. 2074 

AMENDMENT