115TH CONGRESS 

2D SESSION S. 2074 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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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 

7 term ‘‘game and fish headquarters’’ means the land 

8 depicted as ‘‘Game and Fish Headquarters’’ on the 

9 Map. 

10 (3) JAMESTOWN RESERVOIR.—The term 

11 ‘‘Jamestown Reservoir’’ means the Jamestown Res12 ervoir constructed as a unit of the Missouri-Souris 

13 Division, Pick-Sloan Missouri Basin Program, as au14 thorized by section 9 of the Act of December 22, 

15 1944 (commonly known as the ‘‘Flood Control Act 

16 of 1944’’) (58 Stat. 891, chapter 665). 

17 (4) MANAGEMENT AGREEMENT.—The term 

18 ‘‘Management Agreement’’ means the management 

19 agreement entitled ‘‘Management Agreement be20 tween the United States of America and Stutsman 

21 County Park Board for the Management, Develop22 ment, Operation and Maintenance of Recreation and 

23 Related Improvements and Facilities at Jamestown 

24 Reservoir Stutsman County, North Dakota’’, num25 bered 15–LM–60–2255, and dated February 17, 

26 2015. 
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1 (5) MAP.—The term ‘‘Map’’ means the map 

2 prepared by the Bureau of Reclamation, entitled 

3 ‘‘Jamestown Reservoir’’, and dated May 2018. 

4 (6) PERMITTED CABIN LAND.—The term ‘‘per5 mitted cabin land’’ means the land depicted as ‘‘Per6 mitted Cabin Lands’’ on the Map. 

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

8 any cabin site located on permitted cabin land for 

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

10 of this Act. 

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

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

13 Public Purpose Lands’’ on the Map. 

14 (9) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior, acting through the 

16 Commissioner of Reclamation. 

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

18 State of North Dakota, acting through the North 

19 Dakota Game and Fish Department. 

20 SEC. 2. CONVEYANCES TO STUTSMAN COUNTY PARK 

21 BOARD. 

22 (a) CONVEYANCES TO STUTSMAN COUNTY PARK

23 BOARD.— 

24 (1) IN GENERAL.—Subject to the management 

25 requirements of paragraph (3) and the easements 
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1 and reservations under section 4, not later than 5 

2 years after the date of enactment of this Act, the 

3 Secretary shall convey to the Board all right, title, 

4 and interest of the United States in and to— 

5 (A) the recreation land; and 

6 (B) the permitted cabin land. 

7 (2) COSTS.— 

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

9 subparagraph (B), the Secretary shall convey 

10 the land described in paragraph (1) at no cost. 

11 (B) TITLE TRANSFER; LAND SURVEYS.— 

12 As a condition of the conveyances under para13 graph (1), the Board shall agree to pay all sur14 vey and other administrative costs necessary for 

15 the preparation and completion of any patents 

16 for, and transfers of title to, the land described 

17 in paragraph (1). 

18 (3) MANAGEMENT.— 

19 (A) RECREATION LAND.—The Board shall 

20 manage the recreation land conveyed under 

21 paragraph (1)— 

22 (i) for recreation and public purposes 

23 consistent with the Act of June 14, 1926 

24 (commonly known as the ‘‘Recreation and 
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1 Public Purposes Act’’) (44 Stat. 741, 

2 chapter 578; 43 U.S.C. 869 et seq.); 

3 (ii) for public access; 

4 (iii) for fish and wildlife habitat; or 

5 (iv) to preserve the natural character 

6 of the recreation land. 

7 (B) PERMITTED CABIN LAND.—The Board 

8 shall manage the permitted cabin land conveyed 

9 under paragraph (1)— 

10 (i) for cabins or recreational resi11 dences in existence as of the date of enact12 ment of this Act; or 

13 (ii) for any of the recreation land 

14 management purposes described in sub15 paragraph (A). 

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

17 recreation land conveyed under paragraph (1) that is 

18 used for haying or grazing authorized by the Man19 agement Agreement as of the date of enactment of 

20 this Act, the Board may continue to permit haying 

21 and grazing in a manner that is permissible under 

22 the 1 or more haying or grazing contracts in effect 

23 as of the date of enactment of this Act. 

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

25 subparagraph (A) or (B) of subsection (a)(1) is used in 
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1 a manner that is inconsistent with the requirements de2 scribed in subparagraph (A) or (B), respectively, of sub3 section (a)(3), the parcel of land shall, at the discretion 

4 of the Secretary, revert to the United States. 

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

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

7 of permitted cabin land conveyed under subsection 

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

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

10 accordance with the Uniform Standards of Profes11 sional Appraisal Practice, subject to paragraph (2). 

12 (2) IMPROVEMENTS.—For purposes of an ap13 praisal conducted under paragraph (1), any improve14 ments on the permitted cabin land made by a permit 

15 holder shall not be included in the appraised value 

16 of the land. 

17 (3) PROCEEDS FROM THE SALE OF LAND BY

18 THE BOARD.—If the Board sells a parcel of per19 mitted cabin land conveyed under subsection 

20 (a)(1)(B), the Board shall pay to the Secretary the 

21 amount of any proceeds of the sale that exceed the 

22 costs of preparing the sale by the Board. 

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

24 Any amounts paid to the Secretary for land conveyed by 

25 the Secretary under this Act shall be made available to 
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1 the Secretary, without further appropriation, for activities 

2 relating to the operation of the Jamestown Dam and Res3 ervoir. 

4 SEC. 3. CONVEYANCE OF GAME AND FISH HEADQUARTERS 

5 TO THE STATE. 

6 (a) CONVEYANCE OF GAME AND FISH HEAD7 QUARTERS.—Not later than 5 years after the date of en8 actment of this Act, the Secretary shall convey to the 

9 State all right, title, and interest of the United States in 

10 and to the game and fish headquarters, on the condition 

11 that the game and fish headquarters continue to be used 

12 as a game and fish headquarters or substantially similar 

13 purposes. 

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

15 (a) is used in a manner that is inconsistent with the re16 quirements described in that subsection, the land shall, at 

17 the discretion of the Secretary, revert to the United 

18 States. 

19 SEC. 4. RESERVATIONS, EASEMENTS, AND OTHER OUT20 STANDING RIGHTS. 

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

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

23 (1) valid existing rights; 

24 (2) operational requirements of the Pick-Sloan 

25 Missouri River Basin Program, as authorized by sec-
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1 tion 9 of the Act of December 22, 1944 (commonly 

2 known as the ‘‘Flood Control Act of 1944’’) (58 

3 Stat. 891, chapter 665), including the Jamestown 

4 Reservoir; 

5 (3) any flowage easement reserved by the 

6 United States to allow full operation of the James7 town Reservoir for authorized purposes; 

8 (4) reservations described in the Management 

9 Agreement; 

10 (5) oil, gas, and other mineral rights reserved 

11 of record, as of the date of enactment of this Act, 

12 by, or in favor of, the United States or a third 

13 party; 

14 (6) any permit, license, lease, right-of-use, flow15 age easement, or right-of-way of record in, on, over, 

16 or across the applicable property or Federal land, 

17 whether owned by the United States or a third 

18 party, as of the date of enactment of this Act; 

19 (7) a deed restriction that prohibits building 

20 any new permanent structure on property below an 

21 elevation of 1,454 feet; and 

22 (8) the granting of applicable easements for— 

23 (A) vehicular access to the property; and 

24 (B) access to, and use of, all docks, boat25 houses, ramps, retaining walls, and other im-
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1 provements for which access is provided in the 

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

3 enactment of this Act. 

4 (b) LIABILITY; TAKING.— 

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

6 liable for flood damage to a property subject to a 

7 permit, the Board, or the State, or for damages aris8 ing out of any act, omission, or occurrence relating 

9 to a permit holder, the Board, or the State, other 

10 than for damages caused by an act or omission of 

11 the United States or an employee, agent, or con12 tractor of the United States before the date of en13 actment of this Act. 

14 (2) TAKING.—Any temporary flooding or flood 

15 damage to the property of a permit holder, the 

16 Board, or the State, shall not be considered to be a 

17 taking by the United States. 

18 SEC. 5. INTERIM REQUIREMENTS. 

19 During the period beginning on the date of enactment 

20 of this Act and ending on the date of conveyance of a prop21 erty or parcel of land under this Act, the provisions of 

22 the Management Agreement that are applicable to the 

23 property or land, or to leases between the State and the 
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1 Secretary, and any applicable permits, shall remain in 

2 force and effect. 

Passed the Senate October 4, 2018. 

Attest: 

Secretary. 

115TH CONGRESS 

2D SESSION S. 2074 

AN ACT 

To establish a procedure for the conveyance of cerother purposes. Reservoir in the State of North Dakota, and for tain Federal property around the Jamestown