II 

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. 

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

3 SECTION 1. JAMESTOWN RESERVOIR LAND CONVEYANCES. 

4 (a) DEFINITIONS.—In this section: 

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

6 Stutsman County Park Board in Jamestown, North 

7 Dakota (or a successor in interest to that entity). 


lotter on DSKBCFDHB2PROD with BILLS
2 

•S 2074 IS

1 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

2 means the approximately 4,494.30 acres of Federal 

3 land— 

4 (A) associated with the Jamestown Res5 ervoir; 

6 (B) managed by, or subject to a permit 

7 of— 

8 (i) the Board; 

9 (ii) the State; or 

10 (iii) a permittee; and 

11 (C) as generally described in the manage12 ment agreement numbered 15–LM–60–2255 

13 and entitled ‘‘Management Agreement between 

14 the Bureau of Reclamation, et al., and the 

15 Stutsman County Park Board for the Develop16 ment, Management, Operation, and Mainte17 nance of Lands and Recreation Facilities at 

18 Jamestown Reservoir’’. 

19 (3) JAMESTOWN RESERVOIR.—The term 

20 ‘‘Jamestown Reservoir’’ means the Jamestown Res21 ervoir constructed as a unit of the Missouri-Souris 

22 Division, Pick-Sloan Missouri Basin Program, as au23 thorized by section 9 of the Act of December 22, 

24 1944 (commonly known as the ‘‘Flood Control Act 

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


lotter on DSKBCFDHB2PROD with BILLS
3 

•S 2074 IS

1 (4) PERMITTEE.—The term ‘‘permittee’’ means 

2 the holder (or any successor in interest to the hold3 er) of a permit for a property. 

4 (5) PROPERTY.—The term ‘‘property’’ means 

5 any cabin site located on Federal land for which a 

6 permit is in effect on the date of enactment of this 

7 Act. 

8 (6) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Interior, acting through the 

10 Commissioner of Reclamation. 

11 (7) STATE.—The term ‘‘State’’ means the State 

12 of North Dakota, acting through the North Dakota 

13 Game and Fish Department. 

14 (b) PURCHASE OF PROPERTY BY PERMITTEE; 

15 TRANSFERS TO BOARD AND STATE.— 

16 (1) OPTION.—The Secretary shall provide to 

17 the permittee of a property the first option to pur18 chase that property in accordance with paragraph 

19 (3) for fair market value, subject to the condition 

20 that the permittee shall pay to the Board any out21 standing permit fees before the permittee may exer22 cise the option to purchase. 

23 (2) DETERMINATION OF FAIR MARKET

24 VALUE.— 


lotter on DSKBCFDHB2PROD with BILLS
4 

•S 2074 IS

1 (A) IN GENERAL.—For purposes of this 

2 subsection, the fair market value of a property 

3 shall be determined by the Secretary— 

4 (i) using a local, third-party ap5 praiser; 

6 (ii) in accordance with— 

7 (I) the Uniform Standards of 

8 Professional Appraisal Practice; and 

9 (II) the Uniform Appraisal 

10 Standards for Federal Land Acquisi11 tion; 

12 (iii) to the extent appropriate in ac13 cordance with the valuation policy of the 

14 Department of the Interior; and 

15 (iv) valuing the property as unim16 proved residential property, excluding all 

17 improvements. 

18 (B) DISPUTES.—Any dispute regarding 

19 the fair market value of a property shall be re20 solved in accordance with section 2201.4 of title 

21 43, Code of Federal Regulations (or successor 

22 regulations). 

23 (3) PURCHASE.— 

24 (A) IN GENERAL.—On an election by a 

25 permittee to exercise the option to purchase a 


lotter on DSKBCFDHB2PROD with BILLS
5 

•S 2074 IS

1 property pursuant to paragraph (1), the Sec2 retary shall convey to the permittee, for fair 

3 market value— 

4 (i) all right, title, and interest of the 

5 United States in and to the property, sub6 ject to valid existing rights and the oper7 ational requirements of the Jamestown 

8 Reservoir; and 

9 (ii) sole use, perpetual easements 

10 for— 

11 (I) vehicular access to the prop12 erty; 

13 (II) access to, and use of, one or 

14 more docks for the property; 

15 (III) access to, and use of, all 

16 boathouses, ramps, retaining walls, 

17 and other improvements for which ac18 cess is provided in the permit for use 

19 of the property as of the date of en20 actment of this Act; and 

21 (IV) access to water for irriga22 tion with a water service contract. 

23 (B) PERIOD FOR CONVEYANCE.—The Sec24 retary shall convey to a permittee a property 


lotter on DSKBCFDHB2PROD with BILLS
6 

•S 2074 IS

1 pursuant to subparagraph (A) during the pe2 riod— 

3 (i) beginning on the date of enactment 

4 of this Act; and 

5 (ii) ending on the date that is 5 years 

6 after that date of enactment. 

7 (4) TRANSFERS TO BOARD AND STATE.— 

8 (A) FAILURE TO PURCHASE.— 

9 (i) IN GENERAL.—If a permittee fails 

10 to exercise the option to purchase a prop11 erty under paragraph (3) by the date that 

12 is 5 years after the date of enactment of 

13 this Act, the Secretary shall transfer the 

14 property to the Board, subject to clause 

15 (ii), without cost. 

16 (ii) SALE BY BOARD OF TRANS17 FERRED PROPERTY.—If the Board sells or 

18 enters into one or more agreements to sell 

19 a property transferred under clause (i) 

20 during the 3-year period beginning on the 

21 date of the transfer, the Board shall pay to 

22 the Secretary all proceeds of the sale that 

23 are in excess of the costs of the Board. 

24 (B) CERTAIN OTHER LAND.—Effective be25 ginning on the date that is 5 years after the 


lotter on DSKBCFDHB2PROD with BILLS
7 

•S 2074 IS

1 date of enactment of this Act, the Secretary 

2 shall transfer— 

3 (i) to the Board, without cost, Federal 

4 land managed by the Board as of that date 

5 of enactment, on which no cabin is located; 

6 and 

7 (ii) to the State, without cost, land 

8 leased by the State as of that date of en9 actment. 

10 (c) OIL, GAS, MINERAL, AND OTHER OUTSTANDING

11 RIGHTS.—Each conveyance to a permittee, and each 

12 transfer to the Board or State, pursuant to subsection (b) 

13 shall be made subject to— 

14 (1) oil, gas, and other mineral rights reserved 

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

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

17 party; 

18 (2) any permit, license, lease, right-of-use, flow19 age easement, or right-of-way of record in, on, over, 

20 or across the applicable property or Federal land, 

21 whether owned by the United States or a third 

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

23 (3) any reversion back to the United States of 

24 land (other than land described in subsection 

25 (b)(4)(A)(i) or land transferred under subsection 


lotter on DSKBCFDHB2PROD with BILLS
8 

•S 2074 IS

1 (b)(4)(B)(i) that is designated by the Secretary as 

2 a recreation area as of the date of enactment of this 

3 Act) transferred to the Board or State under sub4 section (b), if the applicable property is no longer 

5 used for the purpose of public access or recreation; 

6 and 

7 (4) any flowage easement reserved by the 

8 United States to allow full operation of Jamestown 

9 Reservoir for authorized purposes. 

10 (d) LIABILITY; TAKING.— 

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

12 liable for flood damage to the property of a per13 mittee, the Board, or the State, or for damages aris14 ing out of any act, omission, or occurrence relating 

15 to a lot to which a permit applies, other than for 

16 damages caused by an act or omission of the United 

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

18 United States before the date of enactment of this 

19 Act. 

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

21 damage to the property of a permittee, the Board, 

22 or the State, shall not be considered to be a taking 

23 by the United States. 

24 (e) REQUIREMENTS RELATING TO CONVEYANCES

25 AND TRANSFERS.— 


lotter on DSKBCFDHB2PROD with BILLS
9 

•S 2074 IS

1 (1) INTERIM REQUIREMENTS.—During the pe2 riod beginning on the date of enactment of this Act 

3 and ending on the date of conveyance or transfer of 

4 a property or land, the provisions of the manage5 ment agreement referred to in subsection (a)(2)(C) 

6 that are applicable to the property or land, or to 

7 leases between the State and the Secretary, shall re8 main in force and effect. 

9 (2) LEGAL DESCRIPTIONS.—Not later than 2 

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

11 Secretary, in consultation with the Board and the 

12 State, shall provide to the Board, the State, and 

13 each applicable permittee a legal description of all 

14 properties and land that may be conveyed or trans15 ferred pursuant to this section. 

16 (3) RESTRICTION ON CONVEYANCE.—Effective 

17 beginning on the date of enactment of this Act— 

18 (A) a permittee may not build any new 

19 permanent structure below a flood pool ele20 vation of 1,454 feet; and 

21 (B) if a permittee builds a structure de22 scribed in subparagraph (A), the property of 

23 the permittee shall revert to the Board. 

24 (f) PROCEEDS FROM SALES OF FEDERAL LAND.— 

25 Any revenues from a sale of Federal land pursuant to this 


lotter on DSKBCFDHB2PROD with BILLS
10 

•S 2074 IS

1 section shall be made available to the Secretary, without 

2 further appropriation, for— 

3 (1) the costs to the Secretary of carrying out 

4 this section, including any costs of carrying out sub5 sections (b)(2)(A) and (e)(2); and 

6 (2) deferred maintenance activities relating to 

7 the operation of the dam in the Jamestown Res8 ervoir. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS