II 

Calendar No. 537 

115TH CONGRESS 

2D 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 (for himself and Ms. HEITKAMP) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

JULY 30, 2018 

Reported by Ms. MURKOWSKI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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: 


tkelley on DSKBCP9HB2PROD with BILLS
2 

•S 2074 RS

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

2 Stutsman County Park Board in Jamestown, North 

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

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

5 means the approximately 4,494.30 acres of Federal 

6 land— 

7 (A) associated with the Jamestown Res8 ervoir; 

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

10 of— 

11 (i) the Board; 

12 (ii) the State; or 

13 (iii) a permittee; and 

14 (C) as generally described in the manage15 ment agreement numbered 15–LM–60–2255 

16 and entitled ‘‘Management Agreement between 

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

18 Stutsman County Park Board for the Develop19 ment, Management, Operation, and Mainte20 nance of Lands and Recreation Facilities at 

21 Jamestown Reservoir’’. 

22 (3) JAMESTOWN RESERVOIR.—The term 

23 ‘‘Jamestown Reservoir’’ means the Jamestown Res24 ervoir constructed as a unit of the Missouri-Souris 

25 Division, Pick-Sloan Missouri Basin Program, as auVerDate Sep 11 2014 22:28 Jul 30, 2018 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S2074.RS S2074

tkelley on DSKBCP9HB2PROD with BILLS
3 

•S 2074 RS

1 thorized by section 9 of the Act of December 22, 

2 1944 (commonly known as the ‘‘Flood Control Act 

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

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

5 the holder (or any successor in interest to the hold6 er) of a permit for a property. 

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

8 any cabin site located on Federal land for which a 

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

10 Act. 

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

12 the Secretary of the Interior, acting through the 

13 Commissioner of Reclamation. 

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

15 of North Dakota, acting through the North Dakota 

16 Game and Fish Department. 

17 (b) PURCHASE OF PROPERTY BY PERMITTEE; 

18 TRANSFERS TO BOARD AND STATE.— 

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

20 the permittee of a property the first option to pur21 chase that property in accordance with paragraph 

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

23 that the permittee shall pay to the Board any out24 standing permit fees before the permittee may exer25 cise the option to purchase. 


tkelley on DSKBCP9HB2PROD with BILLS
4 

•S 2074 RS

1 (2) DETERMINATION OF FAIR MARKET

2 VALUE.— 

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

4 subsection, the fair market value of a property 

5 shall be determined by the Secretary— 

6 (i) using a local, third-party ap7 praiser; 

8 (ii) in accordance with— 

9 (I) the Uniform Standards of 

10 Professional Appraisal Practice; and 

11 (II) the Uniform Appraisal 

12 Standards for Federal Land Acquisi13 tion; 

14 (iii) to the extent appropriate in ac15 cordance with the valuation policy of the 

16 Department of the Interior; and 

17 (iv) valuing the property as unim18 proved residential property, excluding all 

19 improvements. 

20 (B) DISPUTES.—Any dispute regarding 

21 the fair market value of a property shall be re22 solved in accordance with section 2201.4 of title 

23 43, Code of Federal Regulations (or successor 

24 regulations). 

25 (3) PURCHASE.— 


tkelley on DSKBCP9HB2PROD with BILLS
5 

•S 2074 RS

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

2 permittee to exercise the option to purchase a 

3 property pursuant to paragraph (1), the Sec4 retary shall convey to the permittee, for fair 

5 market value— 

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

7 United States in and to the property, sub8 ject to valid existing rights and the oper9 ational requirements of the Jamestown 

10 Reservoir; and 

11 (ii) sole use, perpetual easements 

12 for— 

13 (I) vehicular access to the prop14 erty; 

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

16 more docks for the property; 

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

18 boathouses, ramps, retaining walls, 

19 and other improvements for which ac20 cess is provided in the permit for use 

21 of the property as of the date of en22 actment of this Act; and 

23 (IV) access to water for irriga24 tion with a water service contract. 


tkelley on DSKBCP9HB2PROD with BILLS
6 

•S 2074 RS

1 (B) PERIOD FOR CONVEYANCE.—The Sec2 retary shall convey to a permittee a property 

3 pursuant to subparagraph (A) during the pe4 riod— 

5 (i) beginning on the date of enactment 

6 of this Act; and 

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

8 after that date of enactment. 

9 (4) TRANSFERS TO BOARD AND STATE.— 

10 (A) FAILURE TO PURCHASE.— 

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

12 to exercise the option to purchase a prop13 erty under paragraph (3) by the date that 

14 is 5 years after the date of enactment of 

15 this Act, the Secretary shall transfer the 

16 property to the Board, subject to clause 

17 (ii), without cost. 

18 (ii) SALE BY BOARD OF TRANS19 FERRED PROPERTY.—If the Board sells or 

20 enters into one or more agreements to sell 

21 a property transferred under clause (i) 

22 during the 3-year period beginning on the 

23 date of the transfer, the Board shall pay to 

24 the Secretary all proceeds of the sale that 

25 are in excess of the costs of the Board. 


tkelley on DSKBCP9HB2PROD with BILLS
7 

•S 2074 RS

1 (B) CERTAIN OTHER LAND.—Effective be2 ginning on the date that is 5 years after the 

3 date of enactment of this Act, the Secretary 

4 shall transfer— 

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

6 land managed by the Board as of that date 

7 of enactment, on which no cabin is located; 

8 and 

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

10 leased by the State as of that date of en11 actment. 

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

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

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

15 shall be made subject to— 

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

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

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

19 party; 

20 (2) any permit, license, lease, right-of-use, flow21 age easement, or right-of-way of record in, on, over, 

22 or across the applicable property or Federal land, 

23 whether owned by the United States or a third 

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


tkelley on DSKBCP9HB2PROD with BILLS
8 

•S 2074 RS

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

2 land (other than land described in subsection 

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

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

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

6 Act) transferred to the Board or State under sub7 section (b), if the applicable property is no longer 

8 used for the purpose of public access or recreation; 

9 and 

10 (4) any flowage easement reserved by the 

11 United States to allow full operation of Jamestown 

12 Reservoir for authorized purposes. 

13 (d) LIABILITY; TAKING.— 

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

15 liable for flood damage to the property of a per16 mittee, the Board, or the State, or for damages aris17 ing out of any act, omission, or occurrence relating 

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

19 damages caused by an act or omission of the United 

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

21 United States before the date of enactment of this 

22 Act. 

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

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


tkelley on DSKBCP9HB2PROD with BILLS
9 

•S 2074 RS

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

2 by the United States. 

3 (e) REQUIREMENTS RELATING TO CONVEYANCES

4 AND TRANSFERS.— 

5 (1) INTERIM REQUIREMENTS.—During the pe6 riod beginning on the date of enactment of this Act 

7 and ending on the date of conveyance or transfer of 

8 a property or land, the provisions of the manage9 ment agreement referred to in subsection (a)(2)(C) 

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

11 leases between the State and the Secretary, shall re12 main in force and effect. 

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

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

15 Secretary, in consultation with the Board and the 

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

17 each applicable permittee a legal description of all 

18 properties and land that may be conveyed or trans19 ferred pursuant to this section. 

20 (3) RESTRICTION ON CONVEYANCE.—Effective 

21 beginning on the date of enactment of this Act— 

22 (A) a permittee may not build any new 

23 permanent structure below a flood pool ele24 vation of 1,454 feet; and 


tkelley on DSKBCP9HB2PROD with BILLS
10 

•S 2074 RS

1 (B) if a permittee builds a structure de2 scribed in subparagraph (A), the property of 

3 the permittee shall revert to the Board. 

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

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

6 section shall be made available to the Secretary, without 

7 further appropriation, for— 

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

9 this section, including any costs of carrying out sub10 sections (b)(2)(A) and (e)(2); and 

11 (2) deferred maintenance activities relating to 

12 the operation of the dam in the Jamestown Res13 ervoir. 

14 SECTION 1. DEFINITIONS. 

15 In this Act: 

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

17 Stutsman County Park Board in Jamestown, North 

18 Dakota. 

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

20 ‘‘game and fish headquarters’’ means the land de21 picted as ‘‘Game and Fish Headquarters’’ on the 

22 Map. 

23 (3) JAMESTOWN RESERVOIR.—The term ‘‘James24 town Reservoir’’ means the Jamestown Reservoir con25 structed as a unit of the Missouri-Souris Division, 


tkelley on DSKBCP9HB2PROD with BILLS
11 

•S 2074 RS

1 Pick-Sloan Missouri Basin Program, as authorized 

2 by section 9 of the Act of December 22, 1944 (com3 monly known as the ‘‘Flood Control Act of 1944’’) (58 

4 Stat. 891, chapter 665). 

5 (4) MANAGEMENT AGREEMENT.—The term 

6 ‘‘Management Agreement’’ means the management 

7 agreement entitled ‘‘Management Agreement between 

8 the United States of America and Stutsman County 

9 Park Board for the Management, Development, Oper10 ation and Maintenance of Recreation and Related 

11 Improvements and Facilities at Jamestown Reservoir 

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

13 60–2255, and dated February 17, 2015. 

14 (5) MAP.—The term ‘‘Map’’ means the map pre15 pared by the Bureau of Reclamation, entitled ‘‘James16 town Reservoir’’, and dated May 2018. 

17 (6) PERMITTED CABIN LAND.—The term ‘‘per18 mitted cabin land’’ means the land depicted as ‘‘Per19 mitted Cabin Lands’’ on the Map. 

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

21 any cabin site located on permitted cabin land for 

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

23 of this Act. 


tkelley on DSKBCP9HB2PROD with BILLS
12 

•S 2074 RS

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

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

3 Public Purpose Lands’’ on the Map. 

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

5 the Secretary of the Interior, acting through the Com6 missioner of Reclamation. 

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

8 of North Dakota, acting through the North Dakota 

9 Game and Fish Department. 

10 SEC. 2. CONVEYANCES TO STUTSMAN COUNTY PARK 

11 BOARD. 

12 (a) CONVEYANCES TO STUTSMAN COUNTY PARK

13 BOARD.— 

14 (1) IN GENERAL.—Subject to the management re15 quirements of paragraph (3) and the easements and 

16 reservations under section 4, not later than 5 years 

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

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

19 of the United States in and to— 

20 (A) the recreation land; and 

21 (B) the permitted cabin land. 

22 (2) COSTS.— 

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

24 subparagraph (B), the Secretary shall convey the 

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


tkelley on DSKBCP9HB2PROD with BILLS
13 

•S 2074 RS

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

2 a condition of the conveyances under paragraph 

3 (1), the Board shall agree to pay all survey and 

4 other administrative costs necessary for the prep5 aration and completion of any patents for, and 

6 transfers of title to, the land described in para7 graph (1). 

8 (3) MANAGEMENT.— 

9 (A) RECREATION LAND.—The Board shall 

10 manage the recreation land conveyed under 

11 paragraph (1)— 

12 (i) for recreation and public purposes 

13 consistent with the Act of June 14, 1926 

14 (commonly known as the ‘‘Recreation and 

15 Public Purposes Act’’) (44 Stat. 741, chap16 ter 578; 43 U.S.C. 869 et seq.); 

17 (ii) for public access; 

18 (iii) for fish and wildlife habitat; or 

19 (iv) to preserve the natural character 

20 of the recreation land. 

21 (B) PERMITTED CABIN LAND.—The Board 

22 shall manage the permitted cabin land conveyed 

23 under paragraph (1)— 


tkelley on DSKBCP9HB2PROD with BILLS
14 

•S 2074 RS

1 (i) for cabins or recreational residences 

2 in existence as of the date of enactment of 

3 this Act; or 

4 (ii) for any of the recreation land 

5 management purposes described in subpara6 graph (A). 

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

8 recreation land conveyed under paragraph (1) that is 

9 used for haying or grazing authorized by the Manage10 ment Agreement as of the date of enactment of this 

11 Act, the Board may continue to permit haying and 

12 grazing in a manner that is permissible under the 1 

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

14 date of enactment of this Act. 

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

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

17 manner that is inconsistent with the requirements described 

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

19 (a)(3), the parcel of land shall, at the discretion of the Sec20 retary, revert to the United States. 

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

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

23 of permitted cabin land conveyed under subsection 

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

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


tkelley on DSKBCP9HB2PROD with BILLS
15 

•S 2074 RS

1 accordance with the Uniform Standards of Profes2 sional Appraisal Practice, subject to paragraph (2). 

3 (2) IMPROVEMENTS.—For purposes of an ap4 praisal conducted under paragraph (1), any improve5 ments on the permitted cabin land made by a permit 

6 holder shall not be included in the appraised value of 

7 the land. 

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

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

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

11 Board shall pay to the Secretary the amount of any 

12 proceeds of the sale that exceed the costs of preparing 

13 the sale by the Board. 

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

15 Any amounts paid to the Secretary for land conveyed by 

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

17 Secretary, without further appropriation, for activities re18 lating to the operation of the Jamestown Dam and Res19 ervoir. 

20 SEC. 3. CONVEYANCE OF GAME AND FISH HEADQUARTERS 

21 TO THE STATE. 

22 (a) CONVEYANCE OF GAME AND FISH HEAD23 QUARTERS.—Not later than 5 years after the date of enact24 ment of this Act, the Secretary shall convey to the State 

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


tkelley on DSKBCP9HB2PROD with BILLS
16 

•S 2074 RS

1 the game and fish headquarters, on the condition that the 

2 game and fish headquarters continue to be used as a game 

3 and fish headquarters or substantially similar purposes. 

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

5 (a) is used in a manner that is inconsistent with the re6 quirements described in that subsection, the land shall, at 

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

8 SEC. 4. RESERVATIONS, EASEMENTS, AND OTHER OUT9 STANDING RIGHTS. 

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

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

12 (1) valid existing rights; 

13 (2) operational requirements of the Pick-Sloan 

14 Missouri River Basin Program, as authorized by sec15 tion 9 of the Act of December 22, 1944 (commonly 

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

17 891, chapter 665), including the Jamestown Res18 ervoir; 

19 (3) any flowage easement reserved by the United 

20 States to allow full operation of the Jamestown Res21 ervoir for authorized purposes; 

22 (4) reservations described in the Management 

23 Agreement; 


tkelley on DSKBCP9HB2PROD with BILLS
17 

•S 2074 RS

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

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

3 in favor of, the United States or a third party; 

4 (6) any permit, license, lease, right-of-use, flow5 age easement, or right-of-way of record in, on, over, 

6 or across the applicable property or Federal land, 

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

8 as of the date of enactment of this Act; 

9 (7) a deed restriction that prohibits building any 

10 new permanent structure on property below an ele11 vation of 1,454 feet; and 

12 (8) the granting of applicable easements for— 

13 (A) vehicular access to the property; and 

14 (B) access to, and use of, all docks, boat15 houses, ramps, retaining walls, and other im16 provements for which access is provided in the 

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

18 enactment of this Act. 

19 (b) LIABILITY; TAKING.— 

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

21 liable for flood damage to a property subject to a per22 mit, the Board, or the State, or for damages arising 

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

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

25 damages caused by an act or omission of the United 


tkelley on DSKBCP9HB2PROD with BILLS
18 

•S 2074 RS

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

2 United States before the date of enactment of this Act. 

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

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

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

6 the United States. 

7 SEC. 5. INTERIM REQUIREMENTS. 

8 During the period beginning on the date of enactment 

9 of this Act and ending on the date of conveyance of a prop10 erty or parcel of land under this Act, the provisions of the 

11 Management Agreement that are applicable to the property 

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

13 and any applicable permits, shall remain in force and ef14 fect. 


tkelley on DSKBCP9HB2PROD with BILLS

tkelley on DSKBCP9HB2PROD with BILLS
Calendar No. 537 

115TH CONGRESS 

2D SESSION S. 2074 

A BILL 

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 

JULY 30, 2018 

Reported with an amendment 


tkelley on DSKBCP9HB2PROD with BILLS