I 

115TH CONGRESS 

2D SESSION H. R. 6038 

To establish a procedure for the conveyance of certain Federal property 

around the Dickinson Reservoir in the State of North Dakota. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 7, 2018 

Mr. CRAMER introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To establish a procedure for the conveyance of certain Federal property around the Dickinson Reservoir in the 

State of North Dakota. 

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

3 SECTION 1. DEFINITIONS. 

4 In this Act: 

5 (1) DEPARTMENT.—The term ‘‘Department’’ 

6 means Dickinson Parks & Recreation in Dickinson, 

7 North Dakota. 

8 (2) DICKINSON RESERVOIR.—The term ‘‘Dick9 inson Reservoir’’ means the Dickinson Reservoir 

10 constructed as part of the Dickinson Unit, Heart 


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1 Division, Pick-Sloan Missouri Basin Program, as au2 thorized by section 9 of the Act of December 22, 

3 1944 (commonly known as the ‘‘Flood Control Act 

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

5 (3) GAME AND FISH HEADQUARTERS.—The 

6 term ‘‘game and fish headquarters’’ means the ap7 proximately 10 acres of land depicted as ‘‘Game and 

8 Fish Headquarters’’ on the Map. 

9 (4) MANAGEMENT AGREEMENT.—The term 

10 ‘‘Management Agreement’’ means the management 

11 agreement entitled ‘‘Management Agreement be12 tween the Bureau of Reclamation, et al., for the De13 velopment, Management, Operation, and Mainte14 nance of Lands and Recreation Facilities at Dickin15 son Reservoir’’, MA No. 07AG602222, Modification 

16 No. 1 and dated March 15, 2017. 

17 (5) MAP.—The term ‘‘Map’’ means the map 

18 prepared by the Bureau of Reclamation, entitled 

19 ‘‘Dickinson Reservoir’’, and dated May 2018. 

20 (6) PERMITTED CABIN LAND.—The term ‘‘per21 mitted cabin land’’ means the land depicted as ‘‘Per22 mitted Cabin Land’’ on the Map. 

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

24 any cabin site located on permitted cabin land for 


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

2 of this Act. 

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

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

5 Public Purpose Lands’’ on the Map. 

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

7 the Secretary of the Interior, acting through the 

8 Commissioner of Reclamation. 

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

10 State of North Dakota, acting through the North 

11 Dakota Game and Fish Department. 

12 SEC. 2. CONVEYANCES TO DICKINSON DEPARTMENT OF 

13 PARKS AND RECREATION. 

14 (a) CONVEYANCES TO DICKINSON DEPARTMENT OF

15 PARKS AND RECREATION.— 

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

17 requirements of paragraph (3) and the easements 

18 and reservations under section 4, not later than 5 

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

20 Secretary shall convey to the Department all right, 

21 title, and interest of the United States in and to— 

22 (A) the recreation land; and 

23 (B) the permitted cabin land. 

24 (2) COSTS.— 


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

2 subparagraph (B), the Secretary shall convey 

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

4 (B) TITLE TRANSFER; LAND SURVEYS.— 

5 As a condition of the conveyances under para6 graph (1), the Department shall agree to pay 

7 all survey and other administrative costs nec8 essary for the preparation and completion of 

9 any patents for, and transfers of title to, the 

10 land described in paragraph (1). 

11 (3) MANAGEMENT.— 

12 (A) RECREATION LAND.—The Department 

13 shall manage the recreation land conveyed 

14 under paragraph (1)— 

15 (i) for recreation and public purposes 

16 consistent with the Act of June 14, 1926 

17 (commonly known as the ‘‘Recreation and 

18 Public Purposes Act’’) (44 Stat. 741, 

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

20 (ii) for public access; 

21 (iii) for fish and wildlife habitat; or 

22 (iv) to preserve the natural character 

23 of the recreation land. 


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1 (B) PERMITTED CABIN LAND.—The De2 partment shall manage the permitted cabin land 

3 conveyed under paragraph (1)— 

4 (i) for cabins or recreational resi5 dences in existence as of the date of enact6 ment of this Act; or 

7 (ii) for any of the recreation land 

8 management purposes described in sub9 paragraph (A). 

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

11 recreation land conveyed under paragraph (1) that is 

12 used for haying or grazing authorized by the Man13 agement Agreement as of the date of enactment of 

14 this Act, the Department may continue to permit 

15 haying and grazing in a manner that is permissible 

16 under the one or more haying or grazing contracts 

17 in effect as of the date of enactment of this Act. 

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

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

20 a manner that is inconsistent with the requirements de21 scribed in subparagraph (A) or (B), respectively, of sub22 section (a)(3), the parcel of land shall, at the discretion 

23 of the Secretary, revert to the United States. 

24 (c) SALE OF PERMITTED CABIN LAND BY DEPART25 MENT.— 


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1 (1) IN GENERAL.—If the Department sells any 

2 parcel of permitted cabin land conveyed under sub3 section (a)(1)(B), the parcel shall be sold at fair 

4 market value, as determined by a third-party ap5 praiser in accordance with the Uniform Standards of 

6 Professional Appraisal Practice, subject to para7 graph (2). 

8 (2) IMPROVEMENTS.—For purposes of an ap9 praisal conducted under paragraph (1), any improve10 ments on the permitted cabin land made by the per11 mit holder shall not be included in the appraised 

12 value of the land. 

13 (3) PROCEEDS FROM THE SALE OF LAND BY

14 THE DEPARTMENT.—If the Department sells a par15 cel of permitted cabin land conveyed under sub16 section (a)(1)(B), the Department shall pay to the 

17 Secretary the amount of any proceeds of the sale 

18 that exceed the costs of preparing the sale by the 

19 Department. 

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

21 Any amounts paid to the Secretary for land conveyed by 

22 the Secretary under this Act shall be made available to 

23 the Secretary, without further appropriation, for activities 

24 relating to the operation of the Dickinson Dam and Res25 ervoir. 


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1 SEC. 3. CONVEYANCE OF GAME AND FISH HEADQUARTERS 

2 TO THE STATE. 

3 (a) CONVEYANCE OF GAME AND FISH HEAD4 QUARTERS.—Not later than 5 years after the date of en5 actment of this Act, the Secretary shall convey to the 

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

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

8 that the game and fish headquarters continue to be used 

9 as a game and fish headquarters or substantially similar 

10 purposes. 

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

12 (a) is used in a manner that is inconsistent with the re13 quirements described in that subsection, the land shall, at 

14 the discretion of the Secretary, revert to the United 

15 States. 

16 SEC. 4. RESERVATIONS, EASEMENTS, AND OTHER OUT17 STANDING RIGHTS. 

18 (a) IN GENERAL.—Each conveyance to the Depart19 ment or the State pursuant to this Act shall be made sub20 ject to— 

21 (1) valid existing rights; 

22 (2) operational requirements of the Pick-Sloan 

23 Missouri River Basin Program, as authorized by sec24 tion 9 of the Act of December 22, 1944 (commonly 

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


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1 Stat. 891, chapter 665), including the Dickinson 

2 Reservoir; 

3 (3) any flowage easement reserved by the 

4 United States to allow full operation of Dickinson 

5 Reservoir for authorized purposes; 

6 (4) reservations described in the Management 

7 Agreement; 

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

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

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

11 party; 

12 (6) any permit, license, lease, right-of-use, flow13 age easement, or right-of-way of record in, on, over, 

14 or across the applicable property or Federal land, 

15 whether owned by the United States or a third 

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

17 (7) a deed restriction that prohibits building 

18 any new permanent structure on property below an 

19 elevation of 2,430.6 feet; and 

20 (8) the granting of applicable easements for— 

21 (A) vehicular access to the property; and 

22 (B) access to, and use of, all docks, boat23 houses, ramps, retaining walls, and other im24 provements for which access is provided in the 


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

2 enactment of this Act. 

3 (b) LIABILITY; TAKING.— 

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

5 liable for flood damage to a property subject to a 

6 permit, the Department, or the State, or for dam7 ages arising out of any act, omission, or occurrence 

8 relating to a permit holder, the Department, or the 

9 State, other than for damages caused by an act or 

10 omission of the United States or an employee, agent, 

11 or contractor of the United States before the date of 

12 enactment of this Act. 

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

14 damage to the property of a permit holder, the De15 partment, or the State, shall not be considered to be 

16 a taking by the United States. 

17 SEC. 5. INTERIM REQUIREMENTS. 

18 During the period beginning on the date of enactment 

19 of this Act and ending on the date of conveyance of a prop20 erty or parcel of land under this Act, the provisions of 

21 the Management Agreement that are applicable to the 

22 property or land, or to leases between the State and the 

23 Secretary, and any applicable permits, shall remain in 

24 force and effect. 

Æ 


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