IB 

Union Calendar No. 696 

115TH CONGRESS 

2D SESSION H. R. 6038 

[Report No. 115–900] 

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 

AUGUST 14, 2018 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

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

[For text of introduced bill, see copy of bill as introduced on June 7, 2018] 


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A BILL 

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

State of North Dakota. 


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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 ‘‘Dickin9 son Reservoir’’ means the Dickinson Reservoir con10 structed as part of the Dickinson Unit, Heart Divi11 sion, Pick-Sloan Missouri Basin Program, as author12 ized by section 9 of the Act of December 22, 1944 

13 (commonly known as the ‘‘Flood Control Act of 

14 1944’’) (58 Stat. 891, chapter 665). 

15 (3) GAME AND FISH HEADQUARTERS.—The term 

16 ‘‘game and fish headquarters’’ means the approxi17 mately 10 acres of land depicted as ‘‘Game and Fish 

18 Headquarters’’ on the Map. 

19 (4) MANAGEMENT AGREEMENT.—The term 

20 ‘‘Management Agreement’’ means the management 

21 agreement entitled ‘‘Management Agreement between 

22 the Bureau of Reclamation, et al., for the Develop23 ment, Management, Operation, and Maintenance of 

24 Lands and Recreation Facilities at Dickinson ResVerDate Sep 11 2014 20:21 Aug 14, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H6038.RH H6038

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1 ervoir’’, MA No. 07AG602222, Modification No. 1 and 

2 dated March 15, 2017. 

3 (5) MAP.—The term ‘‘Map’’ means the map pre4 pared by the Bureau of Reclamation, entitled ‘‘Dick5 inson Reservoir’’, and dated May 2018. 

6 (6) PERMITTED CABIN LAND.—The term ‘‘per7 mitted cabin land’’ means the land depicted as ‘‘Per8 mitted Cabin Land’’ on the Map. 

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

10 any cabin site located on permitted cabin land for 

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

12 of this Act. 

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

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

15 Public Purpose Lands’’ on the Map. 

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

17 the Secretary of the Interior, acting through the Com18 missioner of Reclamation. 

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

20 of North Dakota, acting through the North Dakota 

21 Game and Fish Department. 

22 SEC. 2. CONVEYANCES TO DICKINSON DEPARTMENT OF 

23 PARKS AND RECREATION. 

24 (a) CONVEYANCES TO DICKINSON DEPARTMENT OF

25 PARKS AND RECREATION.— 


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1 (1) IN GENERAL.—Subject to the management re2 quirements of paragraph (3) and the easements and 

3 reservations under section 4, not later than 5 years 

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

5 shall convey to the Department all right, title, and in6 terest of the United States in and to— 

7 (A) the recreation land; and 

8 (B) the permitted cabin land. 

9 (2) COSTS.— 

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

11 subparagraph (B), the Secretary shall convey the 

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

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

14 a condition of the conveyances under paragraph 

15 (1), the Department shall agree to pay all survey 

16 and other administrative costs necessary for the 

17 preparation and completion of any patents for, 

18 and transfers of title to, the land described in 

19 paragraph (1). 

20 (3) MANAGEMENT.— 

21 (A) RECREATION LAND.—The Department 

22 shall manage the recreation land conveyed under 

23 paragraph (1)— 

24 (i) for recreation and public purposes 

25 consistent with the Act of June 14, 1926 


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1 (commonly known as the ‘‘Recreation and 

2 Public Purposes Act’’) (44 Stat. 741, chap3 ter 578; 43 U.S.C. 869 et seq.); 

4 (ii) for public access; 

5 (iii) for fish and wildlife habitat; or 

6 (iv) to preserve the natural character 

7 of the recreation land. 

8 (B) PERMITTED CABIN LAND.—The Depart9 ment shall manage the permitted cabin land con10 veyed under paragraph (1)— 

11 (i) for cabins or recreational residences 

12 in existence as of the date of enactment of 

13 this Act; or 

14 (ii) for any of the recreation land 

15 management purposes described in subpara16 graph (A). 

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

18 recreation land conveyed under paragraph (1) that is 

19 used for haying or grazing authorized by the Manage20 ment Agreement as of the date of enactment of this 

21 Act, the Department may continue to permit haying 

22 and grazing in a manner that is permissible under 

23 the one or more haying or grazing contracts in effect 

24 as of the date of enactment of this Act. 


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1 (b) SALE OF PERMITTED CABIN LAND BY DEPART2 MENT.— 

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

4 parcel of permitted cabin land conveyed under sub5 section (a)(1)(B), the parcel shall be sold at fair mar6 ket value, as determined by a third-party appraiser 

7 in accordance with the Uniform Standards of Profes8 sional Appraisal Practice, subject to paragraph (2). 

9 (2) IMPROVEMENTS.—For purposes of an ap10 praisal conducted under paragraph (1), any improve11 ments on the permitted cabin land made by the per12 mit holder shall not be included in the appraised 

13 value of the land. 

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

15 DEPARTMENT.—If the Department sells a parcel of 

16 permitted cabin land conveyed under subsection 

17 (a)(1)(B), the Department shall pay to the Secretary 

18 the amount of any proceeds of the sale that exceed the 

19 costs of preparing the sale by the Department. 

20 (c) 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 the 

23 Secretary, without further appropriation, for activities re24 lating to the operation of the Dickinson Dam and Reservoir. 


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1 SEC. 3. CONVEYANCE OF GAME AND FISH HEADQUARTERS 

2 TO THE STATE. 

3 Not later than 5 years after the date of enactment of 

4 this Act, the Secretary shall convey to the State all right, 

5 title, and interest of the United States in and to the game 

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

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

8 headquarters or substantially similar purposes. 

9 SEC. 4. RESERVATIONS, EASEMENTS, AND OTHER OUT10 STANDING RIGHTS. 

11 (a) IN GENERAL.—Each conveyance to the Depart12 ment or the State pursuant to this Act shall be made subject 

13 to— 

14 (1) valid existing rights; 

15 (2) operational requirements of the Pick-Sloan 

16 Missouri River Basin Program, as authorized by sec17 tion 9 of the Act of December 22, 1944 (commonly 

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

19 891, chapter 665), including the Dickinson Reservoir; 

20 (3) any flowage easement reserved by the United 

21 States to allow full operation of Dickinson Reservoir 

22 for authorized purposes; 

23 (4) reservations described in the Management 

24 Agreement; 


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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 2,430.6 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 Department, or the State, or for damages 

23 arising out of any act, omission, or occurrence relat24 ing to a permit holder, the Department, or the State, 

25 other than for damages caused by an act or omission 


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1 of the United States or an employee, agent, or con2 tractor of the United States before the date of enact3 ment of this Act. 

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

5 damage to the property of a permit holder, the De6 partment, or the State, shall not be considered to be 

7 a taking by the United States. 

8 SEC. 5. INTERIM REQUIREMENTS. 

9 During the period beginning on the date of enactment 

10 of this Act and ending on the date of conveyance of a prop11 erty or parcel of land under this Act, the provisions of the 

12 Management Agreement that are applicable to the property 

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

14 and any applicable permits, shall remain in force and ef15 fect. 


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pamtmann on DSKBFK8HB2PROD with BILLS
Union Calendar No. 696 

115TH CONGRESS 

2D SESSION H. R. 6038 

[Report No. 115–900] 

A BILL 

To establish a procedure for the conveyance of cerervoir in the State of North Dakota. tain Federal property around the Dickinson ResAUGUST 14, 2018 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


pamtmann on DSKBFK8HB2PROD with BILLS