I 

115TH CONGRESS 

2D SESSION H. R. 6039 

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 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 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. DEFINITIONS. 

4 In this Act: 

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

6 Stutsman County Park Board in Jamestown, North 

7 Dakota. 

8 (2) GAME AND FISH HEADQUARTERS.—The 

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


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

2 Map. 

3 (3) JAMESTOWN RESERVOIR.—The term 

4 ‘‘Jamestown Reservoir’’ means the Jamestown Res5 ervoir constructed as a unit of the Missouri-Souris 

6 Division, Pick-Sloan Missouri Basin Program, as au7 thorized by section 9 of the Act of December 22, 

8 1944 (commonly known as the ‘‘Flood Control Act 

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

10 (4) MANAGEMENT AGREEMENT.—The term 

11 ‘‘Management Agreement’’ means the management 

12 agreement entitled ‘‘Management Agreement be13 tween the United States of America and Stutsman 

14 County Park Board for the Management, Develop15 ment, Operation and Maintenance of Recreation and 

16 Related Improvements and Facilities at Jamestown 

17 Reservoir Stutsman County, North Dakota’’, num18 bered 15–LM–60–2255, and dated February 17, 

19 2015. 

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

21 prepared by the Bureau of Reclamation, entitled 

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

23 (6) PERMITTED CABIN LAND.—The term ‘‘per24 mitted cabin land’’ means the land depicted as ‘‘Per25 mitted Cabin Lands’’ on the Map. 


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

2 any cabin site located on permitted cabin land for 

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

4 of this Act. 

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

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

7 Public Purpose Lands’’ on the Map. 

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

9 the Secretary of the Interior, acting through the 

10 Commissioner of Reclamation. 

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

12 State of North Dakota, acting through the North 

13 Dakota Game and Fish Department. 

14 SEC. 2. CONVEYANCES TO STUTSMAN COUNTY PARK 

15 BOARD. 

16 (a) CONVEYANCES TO STUTSMAN COUNTY PARK

17 BOARD.— 

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

19 requirements of paragraph (3) and the easements 

20 and reservations under section 4, not later than 5 

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

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

23 and interest of the United States in and to— 

24 (A) the recreation land; and 

25 (B) the permitted cabin land. 


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1 (2) COSTS.— 

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

3 subparagraph (B), the Secretary shall convey 

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

5 (B) TITLE TRANSFER; LAND SURVEYS.— 

6 As a condition of the conveyances under para7 graph (1), the Board shall agree to pay all sur8 vey and other administrative costs necessary for 

9 the preparation and completion of any patents 

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

11 in paragraph (1). 

12 (3) MANAGEMENT.— 

13 (A) RECREATION LAND.—The Board shall 

14 manage the recreation land conveyed under 

15 paragraph (1)— 

16 (i) for recreation and public purposes 

17 consistent with the Act of June 14, 1926 

18 (commonly known as the ‘‘Recreation and 

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

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

21 (ii) for public access; 

22 (iii) for fish and wildlife habitat; or 

23 (iv) to preserve the natural character 

24 of the recreation land. 


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1 (B) PERMITTED CABIN LAND.—The Board 

2 shall manage the permitted cabin land conveyed 

3 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 Board may continue to permit haying 

15 and grazing in a manner that is permissible under 

16 the one or more haying or grazing contracts in effect 

17 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 BOARD.— 


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

2 of permitted cabin land conveyed under subsection 

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

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

5 accordance with the Uniform Standards of Profes6 sional Appraisal Practice, subject to paragraph (2). 

7 (2) IMPROVEMENTS.—For purposes of an ap8 praisal conducted under paragraph (1), any improve9 ments on the permitted cabin land made by a permit 

10 holder shall not be included in the appraised value 

11 of the land. 

12 (3) PROCEEDS FROM THE SALE OF LAND BY

13 THE BOARD.—If the Board sells a parcel of per14 mitted cabin land conveyed under subsection 

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

16 amount of any proceeds of the sale that exceed the 

17 costs of preparing the sale by the Board. 

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

19 Any amounts paid to the Secretary for land conveyed by 

20 the Secretary under this Act shall be made available to 

21 the Secretary, without further appropriation, for activities 

22 relating to the operation of the Jamestown Dam and Res23 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 Board or 

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

20 (1) valid existing rights; 

21 (2) operational requirements of the Pick-Sloan 

22 Missouri River Basin Program, as authorized by sec23 tion 9 of the Act of December 22, 1944 (commonly 

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

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

26 Reservoir; 


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1 (3) any flowage easement reserved by the 

2 United States to allow full operation of the James3 town Reservoir for authorized purposes; 

4 (4) reservations described in the Management 

5 Agreement; 

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

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

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

9 party; 

10 (6) any permit, license, lease, right-of-use, flow11 age easement, or right-of-way of record in, on, over, 

12 or across the applicable property or Federal land, 

13 whether owned by the United States or a third 

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

15 (7) a deed restriction that prohibits building 

16 any new permanent structure on property below an 

17 elevation of 1,454 feet; and 

18 (8) the granting of applicable easements for— 

19 (A) vehicular access to the property; and 

20 (B) access to, and use of, all docks, boat21 houses, ramps, retaining walls, and other im22 provements for which access is provided in the 

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

24 enactment of this Act. 

25 (b) LIABILITY; TAKING.— 


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

2 liable for flood damage to a property subject to a 

3 permit, the Board, or the State, or for damages aris4 ing out of any act, omission, or occurrence relating 

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

6 than for damages caused by an act or omission of 

7 the United States or an employee, agent, or con8 tractor of the United States before the date of en9 actment of this Act. 

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

11 damage to the property of a permit holder, the 

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

13 taking by the United States. 

14 SEC. 5. INTERIM REQUIREMENTS. 

15 During the period beginning on the date of enactment 

16 of this Act and ending on the date of conveyance of a prop17 erty or parcel of land under this Act, the provisions of 

18 the Management Agreement that are applicable to the 

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

20 Secretary, and any applicable permits, shall remain in 

21 force and effect. 

Æ 


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