IB 

Union Calendar No. 697 

115TH CONGRESS 

2D SESSION H. R. 6039 

[Report No. 115–901] 

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 

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 Jamestown Reservoir in the 

State of North Dakota, and for other purposes. 


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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) BOARD.—The term ‘‘Board’’ means the 

6 Stutsman County Park Board in Jamestown, North 

7 Dakota. 

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

9 ‘‘game and fish headquarters’’ means the land de10 picted as ‘‘Game and Fish Headquarters’’ on the 

11 Map. 

12 (3) JAMESTOWN RESERVOIR.—The term ‘‘James13 town Reservoir’’ means the Jamestown Reservoir con14 structed as a unit of the Missouri-Souris Division, 

15 Pick-Sloan Missouri Basin Program, as authorized 

16 by section 9 of the Act of December 22, 1944 (com17 monly known as the ‘‘Flood Control Act of 1944’’) (58 

18 Stat. 891, chapter 665). 

19 (4) MANAGEMENT AGREEMENT.—The term 

20 ‘‘Management Agreement’’ means the management 

21 agreement entitled ‘‘Management Agreement between 

22 the United States of America and Stutsman County 

23 Park Board for the Management, Development, Oper24 ation and Maintenance of Recreation and Related 

25 Improvements and Facilities at Jamestown Reservoir 


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

2 60–2255, and dated February 17, 2015. 

3 (5) MAP.—The term ‘‘Map’’ means the map pre4 pared by the Bureau of Reclamation, entitled ‘‘James5 town Reservoir’’, and dated May 2018. 

6 (6) PERMITTED CABIN LAND.—The term ‘‘per7 mitted cabin land’’ means the land depicted as ‘‘Per8 mitted Cabin Lands’’ 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 STUTSMAN COUNTY PARK 

23 BOARD. 

24 (a) CONVEYANCES TO STUTSMAN COUNTY PARK

25 BOARD.— 


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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 Board all right, title, and interest 

6 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 Board shall agree to pay all survey and 

16 other administrative costs necessary for the prep17 aration and completion of any patents for, and 

18 transfers of title to, the land described in para19 graph (1). 

20 (3) MANAGEMENT.— 

21 (A) RECREATION LAND.—The Board shall 

22 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 Board 

9 shall manage the permitted cabin land conveyed 

10 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 Board may continue to permit haying and 

22 grazing in a manner that is permissible under the 

23 one or more haying or grazing contracts in effect as 

24 of the date of enactment of this Act. 

25 (b) 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 of 

11 the land. 

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

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

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

15 Board shall pay to the Secretary the amount of any 

16 proceeds of the sale that exceed the costs of preparing 

17 the sale by the Board. 

18 (c) 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 the 

21 Secretary, without further appropriation, for activities re22 lating 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 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 Board or 

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

13 (1) valid existing rights; 

14 (2) operational requirements of the Pick-Sloan 

15 Missouri River Basin Program, as authorized by sec16 tion 9 of the Act of December 22, 1944 (commonly 

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

18 891, chapter 665), including the Jamestown Res19 ervoir; 

20 (3) any flowage easement reserved by the United 

21 States to allow full operation of the Jamestown Res22 ervoir 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 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 


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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. 


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Union Calendar No. 697 

115TH CONGRESS 

2D SESSION H. R. 6039 

[Report No. 115–901] 

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 

AUGUST 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