II 

114TH CONGRESS 

2D SESSION S. 3437 

To establish a procedure for the conveyance of certain Federal property 

around the Dickinson Reservoir in the State of North Dakota. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 28, 2016 

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 

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. PATTERSON LAKE LAND CONVEYANCES. 

4 (a) DEFINITIONS.—In this section: 

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

6 means Dickinson Parks & Recreation in Dickinson, 

7 North Dakota (or a successor in interest to that en8 tity). 


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1 (2) DICKINSON RESERVOIR.—The term ‘‘ ‘Dick2 inson Reservoir’ ’’ means the Dickinson Reservoir 

3 constructed as part of the Dickinson Unit, Heart 

4 Division, Pick-Sloan Missouri Basin Program, as au5 thorized by section 9 of the Act of December 22, 

6 1944 (commonly known as the ‘‘Flood Control Act 

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

8 (3) PERMITTEE.—The term ‘‘permittee’’ means 

9 the holder of a permit for a property. 

10 (4) PROPERTY.—The term ‘‘property’’ means 

11 any one of the cabin sites located on Federal prop12 erty around the Dickinson Reservoir for which a per13 mit is in effect on the date of enactment of this Act. 

14 (5) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior, acting through the 

16 Commissioner of Reclamation. 

17 (b) PURCHASE OF PROPERTY BY PERMITTEE; 

18 TRANSFERS TO DEPARTMENT.— 

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

20 the permittee of a property the first option to pur21 chase that property for fair market value in accord22 ance with paragraph (2). 

23 (2) PURCHASE.— 

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

25 permittee to exercise the option to purchase a 


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1 property pursuant to paragraph (1), the Sec2 retary shall convey to the permittee, for fair 

3 market value— 

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

5 United States in and to the property, sub6 ject to valid existing rights; and 

7 (ii) easements for— 

8 (I) vehicular access to the prop9 erty; 

10 (II) access to, and use of, a dock 

11 for the property; and 

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

13 boathouses, ramps, retaining walls, 

14 and other improvements for which ac15 cess is provided in the permit for use 

16 of the property as of the date of en17 actment of this Act. 

18 (B) PERIOD FOR CONVEYANCE.—The Sec19 retary shall convey to a permittee a property 

20 pursuant to subparagraph (A) during the pe21 riod— 

22 (i) beginning on the date that is 1 

23 year after the date of enactment of this 

24 Act; and 


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1 (ii) ending on the date that is 2 years 

2 after that date of enactment. 

3 (C) DISPUTES REGARDING FAIR MARKET

4 VALUE.—Any dispute regarding the fair market 

5 value of a property shall be resolved in accord6 ance with section 2201.4 of title 43, Code of 

7 Federal Regulations (or successor regulations). 

8 (3) TRANSFERS TO DEPARTMENT.— 

9 (A) FAILURE TO PURCHASE.—If a per10 mittee fails to exercise the option to purchase a 

11 property under paragraph (2) by the date that 

12 is 2 years after the date of enactment of this 

13 Act, the Secretary shall transfer the property to 

14 the Department, without cost. 

15 (B) CERTAIN OTHER LAND.—Effective be16 ginning on the date that is 2 years after the 

17 date of enactment of this Act, the Secretary 

18 shall transfer to the Department, without cost, 

19 land managed by the Department as of the date 

20 of enactment, on which no cabin is located. 

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

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

23 transfer to the Department, pursuant to subsection (b) 

24 shall be made subject to— 


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

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

3 by, or in favor of, a third party; and 

4 (2) any permit, license, lease, right-of-use, or 

5 right-of-way of record in, on, over, or across the ap6 plicable property or land that is outstanding to a 

7 third party as of the date of enactment of this Act. 

8 (d) LIABILITY; TAKING.— 

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

10 liable for flood damage to the personal property of 

11 a permittee or for damages arising out of any act, 

12 omission, or occurrence relating to a lot to which a 

13 permit applies, other than for damages caused by an 

14 act or omission of the United States or an employee, 

15 agent, or contractor of the United States before the 

16 date of enactment of this Act. 

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

18 damage to the personal property of a permittee shall 

19 not be considered to be a taking by the United 

20 States. 

21 (e) REQUIREMENTS RELATING TO CONVEYANCES

22 AND TRANSFERS.— 

23 (1) INTERIM REQUIREMENTS.—During the pe24 riod beginning on the date of enactment of this Act 

25 and ending on the date of conveyance or transfer of 


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1 a property or land, the provisions of the document 

2 entitled ‘‘Management Agreement between the Bu3 reau of Reclamation, et al., for the Development, 

4 Management, Operation, and Maintenance of Lands 

5 and Recreation Facilities at Dickinson Reservoir’’ 

6 that are applicable to the property or land shall re7 main in force and effect. 

8 (2) LEGAL DESCRIPTIONS.—Not later than 180 

9 days after the date of enactment of this Act, the 

10 Secretary, in consultation with the Department, 

11 shall provide to the Department a legal description 

12 of all properties and land that may be conveyed or 

13 transferred pursuant to this section. 

14 (3) RESTRICTION ON CONVEYANCE.—Effective 

15 beginning on the date of enactment of this Act— 

16 (A) a permittee may not build any new 

17 permanent structure below an elevation of 

18 2,430 feet; and 

19 (B) if a permittee builds a structure de20 scribed in subparagraph (A), the property of 

21 the permittee shall revert to the Department. 

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

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

24 section shall be made available to the Secretary, without 

25 further appropriation, for— 


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

2 this section; and 

3 (2) deferred maintenance activities relating to 

4 the operation of the dam in the Dickinson Reservoir. 

Æ 


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