A bill to establish a procedure for the conveyance of certain Federal property around the Dickinson Reservoir in the State of North Dakota.

To establish a procedure for the conveyance of certain Federal property around the Dickinson Reservoir in the State of North Dakota. 1. Patterson Lake land conveyances (a) Definitions In this section: (1) Department The term Department (2) Dickinson Reservoir The term Dickinson Reservoir Flood Control Act of 1944 (3) Permittee The term permittee (4) Property The term property (5) Secretary The term Secretary (b) Purchase of property by permittee; transfers to Department (1) Option The Secretary shall provide to the permittee of a property the first option to purchase that property in accordance with paragraph (3) for fair market value, subject to the condition that the permittee shall pay to the Department any outstanding permit fees before the permittee may exercise the option to purchase. (2) Determination of fair market value (A) In general For purposes of this subsection, the fair market value of a property shall be determined by a local, third-party appraiser, valuing the property as unimproved residential property, excluding all improvements. (B) Disputes Any dispute regarding the fair market value of a property shall be resolved in accordance with section 2201.4 of title 43, Code of Federal Regulations (or successor regulations). (3) Purchase (A) In general On an election by a permittee to exercise the option to purchase a property pursuant to paragraph (1), the Secretary shall convey to the permittee, for fair market value— (i) all right, title, and interest of the United States in and to the property, subject to valid existing rights; and (ii) easements for— (I) vehicular access to the property; (II) access to, and use of, a dock for the property; and (III) access to, and use of, all boathouses, ramps, retaining walls, and other improvements for which access is provided in the permit for use of the property as of the date of enactment of this Act. (B) Period for conveyance The Secretary shall convey to a permittee a property pursuant to subparagraph (A) during the period— (i) beginning on the date of enactment of this Act; and (ii) ending on the date that is 2 years after that date of enactment. (4) Transfers to Department (A) Failure to purchase If a permittee fails to exercise the option to purchase a property under paragraph (3) by the date that is 2 years after the date of enactment of this Act, the Secretary shall transfer the property to the Department, without cost. (B) Certain other land Effective beginning on the date that is 2 years after the date of enactment of this Act, the Secretary shall transfer to the Department, without cost, land managed by the Department as of the date of enactment, on which no cabin is located. (c) Oil, gas, mineral, and other outstanding rights Each conveyance to a permittee, and each transfer to the Department, pursuant to subsection (b) shall be made subject to— (1) oil, gas, and other mineral rights reserved of record, as of the date of enactment of this Act, by, or in favor of, a third party; and (2) any permit, license, lease, right-of-use, or right-of-way of record in, on, over, or across the applicable property or land that is outstanding to a third party as of the date of enactment of this Act. (d) Liability; taking (1) Liability The United States shall not be liable for flood damage to the personal property of a permittee or for damages arising out of any act, omission, or occurrence relating to a lot to which a permit applies, other than for damages caused by an act or omission of the United States or an employee, agent, or contractor of the United States before the date of enactment of this Act. (2) Taking Any temporary flooding or flood damage to the personal property of a permittee shall not be considered to be a taking by the United States. (e) Requirements relating to conveyances and transfers (1) Interim requirements During the period beginning on the date of enactment of this Act and ending on the date of conveyance or transfer of a property or land, the provisions of the document entitled Management Agreement between the Bureau of Reclamation, et al., for the Development, Management, Operation, and Maintenance of Lands and Recreation Facilities at Dickinson Reservoir (2) Legal descriptions Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Department, shall provide to the Department a legal description of all properties and land that may be conveyed or transferred pursuant to this section. (3) Restriction on conveyance Effective beginning on the date of enactment of this Act— (A) a permittee may not build any new permanent structure below an elevation of 2,430 feet; and (B) if a permittee builds a structure described in subparagraph (A), the property of the permittee shall revert to the Department. (f) Proceeds from sales of Federal land Any revenues from a sale of Federal land pursuant to this section shall be made available to the Secretary, without further appropriation, for— (1) the costs to the Secretary of carrying out this section; and (2) deferred maintenance activities relating to the operation of the dam in the Dickinson Reservoir.

Summary: (Sec. 2) This bill requires the Bureau of Reclamation, within five years, to convey certain recreation land and permitted cabin land around the Dickinson Dam and Reservoir to the Dickinson Parks and Recreation Department in Dickinson, North Dakota. The department must pay administrative costs related to the conveyance, but no other costs. The department must manage the conveyed recreational land for certain recreation and public purposes, public access, fish and wildlife habitat, or the preservation of the natural character of the recreation land. The department may continue to permit haying and grazing on such recreational land if those activities are authorized under a contract that is in effect on this bill's enactment. In addition, the department must manage the conveyed permitted cabin land for (1) existing cabins or recreational residences, or (2) certain recreational land management purposes. The conveyed land reverts to the United States if the land is used in a manner that is inconsistent with the authorized uses. The department must charge fair market value for the sale of a parcel of permitted cabin land. However, improvements made by the permittee may not be included in the valuation. The department must pay Reclamation the amount of sale proceeds that exceed the costs of preparing the sale. Any amount paid to Reclamation for the land conveyed must be made available to Reclamation, subject to the availability of appropriations made in advance, for activities relating to the operation of the Dickinson Dam and Reservoir. (Sec. 3) Within five years, Reclamation must convey to North Dakota a game and fish headquarters currently leased by the North Dakota Game and Fish Department. The headquarters must continue to be used as a game and fish headquarters. (Sec. 4) The bill specifies that the conveyances made under this bill are subject to certain reservations, easements, and rights, including the requirements of the Pick-Sloan Missouri River Basin Program. The bill exempts the United States from liability for certain damages, including flood damage to property subject to a permit.