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.

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. Jamestown Reservoir land conveyances (a) Definitions In this section: (1) Board The term Board (2) Federal land The term Federal land (A) associated with the Jamestown Reservoir; (B) managed by, or subject to a permit of— (i) the Board; (ii) the State; or (iii) a permittee; and (C) as generally described in the management agreement numbered 15–LM–60–2255 and entitled Management Agreement between the Bureau of Reclamation, et al., and the Stutsman County Park Board for the Development, Management, Operation, and Maintenance of Lands and Recreation Facilities at Jamestown Reservoir (3) Jamestown Reservoir The term Jamestown Reservoir Flood Control Act of 1944 (4) Permittee The term permittee (5) Property The term property (6) Secretary The term Secretary (7) State The term State (b) Purchase of property by permittee; transfers to Board and State (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 Board 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 the Secretary— (i) using a local, third-party appraiser; (ii) in accordance with— (I) the Uniform Standards of Professional Appraisal Practice; and (II) the Uniform Appraisal Standards for Federal Land Acquisition; (iii) to the extent appropriate in accordance with the valuation policy of the Department of the Interior; and (iv) 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 the operational requirements of the Jamestown Reservoir; and (ii) sole use, perpetual easements for— (I) vehicular access to the property; (II) access to, and use of, one or more docks for the property; (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; and (IV) access to water for irrigation with a water service contract. (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 5 years after that date of enactment. (4) Transfers to Board and State (A) Failure to purchase (i) In general If a permittee fails to exercise the option to purchase a property under paragraph (3) by the date that is 5 years after the date of enactment of this Act, the Secretary shall transfer the property to the Board, subject to clause (ii), without cost. (ii) Sale by Board of transferred property If the Board sells or enters into one or more agreements to sell a property transferred under clause (i) during the 3-year period beginning on the date of the transfer, the Board shall pay to the Secretary all proceeds of the sale that are in excess of the costs of the Board. (B) Certain other land Effective beginning on the date that is 5 years after the date of enactment of this Act, the Secretary shall transfer— (i) to the Board, without cost, Federal land managed by the Board as of that date of enactment, on which no cabin is located; and (ii) to the State, without cost, land leased by the State as of that date of enactment. (c) Oil, gas, mineral, and other outstanding rights Each conveyance to a permittee, and each transfer to the Board or State, 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, the United States or a third party; (2) any permit, license, lease, right-of-use, flowage easement, or right-of-way of record in, on, over, or across the applicable property or Federal land, whether owned by the United States or a third party, as of the date of enactment of this Act; (3) any reversion back to the United States of land (other than land described in subsection (b)(4)(A)(i) or land transferred under subsection (b)(4)(B)(i) that is designated by the Secretary as a recreation area as of the date of enactment of this Act) transferred to the Board or State under subsection (b), if the applicable property is no longer used for the purpose of public access or recreation; and (4) any flowage easement reserved by the United States to allow full operation of Jamestown Reservoir for authorized purposes. (d) Liability; taking (1) Liability The United States shall not be liable for flood damage to the property of a permittee, the Board, or the State, 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 property of a permittee, the Board, or the State, 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 management agreement referred to in subsection (a)(2)(C) that are applicable to the property or land, or to leases between the State and the Secretary, shall remain in force and effect. (2) Legal descriptions Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the Board and the State, shall provide to the Board, the State, and each applicable permittee 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 a flood pool elevation of 1,454 feet; and (B) if a permittee builds a structure described in subparagraph (A), the property of the permittee shall revert to the Board. (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, including any costs of carrying out subsections (b)(2)(A) and (e)(2); and (2) deferred maintenance activities relating to the operation of the dam in the Jamestown Reservoir.

Summary: (Sec. 2) This bill directs the Bureau of Reclamation, within five years, to convey certain recreation land and permitted cabin land around the Jamestown Reservoir to the Stutsman County Park Board in Jamestown, North Dakota. The board must pay administrative costs related to the conveyance, but no other costs. The board 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 board 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 board 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 board 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 board 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 Jamestown 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.