SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Swanson and Hugh 
Butler Reservoirs Land Conveyances Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) FAIR
MARKET
VALUE.—The term ‘‘fair 
market value’’, with respect to a specified property 
right, means the most probable price, as of a speci-
fied date, in cash, terms equivalent to cash, or other 
precisely revealed terms, for which the specified 
property right should sell after reasonable exposure 
in a competitive market under all conditions req-
uisite for a fair sale, with the buyer and seller each 
acting prudently, knowledgeably, and in the self-in-
terest of the buyer or seller, as applicable, and as-
suming that the buyer and seller are not under 
undue duress. 
(2) FRONTIER COUNTY.—The term ‘‘Frontier 
County’’ means Frontier County, Nebraska, acting 
through the Board of Commissioners of Frontier 
County. 
(3) HITCHCOCK
COUNTY.—The term ‘‘Hitch-
cock County’’ means Hitchcock County, Nebraska, 
acting through the Board of Commissioners of 
Hitchcock County.
(4) HUGH
BUTLER
RESERVOIR.—The term 
‘‘Hugh Butler Reservoir’’ means the Hugh Butler 
Lake and Red Willow Dam constructed as part of 
the Pick-Sloan Missouri Basin Program, French-
man-Cambridge Division, as authorized by section 9 
of the Act of December 22, 1944 (commonly known 
as the ‘‘Flood Control Act of 1944’’) (58 Stat. 891, 
chapter 665). 
(5) LAKEVIEW
LODGE
MANAGEMENT
AGREE-
MENT.—The term ‘‘Lakeview Lodge Management 
Agreement’’ means the management agreement enti-
tled ‘‘Management Agreement between the Bureau 
of Reclamation, et al., for the Development, Oper-
ation, and Maintenance of a Concession Operation 
at Swanson Reservoir, Nebraska’’, numbered 23– 
LM–60–4160, and dated November 1, 2023. 
(6) LAKEVIEW LODGE PERMITTED CONCESSION 
LAND.—The term ‘‘Lakeview Lodge Permitted Con-
cession Land’’ means the approximately 21.5 acres 
of land and water for the operation of a public con-
cession at Swanson Reservoir, as generally depicted 
on the map prepared by the Bureau of Reclamation 
entitled ‘‘Lakeview Lodge Concession Boundary’’ 
and dated August 2023.
(7) RED WILLOW MANAGEMENT AGREEMENT.— 
The term ‘‘Red Willow Management Agreement’’ 
means the management agreement entitled ‘‘Man-
agement Agreement between the Bureau of Rec-
lamation, et al., for the Development, Management, 
Operation, and Maintenance of a Concession Oper-
ation at Hugh Butler Reservoir, Nebraska’’, num-
bered 24–LM–60–5155, and dated March 7, 2024. 
(8) RED WILLOW PERMITTED CABIN LAND.— 
The term ‘‘Red Willow Permitted Cabin Land’’ 
means the approximately 6.5 acres of land encom-
passing the 8 permitted cabin lots at the Hugh But-
ler Reservoir, as generally depicted on the map pre-
pared by the Bureau of Reclamation entitled ‘‘Red 
Willow Cabin Map’’ and dated March 2024. 
(9) RED
WILLOW
PERMITTED
CONCESSION 
LAND.—The term ‘‘Red Willow Permitted Conces-
sion Land’’ means the approximately 23 acres of 
land and water for the operation of a public service 
concession at the Hugh Butler Reservoir, as gen-
erally depicted on the map prepared by the Bureau 
of Reclamation entitled ‘‘Red Willow Concession 
Boundary’’ and dated August 2023. 
(10) REQUESTED FEDERAL LAND.—The term 
‘‘requested Federal land’’ means each of the fol-
lowing parcels of land, or any subset of those par-
cels, with respect to which a title transfer agreement 
is executed: 
(A) The Lakeview Lodge Permitted Con-
cession Land. 
(B) The Red Willow Permitted Cabin 
Land. 
(C) The Red Willow Permitted Concession 
Land. 
(D) The Swanson Permitted Cabin Land. 
(E) The Swanson Permitted Concession 
Land. 
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior, acting through 
the Commissioner of Reclamation. 
(12) STATE.—The term ‘‘State’’ means the 
State of Nebraska. 
(13) SWANSON
MANAGEMENT
AGREEMENT.— 
The term ‘‘Swanson Management Agreement’’ 
means the management agreement entitled ‘‘Man-
agement Agreement between the Bureau of Rec-
lamation, et al., for the Development, Management, 
Operation, and Maintenance of a Concession Oper-
ation at Swanson Reservoir, Nebraska’’, numbered 
24–LM–60–5154, and dated April 19, 2024.
(14) SWANSON PERMITTED CABIN LAND.—The 
term ‘‘Swanson Permitted Cabin Land’’ means the 
approximately 6.2 acres of land encompassing the 11 
permitted cabin lots at the Swanson Reservoir, as 
generally depicted on the map prepared by the Bu-
reau of Reclamation entitled ‘‘Swanson Cabin Map’’ 
and dated March 2024. 
(15) 
SWANSON
PERMITTED
CONCESSION 
LAND.—The term ‘‘Swanson Permitted Concession 
Land’’ means the approximately 20 acres of land 
and water for the operation of a public service con-
cession at the Swanson Reservoir, as generally de-
picted on the map prepared by the Bureau of Rec-
lamation entitled ‘‘Swanson Concession Boundary’’ 
and dated August 2023. 
(16) SWANSON RESERVOIR.—The term ‘‘Swan-
son Reservoir’’ means the Swanson Reservoir and 
Trenton Dam constructed as part of the Pick-Sloan 
Missouri Basin Program, Frenchman-Cambridge Di-
vision, as authorized by section 9 of the Act of De-
cember 22, 1944 (commonly known as the ‘‘Flood 
Control Act of 1944’’) (58 Stat. 891, chapter 665). 
(17) TITLE TRANSFER AGREEMENT.—The term 
‘‘title transfer agreement’’ means a title transfer 
agreement entered into under section 3(a)(1) be-
tween the Secretary and Frontier County or Hitch-
cock County, as applicable, that establishes the legal, 
institutional, and financial terms for the conveyance 
of the applicable requested Federal land. 
SEC. 3. CONVEYANCES OF FEDERAL LAND TO HITCHCOCK 
COUNTY AND FRONTIER COUNTY, NEBRASKA. 
(a) CONVEYANCES
TO HITCHCOCK COUNTY
AND 
FRONTIER COUNTY.— 
(1) TITLE TRANSFER AGREEMENT.—Subject to 
paragraphs (2) and (5) and sections 4 and 5, not 
later than 3 years after the date of enactment of 
this Act, the Secretary shall make good faith efforts 
to enter into negotiations for, and enter into, title 
transfer agreements with each of Hitchcock County 
and Frontier County— 
(A) under which the Secretary shall convey 
to Hitchcock County or Frontier County, as ap-
plicable, all requested right, title, and interest 
of the United States in and to the applicable re-
quested Federal land; 
(B) that provides that, as a condition of 
the conveyance, the applicable requested Fed-
eral land— 
(i) shall be conveyed in whole; and 
(ii) shall not be subdivided; and
(C) that provides a plan for— 
(i) a demonstration of— 
(I) the technical capability of 
Hitchcock County or Frontier County, 
as applicable, to operate and maintain 
the applicable requested Federal land 
permanently; and 
(II) the ability of Hitchcock 
County or Frontier County, as appli-
cable, to satisfy financial obligations 
relating to the applicable requested 
Federal land; and 
(ii) the management by Hitchcock 
County or Frontier County, as applicable, 
of the applicable requested Federal land to 
be conveyed in accordance with the appli-
cable title transfer agreement, including 
addressing any issues to ensure compliance 
with applicable State fire, safety, and 
health codes and standards not later than 
2 years after the date of the applicable 
conveyance. 
(2) REQUIREMENT.—Notwithstanding section 
8002(3)(B) of the John D. Dingell, Jr. Conserva-
tion, Management, and Recreation Act (43 U.S.C.
2902(3)(B)), the Secretary shall negotiate the title 
transfer agreement under paragraph (1) in accord-
ance with the criteria, terms, and conditions de-
scribed in subtitle A of title VIII of that Act (43 
U.S.C. 2901 et seq.). 
(3) OFFER TO CONVEY.—As soon as practicable 
after the date on which a title transfer agreement is 
entered into pursuant to paragraph (1), the Sec-
retary shall offer to convey to Hitchcock County or 
Frontier County, as applicable, all right, title, and 
interest of the United States in and to the applicable 
requested Federal land, in accordance with the 
terms and conditions described in the applicable title 
transfer agreement. 
(4) COSTS.— 
(A) CONSIDERATION.— 
(i) IN
GENERAL.—As consideration 
for the conveyance of the applicable re-
quested Federal land under paragraph (3), 
Hitchcock County or Frontier County, as 
applicable, shall pay to the Secretary, for 
use in accordance with clause (iii), an 
amount equal to the fair market value of 
the applicable requested Federal land, as 
determined by an appraisal conducted—
(I) in accordance with clause (ii); 
(II) by a third-party appraiser 
approved by the Secretary; and 
(III) subject to the management 
requirements under paragraph (5) 
and section 4. 
(ii) APPRAISAL REQUIREMENTS.— 
(I) IN GENERAL.—An appraisal 
under clause (i) shall be conducted in 
accordance with the Uniform Stand-
ards of Professional Appraisal Prac-
tice. 
(II) IMPROVEMENTS.—For pur-
poses of clause (i), any improvements 
to the applicable requested Federal 
land made by a permit holder shall 
not be included in the appraised value 
of the applicable requested Federal 
land. 
(III) 
RESOLUTION
OF
DIS-
PUTE.—Any dispute over the fair 
market value of the applicable re-
quested Federal land under an ap-
praisal conducted under clause (i) 
shall be resolved in accordance with
section 2201.4 of title 43, Code of 
Federal Regulations (or a successor 
regulation). 
(IV) CONSIDERATION
OF
REVE-
NUES.—An appraisal under clause (i) 
shall take into consideration any fu-
ture income stream that the United 
States would have derived from the 
applicable requested Federal land at 
the time of the conveyance, including 
revenues to the United States— 
(aa) from existing water 
service and repayment contracts; 
(bb) from known or reason-
ably foreseeable new contracts or 
renewals; 
(cc) as aid to irrigation; and 
(dd) from any other author-
ized source. 
(iii) 
USE.—Amounts 
paid 
under 
clause (i) shall be available to the Sec-
retary, subject to further appropriation, for 
activities relating to the operation of the 
Hugh Butler Reservoir and Swanson Res-
ervoir.
(B) CONVEYANCE COSTS.—As a condition 
of a conveyance under paragraph (3), Hitchcock 
County or Frontier County, as applicable, shall 
be responsible for paying, in advance of the 
conveyance of the applicable requested Federal 
land, all survey and other administrative costs, 
as determined to be necessary by the Secretary, 
for the preparation and completion of transfer 
of title to, the applicable requested Federal 
land. 
(5) MANAGEMENT.—Hitchcock County and 
Frontier County shall each manage the applicable 
requested Federal land conveyed to Hitchcock Coun-
ty or Frontier County, as applicable, under para-
graph (3)— 
(A) for substantially the same purposes for 
which the applicable requested Federal land is 
being used as of the date of enactment of this 
Act; or 
(B) for— 
(i) recreation and public purposes con-
sistent with the Act of June 14, 1926 
(commonly known as the ‘‘Recreation and 
Public Purposes Act’’) (44 Stat. 741, 
chapter 578; 43 U.S.C. 869 et seq.);
(ii) public access; 
(iii) fish and wildlife habitat; or 
(iv) the preservation of the natural 
character of the applicable requested Fed-
eral land. 
(b) SUBSEQUENT
CONVEYANCE
OF
REQUESTED 
FEDERAL LAND.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), on completion of a conveyance to Hitch-
cock County or Frontier County, as applicable, of 
the applicable requested Federal land under sub-
section (a), Hitchcock County or Frontier County, 
as applicable, may not subsequently reconvey the ap-
plicable requested Federal land. 
(2) EXCEPTIONS.—Notwithstanding paragraph 
(1), Hitchcock County or Frontier County, as appli-
cable, may subsequently convey the applicable re-
quested Federal land if— 
(A) the applicable requested Federal land 
is reconveyed, at no cost, to an entity located 
in the State that is recognized by the State as 
a publicly owned or governmental organization, 
including— 
(i) a State agency;
(ii) a county, city, village, or township 
in, or political subdivision of, the State; 
(iii) a natural resource district; and 
(iv) an irrigation or reclamation dis-
trict; 
(B) Hitchcock County or Frontier County, 
as applicable, has demonstrated an impending 
adverse impact if the applicable requested Fed-
eral land is not reconveyed; 
(C) the entity to which the applicable re-
quested Federal land would be reconveyed has 
the capacity to continue to manage the applica-
ble requested Federal land for the same pur-
poses for which the applicable requested Fed-
eral land has been managed as of the date of 
enactment of this Act; and 
(D) the applicable requested Federal land 
to be reconveyed would continue to be available 
for public access. 
(3) FUTURE
CONVEYANCES.—A subsequent 
conveyance of requested Federal land shall be sub-
ject to the requirements of this subsection and sub-
section (a)(5).
SEC. 4. EFFECT ON RESERVATIONS, EASEMENTS, AND 
OTHER RIGHTS. 
(a) IN GENERAL.—A conveyance under section 3(a) 
shall be subject to— 
(1) valid existing rights; 
(2) operational requirements of the Pick-Sloan 
Missouri River Basin Program authorized by section 
9 of the Act of December 22, 1944 (commonly 
known as the ‘‘Flood Control Act of 1944’’) (58 
Stat. 891, chapter 665), including Swanson Res-
ervoir and Hugh Butler Reservoir; 
(3) any flowage easement reserved by the 
United States to allow full operation of the Swanson 
Reservoir and Hugh Butler Reservoir, as applicable, 
for authorized purposes; 
(4) any applicable reservations described in the 
Lakeview Lodge Management Agreement, Red Wil-
low Management Agreement, or Swanson Manage-
ment Agreement, as applicable; 
(5) 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; 
(6) any permit, license, lease, right-of-use, flow-
age easement, or right-of-way of record in, on, over, 
or across the applicable requested Federal land,
whether owned by the United States or a third 
party, as of the date of enactment of this Act; 
(7) as applicable, a deed restriction that pro-
hibits building any new permanent structure on the 
applicable requested Federal land below an elevation 
of— 
(A) 2,785 feet at Swanson Reservoir; or 
(B) 2,628 feet at Hugh Butler Reservoir; 
and 
(8) the granting of applicable easements for— 
(A) vehicular access to the applicable re-
quested Federal land; and 
(B) access to, and use of, all docks, boat-
houses, ramps, retaining walls, and other im-
provements for which access is provided in a 
permit for the use of the applicable requested 
Federal land as of the date of enactment of this 
Act. 
(b) LIABILITY; TAKING.— 
(1) LIABILITY.—The United States shall not be 
liable for flood damage to a property, Hitchcock 
County, or Frontier County, or for damages arising 
out of any act, omission, or occurrence relating to a 
permit holder, Hitchcock County, or Frontier Coun-
ty, 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) 
HOLD
HARMLESS.—Hitchcock 
County, 
Frontier County, and any entity to which requested 
Federal land is subsequently conveyed pursuant to 
section 3(b)(2) shall agree to indemnify and hold 
harmless the Unites States for all claims by Hitch-
cock County, Frontier County, or others arising 
from— 
(A) the design, construction, operation, 
maintenance, or replacement of Red Willow 
Dam, Hugh Butler Reservoir, Trenton Dam, or 
Swanson Reservoir; 
(B) the survey of claims, description of 
claims, delineation of boundaries, conveyance 
documents, conveyance process, and recording 
of deeds associated with a conveyance under 
this Act; or 
(C) any damages associated with a struc-
ture or land that may be displaced in a flood 
event. 
(3) NO
ADDITIONAL
LIABILITY.—Nothing in 
this Act increases the liability of the United States 
beyond the liability provided under chapter 171 of
title 28, United States Code (commonly known as 
the ‘‘Federal Tort Claims Act’’). 
(4) TAKING.—Any temporary flooding or flood 
damage to a property, Hitchcock County, or Fron-
tier County, shall not be considered to be a taking 
by the United States. 
SEC. 5. INTERIM REQUIREMENTS. 
(a) IN GENERAL.—During the period beginning on 
the date of enactment of this Act and ending on the date 
that is the later of the date that is 3 years after the date 
of enactment of this Act or the date of conveyance of the 
applicable requested Federal land under section 3(a), the 
provisions of the Lakeview Lodge Management Agree-
ment, Red Willow Management Agreement, and Swanson 
Management Agreement, as applicable, and any applicable 
permits, shall remain in force and effect. 
(b) EFFECT OF FAILURE TO ENTER INTO TITLE 
TRANSFER AGREEMENT.—If, by the date that is 3 years 
after the date of enactment of this Act, Hitchcock County 
or Frontier County, as applicable, have not entered into 
a title transfer agreement with the Secretary under section 
3(a)(1), the Secretary shall manage any of the Lakeview 
Lodge Permitted Concession Land, the Red Willow Per-
mitted Cabin Land, the Red Willow Permitted Concession 
Land, the Swanson Permitted Cabin Land, and the Swan-
son Permitted Concession Land, as applicable, that is not 
subject to a title transfer agreement in accordance with 
applicable law. 
Passed the House of Representatives December 5, 
2024. 
Attest: 
Clerk.
118TH CONGRESS 
2D SESSION 
H. R. 8413 
AN ACT 
To provide for the conveyance of certain Federal 
land at Swanson Reservoir and Hugh Butler 
Reservoir in the State of Nebraska, and for other 
purposes.