HR 8413 RDS
(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). 
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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, 
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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 
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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 
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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-
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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: 
KEVIN F. MCCUMBER, 
Clerk. 
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