I 
114TH CONGRESS 
2D SESSION 
H. R. 6235 
A bill to transfer certain land from the Secretary of the Army, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 28, 2016 
Mr. CRAMER introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
A bill to transfer certain land from the Secretary of the 
Army, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. LAND TRANSFER. 
(a) IN GENERAL.—Subject to subsection (d), the Sec-
retary of the Army shall transfer the land described in 
subsection (b) to the Secretary of the Interior to be held 
in trust for the benefit of the Tribe, and subsection (c) 
to the State of North Dakota. 
(b) STANDING ROCK LAND TRANSFER.— 
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(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of 
the Army shall transfer the covered property to the 
Secretary of the Interior to be held in trust for the 
benefit of the Tribe. 
(2) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
(A) COVERED PROPERTY.—The term ‘‘cov-
ered property’’ means all the property— 
(i) within the exterior boundaries of 
the Reservation within the State of North 
Dakota; 
(ii) acquired by the United States for 
the Oahe Dam and Reservoir Project pur-
suant to Public Law 85–915 (72 Stat. 
1762); 
(iii) located above the top of the exclu-
sive flood pool of the Oahe Dam and Res-
ervoir Project, as determined by the Sec-
retary of the Army; and 
(iv) under the administrative control 
of the Corps of Engineers. 
(B) RESERVATION.—The term ‘‘Reserva-
tion’’ means the Standing Rock Indian Reserva-
tion. 
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(C) TRIBE.—The term ‘‘Tribe’’ means the 
Standing Rock Sioux Tribe of North and South 
Dakota. 
(c) TRANSFER OF PROPERTY TO NORTH DAKOTA.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of 
the Army shall convey to the State of North Dakota 
all right, title, and interest of the United States in 
and to the covered property. 
(2) DEFINITION OF COVERED PROPERTY.—In 
this subsection, the term ‘‘covered property’’ means 
all property— 
(A) in Burleigh County, Emmons County, 
or Morton County in the State of North Da-
kota; 
(B) acquired by the United States for the 
Oahe Dam and Reservoir Project pursuant to 
Public Law 85–915 (72 Stat. 1762); 
(C) located above the top of the exclusive 
flood pool of the Oahe Dam and Reservoir 
Project, as determined by the Secretary of the 
Army; and 
(D) under the administrative control of the 
Corps of Engineers. 
(d) CONDITIONS OF TRANSFER.— 
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(1) AUTHORIZED PURPOSES.—The transfer of 
land under this section shall not interfere with any 
of the authorized purposes of the Oahe Dam and 
Reservoir Project, any project of the Pick-Sloan Mis-
souri River Basin Program, or any applicable law. 
(2) DEFINITION
OF
PICK-SLOAN
MISSOURI 
RIVER BASIN PROGRAM.—For purposes of this sub-
section, the term ‘‘Pick-Sloan Missouri River Basin 
Program’’ means the Pick-Sloan Missouri River 
Basin Program (authorized by section 9 of the Flood 
Control Act of 1944) (58 Stat. 891, chapter 665). 
(3) DAMAGE
TO
LAND.—The United States 
shall not be responsible for any damage to the trans-
ferred land caused by flooding, sloughing, erosion, or 
any other change to the transferred land as a result 
of the operation of the Oahe Dam and Reservoir 
Project or any project of the Pick-Sloan Missouri 
River Basin Programs. 
(4) RETAINED RIGHTS.—The Secretary of the 
Army shall retain the right to inundate with water 
or cause erosion to the transferred lands, as nec-
essary for the operation of the Oahe Dam and Res-
ervoir Project or any project of the Pick-Sloan Mis-
souri River Basin Programs. 
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(5) RETAINED
PROPERTY
INTERESTS.—Not-
withstanding subsections (b) and (c), the Secretary 
of the Army shall retain any land, structures, ease-
ments or other property interests necessary to carry 
out authorized purposes of the Oahe Dam and Res-
ervoir Project or any project of the Pick-Sloan Mis-
souri River Basin Programs. 
(6) OTHER
TERMS
AND
CONDITIONS.—The 
transfer of land under this section shall be subject 
to any other term or condition that the Secretary of 
the Army determines to be appropriate to ensure the 
continued operation of the Oahe Dam and Reservoir 
or of any project of the Pick-Sloan Missouri River 
Basin Program. 
(7) EXISTING RIGHTS AND INTERESTS.—Noth-
ing in this Act deprives any person of any easement, 
leasehold, or other right of interest that, as of the 
date of enactment of this Act, the person may have 
in the land to be transferred. 
(e) MAP.— 
(1) IN GENERAL.—The Secretary of the Army 
shall prepare a map of the land transferred under 
this section. 
(2) LAND.—The map shall identify— 
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(A) land reasonably expected to be re-
quired for project purposes during the 20-year 
period beginning on the date of enactment of 
this Act; and 
(B) dams and related structure which will 
be retained by the Secretary of the Army. 
(3) AVAILABILITY.—The map shall be on file in 
the appropriate offices of the Secretary. 
(f) COSTS.—The Standing Rock Sioux Tribe shall be 
responsible for the payment of all costs and administrative 
expenses associated with the transfer authorized by sub-
section (b) and the State of North Dakota shall be respon-
sible for the payment of all costs and administrative ex-
penses associated with the transfer authorized by sub-
section (c), including costs of survey compliance with the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) and any coordination necessary with respect 
to requirements related to endangered species, cultural re-
sources, and clean air. 
Æ 
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