I 
118TH CONGRESS 
2D SESSION 
H. R. 8413 
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. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 15, 2024 
Mr. SMITH of Nebraska (for himself, Mr. FLOOD, Mr. BACON, and Mr. 
MANN) introduced the following bill; which was referred to the Committee 
on Natural Resources 
A BILL 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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 
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
right, means the most probable price, as of a speci-
fied date, in cash, terms equivalent to cash, or other 
precisely revealed terms, for which the specified 
property right should sell after reasonable exposure 
in a competitive market under all conditions req-
uisite for a fair sale, with the buyer and seller each 
acting prudently, knowledgeably, and in the self-in-
terest of the buyer or seller, as applicable, and as-
suming that the buyer and seller are not under 
undue duress. 
(2) FRONTIER COUNTY.—The term ‘‘Frontier 
County’’ means Frontier County, Nebraska, acting 
through the Board of Commissioners of Frontier 
County. 
(3) HITCHCOCK
COUNTY.—The term ‘‘Hitch-
cock County’’ means Hitchcock County, Nebraska, 
acting through the Board of Commissioners of 
Hitchcock County. 
(4) HUGH
BUTLER
RESERVOIR.—The term 
‘‘Hugh Butler Reservoir’’ means the Hugh Butler 
Lake and Red Willow Dam constructed as part of 
the Pick-Sloan Missouri Basin Program, French-
man-Cambridge Division, as authorized by section 9 
of the Act of December 22, 1944 (commonly known 
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
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’’, numbered 23–LM–60–4160, 
and dated March 1, 2022. 
(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— 
(A) located in the NE1⁄4NE1⁄4 sec. 9, T. 2 
N., R. 34 W., sixth principal meridian; 
(B) as generally depicted on the map pre-
pared by the Bureau of Reclamation entitled 
‘‘Lakeview Lodge Concession Boundary’’ and 
dated August 2023; and 
(C) as further defined by a land survey, as 
the Secretary determines to be appropriate. 
(7) PROPERTY.—The term ‘‘property’’ means 
any cabin or trailer site— 
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(A) with respect to which a permit is in ef-
fect on the date of enactment of this Act; and 
(B) that is located on— 
(i) the Lakeview Lodge Permitted 
Concession Land; 
(ii) the Red Willow Permitted Cabin 
Land; 
(iii) the Red Willow Permitted Con-
cession Land; 
(iv) the Swanson Permitted Cabin 
Land; or 
(v) the Swanson Permitted Concession 
Land. 
(8) RED WILLOW MANAGEMENT AGREEMENT.— 
The term ‘‘Red Willow Management Agreement’’ 
means the management agreement entitled ‘‘Man-
agement Agreement between the Bureau of Rec-
lamation, et al., for the Development, Management, 
Operation, and Maintenance of a Concession Oper-
ation at Hugh Butler Reservoir’’, numbered 24– 
LM–60–5155, and dated May 1, 2024. 
(9) RED WILLOW PERMITTED CABIN LAND.— 
The term ‘‘Red Willow Permitted Cabin Land’’ 
means the approximately 6.5 acres of land encom-
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
passing the 8 permitted cabin lots at the Hugh But-
ler Reservoir— 
(A) located in the S1⁄2 sec. 35, T. 5 N., R. 
30 W., sixth principal meridian; 
(B) as generally depicted on the map pre-
pared by the Bureau of Reclamation entitled 
‘‘Red Willow Cabin Map’’ and dated March 
2024; and 
(C) as further defined by a land survey, as 
the Secretary determines to be appropriate. 
(10) 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— 
(A) located in the E1⁄2 sec. 25, T. 5 N., R. 
30 W., sixth principal meridian; 
(B) as generally depicted on the map pre-
pared by the Bureau of Reclamation entitled 
‘‘Red Willow Concession Boundary’’ and dated 
August 2023; and 
(C) as further defined by a land survey, as 
the Secretary determines to be appropriate. 
(11) REQUESTED FEDERAL LAND.—The term 
‘‘requested Federal land’’ means each of the fol-
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
lowing parcels of land, or any subset of those par-
cels, with respect to which a title transfer agreement 
is executed: 
(A) The Lakeview Lodge Permitted Con-
cession Land. 
(B) The Red Willow Permitted Cabin 
Land. 
(C) The Red Willow Permitted Concession 
Land. 
(D) The Swanson Permitted Cabin Land. 
(E) The Swanson Permitted Concession 
Land. 
(12) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior, acting through 
the Commissioner of Reclamation. 
(13) STATE.—The term ‘‘State’’ means the 
State of Nebraska. 
(14) SWANSON
MANAGEMENT
AGREEMENT.— 
The term ‘‘Swanson Management Agreement’’ 
means the management agreement entitled ‘‘Man-
agement Agreement between the Bureau of Rec-
lamation, et al., for the Development, Management, 
Operation, and Maintenance of Concession Oper-
ation at Swanson Reservoir’’, numbered 23–LM–60– 
4170, and dated May 1, 2023. 
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(15) 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— 
(A) located in the N1⁄2 sec. 18, S1⁄2 sec. 7, 
T. 2 N., R. 33 W., sixth principal meridian; 
(B) as generally depicted on the map pre-
pared by the Bureau of Reclamation entitled 
‘‘Swanson Cabin Map’’ and dated March 2024; 
and 
(C) as further defined by a land survey, as 
the Secretary determines to be appropriate. 
(16) 
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— 
(A) located in the N1⁄2 sec. 17, T. 2 N., R. 
33 W., sixth principal meridian; 
(B) as generally depicted on the map pre-
pared by the Bureau of Reclamation entitled 
‘‘Swanson Concession Boundary’’ and dated 
August 2023; and 
(C) as further defined by a land survey, as 
the Secretary determines to be appropriate. 
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(17) SWANSON RESERVOIR.—The term ‘‘Swan-
son Reservoir’’ means the Swanson Reservoir and 
Trenton Dam constructed as part of the Pick-Sloan 
Missouri Basin Program, Frenchman-Cambridge Di-
vision, as authorized by section 9 of the Act of De-
cember 22, 1944 (commonly known as the ‘‘Flood 
Control Act of 1944’’) (58 Stat. 891, chapter 665). 
(18) TITLE TRANSFER AGREEMENT.—The term 
‘‘title transfer agreement’’ means a title transfer 
agreement between the Secretary and Frontier 
County or Hitchcock County, as applicable, entered 
into pursuant to a memorandum of agreement to de-
termine the legal, institutional, and financial terms 
for the conveyance of the Lakeview Lodge Permitted 
Concession Land, Red Willow Permitted Cabin 
Land, Red Willow Permitted Concession Land, 
Swanson Permitted Cabin Land, or Swanson Per-
mitted Concession Land, as applicable. 
SEC. 3. CONVEYANCES OF FEDERAL LAND TO HITCHCOCK 
COUNTY AND FRONTIER COUNTY, NEBRASKA. 
(a) CONVEYANCE TO HITCHCOCK COUNTY.— 
(1) TITLE TRANSFER AGREEMENT.—Subject to 
paragraphs (2) and (6) and sections 4 and 5, not 
later than 3 years after the date of enactment of 
this Act, the Secretary shall enter into good faith 
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
negotiations to enter into a title transfer agreement 
with Hitchcock County under which the Secretary 
shall convey to Hitchcock County all requested right, 
title, and interest of the United States in and to the 
Swanson Permitted Cabin Land, the Swanson Per-
mitted Concession Land, or the Lakeview Lodge 
Permitted Concession Land, as applicable. 
(2) PROHIBITION
ON
SUBDIVISION.—A title 
transfer agreement entered into pursuant to para-
graph (1) shall be subject to the condition that the 
Swanson Permitted Cabin Land, the Swanson Per-
mitted Concession Land, or the Lakeview Lodge 
Permitted Concession Land, as applicable— 
(A) shall be conveyed in whole; and 
(B) shall not be subdivided. 
(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 all 
right, title, and interest of the United States in and 
to the Swanson Permitted Cabin Land, the Swanson 
Permitted Concession Land, or the Lakeview Lodge 
Permitted Concession Land, as applicable, in accord-
ance with paragraph (2) and the terms and condi-
tions described in the title transfer agreement. 
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(4) MEMORANDUM OF AGREEMENT.— 
(A) IN GENERAL.—As soon as practicable 
after the date of enactment of this Act, the Sec-
retary shall enter into a memorandum of agree-
ment with Hitchcock County to establish and 
define the roles and responsibilities for actions 
required to convey to Hitchcock County the 
Swanson Permitted Cabin Land, Swanson Per-
mitted Concession Land, or Lakeview Lodge 
Permitted Concession Land, as applicable, in 
accordance with the title transfer agreement. 
(B) REQUIREMENT.—The memorandum of 
agreement entered into under subparagraph (A) 
shall include the establishment of a plan for— 
(i) the demonstration by Hitchcock 
County of— 
(I) the technical capability of 
Hitchcock County to operate and 
maintain 
the 
Swanson 
Permitted 
Cabin Land, Swanson Permitted Con-
cession Land, or Lakeview Lodge Per-
mitted Concession Land, as applica-
ble, permanently; and 
(II) the ability of Hitchcock 
County to satisfy financial obligations 
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
relating to the Swanson Permitted 
Cabin Land, Swanson Permitted Con-
cession Land, or Lakeview Lodge Per-
mitted Concession Land, as applica-
ble; and 
(ii) the management by Hitchcock 
County of the Swanson Permitted Cabin 
Land, 
Swanson 
Permitted 
Concession 
Land, or Lakeview Lodge Permitted Con-
cession Land, as applicable, to be conveyed 
in accordance with the memorandum of 
agreement, including addressing any issues 
to ensure compliance with applicable State 
fire, safety, and health codes and stand-
ards not later than 2 years after the date 
of the applicable conveyance. 
(5) COSTS.— 
(A) CONSIDERATION.— 
(i) IN
GENERAL.—As consideration 
for the conveyance of the Swanson Per-
mitted Cabin Land, Swanson Permitted 
Concession Land, or Lakeview Lodge Per-
mitted Concession Land, as applicable, 
under paragraph (1), Hitchcock County 
shall provide compensation to the reclama-
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
tion fund established by the first section of 
the Act of June 17, 1902 (32 Stat. 388, 
chapter 1093), in an amount equal to the 
fair market value of the Swanson Per-
mitted Cabin Land, Swanson Permitted 
Concession Land, or Lakeview Lodge Per-
mitted Concession Land, respectively, as 
determined by an appraisal conducted— 
(I) in accordance with clause (ii); 
(II) by a third-party appraiser 
approved by the Secretary; and 
(III) subject to the management 
requirements under paragraph (6) 
and section 4. 
(ii) APPRAISAL REQUIREMENTS.— 
(I) IN GENERAL.—An appraisal 
under clause (i) shall be conducted in 
accordance with the Uniform Stand-
ards of Professional Appraisal Prac-
tice. 
(II) EXCLUSION.—For purposes 
of clause (i), any improvements to the 
Swanson Permitted Cabin Land, the 
Swanson Permitted Concession Land, 
or the Lakeview Lodge Permitted 
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
Concession Land, as applicable, made 
by a permit holder shall not be in-
cluded in the appraised value of the 
Swanson 
Permitted 
Cabin 
Land, 
Swanson Permitted Concession Land, 
or Lakeview Lodge Permitted Conces-
sion Land, respectively. 
(III) 
RESOLUTION
OF
DIS-
PUTE.—Any dispute over the fair 
market value of the Swanson Per-
mitted Cabin Land, the Swanson Per-
mitted 
Concession 
Land, 
or 
the 
Lakeview Lodge Permitted Concession 
Land under an appraisal 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 
Swanson Permitted Cabin Land, the 
Swanson Permitted Concession Land, 
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
or the Lakeview Lodge Permitted 
Concession Land, as applicable, at the 
time of the conveyance, including rev-
enues to the United States— 
(aa) from existing water 
service and repayment contracts; 
(bb) from known or reason-
ably foreseeable new contracts or 
renewals; 
(cc) as aid to irrigation; and 
(dd) from any other author-
ized source. 
(B) CONVEYANCE COSTS.— 
(i) IN GENERAL.—Hitchcock County 
shall be responsible for paying, in advance 
of the conveyance of the Swanson Per-
mitted Cabin Land, Swanson Permitted 
Concession Land, or Lakeview Lodge Per-
mitted Concession Land, as applicable, 
under paragraph (1), the estimated costs 
associated with the conveyance, as deter-
mined by the Secretary. 
(ii) INCLUSIONS.—Conveyance costs 
under clause (i) may include— 
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(I) any transaction, survey, and 
administrative costs necessary for the 
preparation and completion of trans-
fer of title; 
(II) the costs of legal instru-
ments and deeds; 
(III) the costs of compliance with 
the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) 
and other applicable Federal laws; 
and 
(IV) the costs of any other con-
veyance procedures determined to be 
necessary by the Secretary. 
(6) MANAGEMENT.—Hitchcock County shall 
manage the Swanson Permitted Cabin Land, the 
Swanson Permitted Concession Land, or the 
Lakeview Lodge Permitted Concession Land, as ap-
plicable, conveyed under paragraph (1)— 
(A) for substantially the same purposes for 
which the Swanson Permitted Cabin Land, 
Swanson 
Permitted 
Concession 
Land, 
or 
Lakeview Lodge Permitted Concession Land, 
respectively, is being used as of the date of en-
actment of this Act; or 
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(B) for— 
(i) recreation and public purposes con-
sistent with the Act of June 14, 1926 
(commonly known as the ‘‘Recreation and 
Public Purposes Act’’) (44 Stat. 741, 
chapter 578; 43 U.S.C. 869 et seq.); 
(ii) public access; 
(iii) fish and wildlife habitat; or 
(iv) the preservation of the natural 
character of the Swanson Permitted Cabin 
Land, 
Swanson 
Permitted 
Concession 
Land, or Lakeview Lodge Permitted Con-
cession Land, respectively. 
(b) CONVEYANCE TO FRONTIER COUNTY.— 
(1) TITLE TRANSFER AGREEMENT.—Subject to 
paragraphs (2) and (6) and sections 4 and 5, not 
later than 3 years after the date of enactment of 
this Act, the Secretary shall enter into good faith 
negotiations to enter into a title transfer agreement 
with Frontier County under which the Secretary 
shall convey to Frontier County all requested right, 
title, and interest of the United States in and to the 
Red Willow Permitted Cabin Land or the Red Wil-
low Permitted Concession Land, as applicable. 
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(2) PROHIBITION
ON
SUBDIVISION.—A title 
transfer agreement entered into pursuant to para-
graph (1) shall be subject to the condition that the 
Red Willow Permitted Cabin Land or the Red Wil-
low Permitted Concession Land, as applicable— 
(A) shall be conveyed in whole; and 
(B) shall not be subdivided. 
(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 Frontier County all 
right, title, and interest of the United States in and 
to the Red Willow Permitted Cabin Land or the Red 
Willow Permitted Concession Land, as applicable, in 
accordance with paragraph (2) and the terms and 
conditions described in the title transfer agreement. 
(4) MEMORANDUM OF AGREEMENT.— 
(A) IN GENERAL.—As soon as practicable 
after the date of enactment of this Act, the Sec-
retary shall enter into a memorandum of agree-
ment with Frontier County to establish and de-
fine the roles and responsibilities for actions re-
quired to convey to Frontier County the Red 
Willow Permitted Cabin Land or Red Willow 
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
Permitted Concession Land, as applicable, in 
accordance with the title transfer agreement. 
(B) REQUIREMENT.—The memorandum of 
agreement entered into under subparagraph (A) 
shall include the establishment of a plan for— 
(i) the demonstration by Frontier 
County of— 
(I) the technical capability of 
Frontier County to operate and main-
tain the Red Willow Permitted Cabin 
Land or Red Willow Permitted Con-
cession Land, as applicable, perma-
nently; and 
(II) the ability of Frontier Coun-
ty to satisfy financial obligations re-
lating to the Red Willow Permitted 
Cabin Land or Red Willow Permitted 
Concession Land, as applicable; and 
(ii) the management by Frontier 
County of the Red Willow Permitted Cabin 
Land or Red Willow Permitted Concession 
Land, as applicable, to be conveyed in ac-
cordance with the memorandum of agree-
ment, including addressing any issues to 
ensure compliance with applicable State 
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
fire, safety, and health codes and stand-
ards not later than 2 years after the date 
of the conveyance. 
(5) COSTS.— 
(A) CONSIDERATION.— 
(i) IN
GENERAL.—As consideration 
for the conveyance of the Red Willow Per-
mitted Cabin Land or Red Willow Per-
mitted Concession Land, as applicable, 
under paragraph (1), Frontier County 
shall provide compensation to the reclama-
tion fund established by the first section of 
the Act of June 17, 1902 (32 Stat. 388, 
chapter 1093), in an amount equal to the 
fair market value of the Red Willow Per-
mitted Cabin Land or Red Willow Per-
mitted Concession Land, respectively, 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 (6) 
and section 4. 
(ii) APPRAISAL REQUIREMENTS.— 
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(I) IN GENERAL.—An appraisal 
under clause (i) shall be conducted in 
accordance with the Uniform Stand-
ards of Professional Appraisal Prac-
tice. 
(II) EXCLUSION.—For purposes 
of clause (i), any improvements to the 
Red Willow Permitted Cabin Land or 
the Red Willow Permitted Concession 
Land, as applicable, made by a permit 
holder shall not be included in the ap-
praised value of the Red Willow Per-
mitted Cabin Land or Red Willow 
Permitted Concession Land, respec-
tively. 
(III) 
RESOLUTION
OF
DIS-
PUTE.—Any dispute over the fair 
market value of the Red Willow Per-
mitted Cabin Land or the Red Willow 
Permitted Concession Land, as appli-
cable, under an appraisal conducted 
under clause (i) shall be resolved in 
accordance with section 2201.4 of title 
43, Code of Federal Regulations (or a 
successor regulation). 
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(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 
Red Willow Permitted Cabin Land or 
the Red Willow Permitted Concession 
Land, as applicable, 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. 
(B) CONVEYANCE COSTS.— 
(i) IN
GENERAL.—Frontier County 
shall be responsible for paying, in advance 
of the conveyance of the Red Willow Per-
mitted Cabin Land or Red Willow Per-
mitted Concession Land, as applicable, 
under paragraph (1), the estimated costs 
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
associated with the conveyance, as deter-
mined by the Secretary. 
(ii) INCLUSIONS.—Conveyance costs 
under clause (i) may include— 
(I) any transaction, survey, and 
administrative costs necessary for the 
preparation and completion of trans-
fer of title; 
(II) the costs of legal instru-
ments and deeds; 
(III) the costs of compliance with 
the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) 
and other applicable Federal laws; 
and 
(IV) the costs of any other con-
veyance procedures determined to be 
necessary by the Secretary. 
(6) 
MANAGEMENT.—Frontier 
County 
shall 
manage the Red Willow Permitted Cabin Land or 
the Red Willow Permitted Concession Land, as ap-
plicable, conveyed under paragraph (1)— 
(A) for substantially the same purposes for 
which the Red Willow Permitted Cabin Land or 
Red Willow Permitted Concession Land, respec-
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
tively, 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 Red Willow Permitted 
Cabin Land or Red Willow Permitted Con-
cession Land, respectively. 
(c) 
RECLAMATION
TITLE
TRANSFER
PROCE-
DURES.—Any procedures for the conveyance of requested 
Federal land under subsection (a) or (b) shall comply with 
the requirements contained in the Reclamation Manual 
Directives and Standards numbered CMP 11–01 (as in 
effect on the date of enactment of this Act), as determined 
to be applicable by the Secretary. 
(d) SUBSEQUENT
CONVEYANCE
OF
REQUESTED 
FEDERAL LAND.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), on completion of a conveyance to Hitch-
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
cock County or Frontier County, as applicable, of re-
quested Federal land under subsection (a) or (b), 
Hitchcock County or Frontier County may not sub-
sequently reconvey the applicable requested Federal 
land. 
(2) EXCEPTIONS.—Notwithstanding paragraph 
(1), Hitchcock County or Frontier County may sub-
sequently convey requested Federal land if— 
(A) the requested Federal land is recon-
veyed, at no cost, to an entity located in the 
State that is recognized by the State as a pub-
licly owned or governmental organization, in-
cluding— 
(i) a State agency; 
(ii) a county, city, village, or township 
in, or political subdivision of, the State; 
(iii) a natural resource district; and 
(iv) an irrigation or reclamation dis-
trict; 
(B) Hitchcock County or Frontier County, 
respectively, has demonstrated an impending 
adverse impact if the requested Federal land is 
not reconveyed; 
(C) the entity to which the requested Fed-
eral land would be reconveyed has the capacity 
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
to continue to manage the requested Federal 
land for the same purposes for which the re-
quested Federal land has been managed as of 
the date of enactment of this Act; and 
(D) the requested Federal land to be re-
conveyed 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-
sections (a)(6) and (b)(6), as applicable. 
SEC. 4. EFFECT ON RESERVATIONS, EASEMENTS, AND 
OTHER RIGHTS. 
(a) IN GENERAL.—A conveyance under subsection 
(a) or (b) of section 3 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 
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
Reservoir and Hugh Butler Reservoir for authorized 
purposes, as applicable; 
(4) any applicable reservations described in— 
(A) the Lakeview Lodge Management 
Agreement, Red Willow Management Agree-
ment, or Swanson Management Agreement, as 
applicable; or 
(B) an applicable cabin permit; 
(5) oil, gas, and other mineral rights reserved 
of record, as of the date of enactment of this Act, 
by, or in favor of, the United States or a third 
party, with respect to the applicable requested Fed-
eral land; 
(6) any permit, license, lease, right-of-use, flow-
age easement, or right-of-way of record in, on, over, 
or across the applicable requested Federal land, 
whether owned by the United States or a third 
party, as of the date of enactment of this Act; 
(7) a deed restriction that prohibits building 
any new permanent structure on the applicable re-
quested Federal land below an elevation of— 
(A) 2,785 feet at Swanson Reservoir; or 
(B) 2,628 feet at Hugh Butler Reservoir; 
and 
(8) the granting of applicable easements for— 
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(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(d)(2) shall agree to indemnify and hold 
harmless the Unites States for all claims by Hitch-
cock County, Frontier County, or others arising 
from— 
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(A) the design, construction, operation, 
maintenance, or replacement of Red Willow 
Dam, Hugh Butler Reservoir, Trenton Dam, or 
Swanson Reservoir; 
(B) the survey of claims, description of 
claims, delineation of boundaries, conveyance 
documents, conveyance process, and recording 
of deeds associated with a conveyance under 
this Act; or 
(C) any damages associated with a struc-
ture or land that may be displaced in a flood 
event. 
(3) NO
ADDITIONAL
LIABILITY.—Nothing in 
this Act increases the liability of the United States 
beyond the liability provided under chapter 171 of 
title 28, United States Code (commonly known as 
the ‘‘Federal Tort Claims Act’’). 
(4) TAKING.—Any temporary flooding or flood 
damage to a property, Hitchcock County, or Fron-
tier County, shall not be considered to be a taking 
by the United States. 
SEC. 5. INTERIM REQUIREMENTS. 
During the period beginning on the date of enactment 
of this Act and ending on the date of conveyance of re-
quested Federal land under subsection (a) or (b) of section 
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB
3, the provisions of the Lakeview Lodge Management 
Agreement, Red Willow Management Agreement, and 
Swanson Management Agreement, as applicable, and any 
applicable permits, shall remain in force and effect. 
SEC. 6. COMPLIANCE WITH OTHER LAWS. 
(a) ENVIRONMENTAL AND HISTORIC PRESERVATION 
LAWS.—Before conveying requested Federal land pursu-
ant to subsection (a) or (b) of section 3, the Secretary 
shall carry out all activities with respect to the conveyance 
required under— 
(1) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); 
(2) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.); 
(3) division A of subtitle III of title 54, United 
States Code; and 
(4) any other applicable laws. 
(b) COMPLIANCE BY COUNTIES.—Effective on the 
date of conveyance of requested Federal land pursuant to 
subsection (a) or (b) of section 3, Hitchcock County and 
Frontier County shall comply with all applicable Federal, 
State, and local laws (including regulations) with respect 
to management of the conveyed requested Federal land, 
as applicable. 
Æ 
VerDate Sep 11 2014 
02:57 Jun 22, 2024
Jkt 049200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6301
E:\BILLS\H8413.IH
H8413
kjohnson on DSK7ZCZBW3PROD with $$_JOB