(2) COSTS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Secretary shall convey 
the land described in paragraph (1) at no cost. 
(B) TITLE TRANSFER; LAND SURVEYS.— 
As a condition of the conveyances under para-
graph (1), the Board shall agree to pay all sur-
vey and other administrative costs necessary for 
the preparation and completion of any patents 
for, and transfers of title to, the land described 
in paragraph (1). 
(3) MANAGEMENT.— 
(A) RECREATION LAND.—The Board shall 
manage the recreation land conveyed under 
paragraph (1)— 
(i) for recreation and public purposes 
consistent 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) for public access; 
(iii) for fish and wildlife habitat; or 
(iv) to preserve the natural character 
of the recreation land. 
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(B) PERMITTED CABIN LAND.—The Board 
shall manage the permitted cabin land conveyed 
under paragraph (1)— 
(i) for cabins or recreational resi-
dences in existence as of the date of enact-
ment of this Act; or 
(ii) for any of the recreation land 
management purposes described in sub-
paragraph (A). 
(4) HAYING
AND
GRAZING.—With respect to 
recreation land conveyed under paragraph (1) that is 
used for haying or grazing authorized by the Man-
agement Agreement as of the date of enactment of 
this Act, the Board may continue to permit haying 
and grazing in a manner that is permissible under 
the one or more haying or grazing contracts in effect 
as of the date of enactment of this Act. 
(b) REVERSION.—If a parcel of land conveyed under 
subparagraph (A) or (B) of subsection (a)(1) is used in 
a manner that is inconsistent with the requirements de-
scribed in subparagraph (A) or (B), respectively, of sub-
section (a)(3), the parcel of land shall, at the discretion 
of the Secretary, revert to the United States. 
(c) SALE OF PERMITTED CABIN LAND BY BOARD.— 
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(1) IN GENERAL.—If the Board sells any parcel 
of permitted cabin land conveyed under subsection 
(a)(1)(B), the parcel shall be sold at fair market 
value, as determined by a third-party appraiser in 
accordance with the Uniform Standards of Profes-
sional Appraisal Practice, subject to paragraph (2). 
(2) IMPROVEMENTS.—For purposes of an ap-
praisal conducted under paragraph (1), any improve-
ments on the permitted cabin land made by a permit 
holder shall not be included in the appraised value 
of the land. 
(3) PROCEEDS FROM THE SALE OF LAND BY 
THE BOARD.—If the Board sells a parcel of per-
mitted cabin land conveyed under subsection 
(a)(1)(B), the Board shall pay to the Secretary the 
amount of any proceeds of the sale that exceed the 
costs of preparing the sale by the Board. 
(d) AVAILABILITY OF FUNDS TO THE SECRETARY.— 
Any amounts paid to the Secretary for land conveyed by 
the Secretary under this Act shall be made available to 
the Secretary, without further appropriation, for activities 
relating to the operation of the Jamestown Dam and Res-
ervoir. 
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SEC. 3. CONVEYANCE OF GAME AND FISH HEADQUARTERS 
TO THE STATE. 
(a) CONVEYANCE
OF
GAME
AND
FISH
HEAD-
QUARTERS.—Not later than 5 years after the date of en-
actment of this Act, the Secretary shall convey to the 
State all right, title, and interest of the United States in 
and to the game and fish headquarters, on the condition 
that the game and fish headquarters continue to be used 
as a game and fish headquarters or substantially similar 
purposes. 
(b) REVERSION.—If land conveyed under subsection 
(a) is used in a manner that is inconsistent with the re-
quirements described in that subsection, the land shall, at 
the discretion of the Secretary, revert to the United 
States. 
SEC. 4. RESERVATIONS, EASEMENTS, AND OTHER OUT-
STANDING RIGHTS. 
(a) IN GENERAL.—Each conveyance to the Board or 
the State pursuant to this Act shall be made subject to— 
(1) valid existing rights; 
(2) operational requirements of the Pick-Sloan 
Missouri River Basin Program, as authorized by sec-
tion 9 of the Act of December 22, 1944 (commonly 
known as the ‘‘Flood Control Act of 1944’’) (58 
Stat. 891, chapter 665), including the Jamestown 
Reservoir; 
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(3) any flowage easement reserved by the 
United States to allow full operation of the James-
town Reservoir for authorized purposes; 
(4) reservations described in the Management 
Agreement; 
(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 property or 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 property below an 
elevation of 1,454 feet; and 
(8) the granting of applicable easements for— 
(A) vehicular access to the property; and 
(B) access to, and use of, all docks, boat-
houses, ramps, retaining walls, and other im-
provements for which access is provided in the 
permit for use of the property as of the date of 
enactment of this Act. 
(b) LIABILITY; TAKING.— 
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(1) LIABILITY.—The United States shall not be 
liable for flood damage to a property subject to a 
permit, the Board, or the State, or for damages aris-
ing out of any act, omission, or occurrence relating 
to a permit holder, the Board, or the State, other 
than for damages caused by an act or omission of 
the United States or an employee, agent, or con-
tractor of the United States before the date of en-
actment of this Act. 
(2) TAKING.—Any temporary flooding or flood 
damage to the property of a permit holder, the 
Board, or the State, 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 a prop-
erty or parcel of land under this Act, the provisions of 
the Management Agreement that are applicable to the 
property or land, or to leases between the State and the 
Secretary, and any applicable permits, shall remain in 
force and effect. 
Æ 
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