I 
115TH CONGRESS 
2D SESSION 
H. R. 6038 
To establish a procedure for the conveyance of certain Federal property 
around the Dickinson Reservoir in the State of North Dakota. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 7, 2018 
Mr. CRAMER introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To establish a procedure for the conveyance of certain Fed-
eral property around the Dickinson Reservoir in the 
State of North Dakota. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. DEFINITIONS. 
In this Act: 
(1) DEPARTMENT.—The term ‘‘Department’’ 
means Dickinson Parks & Recreation in Dickinson, 
North Dakota. 
(2) DICKINSON RESERVOIR.—The term ‘‘Dick-
inson Reservoir’’ means the Dickinson Reservoir 
constructed as part of the Dickinson Unit, Heart 
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Division, Pick-Sloan Missouri Basin Program, as au-
thorized by section 9 of the Act of December 22, 
1944 (commonly known as the ‘‘Flood Control Act 
of 1944’’) (58 Stat. 891, chapter 665). 
(3) GAME
AND
FISH
HEADQUARTERS.—The 
term ‘‘game and fish headquarters’’ means the ap-
proximately 10 acres of land depicted as ‘‘Game and 
Fish Headquarters’’ on the Map. 
(4) MANAGEMENT
AGREEMENT.—The term 
‘‘Management Agreement’’ means the management 
agreement entitled ‘‘Management Agreement be-
tween the Bureau of Reclamation, et al., for the De-
velopment, Management, Operation, and Mainte-
nance of Lands and Recreation Facilities at Dickin-
son Reservoir’’, MA No. 07AG602222, Modification 
No. 1 and dated March 15, 2017. 
(5) MAP.—The term ‘‘Map’’ means the map 
prepared by the Bureau of Reclamation, entitled 
‘‘Dickinson Reservoir’’, and dated May 2018. 
(6) PERMITTED CABIN LAND.—The term ‘‘per-
mitted cabin land’’ means the land depicted as ‘‘Per-
mitted Cabin Land’’ on the Map. 
(7) PROPERTY.—The term ‘‘property’’ means 
any cabin site located on permitted cabin land for 
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which a permit is in effect on the date of enactment 
of this Act. 
(8) RECREATION LAND.—The term ‘‘recreation 
land’’ means the land depicted as ‘‘Recreation and 
Public Purpose Lands’’ on the Map. 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the 
Commissioner of Reclamation. 
(10) STATE.—The term ‘‘State’’ means the 
State of North Dakota, acting through the North 
Dakota Game and Fish Department. 
SEC. 2. CONVEYANCES TO DICKINSON DEPARTMENT OF 
PARKS AND RECREATION. 
(a) CONVEYANCES TO DICKINSON DEPARTMENT OF 
PARKS AND RECREATION.— 
(1) IN GENERAL.—Subject to the management 
requirements of paragraph (3) and the easements 
and reservations under section 4, not later than 5 
years after the date of enactment of this Act, the 
Secretary shall convey to the Department all right, 
title, and interest of the United States in and to— 
(A) the recreation land; and 
(B) the permitted cabin land. 
(2) COSTS.— 
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(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 Department shall agree to pay 
all survey and other administrative costs nec-
essary 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 Department 
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 De-
partment 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 Department 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 DEPART-
MENT.— 
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(1) IN GENERAL.—If the Department sells any 
parcel of permitted cabin land conveyed under sub-
section (a)(1)(B), the parcel shall be sold at fair 
market value, as determined by a third-party ap-
praiser in accordance with the Uniform Standards of 
Professional Appraisal Practice, subject to para-
graph (2). 
(2) IMPROVEMENTS.—For purposes of an ap-
praisal conducted under paragraph (1), any improve-
ments on the permitted cabin land made by the per-
mit holder shall not be included in the appraised 
value of the land. 
(3) PROCEEDS FROM THE SALE OF LAND BY 
THE DEPARTMENT.—If the Department sells a par-
cel of permitted cabin land conveyed under sub-
section (a)(1)(B), the Department shall pay to the 
Secretary the amount of any proceeds of the sale 
that exceed the costs of preparing the sale by the 
Department. 
(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 Dickinson 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 Depart-
ment or the State pursuant to this Act shall be made sub-
ject 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 
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Stat. 891, chapter 665), including the Dickinson 
Reservoir; 
(3) any flowage easement reserved by the 
United States to allow full operation of Dickinson 
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 2,430.6 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 
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permit for use of the property 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 subject to a 
permit, the Department, or the State, or for dam-
ages arising out of any act, omission, or occurrence 
relating to a permit holder, the Department, or the 
State, 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) TAKING.—Any temporary flooding or flood 
damage to the property of a permit holder, the De-
partment, 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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