H. R. 8413 
One Hundred Eighteenth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Wednesday, 
the third day of January, two thousand and twenty-four 
An Act 
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 Representatives 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 right, means the most 
probable price, as of a specified date, in cash, terms equivalent 
to cash, or other precisely revealed terms, for which the speci-
fied property right should sell after reasonable exposure in 
a competitive market under all conditions requisite for a fair 
sale, with the buyer and seller each acting prudently, 
knowledgeably, and in the self-interest of the buyer or seller, 
as applicable, and assuming 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 ‘‘Hitchcock County’’ 
means Hitchcock County, Nebraska, acting through the Board 
of Commissioners of Hitchcock County. 
(4) HUGH BUTLER RESERVOIR.—The term ‘‘Hugh Butler Res-
ervoir’’ means the Hugh Butler Lake and Red Willow Dam 
constructed as part of the Pick-Sloan Missouri Basin Program, 
Frenchman-Cambridge Division, as 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). 
(5) LAKEVIEW LODGE MANAGEMENT AGREEMENT.—The term 
‘‘Lakeview Lodge Management Agreement’’ means the manage-
ment agreement entitled ‘‘Management Agreement between the 
Bureau of Reclamation, et al., for the Development, Operation, 
and Maintenance of a Concession Operation at Swanson Res-
ervoir, Nebraska’’, numbered 23–LM–60–4160, and dated 
November 1, 2023. 
(6) LAKEVIEW LODGE PERMITTED CONCESSION LAND.—The 
term ‘‘Lakeview Lodge Permitted Concession Land’’ means the 
approximately 21.5 acres of land and water for the operation 
of a public concession at Swanson Reservoir, as generally
H. R. 8413—2 
depicted on the map prepared by the Bureau of Reclamation 
entitled ‘‘Lakeview Lodge Concession Boundary’’ and dated 
August 2023. 
(7) RED WILLOW MANAGEMENT AGREEMENT.—The term ‘‘Red 
Willow Management Agreement’’ means the management 
agreement entitled ‘‘Management Agreement between the 
Bureau of Reclamation, et al., for the Development, Manage-
ment, Operation, and Maintenance of a Concession Operation 
at Hugh Butler Reservoir, Nebraska’’, numbered 24–LM–60– 
5155, and dated March 7, 2024. 
(8) RED WILLOW PERMITTED CABIN LAND.—The term ‘‘Red 
Willow Permitted Cabin Land’’ means the approximately 6.5 
acres of land encompassing the 8 permitted cabin lots at the 
Hugh Butler Reservoir, as generally depicted on the map pre-
pared by the Bureau of Reclamation entitled ‘‘Red Willow Cabin 
Map’’ and dated March 2024. 
(9) RED WILLOW PERMITTED CONCESSION LAND.—The term 
‘‘Red Willow Permitted Concession Land’’ means the approxi-
mately 23 acres of land and water for the operation of a 
public service concession at the Hugh Butler Reservoir, as 
generally depicted on the map prepared by the Bureau of Rec-
lamation entitled ‘‘Red Willow Concession Boundary’’ and dated 
August 2023. 
(10) REQUESTED FEDERAL LAND.—The term ‘‘requested Fed-
eral land’’ means each of the following parcels of land, or 
any subset of those parcels, with respect to which a title 
transfer agreement is executed: 
(A) The Lakeview Lodge Permitted Concession 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. 
(11) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of the Interior, acting through the Commissioner of 
Reclamation. 
(12) STATE.—The term ‘‘State’’ means the State of 
Nebraska. 
(13) 
SWANSON
MANAGEMENT
AGREEMENT.—The 
term 
‘‘Swanson Management Agreement’’ means the management 
agreement entitled ‘‘Management Agreement between the 
Bureau of Reclamation, et al., for the Development, Manage-
ment, Operation, and Maintenance of a Concession Operation 
at Swanson Reservoir, Nebraska’’, numbered 24–LM–60–5154, 
and dated April 19, 2024. 
(14) SWANSON PERMITTED CABIN LAND.—The term ‘‘Swan-
son Permitted Cabin Land’’ means the approximately 6.2 acres 
of land encompassing the 11 permitted cabin lots at the Swan-
son Reservoir, as generally depicted on the map prepared by 
the Bureau of Reclamation entitled ‘‘Swanson Cabin Map’’ and 
dated March 2024. 
(15) SWANSON
PERMITTED
CONCESSION
LAND.—The term 
‘‘Swanson Permitted Concession Land’’ means the approxi-
mately 20 acres of land and water for the operation of a 
public service concession at the Swanson Reservoir, as generally 
depicted on the map prepared by the Bureau of Reclamation 
entitled ‘‘Swanson Concession Boundary’’ and dated August 
2023.
H. R. 8413—3 
(16) SWANSON RESERVOIR.—The term ‘‘Swanson Reservoir’’ 
means the Swanson Reservoir and Trenton Dam constructed 
as part of the Pick-Sloan Missouri Basin Program, Frenchman- 
Cambridge Division, as 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). 
(17) TITLE TRANSFER AGREEMENT.—The term ‘‘title transfer 
agreement’’ means a title transfer agreement entered into under 
section 3(a)(1) between the Secretary and Frontier County or 
Hitchcock County, as applicable, that establishes the legal, 
institutional, and financial terms for the conveyance of the 
applicable requested Federal land. 
SEC. 3. CONVEYANCES OF FEDERAL LAND TO HITCHCOCK COUNTY 
AND FRONTIER COUNTY, NEBRASKA. 
(a) CONVEYANCES
TO
HITCHCOCK
COUNTY
AND
FRONTIER 
COUNTY.— 
(1) TITLE TRANSFER AGREEMENT.—Subject to paragraphs 
(2) and (5) and sections 4 and 5, not later than 3 years after 
the date of enactment of this Act, the Secretary shall make 
good faith efforts to enter into negotiations for, and enter into, 
title transfer agreements with each of Hitchcock County and 
Frontier County— 
(A) under which the Secretary shall convey to Hitch-
cock County or Frontier County, as applicable, all requested 
right, title, and interest of the United States in and to 
the applicable requested Federal land; 
(B) that provides that, as a condition of the conveyance, 
the applicable requested Federal land— 
(i) shall be conveyed in whole; and 
(ii) shall not be subdivided; and 
(C) that provides a plan for— 
(i) a demonstration of— 
(I) the technical capability of Hitchcock County 
or Frontier County, as applicable, to operate and 
maintain the applicable requested Federal land 
permanently; and 
(II) the ability of Hitchcock County or Frontier 
County, as applicable, to satisfy financial obliga-
tions relating to the applicable requested Federal 
land; and 
(ii) the management by Hitchcock County or Fron-
tier County, as applicable, of the applicable requested 
Federal land to be conveyed in accordance with the 
applicable 
title 
transfer 
agreement, 
including 
addressing any issues to ensure compliance with 
applicable State fire, safety, and health codes and 
standards not later than 2 years after the date of 
the applicable conveyance. 
(2) REQUIREMENT.—Notwithstanding section 8002(3)(B) of 
the John D. Dingell, Jr. Conservation, Management, and Recre-
ation Act (43 U.S.C. 2902(3)(B)), the Secretary shall negotiate 
the title transfer agreement under paragraph (1) in accordance 
with the criteria, terms, and conditions described in subtitle 
A of title VIII of that Act (43 U.S.C. 2901 et seq.).
H. R. 8413—4 
(3) OFFER TO CONVEY.—As soon as practicable after the 
date on which a title transfer agreement is entered into pursu-
ant to paragraph (1), the Secretary shall offer to convey to 
Hitchcock County or Frontier County, as applicable, all right, 
title, and interest of the United States in and to the applicable 
requested Federal land, in accordance with the terms and condi-
tions described in the applicable title transfer agreement. 
(4) COSTS.— 
(A) CONSIDERATION.— 
(i) IN GENERAL.—As consideration for the convey-
ance of the applicable requested Federal land under 
paragraph (3), Hitchcock County or Frontier County, 
as applicable, shall pay to the Secretary, for use in 
accordance with clause (iii), an amount equal to the 
fair market value of the applicable requested Federal 
land, 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 (5) and section 4. 
(ii) APPRAISAL REQUIREMENTS.— 
(I) IN GENERAL.—An appraisal under clause 
(i) shall be conducted in accordance with the Uni-
form Standards of Professional Appraisal Practice. 
(II) IMPROVEMENTS.—For purposes of clause 
(i), any improvements to the applicable requested 
Federal land made by a permit holder shall not 
be included in the appraised value of the applicable 
requested Federal land. 
(III) RESOLUTION
OF
DISPUTE.—Any dispute 
over the fair market value of the applicable 
requested Federal land under an appraisal con-
ducted under clause (i) shall be resolved in accord-
ance with section 2201.4 of title 43, Code of Federal 
Regulations (or a successor regulation). 
(IV) 
CONSIDERATION
OF
REVENUES.—An 
appraisal under clause (i) shall take into consider-
ation any future income stream that the United 
States would have derived from the applicable 
requested Federal land at the time of the convey-
ance, including revenues to the United States— 
(aa) from existing water service and 
repayment contracts; 
(bb) from known or reasonably foreseeable 
new contracts or renewals; 
(cc) as aid to irrigation; and 
(dd) from any other authorized source. 
(iii) USE.—Amounts paid under clause (i) shall 
be available to the Secretary, subject to further appro-
priation, for activities relating to the operation of the 
Hugh Butler Reservoir and Swanson Reservoir. 
(B) CONVEYANCE COSTS.—As a condition of a convey-
ance under paragraph (3), Hitchcock County or Frontier 
County, as applicable, shall be responsible for paying, in 
advance of the conveyance of the applicable requested Fed-
eral land, all survey and other administrative costs, as
H. R. 8413—5 
determined to be necessary by the Secretary, for the 
preparation and completion of transfer of title to, the 
applicable requested Federal land. 
(5) MANAGEMENT.—Hitchcock County and Frontier County 
shall each manage the applicable requested Federal land con-
veyed to Hitchcock County or Frontier County, as applicable, 
under paragraph (3)— 
(A) for substantially the same purposes for which the 
applicable requested Federal land is being used as of the 
date of enactment of this Act; or 
(B) for— 
(i) 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) public access; 
(iii) fish and wildlife habitat; or 
(iv) the preservation of the natural character of 
the applicable requested Federal land. 
(b) SUBSEQUENT CONVEYANCE OF REQUESTED FEDERAL LAND.— 
(1) IN GENERAL.—Except as provided in paragraph (2), on 
completion of a conveyance to Hitchcock County or Frontier 
County, as applicable, of the applicable requested Federal land 
under subsection (a), Hitchcock County or Frontier County, 
as applicable, may not subsequently reconvey the applicable 
requested Federal land. 
(2) EXCEPTIONS.—Notwithstanding paragraph (1), Hitch-
cock County or Frontier County, as applicable, may subse-
quently convey the applicable requested Federal land if— 
(A) the applicable requested Federal land is recon-
veyed, at no cost, to an entity located in the State that 
is recognized by the State as a publicly owned or govern-
mental organization, including— 
(i) a State agency; 
(ii) a county, city, village, or township in, or polit-
ical subdivision of, the State; 
(iii) a natural resource district; and 
(iv) an irrigation or reclamation district; 
(B) Hitchcock County or Frontier County, as applicable, 
has demonstrated an impending adverse impact if the 
applicable requested Federal land is not reconveyed; 
(C) the entity to which the applicable requested Federal 
land would be reconveyed has the capacity to continue 
to manage the applicable requested Federal land for the 
same purposes for which the applicable requested Federal 
land has been managed as of the date of enactment of 
this Act; and 
(D) the applicable requested Federal land to be recon-
veyed would continue to be available for public access. 
(3) FUTURE CONVEYANCES.—A subsequent conveyance of 
requested Federal land shall be subject to the requirements 
of this subsection and subsection (a)(5). 
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;
H. R. 8413—6 
(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 
Reservoir 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 Willow Management 
Agreement, or Swanson Management 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, flowage ease-
ment, 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) as applicable, a deed restriction that prohibits building 
any new permanent structure on the applicable requested Fed-
eral 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 requested Federal 
land; and 
(B) access to, and use of, all docks, boathouses, ramps, 
retaining walls, and other improvements 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 County, 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(b)(2) shall agree to indemnify 
and hold harmless the Unites States for all claims by Hitchcock 
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, delinea-
tion of boundaries, conveyance documents, conveyance 
process, and recording of deeds associated with a convey-
ance under this Act; or 
(C) any damages associated with a structure 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
H. R. 8413—7 
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 Frontier 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 Agreement, 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 AGREE-
MENT.—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 Swanson Permitted 
Concession Land, as applicable, that is not subject to a title transfer 
agreement in accordance with applicable law. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.