A bill to establish a procedure for the conveyance of certain Federal property around the Dickinson Reservoir in the State of North Dakota.

Bill: 115-s-440
Sponsor: Sen. Hoeven, John [R-ND]
Introduced: 2017-02-17 in the Senate
Policy area: Public Lands and Natural Resources
Subjects: Dams and canals
Government buildings, facilities, and property
Land transfers
Missouri River
North Dakota
Outdoor recreation
State and local government operations
Water storage

Summary:
action_date: 2017-02-17
text: 
This bill directs the Commissioner of Reclamation to: (1) provide to the holder of a permit for a cabin site located on federal property around the Dickinson Reservoir in North Dakota the first option to purchase the site for fair market value, provided that the permittee first pay to Dickinson Parks & Recreation (the Department) any outstanding permit fees before exercising such option; and (2) convey to a permittee who exercises such option all U.S. interest in the site, easements for access to the site, a dock for the site, and the improvements on it. The fair market value of a property shall be determined by a local, third-party appraiser, valuing the property as unimproved residential property, excluding all improvements. 
 
Beginning two years after enactment of this bill: (1) if a permittee has not exercised such option, the Commissioner shall transfer the site to the Department, without cost; and (2) the Commissioner shall transfer to the Department, without cost, land currently managed by the Department on which no cabin is located.
 
Each such conveyance and transfer shall be made subject to specified mineral rights and rights-of-way of third parties.
 
A permittee may not build any new permanent structure below an elevation of 2,430 feet. If a permittee builds such a structure, the permittee's site shall revert to the Department.
 
 Revenues from a sale of federal land pursuant to this bill shall be made available to the Commissioner for: (1) the costs of carrying out this bill, and (2) deferred maintenance activities relating to the operation of the dam in the Dickinson Reservoir.

action_date: 2018-12-11
text: 
(Sec. 2) This bill requires the Bureau of Reclamation, within five years, to convey certain recreation land and permitted cabin land around the Dickinson Dam and Reservoir to the Dickinson Parks and Recreation Department in Dickinson, North Dakota. The department must pay administrative costs related to the conveyance, but no other costs.
 
The department must manage the conveyed recreational land for certain recreation and public purposes, public access, fish and wildlife habitat, or the preservation of the natural character of the recreation land. The department may continue to permit haying and grazing on such recreational land if those activities are authorized under a contract that is in effect on this bill's enactment. In addition, the department must manage the conveyed permitted cabin land for (1) existing cabins or recreational residences, or (2) certain recreational land management purposes. The conveyed land reverts to the United States if the land is used in a manner that is inconsistent with the authorized uses.
 
The department must charge fair market value for the sale of a parcel of permitted cabin land. However, improvements made by the permittee may not be included in the valuation. The department must pay Reclamation the amount of sale proceeds that exceed the costs of preparing the sale.
 
Any amount paid to Reclamation for the land conveyed must be made available to Reclamation, subject to the availability of appropriations made in advance, for activities relating to the operation of the Dickinson Dam and Reservoir.
 
(Sec. 3) Within five years, Reclamation must convey to North Dakota a game and fish headquarters currently leased by the North Dakota Game and Fish Department. The headquarters must continue to be used as a game and fish headquarters.
 
(Sec. 4) The bill specifies that the conveyances made under this bill are subject to certain reservations, easements, and rights, including the requirements of the Pick-Sloan Missouri River Basin Program.
 
The bill exempts the United States from liability for certain damages, including flood damage to property subject to a permit.


Legislative actions:
action_date: 2018-12-11
text: Became Public Law No: 115-306.
action_date: 2018-12-11
text: Became Public Law No: 115-306.
action_date: 2018-12-11
text: Signed by President.
action_date: 2018-12-11
text: Signed by President.
action_date: 2018-11-29
text: Presented to President.
action_date: 2018-11-29
text: Presented to President.
action_date: 2018-11-28
text: Message on Senate action sent to the House.
action_date: 2018-11-27
text: Senate agreed to the House amendment to the Senate bill by Unanimous Consent. (consideration: CR S7141)
action_date: 2018-11-27
text: Resolving differences -- Senate actions: Senate agreed to the House amendment to the Senate bill by Unanimous Consent.(consideration: CR S7141)
action_date: 2018-11-14
text: Message on House action received in Senate and at desk: House amendment to Senate bill.
action_date: 2018-11-13
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2018-11-13
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H9480-9481)
action_date: 2018-11-13
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H9480-9481)
action_date: 2018-11-13
text: DEBATE - The House proceeded with forty minutes of debate on S. 440.
action_date: 2018-11-13
text: Considered under suspension of the rules. (consideration: CR H9480-9482)
action_date: 2018-11-13
text: Mr. Lamborn moved to suspend the rules and pass the bill, as amended.
action_date: 2018-10-09
text: Held at the desk.
action_date: 2018-10-09
text: Received in the House.
action_date: 2018-10-05
text: Message on Senate action sent to the House.
action_date: 2018-10-04
text: Passed Senate with an amendment by Unanimous Consent. (consideration: CR S6549-6550; text: CR S6549-6550)
action_date: 2018-10-04
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(consideration: CR S6549-6550; text: CR S6549-6550)
action_date: 2018-08-01
text: By Senator Murkowski from Committee on Energy and Natural Resources filed written report. Report No. 115-313.
action_date: 2018-08-01
text: By Senator Murkowski from Committee on Energy and Natural Resources filed written report. Report No. 115-313.
action_date: 2018-07-30
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 533.
action_date: 2018-07-30
text: Committee on Energy and Natural Resources. Reported by Senator Murkowski with an amendment in the nature of a substitute. Without written report.
action_date: 2018-07-30
text: Committee on Energy and Natural Resources. Reported by Senator Murkowski with an amendment in the nature of a substitute. Without written report.
action_date: 2018-05-17
text: Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2017-06-14
text: Committee on Energy and Natural Resources Subcommittee on Water and Power. Hearings held. With printed Hearing: S.Hrg. 115-38.
action_date: 2017-02-17
text: Read twice and referred to the Committee on Energy and Natural Resources.
action_date: 2017-02-17
text: Introduced in Senate

Enacted as: number: 115-306