An act to establish a procedure for the conveyance of certain Federal property around the Jamestown Reservoir in the State of North Dakota, and for other purposes
PL 115-308 (S.2074), enacted 12/11/2018

132 STAT. 4419 
PUBLIC LAW 115–308—DEC. 11, 2018 
Public Law 115–308 
115th Congress 
An Act 
To establish a procedure for the conveyance of certain Federal property around 
the Jamestown Reservoir in the State of North Dakota, 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. DEFINITIONS. 
In this Act: 
(1) BOARD.—The term ‘‘Board’’ means the Stutsman County 
Park Board in Jamestown, North Dakota. 
(2) GAME AND FISH HEADQUARTERS.—The term ‘‘game and 
fish headquarters’’ means the land depicted as ‘‘Game and 
Fish Headquarters’’ on the Map. 
(3) JAMESTOWN
RESERVOIR.—The term ‘‘Jamestown Res-
ervoir’’ means the Jamestown Reservoir constructed as a unit 
of the Missouri-Souris Division, Pick-Sloan Missouri Basin Pro-
gram, 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). 
(4) MANAGEMENT
AGREEMENT.—The term ‘‘Management 
Agreement’’ means the management agreement entitled 
‘‘Management Agreement between the United States of America 
and Stutsman County Park Board for the Management, 
Development, Operation and Maintenance of Recreation and 
Related Improvements and Facilities at Jamestown Reservoir 
Stutsman County, North Dakota’’, numbered 15–LM–60–2255, 
and dated February 17, 2015. 
(5) MAP.—The term ‘‘Map’’ means the map prepared by 
the Bureau of Reclamation, entitled ‘‘Jamestown Reservoir’’, 
and dated May 2018. 
(6) PERMITTED CABIN LAND.—The term ‘‘permitted cabin 
land’’ means the land depicted as ‘‘Permitted Cabin Lands’’ 
on the Map. 
(7) PROPERTY.—The term ‘‘property’’ means any cabin site 
located on permitted cabin land for 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 Reclama-
tion. 
(10) STATE.—The term ‘‘State’’ means the State of North 
Dakota, acting through the North Dakota Game and Fish 
Department. 
Dec. 11, 2018 
[S. 2074] 
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132 STAT. 4420 
PUBLIC LAW 115–308—DEC. 11, 2018 
SEC. 2. CONVEYANCES TO STUTSMAN COUNTY PARK BOARD. 
(a) CONVEYANCES TO STUTSMAN COUNTY PARK BOARD.— 
(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 Board all right, 
title, and interest of the United States in and to— 
(A) the recreation land; and 
(B) the permitted cabin land. 
(2) COSTS.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), the Secretary shall convey the land described in para-
graph (1) at no cost. 
(B) TITLE TRANSFER; LAND SURVEYS.—As a condition 
of the conveyances under paragraph (1), the Board shall 
agree to pay all survey and other administrative costs 
necessary for the preparation and completion of any patents 
for, and transfers of title to, the land described in para-
graph (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 recre-
ation land. 
(B) PERMITTED CABIN LAND.—The Board shall manage 
the permitted cabin land conveyed under paragraph (1)— 
(i) for cabins or recreational residences in existence 
as of the date of enactment of this Act; or 
(ii) for any of the recreation land management 
purposes described in subparagraph (A). 
(4) HAYING AND GRAZING.—With respect to recreation land 
conveyed under paragraph (1) that is used for haying or grazing 
authorized by the Management 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 1 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 subpara-
graph (A) or (B) of subsection (a)(1) is used in a manner that 
is inconsistent with the requirements described in subparagraph 
(A) or (B), respectively, of subsection (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.— 
(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). 
Determination. 
Deadline. 
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132 STAT. 4421 
PUBLIC LAW 115–308—DEC. 11, 2018 
(2) IMPROVEMENTS.—For purposes of an appraisal con-
ducted under paragraph (1), any improvements on the per-
mitted 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 permitted 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, subject to the 
availability of appropriations made in advance, for activities relating 
to the operation of the Jamestown Dam and Reservoir. 
SEC. 3. CONVEYANCE OF GAME AND FISH HEADQUARTERS TO THE 
STATE. 
(a) CONVEYANCE OF GAME AND FISH HEADQUARTERS.—Not later 
than 5 years after the date of enactment 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 requirements described 
in that subsection, the land shall, at the discretion of the Secretary, 
revert to the United States. 
SEC. 4. RESERVATIONS, EASEMENTS, AND OTHER OUTSTANDING 
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 section 9 of the Act 
of December 22, 1944 (commonly known as the ‘‘Flood Control 
Act of 1944’’) (58 Stat. 891, chapter 665), including the James-
town Reservoir; 
(3) any flowage easement reserved by the United States 
to allow full operation of the Jamestown Reservoir for author-
ized 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, flowage ease-
ment, 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, boathouses, ramps, 
retaining walls, and other improvements for which access 
Deadline. 
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132 STAT. 4422 
PUBLIC LAW 115–308—DEC. 11, 2018 
LEGISLATIVE HISTORY—S. 2074 (H.R. 6039): 
HOUSE REPORTS: No. 115–901 (Comm. on Natural Resources) accompanying H.R. 
6039. 
SENATE REPORTS: No. 115–314 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 164 (2018): 
Oct. 4, considered and passed Senate. 
Nov. 13, considered and passed House, amended. 
Nov. 27, Senate concurred in House amendment. 
is provided in the 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 Board, 
or the State, or for damages arising 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 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 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 property 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. 
Approved December 11, 2018. 
Time period. 
Effective date. 
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