An act to establish a procedure for the conveyance of certain Federal property around the Dickinson Reservoir in the State of North Dakota
PL 115-306 (S.440), enacted 12/11/2018

132 STAT. 4404 
PUBLIC LAW 115–306—DEC. 11, 2018 
Public Law 115–306 
115th Congress 
An Act 
To establish a procedure for the conveyance of certain Federal property around 
the Dickinson Reservoir in the State of North Dakota. 
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) DEPARTMENT.—The term ‘‘Department’’ means Dickin-
son Parks & Recreation in Dickinson, North Dakota. 
(2) DICKINSON RESERVOIR.—The term ‘‘Dickinson Reservoir’’ 
means the Dickinson Reservoir constructed as part of the 
Dickinson Unit, Heart 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). 
(3) GAME AND FISH HEADQUARTERS.—The term ‘‘game and 
fish headquarters’’ means the approximately 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 between the Bureau of Reclamation, 
et al., for the Development, Management, Operation, and 
Maintenance of Lands and Recreation Facilities at Dickinson 
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 ‘‘permitted cabin 
land’’ means the land depicted as ‘‘Permitted Cabin Land’’ 
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. 440] 
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132 STAT. 4405 
PUBLIC LAW 115–306—DEC. 11, 2018 
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.— 
(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 Department 
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 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 recre-
ation land. 
(B) PERMITTED
CABIN
LAND.—The Department shall 
manage the permitted cabin land conveyed under para-
graph (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 Department 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 DEPARTMENT.— 
(1) IN GENERAL.—If the Department 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 
Determination. 
Deadline. 
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132 STAT. 4406 
PUBLIC LAW 115–306—DEC. 11, 2018 
a third-party appraiser in accordance with the Uniform Stand-
ards of Professional Appraisal Practice, subject to paragraph 
(2). 
(2) IMPROVEMENTS.—For purposes of an appraisal con-
ducted under paragraph (1), any improvements on the per-
mitted cabin land made by the permit holder shall not be 
included in the appraised value of the land. 
(3) PROCEEDS FROM THE SALE OF LAND BY THE DEPART-
MENT.—If the Department sells a parcel of permitted cabin 
land conveyed under subsection (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, subject to the 
availability of appropriations made in advance, for activities relating 
to the operation of the Dickinson 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 Department 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 Dickin-
son 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, 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 2,430.6 
feet; and 
(8) the granting of applicable easements for— 
(A) vehicular access to the property; and 
Deadline. 
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132 STAT. 4407 
PUBLIC LAW 115–306—DEC. 11, 2018 
LEGISLATIVE HISTORY—S. 440: 
SENATE REPORTS: No. 115–313 (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. 
(B) access to, and use of, all docks, boathouses, ramps, 
retaining walls, and other improvements 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.— 
(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 damages 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 con-
tractor 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 Department, 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. 
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