ESTABLISHING A PROCEDURE FOR THE CONVEYANCE OF CERTAIN FEDERAL PROPERTY AROUND THE DICKINSON RESERVOIR; Congressional Record Vol. 164, No. 179
(House of Representatives - November 13, 2018)

Text available as:

Formatting necessary for an accurate reading of this text may be shown by tags (e.g., <DELETED> or <BOLD>) or may be missing from this TXT display. For complete and accurate display of this text, see the PDF.


[Pages H9480-H9482]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




ESTABLISHING A PROCEDURE FOR THE CONVEYANCE OF CERTAIN FEDERAL PROPERTY 
                     AROUND THE DICKINSON RESERVOIR

  Mr. LAMBORN. Mr. Speaker, I move to suspend the rules and pass the 
bill (S. 440) to establish a procedure for the conveyance of certain 
Federal property around the Dickinson Reservoir in the State of North 
Dakota, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                 S. 440

       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 Dickinson 
     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 
     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).
       (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

[[Page H9481]]

     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 
     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.--
       (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 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 recreation 
     land.
       (B) Permitted cabin land.--The Department 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 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 
     subparagraph (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 a 
     third-party appraiser in accordance with the Uniform 
     Standards of Professional Appraisal Practice, subject to 
     paragraph (2).
       (2) Improvements.--For purposes of an appraisal conducted 
     under paragraph (1), any improvements on the permitted 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 department.--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 
     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, flowage 
     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, 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 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 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.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Colorado (Mr. Lamborn) and the gentlewoman from Hawaii (Ms. Hanabusa) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Colorado.


                             General Leave

  Mr. LAMBORN. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Colorado?
  There was no objection.
  Mr. LAMBORN. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of S. 440, sponsored by Senator Hoeven of North 
Dakota. This legislation is nearly identical to legislation sponsored 
by our colleague who will soon be departing us, Congressman Kevin 
Cramer, which was favorably reported by the Natural Resources Committee 
in August.
  This legislation would transfer small parcels of Federal land 
immediately surrounding Dickinson Reservoir in North Dakota. This will 
allow members of the local community to purchase the land under their 
own homes, providing them with financial security and the community 
with increased tax revenue that will be reinvested toward the upkeep of 
the reservoir.
  Other land will remain in use for recreation, public access, fish and 
wildlife habitat, a fish and game headquarters, or preserved in its 
natural character. If the land is not used for these purposes, it will 
revert to the Federal Government.
  Federal ownership of the land has led to financial uncertainty for 
private citizens and the State, and I applaud the dedication of former 
Natural Resources Committee member and future Senator Cramer and 
Senator Hoeven to alleviating these bureaucratic challenges and 
supporting their constituents.
  Mr. Speaker, I urge adoption of the measure, and I reserve the 
balance of my time.

[[Page H9482]]

  

  Ms. HANABUSA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, S. 440 authorizes the conveyance of certain public lands 
owned by the Bureau of Reclamation around the Dickinson Reservoir in 
North Dakota. I am glad to say that this bill ensures that taxpayers 
receive appropriate compensation for transferred public lands. The 
legislation also ensures that transferred recreation lands continue to 
be available to the public for recreational uses.
  Congress has a long tradition of approving public land conveyances so 
long as they promote public purposes and provide appropriate 
compensation to the American taxpayers. S. 440 meets these 
requirements.
  Mr. Speaker, I support the passage of this bill, and I yield back the 
balance of my time.
  Mr. LAMBORN. Mr. Speaker, I yield such time as he may consume to the 
gentleman from North Dakota (Mr. Cramer), who will speak on this and 
the following bill, because they are very similar.
  Mr. CRAMER. Mr. Speaker, I want to thank Chairman Lamborn, Chairman 
Bishop, and the ranking member for their cooperation and for helping me 
move this important legislation that was sponsored, as Chairman Lamborn 
said, by Senator Hoeven, and for working on my companion bills that 
were introduced in the House earlier this year. I appreciate the 
hearings that the Natural Resources Committee held and for favorably 
reporting the bills out of the committee.
  These two bills to convey BOR property to local park entities are 
very important to many of my constituents. In July, two of those 
constituents, Tom Fisher and Craig Headland, came to Washington to 
testify in support of these bills. Combined, they represented over 100 
families with homes on these reclamation properties who wished to cast 
aside the uncertainties of residing on Federal land and carry out their 
dreams of home ownership by purchasing the lands they maintain.
  Certainty, not only for them, of course, but for financial lenders, 
will generate greater investment in these properties to improve the 
lifestyle and the local economy, while maintaining the integrity of the 
use of the reservoirs.
  The land, beyond those residents, which makes up the vast majority of 
the acreage, will continue to be open to the public for recreation and 
other uses to the benefit of our people. As a firm believer in land use 
decisionmaking authority being as local as possible, I believe these 
bills will allow for better management and improved opportunities for 
the citizens of North Dakota and for our visitors.
  Lastly, I want to thank the administration for working on these bills 
with Senator Hoeven and me. I am grateful that the administration is 
willing to work on issues such as these that have carried on for years, 
and sometimes decades, with indecision and delay.
  So I urge support by my colleagues and, again, thank the chairman, 
the ranking member, and the committee for their good work.

                              {time}  1630

  Mr. LAMBORN. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Colorado (Mr. Lamborn) that the House suspend the rules 
and pass the bill, S. 440, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________