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Notes

H.R. 8413 — what changed

Swanson and Hugh Butler Reservoirs Land Conveyances Act

From Reported in House to Engrossed in House. 4 sections amended and 1 removed between Reported in House and Engrossed in House.

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 specified 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 Reservoir 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)
changed Lakeview Lodge Management Agreement— The term Lakeview Lodge Management Agreement means the management agreement entitled “Management Agreement between the Bureau of Reclamation, et al., for the Development, Operation, and Maintenance of a Concession Operation at Swanson Reservoir”, Reservoir, Nebraska”, numbered 23–LM–60–4160, and dated March November 1, 2022.2023.
(6)
changed 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—Reservoir, as generally depicted on the map prepared by the Bureau of Reclamation entitled “Lakeview Lodge Concession Boundary” and dated August 2023.
(A)
removed located in the NE¼NE¼ sec. 9, T. 2 N., R. 34 W., sixth principal meridian;
(B)
removed as generally depicted on the map prepared by the Bureau of Reclamation entitled “Lakeview Lodge Concession Boundary” and dated August 2023; and
(C)
removed as further defined by a land survey, as the Secretary determines to be appropriate.
(7)
changed Property—Red Willow Management Agreement— The term property Red Willow Management Agreement means any cabin or trailer site—the management agreement entitled “Management Agreement between the Bureau of Reclamation, et al., for the Development, Management, Operation, and Maintenance of a Concession Operation at Hugh Butler Reservoir, Nebraska”, numbered 24–LM–60–5155, and dated March 7, 2024.
(A)
removed with respect to which a permit is in effect on the date of enactment of this Act; and
(B)
removed that is located on—
(i)
removed the Lakeview Lodge Permitted Concession Land;
(ii)
removed the Red Willow Permitted Cabin Land;
(iii)
removed the Red Willow Permitted Concession Land;
(iv)
removed the Swanson Permitted Cabin Land; or
(v)
removed the Swanson Permitted Concession Land.
(8)
changed Red Willow Management Agreement—Permitted Cabin Land— The term Red Willow Management Agreement Permitted Cabin Land means the management agreement entitled “Management Agreement between the Bureau approximately 6.5 acres of Reclamation, et al., for land encompassing the Development, Management, Operation, and Maintenance of a Concession Operation 8 permitted cabin lots at the Hugh Butler Reservoir”, numbered 24–LM–60–5155, Reservoir, as generally depicted on the map prepared by the Bureau of Reclamation entitled “Red Willow Cabin Map” and dated May 1, March 2024.
(9)
changed Red Willow Permitted Cabin Concession Land— The term Red Willow Permitted Cabin Concession Land means the approximately 6.5 23 acres of land encompassing and water for the 8 permitted cabin lots operation of a public service concession at the Hugh Butler Reservoir—Reservoir, as generally depicted on the map prepared by the Bureau of Reclamation entitled “Red Willow Concession Boundary” and dated August 2023.
(A)
removed located in the S½ sec. 35, T. 5 N., R. 30 W., sixth principal meridian;
(B)
removed as generally depicted on the map prepared by the Bureau of Reclamation entitled “Red Willow Cabin Map” and dated March 2024; and
(C)
removed as further defined by a land survey, as the Secretary determines to be appropriate.
(10)
removed Red Willow Permitted Concession Land— The term Red Willow Permitted Concession Land means the approximately 23 acres of land and water for the operation of a public service concession at the Hugh Butler Reservoir—
(A)
removed located in the E½ sec. 25, T. 5 N., R. 30 W., sixth principal meridian;
(B)
removed as generally depicted on the map prepared by the Bureau of Reclamation entitled “Red Willow Concession Boundary” and dated August 2023; and
(C)
removed as further defined by a land survey, as the Secretary determines to be appropriate.
(10)
renumbered was (13) Requested Federal land— The term requested Federal 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)
renumbered was (13)(3) The Lakeview Lodge Permitted Concession Land.
(B)
renumbered was (13)(4) The Red Willow Permitted Cabin Land.
(C)
renumbered was (13)(5) The Red Willow Permitted Concession Land.
(D)
renumbered was (13)(6) The Swanson Permitted Cabin Land.
(E)
renumbered was (13)(7) The Swanson Permitted Concession Land.
(11)
renumbered was (14) Secretary— The term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation.
(12)
renumbered was (15) State— The term State means the State of Nebraska.
(13)
added 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, Management, Operation, and Maintenance of a Concession Operation at Swanson Reservoir, Nebraska”, numbered 24–LM–60–5154, and dated April 19, 2024.
(14)
changed Swanson Management Agreement—Permitted Cabin Land— The term Swanson Management Agreement Permitted Cabin Land means the management agreement entitled “Management Agreement between the Bureau approximately 6.2 acres of Reclamation, et al., for land encompassing the Development, Management, Operation, and Maintenance of Concession Operation 11 permitted cabin lots at the Swanson Reservoir”, numbered 23–LM–60–4170, Reservoir, as generally depicted on the map prepared by the Bureau of Reclamation entitled “Swanson Cabin Map” and dated May 1, 2023.March 2024.
(15)
changed Swanson Permitted Cabin Concession Land— The term Swanson Permitted Cabin Concession Land means the approximately 6.2 20 acres of land encompassing and water for the 11 permitted cabin lots operation of a public service concession at the Swanson Reservoir—Reservoir, as generally depicted on the map prepared by the Bureau of Reclamation entitled “Swanson Concession Boundary” and dated August 2023.
(A)
removed located in the N1/2 sec. 18, S½ sec. 7, T. 2 N., R. 33 W., sixth principal meridian;
(B)
removed as generally depicted on the map prepared by the Bureau of Reclamation entitled “Swanson Cabin Map” and dated March 2024; and
(C)
removed as further defined by a land survey, as the Secretary determines to be appropriate.
(16)
removed Swanson Permitted Concession Land— The term Swanson Permitted Concession Land means the approximately 20 acres of land and water for the operation of a public service concession at the Swanson Reservoir—
(A)
removed located in the N½ sec. 17, T. 2 N., R. 33 W., sixth principal meridian;
(B)
removed as generally depicted on the map prepared by the Bureau of Reclamation entitled “Swanson Concession Boundary” and dated August 2023; and
(C)
removed as further defined by a land survey, as the Secretary determines to be appropriate.
(16)
renumbered was (19) 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)
added 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.
(18)
removed Title transfer agreement— The term title transfer agreement means a title transfer agreement between the Secretary and Frontier County or Hitchcock County, as applicable, entered into pursuant to a memorandum of agreement to determine the legal, institutional, and financial terms for the conveyance of the Lakeview Lodge Permitted Concession Land, Red Willow Permitted Cabin Land, Red Willow Permitted Concession Land, Swanson Permitted Cabin Land, or Swanson Permitted Concession Land, as applicable.

Sec. 3 Conveyances of Federal land to Hitchcock County and Frontier County, Nebraska

(a)
changed Conveyance Conveyances to Hitchcock County and Frontier County—
(1)
changed Title transfer agreement— Subject to paragraphs (2) and (6) (5) and sections 4 and 5, not later than 3 years after the date of enactment of this Act, the Secretary shall enter into make good faith negotiations efforts to enter into a negotiations for, and enter into, title transfer agreement agreements with Hitchcock County under which the Secretary shall convey to each of Hitchcock County all requested right, title, and interest of the United States in and to the Swanson Permitted Cabin Land, the Swanson Permitted Concession Land, or the Lakeview Lodge Permitted Concession Land, as applicable.Frontier County—
(A)
added under which the Secretary shall convey to Hitchcock 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)
added that provides that, as a condition of the conveyance, the applicable requested Federal land—
(2)
removed Prohibition on subdivision— A title transfer agreement entered into pursuant to paragraph (1) shall be subject to the condition that the Swanson Permitted Cabin Land, the Swanson Permitted Concession Land, or the Lakeview Lodge Permitted Concession Land, as applicable—
(A)
removed shall be conveyed in whole; and
(B)
removed shall not be subdivided.
(3)
removed Offer to convey— As soon as practicable after the date on which a title transfer agreement is entered into pursuant to paragraph (1), the Secretary shall offer to convey to Hitchcock County all right, title, and interest of the United States in and to the Swanson Permitted Cabin Land, the Swanson Permitted Concession Land, or the Lakeview Lodge Permitted Concession Land, as applicable, in accordance with paragraph (2) and the terms and conditions described in the title transfer agreement.
(4)
removed Memorandum of agreement—
(A)
removed In general— As soon as practicable after the date of enactment of this Act, the Secretary shall enter into a memorandum of agreement with Hitchcock County to establish and define the roles and responsibilities for actions required to convey to Hitchcock County the Swanson Permitted Cabin Land, Swanson Permitted Concession Land, or Lakeview Lodge Permitted Concession Land, as applicable, in accordance with the title transfer agreement.
(B)
removed Requirement— The memorandum of agreement entered into under subparagraph (A) shall include the establishment of a plan for—
(i)
removed the demonstration by Hitchcock County of—
(I)
removed the technical capability of Hitchcock County to operate and maintain the Swanson Permitted Cabin Land, Swanson Permitted Concession Land, or Lakeview Lodge Permitted Concession Land, as applicable, permanently; and
(II)
removed the ability of Hitchcock County to satisfy financial obligations relating to the Swanson Permitted Cabin Land, Swanson Permitted Concession Land, or Lakeview Lodge Permitted Concession Land, as applicable; and
(ii)
removed the management by Hitchcock County of the Swanson Permitted Cabin Land, Swanson Permitted Concession Land, or Lakeview Lodge Permitted Concession Land, as applicable, to be conveyed in accordance with the memorandum of 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.
(5)
removed Costs—
(A)
removed Consideration—
(i)
removed In general— As consideration for the conveyance of the Swanson Permitted Cabin Land, Swanson Permitted Concession Land, or Lakeview Lodge Permitted Concession Land, as applicable, under paragraph (1), Hitchcock County shall provide compensation to the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093), in an amount equal to the fair market value of the Swanson Permitted Cabin Land, Swanson Permitted Concession Land, or Lakeview Lodge Permitted Concession Land, respectively, as determined by an appraisal conducted—
(I)
removed in accordance with clause (ii);
(II)
removed by a third-party appraiser approved by the Secretary; and
(III)
removed subject to the management requirements under paragraph (6) and section 4.
(ii)
removed Appraisal requirements—
(I)
removed In general— An appraisal under clause (i) shall be conducted in accordance with the Uniform Standards of Professional Appraisal Practice.
(II)
removed Exclusion— For purposes of clause (i), any improvements to the Swanson Permitted Cabin Land, the Swanson Permitted Concession Land, or the Lakeview Lodge Permitted Concession Land, as applicable, made by a permit holder shall not be included in the appraised value of the Swanson Permitted Cabin Land, Swanson Permitted Concession Land, or Lakeview Lodge Permitted Concession Land, respectively.
(III)
removed Resolution of dispute— Any dispute over the fair market value of the Swanson Permitted Cabin Land, the Swanson Permitted Concession Land, or the Lakeview Lodge Permitted Concession Land under an appraisal conducted under clause (i) shall be resolved in accordance with section 2201.4 of title 43, Code of Federal Regulations (or a successor regulation).
(IV)
removed Consideration of revenues— An appraisal under clause (i) shall take into consideration any future income stream that the United States would have derived from the Swanson Permitted Cabin Land, the Swanson Permitted Concession Land, or the Lakeview Lodge Permitted Concession Land, as applicable, at the time of the conveyance, including revenues to the United States—
(aa)
removed from existing water service and repayment contracts;
(bb)
removed from known or reasonably foreseeable new contracts or renewals;
(cc)
removed as aid to irrigation; and
(dd)
removed from any other authorized source.
(B)
removed Conveyance costs—
(i)
removed In general— Hitchcock County shall be responsible for paying, in advance of the conveyance of the Swanson Permitted Cabin Land, Swanson Permitted Concession Land, or Lakeview Lodge Permitted Concession Land, as applicable, under paragraph (1), the estimated costs associated with the conveyance, as determined by the Secretary.
(ii)
removed Inclusions— Conveyance costs under clause (i) may include—
(I)
removed any transaction, survey, and administrative costs necessary for the preparation and completion of transfer of title;
(II)
removed the costs of legal instruments and deeds;
(III)
removed the costs of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable Federal laws; and
(IV)
removed the costs of any other conveyance procedures determined to be necessary by the Secretary.
(6)
removed Management— Hitchcock County shall manage the Swanson Permitted Cabin Land, the Swanson Permitted Concession Land, or the Lakeview Lodge Permitted Concession Land, as applicable, conveyed under paragraph (1)—
(A)
removed for substantially the same purposes for which the Swanson Permitted Cabin Land, Swanson Permitted Concession Land, or Lakeview Lodge Permitted Concession Land, respectively, is being used as of the date of enactment of this Act; or
(B)
removed for—
(i)
removed 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)
removed public access;
(iii)
removed fish and wildlife habitat; or
(iv)
removed the preservation of the natural character of the Swanson Permitted Cabin Land, Swanson Permitted Concession Land, or Lakeview Lodge Permitted Concession Land, respectively.
(b)
removed Conveyance to Frontier County—
(1)
removed Title transfer agreement— Subject to paragraphs (2) and (6) and sections 4 and 5, not later than 3 years after the date of enactment of this Act, the Secretary shall enter into good faith negotiations to enter into a title transfer agreement with Frontier County under which the Secretary shall convey to Frontier County all requested right, title, and interest of the United States in and to the Red Willow Permitted Cabin Land or the Red Willow Permitted Concession Land, as applicable.
(2)
removed Prohibition on subdivision— A title transfer agreement entered into pursuant to paragraph (1) shall be subject to the condition that the Red Willow Permitted Cabin Land or the Red Willow Permitted Concession Land, as applicable—
(i)
renumbered was (3)(3)(3) shall be conveyed in whole; and
(ii)
added shall not be subdivided; and
(C)
added that provides a plan for—
(i)
added a demonstration of—
(I)
added the technical capability of Hitchcock County or Frontier County, as applicable, to operate and maintain the applicable requested Federal land permanently; and
(II)
added the ability of Hitchcock County or Frontier County, as applicable, to satisfy financial obligations relating to the applicable requested Federal land; and
(ii)
added the management by Hitchcock County or Frontier 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)
added Requirement— Notwithstanding section 8002(3)(B) of the John D. Dingell, Jr. Conservation, Management, and Recreation 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.).
(3)
added Offer to convey— As soon as practicable after the date on which a title transfer agreement is entered into pursuant 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 conditions described in the applicable title transfer agreement.
(4)
added Costs—
(A)
added Consideration—
(i)
added In general— As consideration for the conveyance 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—
(B)
removed shall not be subdivided.
(3)
removed Offer to convey— As soon as practicable after the date on which a title transfer agreement is entered into pursuant to paragraph (1), the Secretary shall offer to convey to Frontier County all right, title, and interest of the United States in and to the Red Willow Permitted Cabin Land or the Red Willow Permitted Concession Land, as applicable, in accordance with paragraph (2) and the terms and conditions described in the title transfer agreement.
(4)
removed Memorandum of agreement—
(A)
removed In general— As soon as practicable after the date of enactment of this Act, the Secretary shall enter into a memorandum of agreement with Frontier County to establish and define the roles and responsibilities for actions required to convey to Frontier County the Red Willow Permitted Cabin Land or Red Willow Permitted Concession Land, as applicable, in accordance with the title transfer agreement.
(B)
removed Requirement— The memorandum of agreement entered into under subparagraph (A) shall include the establishment of a plan for—
(i)
removed the demonstration by Frontier County of—
(I)
removed the technical capability of Frontier County to operate and maintain the Red Willow Permitted Cabin Land or Red Willow Permitted Concession Land, as applicable, permanently; and
(II)
removed the ability of Frontier County to satisfy financial obligations relating to the Red Willow Permitted Cabin Land or Red Willow Permitted Concession Land, as applicable; and
(ii)
removed the management by Frontier County of the Red Willow Permitted Cabin Land or Red Willow Permitted Concession Land, as applicable, to be conveyed in accordance with the memorandum of 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 conveyance.
(5)
removed Costs—
(A)
removed Consideration—
(i)
removed In general— As consideration for the conveyance of the Red Willow Permitted Cabin Land or Red Willow Permitted Concession Land, as applicable, under paragraph (1), Frontier County shall provide compensation to the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093), in an amount equal to the fair market value of the Red Willow Permitted Cabin Land or Red Willow Permitted Concession Land, respectively, as determined by an appraisal conducted—
(I)
renumbered was (3)(6)(2)(2)(3) in accordance with clause (ii);
(II)
renumbered was (3)(6)(2)(2)(4) by a third-party appraiser approved by the Secretary; and
(III)
added subject to the management requirements under paragraph (5) and section 4.
(ii)
added Appraisal requirements—
(III)
removed subject to the management requirements under paragraph (6) and section 4.
(ii)
removed Appraisal requirements—
(I)
renumbered was (3)(6)(2)(3)(2) In general— An appraisal under clause (i) shall be conducted in accordance with the Uniform Standards of Professional Appraisal Practice.
(II)
added 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)
added Resolution of dispute— Any dispute over the fair market value of the applicable requested Federal land under an appraisal conducted under clause (i) shall be resolved in accordance with section 2201.4 of title 43, Code of Federal Regulations (or a successor regulation).
(IV)
added Consideration of revenues— An appraisal under clause (i) shall take into consideration any future income stream that the United States would have derived from the applicable requested Federal land at the time of the conveyance, including revenues to the United States—
(II)
removed Exclusion— For purposes of clause (i), any improvements to the Red Willow Permitted Cabin Land or the Red Willow Permitted Concession Land, as applicable, made by a permit holder shall not be included in the appraised value of the Red Willow Permitted Cabin Land or Red Willow Permitted Concession Land, respectively.
(III)
removed Resolution of dispute— Any dispute over the fair market value of the Red Willow Permitted Cabin Land or the Red Willow Permitted Concession Land, as applicable, under an appraisal conducted under clause (i) shall be resolved in accordance with section 2201.4 of title 43, Code of Federal Regulations (or a successor regulation).
(IV)
removed Consideration of revenues— An appraisal under clause (i) shall take into consideration any future income stream that the United States would have derived from the Red Willow Permitted Cabin Land or the Red Willow Permitted Concession Land, as applicable, at the time of the conveyance, including revenues to the United States—
(aa)
renumbered was (3)(6)(2)(3)(5)(3) from existing water service and repayment contracts;
(bb)
renumbered was (3)(6)(2)(3)(5)(4) from known or reasonably foreseeable new contracts or renewals;
(cc)
renumbered was (3)(6)(2)(3)(5)(5) as aid to irrigation; and
(dd)
renumbered was (3)(6)(2)(3)(5)(6) from any other authorized source.
(iii)
added Use— Amounts paid under clause (i) shall be available to the Secretary, subject to further appropriation, for activities relating to the operation of the Hugh Butler Reservoir and Swanson Reservoir.
(B)
added Conveyance costs— As a condition of a conveyance under paragraph (3), Hitchcock County or Frontier County, as applicable, shall be responsible for paying, in advance of the conveyance of the applicable requested Federal land, all survey and other administrative costs, as determined to be necessary by the Secretary, for the preparation and completion of transfer of title to, the applicable requested Federal land.
(5)
added Management— Hitchcock County and Frontier County shall each manage the applicable requested Federal land conveyed to Hitchcock County or Frontier County, as applicable, under paragraph (3)—
(A)
added 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)
removed Conveyance costs—
(i)
removed In general— Frontier County shall be responsible for paying, in advance of the conveyance of the Red Willow Permitted Cabin Land or Red Willow Permitted Concession Land, as applicable, under paragraph (1), the estimated costs associated with the conveyance, as determined by the Secretary.
(ii)
removed Inclusions— Conveyance costs under clause (i) may include—
(I)
removed any transaction, survey, and administrative costs necessary for the preparation and completion of transfer of title;
(II)
removed the costs of legal instruments and deeds;
(III)
removed the costs of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable Federal laws; and
(IV)
removed the costs of any other conveyance procedures determined to be necessary by the Secretary.
(6)
removed Management— Frontier County shall manage the Red Willow Permitted Cabin Land or the Red Willow Permitted Concession Land, as applicable, conveyed under paragraph (1)—
(A)
removed for substantially the same purposes for which the Red Willow Permitted Cabin Land or Red Willow Permitted Concession Land, respectively, is being used as of the date of enactment of this Act; or
(B)
renumbered was (3)(7)(4) for—
(i)
renumbered was (3)(7)(4)(2) 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)
renumbered was (3)(7)(4)(3) public access;
(iii)
renumbered was (3)(7)(4)(4) fish and wildlife habitat; or
(iv)
added the preservation of the natural character of the applicable requested Federal land.
(b)
added Subsequent conveyance of requested Federal land—
(1)
added 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)
added Exceptions— Notwithstanding paragraph (1), Hitchcock County or Frontier County, as applicable, may subsequently convey the applicable requested Federal land if—
(A)
added the applicable requested Federal land is reconveyed, at no cost, to an entity located in the State that is recognized by the State as a publicly owned or governmental organization, including—
(iv)
removed the preservation of the natural character of the Red Willow Permitted Cabin Land or Red Willow Permitted Concession Land, respectively.
(c)
removed Reclamation title transfer procedures— Any procedures for the conveyance of requested Federal land under subsection (a) or (b) shall comply with the requirements contained in the Reclamation Manual Directives and Standards numbered CMP 11–01 (as in effect on the date of enactment of this Act), as determined to be applicable by the Secretary.
(d)
removed Subsequent conveyance of requested Federal land—
(1)
removed In general— Except as provided in paragraph (2), on completion of a conveyance to Hitchcock County or Frontier County, as applicable, of requested Federal land under subsection (a) or (b), Hitchcock County or Frontier County may not subsequently reconvey the applicable requested Federal land.
(2)
removed Exceptions— Notwithstanding paragraph (1), Hitchcock County or Frontier County may subsequently convey requested Federal land if—
(A)
removed the requested Federal land is reconveyed, at no cost, to an entity located in the State that is recognized by the State as a publicly owned or governmental organization, including—
(i)
renumbered was (5)(3)(3)(2) a State agency;
(ii)
renumbered was (5)(3)(3)(3) a county, city, village, or township in, or political subdivision of, the State;
(iii)
renumbered was (5)(3)(3)(4) a natural resource district; and
(iv)
renumbered was (5)(3)(3)(5) an irrigation or reclamation district;
(B)
added Hitchcock County or Frontier County, as applicable, has demonstrated an impending adverse impact if the applicable requested Federal land is not reconveyed;
(C)
added 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)
added the applicable requested Federal land to be reconveyed would continue to be available for public access.
(3)
added Future conveyances— A subsequent conveyance of requested Federal land shall be subject to the requirements of this subsection and subsection (a)(5).
(B)
removed Hitchcock County or Frontier County, respectively, has demonstrated an impending adverse impact if the requested Federal land is not reconveyed;
(C)
removed the entity to which the requested Federal land would be reconveyed has the capacity to continue to manage the requested Federal land for the same purposes for which the requested Federal land has been managed as of the date of enactment of this Act; and
(D)
removed the requested Federal land to be reconveyed would continue to be available for public access.
(3)
removed Future conveyances— A subsequent conveyance of requested Federal land shall be subject to the requirements of this subsection and subsections (a)(6) and (b)(6), as applicable.

Sec. 4 Effect on reservations, easements, and other rights

(a)
changed In general— A conveyance under subsection (a) or (b) of section 3 3(a) shall be subject to—
(1)
valid existing rights;
(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)
changed any flowage easement reserved by the United States to allow full operation of the Swanson Reservoir and Hugh Butler Reservoir Reservoir, as applicable, for authorized purposes, as applicable;purposes;
(4)
changed any applicable reservations described in—in the Lakeview Lodge Management Agreement, Red Willow Management Agreement, or Swanson Management Agreement, as applicable;
(A)
removed the Lakeview Lodge Management Agreement, Red Willow Management Agreement, or Swanson Management Agreement, as applicable; or
(B)
removed an applicable cabin permit;
(5)
changed 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, with respect to the applicable requested Federal land;party;
(6)
any permit, license, lease, right-of-use, flowage easement, 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)
changed as applicable, a deed restriction that prohibits building any new permanent structure on the applicable requested Federal 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)
changed Hold harmless— Hitchcock County, Frontier County, and any entity to which requested Federal land is subsequently conveyed pursuant to section 3(d)(2) 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, delineation of boundaries, conveyance documents, conveyance process, and recording of deeds associated with a conveyance 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 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)
added 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)
added Effect of failure to enter into title transfer agreement— 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 Permitted 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.

removed During the period beginning on the date of enactment of this Act and ending on the date of conveyance of requested Federal land under subsection (a) or (b) of section 3, 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.

Sec. 6 Compliance with other laws

removed
(a)
removed Environmental and historic preservation laws— Before conveying requested Federal land pursuant to subsection (a) or (b) of section 3, the Secretary shall carry out all activities with respect to the conveyance required under—
(1)
removed the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(2)
removed the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(3)
removed division A of subtitle III of title 54, United States Code; and
(4)
removed any other applicable laws.
(b)
removed Compliance by Counties— Effective on the date of conveyance of requested Federal land pursuant to subsection (a) or (b) of section 3, Hitchcock County and Frontier County shall comply with all applicable Federal, State, and local laws (including regulations) with respect to management of the conveyed requested Federal land, as applicable.