[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4347 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4347
To provide for the conveyance of certain Federal land at Swanson
Reservoir and Hugh Butler Reservoir in the State of Nebraska, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2024
Mrs. Fischer (for herself, Mr. Ricketts, Mr. Marshall, and Mr. Moran)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To provide for the conveyance of certain Federal land at Swanson
Reservoir and Hugh Butler Reservoir in the State of Nebraska, 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. SHORT TITLE.
This Act may be cited as the ``Swanson and Hugh Butler Reservoirs
Land Conveyances Act''.
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) 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'',
numbered 23-LM-60-4160, and dated March 1, 2022.
(6) 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--
(A) located in the NE\1/4\NE\1/4\ sec. 9, T. 2 N.,
R. 34 W., sixth principal meridian;
(B) as generally depicted on the map prepared by
the Bureau of Reclamation entitled ``Lakeview Lodge
Concession Boundary'' and dated August 2023; and
(C) as further defined by a land survey, as the
Secretary determines to be appropriate.
(7) Property.--The term ``property'' means any cabin or
trailer site--
(A) with respect to which a permit is in effect on
the date of enactment of this Act; and
(B) that is located on--
(i) the Lakeview Lodge Permitted Concession
Land;
(ii) the Red Willow Permitted Cabin Land;
(iii) the Red Willow Permitted Concession
Land;
(iv) the Swanson Permitted Cabin Land; or
(v) the Swanson Permitted Concession Land.
(8) Red willow management agreement.--The term ``Red Willow
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 Hugh Butler
Reservoir'', numbered 24-LM-60-5155, and dated May 1, 2024.
(9) Red willow permitted cabin land.--The term ``Red Willow
Permitted Cabin Land'' means the approximately 6.5 acres of
land encompassing the 8 permitted cabin lots at the Hugh Butler
Reservoir--
(A) located in the S\1/2\ sec. 35, T. 5 N., R. 30
W., sixth principal meridian;
(B) as generally depicted on the map prepared by
the Bureau of Reclamation entitled ``Red Willow Cabin
Map'' and dated March 2024; and
(C) as further defined by a land survey, as the
Secretary determines to be appropriate.
(10) 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) located in the E\1/2\ sec. 25, T. 5 N., R. 30
W., sixth principal meridian;
(B) as generally depicted on the map prepared by
the Bureau of Reclamation entitled ``Red Willow
Concession Boundary'' and dated August 2023; and
(C) as further defined by a land survey, as the
Secretary determines to be appropriate.
(11) 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) The Lakeview Lodge Permitted Concession Land.
(B) The Red Willow Permitted Cabin Land.
(C) The Red Willow Permitted Concession Land.
(D) The Swanson Permitted Cabin Land.
(E) The Swanson Permitted Concession Land.
(12) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(13) State.--The term ``State'' means the State of
Nebraska.
(14) 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 Concession Operation at Swanson Reservoir'',
numbered 23-LM-60-4170, and dated May 1, 2023.
(15) Swanson permitted cabin land.--The term ``Swanson
Permitted Cabin Land'' means the approximately 6.2 acres of
land encompassing the 11 permitted cabin lots at the Swanson
Reservoir--
(A) located in the N\1/2\ sec. 18, S\1/2\ sec. 7,
T. 2 N., R. 33 W., sixth principal meridian;
(B) as generally depicted on the map prepared by
the Bureau of Reclamation entitled ``Swanson Cabin
Map'' and dated March 2024; and
(C) as further defined by a land survey, as the
Secretary determines to be appropriate.
(16) 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) located in the N\1/2\ sec. 17, T. 2 N., R. 33
W., sixth principal meridian;
(B) as generally depicted on the map prepared by
the Bureau of Reclamation entitled ``Swanson Concession
Boundary'' and dated August 2023; and
(C) as further defined by a land survey, as the
Secretary determines to be appropriate.
(17) 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).
(18) 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) Conveyance to Hitchcock County.--
(1) 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 Hitchcock County under which the Secretary shall
convey to 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.
(2) 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) shall be conveyed in whole; and
(B) shall not be subdivided.
(3) 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) Memorandum of agreement.--
(A) 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) Requirement.--The memorandum of agreement
entered into under subparagraph (A) shall include the
establishment of a plan for--
(i) the demonstration by Hitchcock County
of--
(I) 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) 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) 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) Costs.--
(A) Consideration.--
(i) 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) in accordance with clause (ii);
(II) by a third-party appraiser
approved by the Secretary; and
(III) subject to the management
requirements under paragraph (6) and
section 4.
(ii) Appraisal requirements.--
(I) In general.--An appraisal under
clause (i) shall be conducted in
accordance with the Uniform Standards
of Professional Appraisal Practice.
(II) 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) 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) 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) from existing water
service and repayment
contracts;
(bb) from known or
reasonably foreseeable new
contracts or renewals;
(cc) as aid to irrigation;
and
(dd) from any other
authorized source.
(B) Conveyance costs.--
(i) 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) Inclusions.--Conveyance costs under
clause (i) may include--
(I) any transaction, survey, and
administrative costs necessary for the
preparation and completion of transfer
of title;
(II) the costs of legal instruments
and deeds;
(III) 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) the costs of any other
conveyance procedures determined to be
necessary by the Secretary.
(6) 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) 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) for--
(i) 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) public access;
(iii) fish and wildlife habitat; or
(iv) the preservation of the natural
character of the Swanson Permitted Cabin Land,
Swanson Permitted Concession Land, or Lakeview
Lodge Permitted Concession Land, respectively.
(b) Conveyance to Frontier County.--
(1) 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) 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--
(A) shall be conveyed in whole; and
(B) shall not be subdivided.
(3) 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) Memorandum of agreement.--
(A) 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) Requirement.--The memorandum of agreement
entered into under subparagraph (A) shall include the
establishment of a plan for--
(i) the demonstration by Frontier County
of--
(I) 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) 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) 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) Costs.--
(A) Consideration.--
(i) 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) in accordance with clause (ii);
(II) by a third-party appraiser
approved by the Secretary; and
(III) subject to the management
requirements under paragraph (6) and
section 4.
(ii) Appraisal requirements.--
(I) In general.--An appraisal under
clause (i) shall be conducted in
accordance with the Uniform Standards
of Professional Appraisal Practice.
(II) 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) 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) 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) from existing water
service and repayment
contracts;
(bb) from known or
reasonably foreseeable new
contracts or renewals;
(cc) as aid to irrigation;
and
(dd) from any other
authorized source.
(B) Conveyance costs.--
(i) 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) Inclusions.--Conveyance costs under
clause (i) may include--
(I) any transaction, survey, and
administrative costs necessary for the
preparation and completion of transfer
of title;
(II) the costs of legal instruments
and deeds;
(III) 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) the costs of any other
conveyance procedures determined to be
necessary by the Secretary.
(6) 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) 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) for--
(i) 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) public access;
(iii) fish and wildlife habitat; or
(iv) the preservation of the natural
character of the Red Willow Permitted Cabin
Land or Red Willow Permitted Concession Land,
respectively.
(c) 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) Subsequent Conveyance of Requested Federal Land.--
(1) 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) Exceptions.--Notwithstanding paragraph (1), Hitchcock
County or Frontier County may subsequently convey requested
Federal land if--
(A) 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) a State agency;
(ii) a county, city, village, or township
in, or political subdivision of, the State;
(iii) a natural resource district; and
(iv) an irrigation or reclamation district;
(B) Hitchcock County or Frontier County,
respectively, has demonstrated an impending adverse
impact if the requested Federal land is not reconveyed;
(C) 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) the requested Federal land to be reconveyed
would continue to be available for public access.
(3) 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) In General.--A conveyance under subsection (a) or (b) of
section 3 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) any flowage easement reserved by the United States to
allow full operation of the Swanson Reservoir and Hugh Butler
Reservoir for authorized purposes, as applicable;
(4) any applicable reservations described in--
(A) the Lakeview Lodge Management Agreement, Red
Willow Management Agreement, or Swanson Management
Agreement, as applicable; or
(B) an applicable cabin permit;
(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, with respect to the
applicable requested Federal land;
(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) 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) Hold harmless.--Hitchcock County, Frontier County, and
any entity to which requested Federal land is subsequently
conveyed pursuant to section 3(d)(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.
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.
(a) 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) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(3) division A of subtitle III of title 54, United States
Code; and
(4) any other applicable laws.
(b) 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.
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