[118th Congress Public Law 185]
[From the U.S. Government Publishing Office]
[[Page 138 STAT. 2629]]
Public Law 118-185
118th Congress
An Act
To provide for the conveyance of certain <<NOTE: Dec. 23, 2024 - [H.R.
8413]>> 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, <<NOTE: Swanson and Hugh
Butler Reservoirs Land Conveyances Act.>>
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,
Nebraska'', numbered 23-LM-60-4160, and dated November 1, 2023.
(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, as generally
[[Page 138 STAT. 2630]]
depicted on the map prepared by the Bureau of Reclamation
entitled ``Lakeview Lodge Concession Boundary'' and dated August
2023.
(7) 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, Nebraska'',
numbered 24-LM-60-5155, and dated March 7, 2024.
(8) 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, as generally depicted on the map prepared by the
Bureau of Reclamation entitled ``Red Willow Cabin Map'' and
dated March 2024.
(9) 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, as generally depicted
on the map prepared by the Bureau of Reclamation entitled ``Red
Willow Concession Boundary'' and dated August 2023.
(10) 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.
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of Reclamation.
(12) State.--The term ``State'' means the State of Nebraska.
(13) 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) 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, as generally depicted on the map prepared by the
Bureau of Reclamation entitled ``Swanson Cabin Map'' and dated
March 2024.
(15) 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, as generally depicted on the map
prepared by the Bureau of Reclamation entitled ``Swanson
Concession Boundary'' and dated August 2023.
[[Page 138 STAT. 2631]]
(16) 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) 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.
SEC. 3. CONVEYANCES OF FEDERAL LAND TO HITCHCOCK COUNTY AND
FRONTIER COUNTY, NEBRASKA.
(a) Conveyances to Hitchcock County and Frontier County.--
(1) <<NOTE: Deadline. Negotiations.>> Title transfer
agreement.--Subject to paragraphs (2) and (5) and sections 4 and
5, not later than 3 years after the date of enactment of this
Act, the Secretary shall make good faith efforts to enter into
negotiations for, and enter into, title transfer agreements with
each of Hitchcock County and Frontier County--
(A) 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) that provides that, as a condition of the
conveyance, the applicable requested Federal land--
(i) shall be conveyed in whole; and
(ii) shall not be subdivided; and
(C) <<NOTE: Plan.>> that provides a plan for--
(i) a demonstration of--
(I) the technical capability of
Hitchcock County or Frontier County, as
applicable, to operate and maintain the
applicable requested Federal land
permanently; and
(II) the ability of Hitchcock County
or Frontier County, as applicable, to
satisfy financial obligations relating
to the applicable requested Federal
land; and
(ii) <<NOTE: Deadline.>> 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) <<NOTE: Negotiations.>> 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.).
[[Page 138 STAT. 2632]]
(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 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) Costs.--
(A) Consideration.--
(i) <<NOTE: Payment. Determination. Appraisal.>> 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--
(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 (5) 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) 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) 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) 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--
(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.
(iii) 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) 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
[[Page 138 STAT. 2633]]
determined to be necessary by the Secretary, for the
preparation and completion of transfer of title to, the
applicable requested Federal land.
(5) 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) 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) 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 applicable requested Federal land.
(b) 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 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) Exceptions.--Notwithstanding paragraph (1), Hitchcock
County or Frontier County, as applicable, may subsequently
convey the applicable requested Federal land if--
(A) 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--
(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, as
applicable, has demonstrated an impending adverse impact
if the applicable requested Federal land is not
reconveyed;
(C) 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) the applicable 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 subsection (a)(5).
SEC. 4. EFFECT ON RESERVATIONS, EASEMENTS, AND OTHER RIGHTS.
(a) In General.--A conveyance under section 3(a) shall be subject
to--
(1) valid existing rights;
[[Page 138 STAT. 2634]]
(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, as applicable, for authorized purposes;
(4) <<NOTE: Applicability.>> any applicable reservations
described in the Lakeview Lodge Management Agreement, Red Willow
Management Agreement, or Swanson Management Agreement, as
applicable;
(5) <<NOTE: Effective date.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Applicability.>> 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(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
[[Page 138 STAT. 2635]]
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. <<NOTE: Deadlines.>> INTERIM REQUIREMENTS.
(a) <<NOTE: Time periods. Effective date.>> 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) 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.
Approved December 23, 2024.
LEGISLATIVE HISTORY--H.R. 8413 (S. 4347):
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HOUSE REPORTS: No. 118-735 (Comm. on Natural Resources).
CONGRESSIONAL RECORD, Vol. 170 (2024):
Dec. 5, considered and passed House.
Dec. 16, considered and passed Senate.
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