,,ii  #aaeth ,,congress  #ast ,session  
,s4 #bjgd  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,november #b1  
#bjag ,mr4 ,hoeven introduced the       
following bill2 which was read twice and
 referred to the ,committee on ,energy  
and ,natural ,resources  ,a ,,bill  ,to 
establish a procedure for the conveyance
 of certain ,federal property around the
 ,jamestown ,reservoir in the ,state of 
,north ,dakota1 and for other purposes4 
#a4 ,jamestown ,reservoir land          
conveyances  7a7 ,definitions ,in this  
section3 7#a7 ,board ,the term ,board   
means ,stutsman ,county ,park ,board in 
,jamestown1 ,north ,dakota 7or a        
successor in interest to that entity74  
7#b7 ,federal land ,the term ,federal   
land means the approximately #d1did4cj  
acres of ,federal land-- 7,a7 associated
 with the ,jamestown ,reservoir2  7,b7  
managed by1 or subject to a permit of-- 
7i7 the ,board2  7ii7 the ,state2 or    
7iii7 a permittee2 and  7,c7 as         
generally described in the management   

agreement numbered #ae-,,lm-#fj-bbee and
 entitled ,management ,agreement between
 the ,bureau of ,reclamation1 et al41   
and the ,stutsman ,county ,park ,board  
for the ,development1 ,management1      
,operation1 and ,maintenance of ,lands  
and ,recreation ,facilities at          
,jamestown ,reservoir4  7#c7 ,jamestown 
,reservoir ,the term ,jamestown         
,reservoir means the ,jamestown         
,reservoir constructed as a unit of the 
,missouri-,souris ,division1            
,pick-,sloan ,missouri ,basin ,program1 
as authorized by section #i of the ,act 
of ,december #bb1 #aidd 7commonly known 
as the ,flood ,control ,act of #aidd7   
7#eh ,stat4 #hia1 chapter #ffe74  7#d7  
,permittee ,the term permittee means the
 holder 7or any successor in interest to
 the holder7 of a permit for a property4
  7#e7 ,property ,the term property     
means any cabin site located on ,federal
 land for which a permit is in effect on
 the date of enactment of this ,act4    
7#f7 ,secretary ,the term ,secretary    

means the ,secretary of the ,interior1  
acting through the ,commissioner of     
,reclamation4  7#g7 ,state ,the term    
,state means the ,state of ,north       
,dakota1 acting through the ,north      
,dakota ,game and ,fish ,department4    
7b7 ,purchase of property by permittee2 
transfers to ,board and ,state  7#a7    
,option ,the ,secretary shall provide to
 the permittee of a property the first  
option to purchase that property in     
accordance with paragraph 7#c7 for fair 
market value1 subject to the condition  
that the permittee shall pay to the     
,board any outstanding permit fees      
before the permittee may exercise the   
option to purchase4  7#b7 ,determination
 of fair market value  7,a7 ,in general 
,for purposes of this subsection1 the   
fair market value of a property shall be
 determined by the ,secretary--  7i7    
using a local1 third-party appraiser2   
7ii7 in accordance with-- 7,i7 the      
,uniform ,standards of ,professional    
,appraisal ,practice2 and  7,,ii7 the   

,uniform ,appraisal ,standards for      
,federal ,land ,acquisition2  7iii7 to  
the extent appropriate in accordance    
with the valuation policy of the        
,department of the ,interior2 and  7iv7 
valuing the property as unimproved      
residential property1 excluding all     
improvements4  7,b7 ,disputes ,any      
dispute regarding the fair market value 
of a property shall be resolved in      
accordance with section #bbja4d of title
 #dc1 ,code of ,federal ,regulations 7or
 successor regulations74  7#c7 ,purchase
  7,a7 ,in general ,on an election by a 
permittee to exercise the option to     
purchase a property pursuant to         
paragraph 7#a71 the ,secretary shall    
convey to the permittee1 for fair market
 value--  7i7 all right1 title1 and     
interest of the ,united ,states in and  
to the property1 subject to valid       
existing rights and the operational     
requirements of the ,jamestown          
,reservoir2 and  7ii7 sole use1         
perpetual easements for-- 7,i7 vehicular

 access to the property2  7,,ii7 access 
to1 and use of1 one or more docks for   
the property2  7,,iii7 access to1 and   
use of1 all boathouses1 ramps1 retaining
 walls1 and other improvements for which
 access is provided in the permit for   
use of the property as of the date of   
enactment of this ,act2 and  7,,iv7     
access to water for irrigation with a   
water service contract4  7,b7 ,period   
for conveyance ,the ,secretary shall    
convey to a permittee a property        
pursuant to subparagraph 7,a7 during the
 period--  7i7 beginning on the date of 
enactment of this ,act2 and  7ii7 ending
 on the date that is #e years after that
 date of enactment4  7#d7 ,transfers to 
,board and ,state  7,a7 ,failure to     
purchase  7i7 ,in general ,if a         
permittee fails to exercise the option  
to purchase a property under paragraph  
7#c7 by the date that is #e years after 
the date of enactment of this ,act1 the 
,secretary shall transfer the property  
to the ,board1 subject to clause 7ii71  

without cost4  7ii7 ,sale by ,board of  
transferred property ,if the ,board     
sells or enters into one or more        
agreements to sell a property           
transferred under clause 7i7 during the 
#c-year period beginning on the date of 
the transfer1 the ,board shall pay to   
the ,secretary all proceeds of the sale 
that are in excess of the costs of the  
,board4  7,b7 ,certain other land       
,effective beginning on the date that is
 #e years after the date of enactment of
 this ,act1 the ,secretary shall        
transfer--  7i7 to the ,board1 without  
cost1 ,federal land managed by the      
,board as of that date of enactment1 on 
which no cabin is located2 and  7ii7 to 
the ,state1 without cost1 land leased by
 the ,state as of that date of          
enactment4  7c7 ,oil1 gas1 mineral1 and 
other outstanding rights ,each          
conveyance to a permittee1 and each     
transfer to the ,board or ,state1       
pursuant to subsection 7b7 shall be made
 subject to--  7#a7 oil1 gas1 and other 

mineral rights reserved of record1 as of
 the date of enactment of this ,act1 by1
 or in favor of1 the ,united ,states or 
a third party2  7#b7 any permit1        
license1 lease1 right-of-use1 flowage   
easement1 or right-of-way of record in1 
on1 over1 or across the applicable      
property or ,federal land1 whether owned
 by the ,united ,states or a third      
party1 as of the date of enactment of   
this ,act2  7#c7 any reversion back to  
the ,united ,states of land 7other than 
land described in subsection            
7b77#d77;,a77i7 or land transferred     
under subsection 7b77#d77;,b77i7 that is
 designated by the ,secretary as a      
recreation area as of the date of       
enactment of this ,act7 transferred to  
the ,board or ,state under subsection   
7b71 if the applicable property is no   
longer used for the purpose of public   
access or recreation2 and  7#d7 any     
flowage easement reserved by the ,united
 ,states to allow full operation of     
,jamestown ,reservoir for authorized    

purposes4  7d7 ,liability2 taking  7#a7 
,liability ,the ,united ,states shall   
not be liable for flood damage to the   
property of a permittee1 the ,board1 or 
the ,state1 or for damages arising out  
of any act1 omission1 or occurrence     
relating to a lot to which a permit     
applies1 other than for damages caused  
by an act or omission of the ,united    
,states or an employee1 agent1 or       
contractor of the ,united ,states before
 the date of enactment of this ,act4    
7#b7 ,taking ,any temporary flooding or 
flood damage to the property of a       
permittee1 the ,board1 or the ,state1   
shall not be considered to be a taking  
by the ,united ,states4  7e7            
,requirements relating to conveyances   
and transfers  7#a7 ,interim            
requirements ,during the period         
beginning on the date of enactment of   
this ,act and ending on the date of     
conveyance or transfer of a property or 
land1 the provisions of the management  
agreement referred to in subsection     

7a77#b77;,c7 that are applicable to the 
property or land1 or to leases between  
the ,state and the ,secretary1 shall    
remain in force and effect4  7#b7 ,legal
 descriptions ,not later than #b years  
after the date of enactment of this     
,act1 the ,secretary1 in consultation   
with the ,board and the ,state1 shall   
provide to the ,board1 the ,state1 and  
each applicable permittee a legal       
description of all properties and land  
that may be conveyed or transferred     
pursuant to this section4  7#c7         
,restriction on conveyance ,effective   
beginning on the date of enactment of   
this ,act-- 7,a7 a permittee may not    
build any new permanent structure below 
a flood pool elevation of #a1ded feet2  
and  7,b7 if a permittee builds a       
structure described in subparagraph     
7,a71 the property of the permittee     
shall revert to the ,board4  7f7        
,proceeds from sales of ,federal land   
,any revenues from a sale of ,federal   
land pursuant to this section shall be  

made available to the ,secretary1       
without further appropriation1 for--    
7#a7 the costs to the ,secretary of     
carrying out this section1 including any
 costs of carrying out subsections      
7b77#b77;,a7 and 7e77#b72 and  7#b7     
deferred maintenance activities relating
 to the operation of the dam in the     
,jamestown ,reservoir4