#aaeth ,,congress #b;d ,session ,in the ,house of ,representatives1 ,u4 ,s41 ,november #ac1 #bjah ,,amendment3 ,that the bill from the ,senate 7,s4 #ddj7 entitled ,an ,act to establish a procedure for the conveyance of certain ,federal property around the ,dickinson ,reservoir in the ,state of ,north ,dakota41 do pass with the following ,strike out all after the enacting clause and insert3 #a4 ,definitions ,in this ,act3 7#a7 ,department ,the term ,department means ,dickinson ,parks ,recreation in ,dickinson1 ,north ,dakota4 7#b7 ,dickinson reservoir ,the term ,dickinson ,reservoir means the ,dickinson ,reservoir constructed as part of the ,dickinson ,unit1 ,heart ,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#c7 ,game and fish headquarters ,the term game and fish headquarters means the approximately #aj acres of land depicted as ,game and ,fish ,headquarters on the ,map4 7#d7 ,management agreement ,the term ,management ,agreement means the management agreement entitled ,management ,agreement between the ,bureau of ,reclamation1 et al41 for the ,development1 ,management1 ,operation1 and ,maintenance of ,lands and ,recreation ,facilities at ,dickinson ,reservoir1 ,,ma ,no4 #jg;,,ag#fjbbbb1 ,modification ,no4 #a and dated ,march #ae1 #bjag4 7#e7 ,map ,the term ,map means the map prepared by the ,bureau of ,reclamation1 entitled ,dickinson ,reservoir1 and dated ,may #bjah4 7#f7 ,permitted cabin land ,the term permitted cabin land means the land depicted as ,permitted ,cabin ,land on the ,map4 7#g7 ,property ,the term property means any cabin site located on permitted cabin land for which a permit is in effect on the date of enactment of this ,act4 7#h7 ,recreation land ,the term recreation land means the land depicted as ,recreation and ,public ,purpose ,lands on the ,map4 7#i7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,commissioner of ,reclamation4 7#aj7 ,state ,the term ,state means the ,state of ,north ,dakota1 acting through the ,north ,dakota ,game and ,fish ,department4 #b4 ,conveyances to dickinson department of parks and recreation 7a7 ,conveyances to dickinson department of parks and recreation 7#a7 ,in general ,subject to the management requirements of paragraph 7#c7 and the easements and reservations under section #d1 not later than #e years after the date of enactment of this ,act1 the ,secretary shall convey to the ,department all right1 title1 and interest of the ,united ,states in and to-- 7,a7 the recreation land2 and 7,b7 the permitted cabin land4 7#b7 ,costs 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,secretary shall convey the land described in paragraph 7#a7 at no cost4 7,b7 ,title transfer2 land surveys ,as a condition of the conveyances under paragraph 7#a71 the ,department shall agree to pay all survey and other administrative costs necessary for the preparation and completion of any patents for1 and transfers of title to1 the land described in paragraph 7#a74 7#c7 ,management 7,a7 ,recreation land ,the ,department shall manage the recreation land conveyed under paragraph 7#a7-- 7i7 for recreation and public purposes consistent with the ,act of ,june #ad1 #aibf 7commonly known as the ,recreation and ,public ,purposes ,act7 7#dd ,stat4 #gda1 chapter #egh2 #dc ,u4,s4,c4 #hfi et seq472 7ii7 for public access2 7iii7 for fish and wildlife habitat2 or 7iv7 to preserve the natural character of the recreation land4 7,b7 ,permitted cabin land ,the ,department shall manage the permitted cabin land conveyed under paragraph 7#a7-- 7i7 for cabins or recreational residences in existence as of the date of enactment of this ,act2 or 7ii7 for any of the recreation land management purposes described in subparagraph 7,a74 7#d7 ,haying and grazing ,with respect to recreation land conveyed under paragraph 7#a7 that is used for haying or grazing authorized by the ,management ,agreement as of the date of enactment of this ,act1 the ,department may continue to permit haying and grazing in a manner that is permissible under the #a or more haying or grazing contracts in effect as of the date of enactment of this ,act4 7b7 ,reversion ,if a parcel of land conveyed under subparagraph 7,a7 or 7,b7 of subsection 7a77#a7 is used in a manner that is inconsistent with the requirements described in subparagraph 7,a7 or 7,b71 respectively1 of subsection 7a77#c71 the parcel of land shall1 at the discretion of the ,secretary1 revert to the ,united ,states4 7c7 ,sale of permitted cabin land by department 7#a7 ,in ,general ,if the ,department sells any parcel of permitted cabin land conveyed under subsection 7a77#a77;,b71 the parcel shall be sold at fair market value1 as determined by a third-party appraiser in accordance with the ,uniform ,standards of ,professional ,appraisal ,practice1 subject to paragraph 7#b74 7#b7 ,improvements ,for purposes of an appraisal conducted under paragraph 7#a71 any improvements on the permitted cabin land made by the permit holder shall not be included in the appraised value of the land4 7#c7 ,proceeds from the ,sale of ,land by the ,department ,if the ,department sells a parcel of permitted cabin land conveyed under subsection 7a77#a77;,b71 the ,department shall pay to the ,secretary the amount of any proceeds of the sale that exceed the costs of preparing the sale by the ,department4 7d7 ,availability of funds to the ,secretary ,any amounts paid to the ,secretary for land conveyed by the ,secretary under this ,act shall be made available to the ,secretary1 subject to the availability of appropriations made in advance1 for activities relating to the operation of the ,dickinson ,dam and ,reservoir4 #c4 ,conveyance of game and fish headquarters to the ,state 7a7 ,conveyance of game and fish headquarters ,not later than #e years after the date of enactment of this ,act1 the ,secretary shall convey to the ,state all right1 title1 and interest of the ,united ,states in and to the game and fish headquarters1 on the condition that the game and fish headquarters continue to be used as a game and fish headquarters or substantially similar purposes4 7b7 ,reversion ,if land conveyed under subsection 7a7 is used in a manner that is inconsistent with the requirements described in that subsection1 the land shall1 at the discretion of the ,secretary1 revert to the ,united ,states4 #d4 ,reservations1 easements1 and other outstanding rights 7a7 ,in general ,each conveyance to the ,department or the ,state pursuant to this ,act shall be made subject to-- 7#a7 valid existing rights2 7#b7 operational requirements of the ,pick-,sloan ,missouri ,river ,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 #ffe71 including the ,dickinson ,reservoir2 7#c7 any flowage easement reserved by the ,united ,states to allow full operation of ,dickinson ,reservoir for authorized purposes2 7#d7 reservations described in the ,management ,agreement2 7#e7 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#f7 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#g7 a deed restriction that prohibits building any new permanent structure on property below an elevation of #b1dcj4f feet2 and 7#h7 the granting of applicable easements for-- 7,a7 vehicular access to the property2 and 7,b7 access to1 and use of1 all docks1 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 ,act4 7b7 ,liability2 taking 7#a7 ,liability ,the ,united ,states shall not be liable for flood damage to a property subject to a permit1 the ,department1 or the ,state1 or for damages arising out of any act1 omission1 or occurrence relating to a permit holder1 the ,department1 or the ,state1 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 permit holder1 the ,department1 or the ,state1 shall not be considered to be a taking by the ,united ,states4 #e4 ,interim requirements ,during the period beginning on the date of enactment of this ,act and ending on the date of conveyance of a property or parcel of land under this ,act1 the provisions of the ,management ,agreement that are applicable to the property or land1 or to leases between the ,state and the ,secretary1 and any applicable permits1 shall remain in force and effect4 ,clerk4