,,ii  #aaeth ,,congress  #ast ,session  
,s4 #ddj  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,february #ag       
7legislative day1 ,february #af71       
#bjag,mr4 ,hoeven 7for himself and ,ms4 
,heitkamp7 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
 ,dickinson ,reservoir in the ,state of 
,north ,dakota4  #a4 ,patterson ,lake   
land conveyances  7a7 ,definitions ,in  
this section3 7#a7 ,department ,the term
 ,department means ,dickinson ,parks    
,recreation in ,dickinson1 ,north       
,dakota 7or a successor in interest to  
that entity74  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  
,permittee ,the term permittee means the
 holder of a permit for a property4     
7#d7 ,property ,the term property means 
any one of the cabin sites located on   
,federal property around the ,dickinson 
,reservoir for which a permit is in     
effect on the date of enactment of this 
,act4  7#e7 ,secretary ,the term        
,secretary means the ,secretary of the  
,interior1 acting through the           
,commissioner of ,reclamation4  7b7     
,purchase of property by permittee2     
transfers to ,department  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 ,department 
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 a local1 third-party      
appraiser1 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 rights2 and   
7ii7 easements for-- 7,i7 vehicular     
access to the property2  7,,ii7 access  
to1 and use of1 a dock for the property2
 and  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 ,act4  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 #b years after that date of
 enactment4  7#d7 ,transfers to         
,department  7,a7 ,failure to purchase  
,if a permittee fails to exercise the   
option to purchase a property under     
paragraph 7#c7 by the date that is #b   
years after the date of enactment of    
this ,act1 the ,secretary shall transfer
 the property to the ,department1       
without cost4  7,b7 ,certain other land 
,effective beginning on the date that is
 #b years after the date of enactment of
 this ,act1 the ,secretary shall        
transfer to the ,department1 without    
cost1 land managed by the ,department as

 of the date of enactment1 on which no  
cabin is located4  7c7 ,oil1 gas1       
mineral1 and other outstanding rights   
,each conveyance to a permittee1 and    
each transfer to the ,department1       
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 a third party2 and     
7#b7 any permit1 license1 lease1        
right-of-use1 or right-of-way of record 
in1 on1 over1 or across the applicable  
property or land that is outstanding to 
a third party as of the date of         
enactment of this ,act4  7d7 ,liability2
 taking  7#a7 ,liability ,the ,united   
,states shall not be liable for flood   
damage to the personal property of a    
permittee 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 personal property of
 a permittee 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 document    
entitled ,management ,agreement between 
the ,bureau of ,reclamation1 et al41 for
 the ,development1 ,management1         
,operation1 and ,maintenance of ,lands  
and ,recreation ,facilities at          
,dickinson ,reservoir that are          
applicable to the property or land shall
 remain in force and effect4  7#b7      
,legal descriptions ,not later than #ahj
 days after the date of enactment of    
this ,act1 the ,secretary1 in           
consultation with the ,department1 shall

 provide to the ,department 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 
an elevation of #b1dcj feet2 and  7,b7  
if a permittee builds a structure       
described in subparagraph 7,a71 the     
property of the permittee shall revert  
to the ,department4  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     
section2 and  7#b7 deferred maintenance 
activities relating to the operation of 
the dam in the ,dickinson ,reservoir4