,,ii #aahth ,,congress #b;d ,session ,h4 ,r4 #hdac ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #i1 #bjbd,received ,,an ,,act ,to provide for the conveyance of certain ,federal land at ,swanson ,reservoir and ,hugh ,butler ,reservoir in the ,state of ,nebraska1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,swanson and ,hugh ,butler ,reservoirs ,land ,conveyances ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,fair market value ,the term fair market value1 with respect to a specified property right1 means the most probable price1 as of a specified date1 in cash1 terms equivalent to cash1 or other precisely revealed terms1 for which the specified property right should sell after reasonable exposure in a competitive market under all conditions requisite for a fair sale1 with the buyer and seller each acting prudently1 knowledgeably1 and in the self-interest of the buyer or seller1 as applicable1 and assuming that the buyer and seller are not under undue duress4 7#b7 ,frontier ,county ,the term ,frontier ,county means ,frontier ,county1 ,nebraska1 acting through the ,board of ,commissioners of ,frontier ,county4 7#c7 ,hitchcock ,county ,the term ,hitchcock ,county means ,hitchcock ,county1 ,nebraska1 acting through the ,board of ,commissioners of ,hitchcock ,county4 7#d7 ,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 ,program1 ,frenchman-,cambridge ,division1 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#e7 ,lakeview ,lodge ,management ,agreement ,the term ,lakeview ,lodge ,management ,agreement means the management agreement entitled ,management ,agreement between the ,bureau of ,reclamation1 et al41 for the ,development1 ,operation1 and ,maintenance of a ,concession ,operation at ,swanson ,reservoir1 ,nebraska1 numbered #bc-,,lm-#fj-dafj1 and dated ,november #a1 #bjbc4 7#f7 ,lakeview ,lodge ,permitted ,concession ,land ,the term ,lakeview ,lodge ,permitted ,concession ,land means the approximately #ba4e acres of land and water for the operation of a public concession at ,swanson ,reservoir1 as generally depicted on the map prepared by the ,bureau of ,reclamation entitled ,lakeview ,lodge ,concession ,boundary and dated ,august #bjbc4 7#g7 ,red ,willow ,management ,agreement ,the term ,red ,willow ,management ,agreement means the management agreement entitled ,management ,agreement between the ,bureau of ,reclamation1 et al41 for the ,development1 ,management1 ,operation1 and ,maintenance of a ,concession ,operation at ,hugh ,butler ,reservoir1 ,nebraska1 numbered #bd-,,lm-#fj-eaee1 and dated ,march #g1 #bjbd4 7#h7 ,red ,willow ,permitted ,cabin ,land ,the term ,red ,willow ,permitted ,cabin ,land means the approximately #f4e acres of land encompassing the #h permitted cabin lots at the ,hugh ,butler ,reservoir1 as generally depicted on the map prepared by the ,bureau of ,reclamation entitled ,red ,willow ,cabin ,map and dated ,march #bjbd4 7#i7 ,red ,willow ,permitted ,concession ,land ,the term ,red ,willow ,permitted ,concession ,land means the approximately #bc acres of land and water for the operation of a public service concession at the ,hugh ,butler ,reservoir1 as generally depicted on the map prepared by the ,bureau of ,reclamation entitled ,red ,willow ,concession ,boundary and dated ,august #bjbc4 7#aj7 ,requested ,federal land ,the term requested ,federal land means each of the following parcels of land1 or any subset of those parcels1 with respect to which a title transfer agreement is executed3 7,a7 ,the ,lakeview ,lodge ,permitted ,concession ,land4 7,b7 ,the ,red ,willow ,permitted ,cabin ,land4 7,c7 ,the ,red ,willow ,permitted ,concession ,land4 7,d7 ,the ,swanson ,permitted ,cabin ,land4 7,e7 ,the ,swanson ,permitted ,concession ,land4 7#aa7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,commissioner of ,reclamation4 7#ab7 ,state ,the term ,state means the ,state of ,nebraska4 7#ac7 ,swanson ,management ,agreement ,the term ,swanson ,management ,agreement means the management agreement entitled ,management ,agreement between the ,bureau of ,reclamation1 et al41 for the ,development1 ,management1 ,operation1 and ,maintenance of a ,concession ,operation at ,swanson ,reservoir1 ,nebraska1 numbered #bd-,,lm-#fj-eaed1 and dated ,april #ai1 #bjbd4 7#ad7 ,swanson ,permitted ,cabin ,land ,the term ,swanson ,permitted ,cabin ,land means the approximately #f4b acres of land encompassing the #aa permitted cabin lots at the ,swanson ,reservoir1 as generally depicted on the map prepared by the ,bureau of ,reclamation entitled ,swanson ,cabin ,map and dated ,march #bjbd4 7#ae7 ,swanson ,permitted ,concession ,land ,the term ,swanson ,permitted ,concession ,land means the approximately #bj acres of land and water for the operation of a public service concession at the ,swanson ,reservoir1 as generally depicted on the map prepared by the ,bureau of ,reclamation entitled ,swanson ,concession ,boundary and dated ,august #bjbc4 7#af7 ,swanson ,reservoir ,the term ,swanson ,reservoir means the ,swanson ,reservoir and ,trenton ,dam constructed as part of the ,pick-,sloan ,missouri ,basin ,program1 ,frenchman-,cambridge ,division1 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#ag7 ,title transfer agreement ,the term title transfer agreement means a title transfer agreement entered into under section #c7;a77#a7 between the ,secretary and ,frontier ,county or ,hitchcock ,county1 as applicable1 that establishes the legal1 institutional1 and financial terms for the conveyance of the applicable requested ,federal land4 #c4 ,conveyances of ,federal land to ,hitchcock ,county and ,frontier ,county1 ,nebraska 7a7 ,conveyances to ,hitchcock ,county and ,frontier ,county 7#a7 ,title transfer agreement ,subject to paragraphs 7#b7 and 7#e7 and sections #d and #e1 not later than #c years after the date of enactment of this ,act1 the ,secretary shall make good faith efforts to enter into negotiations for1 and enter into1 title transfer agreements with each of ,hitchcock ,county and ,frontier ,county-- 7,a7 under which the ,secretary shall convey to ,hitchcock ,county or ,frontier ,county1 as applicable1 all requested right1 title1 and interest of the ,united ,states in and to the applicable requested ,federal land2 7,b7 that provides that1 as a condition of the conveyance1 the applicable requested ,federal land-- 7i7 shall be conveyed in whole2 and 7ii7 shall not be subdivided2 and 7,c7 that provides a plan for-- 7i7 a demonstration of-- 7,i7 the technical capability of ,hitchcock ,county or ,frontier ,county1 as applicable1 to operate and maintain the applicable requested ,federal land permanently2 and 7,,ii7 the ability of ,hitchcock ,county or ,frontier ,county1 as applicable1 to satisfy financial obligations relating to the applicable requested ,federal land2 and 7ii7 the management by ,hitchcock ,county or ,frontier ,county1 as applicable1 of the applicable requested ,federal land to be conveyed in accordance with the applicable title transfer agreement1 including addressing any issues to ensure compliance with applicable ,state fire1 safety1 and health codes and standards not later than #b years after the date of the applicable conveyance4 7#b7 ,requirement ,notwithstanding section #hjjb7c77;,b7 of the ,john ,d4 ,dingell1 ,jr4 ,conservation1 ,management1 and ,recreation ,act 7#dc ,u4,s4,c4 #bijb7c77;,b771 the ,secretary shall negotiate the title transfer agreement under paragraph 7#a7 in accordance with the criteria1 terms1 and conditions described in subtitle ,a of title ,,viii of that ,act 7#dc ,u4,s4,c4 #bija et seq474 7#c7 ,offer to convey ,as soon as practicable after the date on which a title transfer agreement is entered into pursuant to paragraph 7#a71 the ,secretary shall offer to convey to ,hitchcock ,county or ,frontier ,county1 as applicable1 all right1 title1 and interest of the ,united ,states in and to the applicable requested ,federal land1 in accordance with the terms and conditions described in the applicable title transfer agreement4 7#d7 ,costs 7,a7 ,consideration 7i7 ,in general ,as consideration for the conveyance of the applicable requested ,federal land under paragraph 7#c71 ,hitchcock ,county or ,frontier ,county1 as applicable1 shall pay to the ,secretary1 for use in accordance with clause 7iii71 an amount equal to the fair market value of the applicable requested ,federal land1 as determined by an appraisal conducted-- 7,i7 in accordance with clause 7ii72 7,,ii7 by a third-party appraiser approved by the ,secretary2 and 7,,iii7 subject to the management requirements under paragraph 7#e7 and section #d4 7ii7 ,appraisal requirements 7,i7 ,in general ,an appraisal under clause 7i7 shall be conducted in accordance with the ,uniform ,standards of ,professional ,appraisal ,practice4 7,,ii7 ,improvements ,for purposes of clause 7i71 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 land4 7,,iii7 ,resolution of dispute ,any dispute over the fair market value of the applicable requested ,federal land under an appraisal conducted under clause 7i7 shall be resolved in accordance with section #bbja4d of title #dc1 ,code of ,federal ,regulations 7or a successor regulation74 7,,iv7 ,consideration of revenues ,an appraisal under clause 7i7 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 conveyance1 including revenues to the ,united ,states-- 7aa7 from existing water service and repayment contracts2 7bb7 from known or reasonably foreseeable new contracts or renewals2 7cc7 as aid to irrigation2 and 7dd7 from any other authorized source4 7iii7 ,use ,amounts paid under clause 7i7 shall be available to the ,secretary1 subject to further appropriation1 for activities relating to the operation of the ,hugh ,butler ,reservoir and ,swanson ,reservoir4 7,b7 ,conveyance costs ,as a condition of a conveyance under paragraph 7#c71 ,hitchcock ,county or ,frontier ,county1 as applicable1 shall be responsible for paying1 in advance of the conveyance of the applicable requested ,federal land1 all survey and other administrative costs1 as determined to be necessary by the ,secretary1 for the preparation and completion of transfer of title to1 the applicable requested ,federal land4 7#e7 ,management ,hitchcock ,county and ,frontier ,county shall each manage the applicable requested ,federal land conveyed to ,hitchcock ,county or ,frontier ,county1 as applicable1 under paragraph 7#c7-- 7,a7 for substantially the same purposes for which the applicable requested ,federal land is being used as of the date of enactment of this ,act2 or 7,b7 for-- 7i7 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 public access2 7iii7 fish and wildlife habitat2 or 7iv7 the preservation of the natural character of the applicable requested ,federal land4 7b7 ,subsequent conveyance of requested ,federal land 7#a7 ,in general ,except as provided in paragraph 7#b71 on completion of a conveyance to ,hitchcock ,county or ,frontier ,county1 as applicable1 of the applicable requested ,federal land under subsection 7a71 ,hitchcock ,county or ,frontier ,county1 as applicable1 may not subsequently reconvey the applicable requested ,federal land4 7#b7 ,exceptions ,notwithstanding paragraph 7#a71 ,hitchcock ,county or ,frontier ,county1 as applicable1 may subsequently convey the applicable requested ,federal land if-- 7,a7 the applicable requested ,federal land is reconveyed1 at no cost1 to an entity located in the ,state that is recognized by the ,state as a publicly owned or governmental organization1 including-- 7i7 a ,state agency2 7ii7 a county1 city1 village1 or township in1 or political subdivision of1 the ,state2 7iii7 a natural resource district2 and 7iv7 an irrigation or reclamation district2 7,b7 ,hitchcock ,county or ,frontier ,county1 as applicable1 has demonstrated an impending adverse impact if the applicable requested ,federal land is not reconveyed2 7,c7 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 ,act2 and 7,d7 the applicable requested ,federal land to be reconveyed would continue to be available for public access4 7#c7 ,future conveyances ,a subsequent conveyance of requested ,federal land shall be subject to the requirements of this subsection and subsection 7a77#e74 #d4 ,effect on reservations1 easements1 and other rights 7a7 ,in general ,a conveyance under section #c7;a7 shall be subject to-- 7#a7 valid existing rights2 7#b7 operational requirements of the ,pick-,sloan ,missouri ,river ,basin ,program 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 ,swanson ,reservoir and ,hugh ,butler ,reservoir2 7#c7 any flowage easement reserved by the ,united ,states to allow full operation of the ,swanson ,reservoir and ,hugh ,butler ,reservoir1 as applicable1 for authorized purposes2 7#d7 any applicable reservations described in the ,lakeview ,lodge ,management ,agreement1 ,red ,willow ,management ,agreement1 or ,swanson ,management ,agreement1 as applicable2 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 requested ,federal land1 whether owned by the ,united ,states or a third party1 as of the date of enactment of this ,act2 7#g7 as applicable1 a deed restriction that prohibits building any new permanent structure on the applicable requested ,federal land below an elevation of-- 7,a7 #b1ghe feet at ,swanson ,reservoir2 or 7,b7 #b1fbh feet at ,hugh ,butler ,reservoir2 and 7#h7 the granting of applicable easements for-- 7,a7 vehicular access to the applicable requested ,federal land2 and 7,b7 access to1 and use of1 all docks1 boathouses1 ramps1 retaining walls1 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 ,act4 7b7 ,liability2 taking 7#a7 ,liability ,the ,united ,states shall not be liable for flood damage to a property1 ,hitchcock ,county1 or ,frontier ,county1 or for damages arising out of any act1 omission1 or occurrence relating to a permit holder1 ,hitchcock ,county1 or ,frontier ,county1 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 ,hold harmless ,hitchcock ,county1 ,frontier ,county1 and any entity to which requested ,federal land is subsequently conveyed pursuant to section #c7;b77#b7 shall agree to indemnify and hold harmless the ,unites ,states for all claims by ,hitchcock ,county1 ,frontier ,county1 or others arising from-- 7,a7 the design1 construction1 operation1 maintenance1 or replacement of ,red ,willow ,dam1 ,hugh ,butler ,reservoir1 ,trenton ,dam1 or ,swanson ,reservoir2 7,b7 the survey of claims1 description of claims1 delineation of boundaries1 conveyance documents1 conveyance process1 and recording of deeds associated with a conveyance under this ,act2 or 7,c7 any damages associated with a structure or land that may be displaced in a flood event4 7#c7 ,no additional liability ,nothing in this ,act increases the liability of the ,united ,states beyond the liability provided under chapter #aga of title #bh1 ,united ,states ,code 7commonly known as the ,federal ,tort ,claims ,act74 7#d7 ,taking ,any temporary flooding or flood damage to a property1 ,hitchcock ,county1 or ,frontier ,county1 shall not be considered to be a taking by the ,united ,states4 #e4 ,interim requirements 7a7 ,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 #c years after the date of enactment of this ,act or the date of conveyance of the applicable requested ,federal land under section #c7;a71 the provisions of the ,lakeview ,lodge ,management ,agreement1 ,red ,willow ,management ,agreement1 and ,swanson ,management ,agreement1 as applicable1 and any applicable permits1 shall remain in force and effect4 7b7 ,effect of failure to enter into title transfer agreement ,if1 by the date that is #c years after the date of enactment of this ,act1 ,hitchcock ,county or ,frontier ,county1 as applicable1 have not entered into a title transfer agreement with the ,secretary under section #c7;a77#a71 the ,secretary shall manage any of the ,lakeview ,lodge ,permitted ,concession ,land1 the ,red ,willow ,permitted ,cabin ,land1 the ,red ,willow ,permitted ,concession ,land1 the ,swanson ,permitted ,cabin ,land1 and the ,swanson ,permitted ,concession ,land1 as applicable1 that is not subject to a title transfer agreement in accordance with applicable law4 ,passed the ,house of ,representatives ,december #e1 #bjbd4,kevin ,f4 ,mc,cumber1,clerk4