[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4347 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4347
To provide for the conveyance of certain Federal land at Swanson
Reservoir and Hugh Butler Reservoir in the State of Nebraska, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2024
Mrs. Fischer (for herself, Mr. Ricketts, Mr. Marshall, and Mr. Moran)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To provide for the conveyance of certain 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,
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'',
numbered 23-LM-60-4160, and dated March 1, 2022.
(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--
(A) located in the NE\1/4\NE\1/4\ sec. 9, T. 2 N.,
R. 34 W., sixth principal meridian;
(B) as generally depicted on the map prepared by
the Bureau of Reclamation entitled ``Lakeview Lodge
Concession Boundary'' and dated August 2023; and
(C) as further defined by a land survey, as the
Secretary determines to be appropriate.
(7) Property.--The term ``property'' means any cabin or
trailer site--
(A) with respect to which a permit is in effect on
the date of enactment of this Act; and
(B) that is located on--
(i) the Lakeview Lodge Permitted Concession
Land;
(ii) the Red Willow Permitted Cabin Land;
(iii) the Red Willow Permitted Concession
Land;
(iv) the Swanson Permitted Cabin Land; or
(v) the Swanson Permitted Concession Land.
(8) 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'', numbered 24-LM-60-5155, and dated May 1, 2024.
(9) 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--
(A) located in the S\1/2\ sec. 35, T. 5 N., R. 30
W., sixth principal meridian;
(B) as generally depicted on the map prepared by
the Bureau of Reclamation entitled ``Red Willow Cabin
Map'' and dated March 2024; and
(C) as further defined by a land survey, as the
Secretary determines to be appropriate.
(10) 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--
(A) located in the E\1/2\ sec. 25, T. 5 N., R. 30
W., sixth principal meridian;
(B) as generally depicted on the map prepared by
the Bureau of Reclamation entitled ``Red Willow
Concession Boundary'' and dated August 2023; and
(C) as further defined by a land survey, as the
Secretary determines to be appropriate.
(11) 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.
(12) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(13) State.--The term ``State'' means the State of
Nebraska.
(14) 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 Concession Operation at Swanson Reservoir'',
numbered 23-LM-60-4170, and dated May 1, 2023.
(15) 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--
(A) located in the N\1/2\ sec. 18, S\1/2\ sec. 7,
T. 2 N., R. 33 W., sixth principal meridian;
(B) as generally depicted on the map prepared by
the Bureau of Reclamation entitled ``Swanson Cabin
Map'' and dated March 2024; and
(C) as further defined by a land survey, as the
Secretary determines to be appropriate.
(16) 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--
(A) located in the N\1/2\ sec. 17, T. 2 N., R. 33
W., sixth principal meridian;
(B) as generally depicted on the map prepared by
the Bureau of Reclamation entitled ``Swanson Concession
Boundary'' and dated August 2023; and
(C) as further defined by a land survey, as the
Secretary determines to be appropriate.
(17) 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).
(18) Title transfer agreement.--The term ``title transfer
agreement'' means a title transfer agreement between the
Secretary and Frontier County or Hitchcock County, as
applicable, entered into pursuant to a memorandum of agreement
to determine the legal, institutional, and financial terms for
the conveyance of the Lakeview Lodge Permitted Concession Land,
Red Willow Permitted Cabin Land, Red Willow Permitted
Concession Land, Swanson Permitted Cabin Land, or Swanson
Permitted Concession Land, as applicable.
SEC. 3. CONVEYANCES OF FEDERAL LAND TO HITCHCOCK COUNTY AND FRONTIER
COUNTY, NEBRASKA.
(a) Conveyance to Hitchcock County.--
(1) Title transfer agreement.--Subject to paragraphs (2)
and (6) and sections 4 and 5, not later than 3 years after the
date of enactment of this Act, the Secretary shall enter into
good faith negotiations to enter into a title transfer
agreement with Hitchcock County under which the Secretary shall
convey to Hitchcock County all requested right, title, and
interest of the United States in and to the Swanson Permitted
Cabin Land, the Swanson Permitted Concession Land, or the
Lakeview Lodge Permitted Concession Land, as applicable.
(2) Prohibition on subdivision.--A title transfer agreement
entered into pursuant to paragraph (1) shall be subject to the
condition that the Swanson Permitted Cabin Land, the Swanson
Permitted Concession Land, or the Lakeview Lodge Permitted
Concession Land, as applicable--
(A) shall be conveyed in whole; and
(B) shall not be subdivided.
(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 all right, title, and interest of the United States in
and to the Swanson Permitted Cabin Land, the Swanson Permitted
Concession Land, or the Lakeview Lodge Permitted Concession
Land, as applicable, in accordance with paragraph (2) and the
terms and conditions described in the title transfer agreement.
(4) Memorandum of agreement.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
enter into a memorandum of agreement with Hitchcock
County to establish and define the roles and
responsibilities for actions required to convey to
Hitchcock County the Swanson Permitted Cabin Land,
Swanson Permitted Concession Land, or Lakeview Lodge
Permitted Concession Land, as applicable, in accordance
with the title transfer agreement.
(B) Requirement.--The memorandum of agreement
entered into under subparagraph (A) shall include the
establishment of a plan for--
(i) the demonstration by Hitchcock County
of--
(I) the technical capability of
Hitchcock County to operate and
maintain the Swanson Permitted Cabin
Land, Swanson Permitted Concession
Land, or Lakeview Lodge Permitted
Concession Land, as applicable,
permanently; and
(II) the ability of Hitchcock
County to satisfy financial obligations
relating to the Swanson Permitted Cabin
Land, Swanson Permitted Concession
Land, or Lakeview Lodge Permitted
Concession Land, as applicable; and
(ii) the management by Hitchcock County of
the Swanson Permitted Cabin Land, Swanson
Permitted Concession Land, or Lakeview Lodge
Permitted Concession Land, as applicable, to be
conveyed in accordance with the memorandum of
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.
(5) Costs.--
(A) Consideration.--
(i) In general.--As consideration for the
conveyance of the Swanson Permitted Cabin Land,
Swanson Permitted Concession Land, or Lakeview
Lodge Permitted Concession Land, as applicable,
under paragraph (1), Hitchcock County shall
provide compensation to the reclamation fund
established by the first section of the Act of
June 17, 1902 (32 Stat. 388, chapter 1093), in
an amount equal to the fair market value of the
Swanson Permitted Cabin Land, Swanson Permitted
Concession Land, or Lakeview Lodge Permitted
Concession Land, respectively, 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 (6) 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) Exclusion.--For purposes of
clause (i), any improvements to the
Swanson Permitted Cabin Land, the
Swanson Permitted Concession Land, or
the Lakeview Lodge Permitted Concession
Land, as applicable, made by a permit
holder shall not be included in the
appraised value of the Swanson
Permitted Cabin Land, Swanson Permitted
Concession Land, or Lakeview Lodge
Permitted Concession Land,
respectively.
(III) Resolution of dispute.--Any
dispute over the fair market value of
the Swanson Permitted Cabin Land, the
Swanson Permitted Concession Land, or
the Lakeview Lodge Permitted Concession
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 Swanson Permitted
Cabin Land, the Swanson Permitted
Concession Land, or the Lakeview Lodge
Permitted Concession Land, as
applicable, 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.
(B) Conveyance costs.--
(i) In general.--Hitchcock County shall be
responsible for paying, in advance of the
conveyance of the Swanson Permitted Cabin Land,
Swanson Permitted Concession Land, or Lakeview
Lodge Permitted Concession Land, as applicable,
under paragraph (1), the estimated costs
associated with the conveyance, as determined
by the Secretary.
(ii) Inclusions.--Conveyance costs under
clause (i) may include--
(I) any transaction, survey, and
administrative costs necessary for the
preparation and completion of transfer
of title;
(II) the costs of legal instruments
and deeds;
(III) the costs of compliance with
the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) and