[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8413 Enrolled Bill (ENR)]
H.R.8413
One Hundred Eighteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and twenty-four
An Act
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,

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This Act may be cited as the ``Swanson and Hugh Butler Reservoirs
Land Conveyances Act''.

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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, Nebraska'', numbered 23-
LM-60-4160, and dated November 1, 2023.
(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, as generally depicted on
the map prepared by the Bureau of Reclamation entitled ``Lakeview
Lodge Concession Boundary'' and dated August 2023.
(7) 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, Nebraska'', numbered
24-LM-60-5155, and dated March 7, 2024.
(8) 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, as generally depicted on the map prepared by the Bureau
of Reclamation entitled ``Red Willow Cabin Map'' and dated March
2024.
(9) 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, as generally depicted on the map
prepared by the Bureau of Reclamation entitled ``Red Willow
Concession Boundary'' and dated August 2023.
(10) 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.
(11) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Commissioner of Reclamation.
(12) State.--The term ``State'' means the State of Nebraska.
(13) 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 a
Concession Operation at Swanson Reservoir, Nebraska'', numbered 24-
LM-60-5154, and dated April 19, 2024.
(14) 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,
as generally depicted on the map prepared by the Bureau of
Reclamation entitled ``Swanson Cabin Map'' and dated March 2024.
(15) 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, as generally depicted on the map prepared by
the Bureau of Reclamation entitled ``Swanson Concession Boundary''
and dated August 2023.
(16) 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).
(17) Title transfer agreement.--The term ``title transfer
agreement'' means a title transfer agreement entered into under
section 3(a)(1) between the Secretary and Frontier County or
Hitchcock County, as applicable, that establishes the legal,
institutional, and financial terms for the conveyance of the
applicable requested Federal land.

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COUNTY, NEBRASKA.
(a) Conveyances to Hitchcock County and Frontier County.--
(1) Title transfer agreement.--Subject to paragraphs (2) and
(5) and sections 4 and 5, not later than 3 years after the date of
enactment of this Act, the Secretary shall make good faith efforts
to enter into negotiations for, and enter into, title transfer
agreements with each of Hitchcock County and Frontier County--
(A) under which the Secretary shall convey to Hitchcock
County or Frontier County, as applicable, all requested right,
title, and interest of the United States in and to the
applicable requested Federal land;
(B) that provides that, as a condition of the conveyance,
the applicable requested Federal land--
(i) shall be conveyed in whole; and
(ii) shall not be subdivided; and
(C) that provides a plan for--
(i) a demonstration of--
(I) the technical capability of Hitchcock County or
Frontier County, as applicable, to operate and maintain
the applicable requested Federal land permanently; and
(II) the ability of Hitchcock County or Frontier
County, as applicable, to satisfy financial obligations
relating to the applicable requested Federal land; and
(ii) the management by Hitchcock County or Frontier
County, as applicable, of the applicable requested Federal
land to be conveyed in accordance with the applicable title
transfer 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.
(2) Requirement.--Notwithstanding section 8002(3)(B) of the
John D. Dingell, Jr. Conservation, Management, and Recreation Act
(43 U.S.C. 2902(3)(B)), the Secretary shall negotiate the title
transfer agreement under paragraph (1) in accordance with the
criteria, terms, and conditions described in subtitle A of title
VIII of that Act (43 U.S.C. 2901 et seq.).
(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 or Frontier County, as applicable, all right, title, and
interest of the United States in and to the applicable requested
Federal land, in accordance with the terms and conditions described
in the applicable title transfer agreement.
(4) Costs.--
(A) Consideration.--
(i) In general.--As consideration for the conveyance of
the applicable requested Federal land under paragraph (3),
Hitchcock County or Frontier County, as applicable, shall
pay to the Secretary, for use in accordance with clause
(iii), an amount equal to the fair market value of the
applicable requested Federal land, 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 (5) 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) Improvements.--For purposes of clause (i), 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
land.
(III) Resolution of dispute.--Any dispute over the
fair market value of the applicable requested Federal
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 applicable requested Federal land 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.
(iii) Use.--Amounts paid under clause (i) shall be
available to the Secretary, subject to further
appropriation, for activities relating to the operation of
the Hugh Butler Reservoir and Swanson Reservoir.
(B) Conveyance costs.--As a condition of a conveyance under
paragraph (3), Hitchcock County or Frontier County, as
applicable, shall be responsible for paying, in advance of the
conveyance of the applicable requested Federal land, all survey
and other administrative costs, as determined to be necessary
by the Secretary, for the preparation and completion of
transfer of title to, the applicable requested Federal land.
(5) Management.--Hitchcock County and Frontier County shall
each manage the applicable requested Federal land conveyed to
Hitchcock County or Frontier County, as applicable, under paragraph
(3)--
(A) for substantially the same purposes for which the
applicable requested Federal land is being used as of the date
of enactment of this Act; or
(B) for--
(i) recreation and public purposes consistent with the
Act of June 14, 1926 (commonly known as the ``Recreation
and Public Purposes Act'') (44 Stat. 741, chapter 578; 43
U.S.C. 869 et seq.);
(ii) public access;
(iii) fish and wildlife habitat; or
(iv) the preservation of the natural character of the
applicable requested Federal land.
(b) Subsequent Conveyance of Requested Federal Land.--
(1) In general.--Except as provided in paragraph (2), on
completion of a conveyance to Hitchcock County or Frontier County,
as applicable, of the applicable requested Federal land under
subsection (a), Hitchcock County or Frontier County, as applicable,
may not subsequently reconvey the applicable requested Federal
land.
(2) Exceptions.--Notwithstanding paragraph (1), Hitchcock
County or Frontier County, as applicable, may subsequently convey
the applicable requested Federal land if--
(A) the applicable requested Federal land is reconveyed, at
no cost, to an entity located in the State that is recognized
by the State as a publicly owned or governmental organization,
including--
(i) a State agency;
(ii) a county, city, village, or township in, or
political subdivision of, the State;
(iii) a natural resource district; and
(iv) an irrigation or reclamation district;
(B) Hitchcock County or Frontier County, as applicable, has
demonstrated an impending adverse impact if the applicable
requested Federal land is not reconveyed;
(C) 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 Act; and
(D) the applicable requested Federal land to be reconveyed
would continue to be available for public access.
(3) Future conveyances.--A subsequent conveyance of requested
Federal land shall be subject to the requirements of this
subsection and subsection (a)(5).

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(a) In General.--A conveyance under section 3(a) shall be subject
to--
(1) valid existing rights;
(2) operational requirements of the Pick-Sloan Missouri River
Basin Program 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), including Swanson Reservoir and Hugh
Butler Reservoir;
(3) any flowage easement reserved by the United States to allow
full operation of the Swanson Reservoir and Hugh Butler Reservoir,
as applicable, for authorized purposes;
(4) any applicable reservations described in the Lakeview Lodge
Management Agreement, Red Willow Management Agreement, or Swanson
Management Agreement, as applicable;
(5) oil, gas, and other mineral rights reserved of record, as
of the date of enactment of this Act, by, or in favor of, the
United States or a third party;
(6) any permit, license, lease, right-of-use, flowage easement,
or right-of-way of record in, on, over, or across the applicable
requested Federal land, whether owned by the United States or a
third party, as of the date of enactment of this Act;
(7) as applicable, a deed restriction that prohibits building
any new permanent structure on the applicable requested Federal
land below an elevation of--
(A) 2,785 feet at Swanson Reservoir; or
(B) 2,628 feet at Hugh Butler Reservoir; and
(8) the granting of applicable easements for--
(A) vehicular access to the applicable requested Federal
land; and
(B) access to, and use of, all docks, boathouses, ramps,
retaining walls, 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 Act.
(b) Liability; Taking.--
(1) Liability.--The United States shall not be liable for flood
damage to a property, Hitchcock County, or Frontier County, or for
damages arising out of any act, omission, or occurrence relating to
a permit holder, Hitchcock County, or Frontier County, other than
for damages caused by an act or omission of the United States or an
employee, agent, or contractor of the United States before the date
of enactment of this Act.
(2) Hold harmless.--Hitchcock County, Frontier County, and any
entity to which requested Federal land is subsequently conveyed
pursuant to section 3(b)(2) shall agree to indemnify and hold
harmless the Unites States for all claims by Hitchcock County,
Frontier County, or others arising from--
(A) the design, construction, operation, maintenance, or
replacement of Red Willow Dam, Hugh Butler Reservoir, Trenton
Dam, or Swanson Reservoir;
(B) the survey of claims, description of claims,
delineation of boundaries, conveyance documents, conveyance
process, and recording of deeds associated with a conveyance
under this Act; or
(C) any damages associated with a structure or land that
may be displaced in a flood event.
(3) No additional liability.--Nothing in this Act increases the
liability of the United States beyond the liability provided under
chapter 171 of title 28, United States Code (commonly known as the
``Federal Tort Claims Act'').
(4) Taking.--Any temporary flooding or flood damage to a
property, Hitchcock County, or Frontier County, shall not be
considered to be a taking by the United States.

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(a) 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 3 years after the date of enactment of this Act or the
date of conveyance of the applicable requested Federal land under
section 3(a), the provisions of the Lakeview Lodge Management
Agreement, Red Willow Management Agreement, and Swanson Management
Agreement, as applicable, and any applicable permits, shall remain in
force and effect.
(b) Effect of Failure to Enter Into Title Transfer Agreement.--If,
by the date that is 3 years after the date of enactment of this Act,
Hitchcock County or Frontier County, as applicable, have not entered
into a title transfer agreement with the Secretary under section
3(a)(1), the Secretary shall manage any of the Lakeview Lodge Permitted
Concession Land, the Red Willow Permitted Cabin Land, the Red Willow
Permitted Concession Land, the Swanson Permitted Cabin Land, and the
Swanson Permitted Concession Land, as applicable, that is not subject
to a title transfer agreement in accordance with applicable law.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Swanson and Hugh Butler Reservoirs Land Conveyances Act — HR. 8413

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