109th CONGRESS
2d Session
H. R. 4301
IN THE SENATE OF THE UNITED STATES
July 25, 2006
Received; read twice and referred to the Committee on Energy and Natural
Resources
AN ACT
To direct the Secretary of the Interior to convey certain parcels
of land acquired for the Blunt Reservoir and Pierre Canal features of the
initial stage of the Oahe Unit, James Division, South Dakota, to the Commission
of Schools and Public Lands and the Department of Game, Fish, and Parks
of the State of South Dakota for the purpose of mitigating lost wildlife
habitat, on the condition that the current preferential leaseholders shall
have an option to purchase the parcels from the Commission, 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 `Blunt Reservoir and Pierre Canal Land Conveyance
Act of 2006'.
SEC. 2. BLUNT RESERVOIR AND PIERRE CANAL.
(a) Definitions- In this section:
(1) BLUNT RESERVOIR FEATURE- The term `Blunt Reservoir feature' means
the Blunt Reservoir feature of the Oahe Unit, James Division, authorized
by the Act of August 3, 1968 (82 Stat. 624), as part of the Pick-Sloan
Missouri River Basin program.
(2) COMMISSION- The term `Commission' means the Commission of Schools
and Public Lands of the State.
(3) NONPREFERENTIAL LEASE PARCEL- The term `nonpreferential lease parcel'
means a parcel of land that--
(A) was purchased by the Secretary for use in connection with the Blunt
Reservoir feature or the Pierre Canal feature; and
(B) was considered to be a nonpreferential lease parcel by the Secretary
as of January 1, 2001, and is reflected as such on the roster of leases
of the Bureau of Reclamation for 2001.
(4) PIERRE CANAL FEATURE- The term `Pierre Canal feature' means the Pierre
Canal feature of the Oahe Unit, James Division, authorized by the Act
of August 3, 1968 (82 Stat. 624), as part of the Pick-Sloan Missouri River
Basin program.
(5) PREFERENTIAL LEASEHOLDER- The term `preferential leaseholder' means
a person or descendant of a person that held a lease on a preferential
lease parcel as of January 1, 2001, and is reflected as such on the roster
of leases of the Bureau of Reclamation for 2001.
(6) PREFERENTIAL LEASE PARCEL- The term `preferential lease parcel' means
a parcel of land that--
(A) was purchased by the Secretary for use in connection with the Blunt
Reservoir feature or the Pierre Canal feature; and
(B) was considered to be a preferential lease parcel by the Secretary
as of January 1, 2001, and is reflected as such on the roster of leases
of the Bureau of Reclamation for 2001.
(7) SECRETARY- The term `Secretary' means the Secretary of the Interior,
acting through the Commissioner of Reclamation.
(8) STATE- The term `State' means the State of South Dakota, including
a successor in interest of the State.
(9) UNLEASED PARCEL- The term `unleased parcel' means a parcel of land
that--
(A) was purchased by the Secretary for use in connection with the Blunt
Reservoir feature or the Pierre Canal feature; and
(B) is not under lease as of the date of enactment of this Act.
(b) Deauthorization- The Blunt Reservoir feature is deauthorized.
(c) Acceptance of Land and Obligations-
(1) IN GENERAL- As a term of each conveyance under subsections (d)(5)
and (e), respectively, the State may agree to accept--
(A) in `as is' condition, the portions of the Blunt Reservoir Feature
and the Pierre Canal Feature that pass into State ownership;
(B) any liability accruing after the date of conveyance as a result
of the ownership, operation, or maintenance of the features referred
to in subparagraph (A), including liability associated with certain
outstanding obligations associated with expired easements, or any other
right granted in, on, over, or across either feature; and
(C) the responsibility that the Commission will act as the agent for
the Secretary in administering the purchase option extended to preferential
leaseholders under subsection (d).
(2) RESPONSIBILITIES OF THE STATE- An outstanding obligation described
in paragraph (1)(B) shall inure to the benefit of, and be binding upon,
the State.
(3) OIL, GAS, MINERAL AND OTHER OUTSTANDING RIGHTS- A conveyance to the
State under subsection (d)(5) or (e) or a sale to a preferential leaseholder
under subsection (d) shall be made subject to--
(A) oil, gas, and other mineral rights reserved of record, as of the
date of enactment of this Act, by or in favor of a third party; and
(B) any permit, license, lease, right-of-use, or right-of-way of record
in, on, over, or across a feature referred to in paragraph (1)(A) that
is outstanding as to a third party as of the date of enactment of this
Act.
(4) ADDITIONAL CONDITIONS OF CONVEYANCE TO STATE- A conveyance to the
State under subsection (d)(5) or (e) shall be subject to the reservations
by the United States and the conditions specified in section 1 of the
Act of May 19, 1948 (chapter 310; 62 Stat. 240), as amended (16 U.S.C.
667b), for the transfer of property to State agencies for wildlife conservation
purposes.
(1) IN GENERAL- A preferential leaseholder shall have an option to purchase
from the Secretary or the Commission, acting as an agent for the Secretary,
the preferential lease parcel that is the subject of the lease.
(A) IN GENERAL- Except as provided in subparagraph (B), a preferential
leaseholder may elect to purchase a parcel on one of the following terms:
(i) Cash purchase for the amount that is equal to--
(I) the value of the parcel determined under paragraph (4); minus
(II) ten percent of that value.
(ii) Installment purchase, with 10 percent of the value of the parcel
determined under paragraph (4) to be paid on the date of purchase
and the remainder to be paid over not more than 30 years at 3 percent
annual interest.
(B) VALUE UNDER $10,000- If the value of the parcel is under $10,000,
the purchase shall be made on a cash basis in accordance with subparagraph
(A)(I).
(3) OPTION EXERCISE PERIOD-
(A) IN GENERAL- A preferential leaseholder shall have until the date
that is 5 years after enactment of this Act to exercise the option under
paragraph (1).
(B) CONTINUATION OF LEASES- Until the date specified in subparagraph
(A), a preferential leaseholder shall be entitled to continue to lease
from the Secretary the parcel leased by the preferential leaseholder
under the same terms and conditions as under the lease, as in effect
as of the date of enactment of this Act.
(A) IN GENERAL- The value of a preferential lease parcel shall be its
fair market value for agricultural purposes determined by an independent
appraisal less 25 percent, exclusive of the value of private improvements
made by the leaseholders while the land was federally owned before the
date of the enactment of this Act, in conformance with the Uniform Appraisal
Standards for Federal Land Acquisition.
(B) FAIR MARKET VALUE- Any dispute over the fair market value of a property
under subparagraph (A) shall be resolved in accordance with section
2201.4 of title 43, Code of Federal Regulations.
(5) CONVEYANCE TO THE STATE-
(A) IN GENERAL- If a preferential leaseholder fails to purchase a parcel
within the period specified in paragraph (3)(A), the Secretary shall
convey the parcel to the State of South Dakota Department of Game, Fish,
and Parks.
(B) WILDLIFE HABITAT MITIGATION- Land conveyed under subparagraph (A)
shall be used by the South Dakota Department of Game, Fish, and Parks
for the purpose of mitigating the wildlife habitat that was lost as
a result of the development of the Pick-Sloan project.
(6) USE OF PROCEEDS- Proceeds of sales of land under this Act shall be
deposited as miscellaneous funds in the Treasury and such funds shall
be made available, subject to appropriations, to the State for the establishment
of a trust fund to pay the county taxes on the lands received by the State
Department of Game, Fish, and Parks under the bill.
(e) Conveyance of Nonpreferential Lease Parcels and Unleased Parcels-
(1) CONVEYANCE BY SECRETARY TO STATE-
(A) IN GENERAL- Not later than 1 year after the date of enactment of
this Act, the Secretary shall convey to the South Dakota Department
of Game, Fish, and Parks the nonpreferential lease parcels and unleased
parcels of the Blunt Reservoir and Pierre Canal.
(B) WILDLIFE HABITAT MITIGATION- Land conveyed under subparagraph (A)
shall be used by the South Dakota Department of Game, Fish, and Parks
for the purpose of mitigating the wildlife habitat that was lost as
a result of the development of the Pick-Sloan project.
(2) LAND EXCHANGES FOR NONPREFERENTIAL LEASE PARCELS AND UNLEASED PARCELS-
(A) IN GENERAL- With the concurrence of the South Dakota Department
of Game, Fish, and Parks, the South Dakota Commission of Schools and
Public Lands may allow a person to exchange land that the person owns
elsewhere in the State for a nonpreferential lease parcel or unleased
parcel at Blunt Reservoir or Pierre Canal, as the case may be.
(B) PRIORITY- The right to exchange nonpreferential lease parcels or
unleased parcels shall be granted in the following order or priority:
(i) Exchanges with current lessees for nonpreferential lease parcels.
(ii) Exchanges with adjoining and adjacent landowners for unleased
parcels and nonpreferential lease parcels not exchanged by current
lessees.
(C) EASEMENT FOR WATER CONVEYANCE STRUCTURE- As a condition of the exchange
of land of the Pierre Canal Feature under this paragraph, the United
States reserves a perpetual easement to the land to allow for the right
to design, construct, operate, maintain, repair, and replace a pipeline
or other water conveyance structure over, under, across, or through
the Pierre Canal feature.
(f) Release From Liability-
(1) IN GENERAL- Effective on the date of conveyance of any parcel under
this Act, the United States shall not be held liable by any court for
damages of any kind arising out of any act, omission, or occurrence relating
to the parcel, except for damages for acts of negligence committed by
the United States or by an employee, agent, or contractor of the United
States, before the date of conveyance.
(2) NO ADDITIONAL LIABILITY- Nothing in this section adds to any liability
that the United States may have under chapter 171 of title 28, United
States Code (commonly known as the `Federal Tort Claims Act').
(g) Requirements Concerning Conveyance of Lease Parcels-
(1) INTERIM REQUIREMENTS- During the period beginning on the date of enactment
of this Act and ending on the date of conveyance of the parcel, the Secretary
shall continue to lease each preferential lease parcel or nonpreferential
lease parcel to be conveyed under this section under the terms and conditions
applicable to the parcel on the date of enactment of this Act.
(2) PROVISION OF PARCEL DESCRIPTIONS- Not later than 180 days after the
date of the enactment of this Act, the Secretary, in consultation with
the Commission, shall provide the State a full legal description of all
preferential lease parcels and nonpreferential lease parcels that may
be conveyed under this section.
(h) Curation of Archeological Collections- The Secretary, in consultation
with the State, shall transfer, without cost to the State, all archeological
and cultural resource items collected from the Blunt Reservoir Feature and
Pierre Canal Feature to the South Dakota State Historical Society.
(i) Authorization of Appropriations- There is authorized to be appropriated
to carry out this Act $750,000 to reimburse the Secretary for expenses incurred
in implementing this Act, and such sums as are necessary to reimburse the
Commission and the State Department of Game, Fish, and Parks for expenses
incurred implementing this Act, not to exceed 10 percent of the cost of
each transaction conducted under this Act.
Passed the House of Representatives July 24, 2006.
Attest:
KAREN L. HAAS,
Clerk.
END
