Blunt Reservoir and Pierre Canal Land Conveyance Act of 2006 - Deauthorizes the Blunt Reservoir feature of the Oahe Unit, James Division, authorized as part of the Pick-Sloan Missouri River Basin Program.
Allows preferential leaseholders of parcels of the Blunt Reservoir and Pierre Canal features an option to purchase the land they lease from the Secretary of the Interior, acting through the Commissioner of Reclamation, or the Commission of Schools and Public Lands of South Dakota. Prescribes terms for such purchases, the option exercise period, and the basis for parcel valuation.
Directs the Secretary to convey all preferential lease parcels not purchased by the leaseholder and the nonpreferential leased parcels and unleased parcels of the Blunt Reservoir and Pierre Canal to the South Dakota Department of Game, Fish, and Parks, to be used for mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project.
Authorizes: (1) the state of South Dakota to accept certain conditions of conveyance, including that it receives the land conveyed in "as is" condition and accepts liability accruing as a result of ownership, operation, and maintenance of the features; and (2) the Commission, with the Department's concurrence, to allow a person to exchange other land in South Dakota for a nonpreferential lease parcel or unleased parcel at Blunt Reservoir or Pierre Canal.
Directs the Secretary to transfer all archeological and cultural resource items collected from the Blunt Reservoir and Pierre Canal Features to the South Dakota State Historical Society.
Authorizes appropriations.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4301 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4301
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 10, 2005
Ms. Herseth introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
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 2005''.
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 condition of each conveyance under
subsections (d)(5) and (e), respectively, the State shall 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.
(d) Purchase Option.--
(1) In general.--A preferential leaseholder shall have an
option to purchase from the Commission, acting as an agent for
the Secretary, the preferential lease parcel that is the
subject of the lease.
(2) Terms.--
(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.
(4) Valuation.--
(A) In general.--The value of a preferential lease
parcel shall be its fair market value for agricultural
purposes determined by an independent appraisal,
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 enactment of this Act, the Secretary
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) 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 for expenses incurred
implementing this Act, not to exceed 10 percent of the cost of each
transaction conducted under this Act.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E2335)
Referred to the House Committee on Resources.
Referred to the Subcommittee on Water and Power.
Subcommittee Hearings Held.
Subcommittee on Water and Power Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Unanimous Consent.
Reported by the Committee on Resources. H. Rept. 109-588.
Reported by the Committee on Resources. H. Rept. 109-588.
Placed on the Union Calendar, Calendar No. 339.
Mr. Walden (OR) moved to suspend the rules and pass the bill, as amended.
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Considered under suspension of the rules. (consideration: CR H5616-5618)
DEBATE - The House proceeded with forty minutes of debate on H.R. 4301.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H5616-5617)
Motion to reconsider laid on the table Agreed to without objection.
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5616-5617)
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.