Sec. 4. Reservations, easements, and other outstanding rights
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/bill/115/s/440/es/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Each conveyance to the Department or the State pursuant to this Act shall be made subject to— valid existing rights; operational requirements of the Pick-Sloan Missouri River Basin Program, 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), including the Dickinson Reservoir; any flowage easement reserved by the United States to allow full operation of Dickinson Reservoir for authorized purposes; reservations described in the Management Agreement; 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; any permit, license, lease, right-of-use, flowage easement, or right-of-way of record in, on, over, or across the applicable property or Federal land, whether owned by the United States or a third party, as of the date of enactment of this Act; a deed restriction that prohibits building any new permanent structure on property below an elevation of 2,430.6 feet; and the granting of applicable easements for— vehicular access to the property; and access to, and use of, all docks, boathouses, ramps, retaining walls, and other improvements for which access is provided in the permit for use of the property as of the date of enactment of this Act.
The United States shall not be liable for flood damage to a property subject to a permit, the Department, or the State, or for damages arising out of any act, omission, or occurrence relating to a permit holder, the Department, or the State, 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. Any temporary flooding or flood damage to the property of a permit holder, the Department, or the State, shall not be considered to be a taking by the United States.
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Sec. 4
Reservations, easements, and other outstanding rights
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