Sec. 3. CONVEYANCES OF FEDERAL LAND TO HITCHCOCK COUNTY AND FRONTIER COUNTY, NEBRASKA
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## SEC. 3 CONVEYANCES OF FEDERAL LAND TO HITCHCOCK COUNTY AND FRONTIER 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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Sec. 3
CONVEYANCES OF FEDERAL LAND TO HITCHCOCK COUNTY AND FRONTIER COUNTY, NEBRASKA
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