Sec. 4. EFFECT ON RESERVATIONS, EASEMENTS, AND OTHER RIGHTS
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## SEC. 4 EFFECT ON RESERVATIONS, EASEMENTS, AND OTHER RIGHTS ###
(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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Sec. 4
EFFECT ON RESERVATIONS, EASEMENTS, AND OTHER RIGHTS
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