Overview

Title

An Act To provide for the conveyance of certain Federal land at Swanson Reservoir and Hugh Butler Reservoir in the State of Nebraska, and for other purposes.

ELI5 AI

This bill wants to give some pieces of land near two big lakes in Nebraska from the government to local counties, who will take care of the land, follow special rules, and pay what the land is worth.

Summary AI

H. R. 8413, also known as the "Swanson and Hugh Butler Reservoirs Land Conveyances Act," aims to transfer certain federal lands at Swanson Reservoir and Hugh Butler Reservoir in Nebraska to Hitchcock and Frontier Counties. The counties must take on management responsibilities and pay the fair market value for these lands as assessed by third-party appraisers. The bill outlines specific conditions under which the land can be transferred and details the responsibilities the counties will have in terms of maintaining the land for public purposes, including recreation and wildlife habitat. Existing rights and requirements, such as flowage easements and operational needs for the reservoirs, are preserved in the conveyance agreements.

Published

2024-12-18
Congress: 118
Session: 2
Chamber: JOINT
Status: Enrolled Bill
Date: 2024-12-18
Package ID: BILLS-118hr8413enr

Bill Statistics

Size

Sections:
5
Words:
3,431
Pages:
7
Sentences:
59

Language

Nouns: 1,116
Verbs: 221
Adjectives: 163
Adverbs: 29
Numbers: 139
Entities: 281

Complexity

Average Token Length:
4.31
Average Sentence Length:
58.15
Token Entropy:
5.13
Readability (ARI):
31.42

AnalysisAI

The proposed legislation, the "Swanson and Hugh Butler Reservoirs Land Conveyances Act," is focused on the transfer of federal lands at Swanson Reservoir and Hugh Butler Reservoir in Nebraska. The bill outlines detailed terms for conveying these lands from federal management to the counties of Frontier and Hitchcock. The legislation specifies conditions around the transfer process, including management agreements, use limitations, and financial obligations for the involved counties.

General Summary

The bill aims to facilitate the handover of certain federal lands to local counties in Nebraska, with terms detailing how these lands should be managed post-transfer. It intends to preserve federal rights and interests while providing new ownership opportunities to local governments. Among the key conditions are the requirements to maintain the lands for their current uses or for purposes such as public recreation and wildlife habitat management. Appraisal and financial considerations are essential parts of the act, as they define the fair market value and cover transfer-related costs.

Significant Issues

Several notable issues emerge from the proposed legislation. A major concern is the complexity of language, particularly in defining terms like "fair market value," which can be challenging to understand and could lead to disagreements about land valuation. The timeline provided for negotiating title transfer agreements, which is up to three years, may delay counties' ability to manage and develop the land efficiently. Furthermore, the costs imposed on counties for survey and administrative tasks may be onerous, especially if these counties face budgetary constraints.

The restriction on land subdivision and the mandate to maintain current land uses are additional points of concern, potentially limiting the counties' ability to adapt to evolving community needs or pursue economic opportunities. The bill's interim management requirements, which could linger for three years or more, might result in inefficiencies or outdated land management practices.

Industry-specific jargon and references to previous acts further complicate understanding for general audiences, making public engagement and understanding difficult.

Public Impact

For the general public, this legislation might appear as an administrative reorganization with limited direct impact. However, the effective transfer and subsequent management of these lands could influence local recreational opportunities, public access to natural resources, and regional economic development. Residents in Frontier and Hitchcock counties may have increased input and control over how these lands are used and developed, potentially leading to enhanced local amenities and tourism.

Stakeholder Impacts

The bill significantly affects Frontier and Hitchcock counties, placing the onus on these local governments to manage and finance the land transfer. Counties might gain economic benefits if managed effectively, but they also assume potential financial risks and liabilities, especially with the costs and responsibilities laid out by the bill. The stipulations for public access and development restrictions may safeguard community interests and preserve natural resources, but they might also hinder the flexibility needed to respond to future opportunities or challenges.

For federal agencies, this bill potentially alleviates some management obligations, freeing resources that can be reallocated elsewhere. However, the lack of detailed plans for ongoing federal involvement might lead to complications if local management capabilities fall short. Lastly, stakeholders concerned with conservation might view the land use restrictions as protective, ensuring the natural landscapes are preserved for environmental and public enjoyment.

Issues

  • The complex definition of 'fair market value' in Section 2 may be difficult for non-experts to understand and could lead to disputes over land valuation, potentially impacting fair conveyances.

  • The timeline of 3 years for entering into title transfer agreements in Section 3(a)(1) could cause unnecessary delays, impacting the counties' ability to utilize the land effectively.

  • Imposing costs such as survey and administrative expenses on Hitchcock County and Frontier County, as stated in Section 3(4), may present a financial burden, particularly if the counties cannot afford these expenses.

  • The limitations on land subdivision and the requirement to maintain current land uses, as outlined in Section 3(5), might restrict the counties' flexibility to adapt land use to future needs, possibly hindering economic development.

  • The original management agreements and permits remaining in force during an interim period up to 3 years, as mentioned in Section 5, could lead to inefficiencies or outdated management practices.

  • The lack of detail on environmental impact assessments related to the conveyance and easements in Section 4 may raise concerns among stakeholders about potential ecological consequences.

  • The potential liability issues around flood damage and the indemnification clauses in Section 4(b) might pose significant risk concerns for counties, shifting financial and legal burdens onto them.

  • The legislation's technical jargon and references to prior acts without explanation, as seen throughout Sections 2 and 4, make the document inaccessible to a lay audience, limiting broader public understanding and engagement.

  • The prohibition on certain developments due to elevation restrictions in Section 4(a)(7) lacks detailed contextual information, possibly posing an obstacle for local development plans.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The Act is officially named the “Swanson and Hugh Butler Reservoirs Land Conveyances Act.”

2. Definitions Read Opens in new tab

Summary AI

In this section of the bill, terms are defined related to various properties and agreements in Nebraska. These include the "fair market value" of property rights, specific locations like "Frontier County" and reservoir areas, and various management and title transfer agreements for land development and concessions.

3. Conveyances of Federal land to Hitchcock County and Frontier County, Nebraska Read Opens in new tab

Summary AI

The bill section outlines the process for transferring ownership of certain federal lands to Hitchcock County and Frontier County in Nebraska. It requires cooperation with federal guidelines for appraisals, management plans, and the conditions under which the lands can be further conveyed, highlighting that future transfers must maintain public access and be managed by public or recognized governmental entities.

4. Effect on reservations, easements, and other rights Read Opens in new tab

Summary AI

The section outlines the conditions under which certain federal lands can be transferred, including preserving existing rights and easements, respecting operational needs of specific river basins, and imposing restrictions like prohibiting new builds in designated areas. It also specifies that the United States won't be held liable for certain flood damages, requires parties to indemnify the U.S. against claims related to reservoir operations or land conveyances, and clarifies that temporary flood damage won't be considered a government taking.

5. Interim requirements Read Opens in new tab

Summary AI

During the interim period, certain management agreements and permits will stay active until either three years after the law passes or until Federal land is transferred, whichever is later. If a county doesn't finalize a title transfer within those three years, the Secretary will manage specific lands according to the law.