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

H.R. 8413 is a bill that wants to give certain pieces of government-owned land by two lakes in Nebraska to two local counties. The counties are supposed to use this land for fun activities, like hiking or fishing, and must pay for it and take care of it themselves.

Summary AI

H.R. 8413 proposes the transfer of certain federal lands at Swanson Reservoir and Hugh Butler Reservoir in Nebraska to Frontier County and Hitchcock County. This bill requires the Secretary of the Interior to negotiate and execute agreements for these land transfers, ensuring legal, technical, and financial readiness by the counties. The land must be used for its current purpose or for recreation, public access, wildlife habitat, or preservation of natural character. The counties will pay the fair market value and handle all related costs, and they may only reconvey the land under specific conditions ensuring continued public access and proper management.

Published

2024-12-09
Congress: 118
Session: 2
Chamber: SENATE
Status: Received in Senate
Date: 2024-12-09
Package ID: BILLS-118hr8413rds

Bill Statistics

Size

Sections:
5
Words:
3,437
Pages:
19
Sentences:
60

Language

Nouns: 1,115
Verbs: 224
Adjectives: 171
Adverbs: 29
Numbers: 138
Entities: 279

Complexity

Average Token Length:
4.31
Average Sentence Length:
57.28
Token Entropy:
5.12
Readability (ARI):
31.00

AnalysisAI

General Summary of the Bill

The proposed bill, known as the "Swanson and Hugh Butler Reservoirs Land Conveyances Act," seeks to transfer ownership of specific federal lands at the Swanson and Hugh Butler Reservoirs in Nebraska to local governmental entities, specifically Hitchcock County and Frontier County. The legislation outlines detailed processes for negotiating and executing these land conveyances, including requirements for determining fair market value, outlines permissible future land use, and specifies conditions under which the land may be further transferred to other entities.

Summary of Significant Issues

  1. Clarity and Transparency Concerns: The bill's definitions section raises questions over transparency, particularly regarding why specific counties are chosen to receive land. The criteria for what lands are included in "requested Federal land" are not fully detailed, which might suggest favoritism or an opaque selection process.

  2. Restrictions on Land Use: A significant issue is that the lands, once conveyed, cannot be subdivided and must maintain the same public access and purposes for which they were initially used. This could restrict the flexibility and adaptability of local governments to respond to future needs.

  3. Financial Burden on Counties: The conveyance requires counties to bear all costs related to surveys and administrative processes. If counties are unable to cover these expenses, it might pose a significant financial challenge.

  4. Complex Legal Language: The legal language throughout the bill, particularly regarding easements and rights, is complex and may be difficult for individuals without legal training to fully understand. This could hinder the public's understanding of their rights and obligations.

  5. Uncertain Timeline: The timeline set for executing title transfer agreements spans up to three years, which might be unnecessarily long. This delay could impact how quickly land management can be efficiently transitioned to local entities.

  6. Interim Management Uncertainties: The bill stipulates interim requirements but lacks clarity on what happens if the counties fail to finalize transfer agreements within the specified timeframe, potentially leading to prolonged uncertainty.

Impact on the Public

For the broader public, the bill presents both opportunities and challenges. On the positive side, transferring land management to local counties may lead to more tailored and responsive management that considers the unique needs of the local population. It might increase local recreational opportunities and enhance the use of natural resources.

Conversely, the prescribed uses and conditions could hinder the counties from adapting the land to better meet community needs over time. Additionally, if the counties struggle with the financial burden of transferring costs, it could lead to increased local taxes or budget reallocations, potentially affecting public services.

Impact on Specific Stakeholders

Local Governments and Communities: The counties of Hitchcock and Frontier stand to gain control over important regional resources. However, they face constraints on how they can use these lands and the financial responsibilities associated with their maintenance and transfer.

Residents and Permit Holders: If managed effectively, residents might benefit from improved land use planning and increased recreational opportunities. However, any delays or issues in the transfer process could leave management practices outdated and the lands underutilized.

Federal Government: The government would benefit from clearer delineation of responsibilities and reduced liabilities related to the land, but complexities in the transfer process might require continual federal oversight.

Overall, the bill's success largely hinges on the ability of the involved counties to manage the transferred lands effectively within the constraints set forth and the clarity of communication and process from the federal level.

Issues

  • The lack of clarity and detailed criteria in the 'Definitions' (Section 2) about why specific counties (Frontier County and Hitchcock County) are named and how 'requested Federal land' is selected raises concerns over transparency and potential favoritism.

  • The provision in 'Conveyances of Federal land to Hitchcock County and Frontier County, Nebraska' (Section 3) that land cannot be subdivided might restrict flexibility and adaptability for future uses, potentially limiting local development and county planning.

  • The responsibility placed on the counties to cover all costs related to surveys and administrative expenses associated with land conveyance (Section 3), without clear options should they be unable to afford these costs, could create significant financial burdens on local governments.

  • The complexity of language and lack of layperson understanding in 'Effect on reservations, easements, and other rights' (Section 4) could lead to misunderstanding of the legal obligations and rights implications, potentially affecting stakeholders who are not legally trained.

  • The timeline provided for entering a title transfer agreement (3 years) in 'Conveyances of Federal land to Hitchcock County and Frontier County, Nebraska' (Section 3) is seen as potentially unnecessarily lengthy, which may delay the process and impact land management efficiency.

  • The absence of a detailed plan or criteria for continuation beyond interim requirements in 'Interim requirements' (Section 5) if title transfer negotiations lag might lead to prolonged uncertainties in land management and utilization.

  • The 'Conveyances of Federal land' (Section 3) implies that any future conveyances must maintain the same purposes and public access as initially intended, a stipulation that could hinder counties' abilities to meet evolving community needs or respond to unforeseen circumstances.

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.