S.Amdt. 4988

SA 4988. Mr. HOEVEN submitted an amendment intended to be proposed to
amendment SA 4979 proposed by Mr. Inhofe to the bill S. 2848, to
provide for the conservation and development of water and related
resources, to authorize the Secretary of the Army to construct various
projects for improvements to rivers and harbors of the United States,
and for other purposes; which was ordered to lie on the table; as
follows:

At the end of title VIII, add the following:

SEC. 80___. PATTERSON LAKE LAND CONVEYANCES.

(a) Definitions.--In this section:

[[Page S5476]]

(1) Department.--The term ``Department'' means Dickinson
Parks & Recreation in Dickinson, North Dakota (or a successor
in interest to that entity).
(2) Dickinson reservoir.--The term `` `Dickinson Reservoir'
'' means the Dickinson Reservoir constructed as part of the
Dickinson Unit, Heart Division, Pick-Sloan Missouri 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).
(3) Permittee.--The term ``permittee'' means the holder of
a permit for a property.
(4) Property.--The term ``property'' means any 1 of the
cabin sites located on Federal property around the Dickinson
Reservoir for which a permit is in effect on the date of
enactment of this Act.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(b) Purchase of Property by Permittee; Transfers to
Department.--
(1) Option.--The Secretary shall provide to the permittee
of a property the first option to purchase that property for
fair market value in accordance with paragraph (2).
(2) Purchase.--
(A) In general.--On an election by a permittee to exercise
the option to purchase a property pursuant to paragraph (1),
the Secretary shall convey to the permittee, for fair market
value--
(i) all right, title, and interest of the United States in
and to the property, subject to valid existing rights; and
(ii) easements for--

(I) vehicular access to the property;
(II) access to, and use of, a dock for the property; and
(III) access to, and use of, all 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.

(B) Period for conveyance.--The Secretary shall convey to a
permittee a property pursuant to subparagraph (A) during the
period--
(i) beginning on the date that is 1 year after the date of
enactment of this Act; and
(ii) ending on the date that is 2 years after that date of
enactment.
(C) Disputes regarding fair market value.--Any dispute
regarding the fair market value of a property shall be
resolved in accordance with section 2201.4 of title 43, Code
of Federal Regulations (or successor regulations).
(3) Transfers to department.--
(A) Failure to purchase.--If a permittee fails to exercise
the option to purchase a property under paragraph (2) by the
date that is 2 years after the date of enactment of this Act,
the Secretary shall transfer the property to the Department,
without cost.
(B) Certain other land.--Effective beginning on the date
that is 2 years after the date of enactment of this Act, the
Secretary shall transfer to the Department, without cost, any
Federal land, as of that date--
on which no cabin is located.
(c) Oil, Gas, Mineral, and Other Outstanding Rights.--Each
conveyance to a permittee, and each transfer to the
Department, pursuant to subsection (b), shall be made subject
to--
(1) oil, gas, and other mineral rights reserved of record,
as of the date of enactment of this Act, by, or in favor of,
a third party; and
(2) any permit, license, lease, right-of-use, or right-of-
way of record in, on, over, or across the applicable property
or land that is outstanding to a third party as of the date
of enactment of this Act.
(d) Release From Liability.--
(1) In general.--Effective on the date of conveyance or
transfer of any property or land under this section, the
United States shall not be liable for damages of any kind
arising out of any act, omission, or occurrence relating to
the property or land, except for damages for acts of
negligence committed by the United States or an employee,
agent, or contractor of the United States before the date of
conveyance.
(2) No additional liability.--Nothing in this section
affects any liability of the United States under chapter 171
of title 28, United States Code (commonly known as the
``Federal Tort Claims Act'').
(e) Requirements Relating to Conveyances and Transfers.--
(1) Interim requirements.--During the period beginning on
the date of enactment of this Act and ending on the date of
conveyance or transfer of a property or land, the provisions
of the document entitled ``Management Agreement between the
Bureau of Reclamation, et al., for the Development,
Management, Operation, and Maintenance of Lands and
Recreation Facilities at Dickinson Reservoir'' that are
applicable to the property or land shall remain in force and
effect.
(2) Legal descriptions.--Not later than 180 days after the
date of enactment of this Act, the Secretary, in consultation
with the Department, shall provide to the Department a legal
description of all properties and land that may be conveyed
or transferred pursuant to this section.
(f) Proceeds From Sales of Federal Land.--Any revenues from
a sale of Federal land pursuant to this section shall be made
available to the Secretary, without further appropriation,
for--
(1) the costs to the Secretary of carrying out this
section; and
(2) deferred maintenance activities relating to the
operation of the dam in the Dickinson Reservoir.

SEC. 80___. USE OF TRAILER HOMES AT HEART BUTTE DAM AND
RESERVOIR (LAKE TSCHIDA).

(a) Definitions.--In this section:
(1) Addition.--The term ``addition'' means any enclosed
structure added onto the structure of a trailer home that
increases the living area of the trailer home.
(2) Camper or recreational vehicle.--The term ``camper or
recreational vehicle'' includes--
(A) a camper, motorhome, trailer camper, bumper hitch
camper, fifth wheel camper, or equivalent mobile shelter; and
(B) a recreational vehicle.
(3) Immediate family.--The term ``immediate family'' means
a spouse, grandparent, parent, sibling, child, or grandchild.
(4) Permit.--The term ``permit'' means a permit issued by
the Secretary authorizing the use of a lot in a trailer area.
(5) Permit year.--The term ``permit year'' means the period
beginning on April 1 of a calendar year and ending on March
31 of the following calendar year.
(6) Permittee.--The term ``permittee'' means a person
holding a permit.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(8) Trailer area.--The term ``trailer area'' means any of
the following areas at Heart Butte Dam and Reservoir (Lake
Tschida) (as described in the document of the Bureau of
Reclamation entitled ``Heart Butte Reservoir Resource
Management Plan'' (March 2008)):
(A) Trailer Area 1 and 2, also known as Management Unit
034.
(B) Southside Trailer Area, also known as Management Unit
014.
(9) Trailer home.--The term ``trailer home'' means a
dwelling placed on a supporting frame that--
(A) has or had a tow-hitch; and
(B) is made mobile, or is capable of being made mobile, by
an axle and wheels.
(b) Permitted Use.--
(1) In general.--Subject to the requirements of this
section, on request by a permittee, the Secretary shall issue
a 5-year permit for the use of a lot in a trailer area as
described in paragraphs (2) and (3).
(2) Trailer homes.--With respect to a trailer home, a
permit for each permit year shall authorize the permittee--
(A) from April 1 to October 31--
(i) to park the trailer home on the lot;
(ii) to use the trailer home on the lot; and
(iii) to physically move the trailer home on and off the
lot; and
(B) at any time during the permit year--
(i) to leave the trailer home parked on the lot; and
(ii) to leave on the lot any addition, deck, porch,
entryway, step to the trailer home, propane tank, or storage
shed.
(3) Campers or recreational vehicles.--With respect to a
camper or recreational vehicle, a permit shall, for each
permit year--
(A) from April 1 to October 31, authorize the permittee--
(i) to park the camper or recreational vehicle on the lot;
(ii) to use the camper or recreational vehicle on the lot;
and
(iii) to move the camper or recreational vehicle on and off
the lot; and
(B) from November 1 to March 31, require a permittee to
remove the camper or recreational vehicle from the lot.
(c) Renewal of Permits.--
(1) In general.--Subject to paragraph (2), when a permit
expires, on request by the permittee, the Secretary shall
renew the permit for an unlimited number of additional 5-year
terms.
(2) Requirement for trailer homes.--The Secretary shall
require removal of a trailer home in a trailer area if the
trailer home has been flooded a majority of the years during
any 5-year permit period.
(3) Removal and new use.--If the Secretary requires removal
of a trailer home under paragraph (2), on request by the
permittee, the Secretary shall authorize the permittee--
(A) to remain on the lot; and
(B) to replace the trailer home with a camper or
recreational vehicle.
(d) Transfer of Permits.--
(1) Transfer of trailer home title.--If a permittee
transfers title to a trailer home permitted on a lot in a
trailer area, the Secretary shall issue a permit to the
transferee, subject to the conditions described in paragraph
(3).
(2) Transfer of camper or recreational vehicle title.--If a
permittee who has a permit to use a camper or recreational
vehicle on a lot in a trailer area transfers title to the
interests of the permittee on or to the lot, the Secretary
shall issue a permit to the transferee, subject to the
conditions described in paragraph (3).
(3) Conditions.--A permit issued by the Secretary under
paragraph (1) or (2) shall be subject to the following
conditions:
(A) A permit may not be held in the name of a corporation.
(B) A permittee may not have an interest in, or control of,
more than 1 seasonal trailer home site in the Great Plains
Region of the Bureau of Reclamation, inclusive of sites
located on tracts permitted to organized groups on
Reclamation reservoirs.
(C) Not more than 2 persons may be permittees under 1
permit, unless--
(i) approved by the Secretary; or

[[Page S5477]]

(ii) the additional persons are immediate family members of
the permittees.
(e) Anchoring Requirements for Trailer Homes.--
(1) In general.--The Secretary shall require compliance
with--
(A) for each trailer home in a trailer area (other than a
trailer home described in paragraph (2)(B)), the anchoring
requirements described in paragraph (2)(A); and
(B) for other objects on a lot in a trailer area, the
anchoring requirements described in paragraph (3).
(2) Anchoring requirements described.--
(A) In general.--For trailer homes other than the trailer
homes described in subparagraph (B), the anchoring
requirements referred to in paragraph (1)(A) are the
following:
(i) For a trailer home that is fewer than 50 feet in
length, a minimum of 6 frame ties per side shall be provided,
to be located as follows:

(I) One frame tie at each corner.
(II) The remaining frame ties at intermediate locations.

(ii) For a trailer home that is 50 feet or more in length,
a minimum of 7 frame ties per side shall be provided, to be
located as follows:

(I) One frame tie at each corner.
(II) The remaining frame ties at intermediate locations.

(iii) If the quantity of frame ties and over-the-top ties
provided on a trailer home by the trailer home manufacturer
is in excess of the minimum quantity required under clause
(i) or (ii), as applicable, the total quantity provided by
the trailer home manufacturer shall be used.
(iv) If an over-the-top tie is located directly above a
frame tie, both the over-the-top tie and the frame tie may be
fastened to the same anchor.
(v)(I) Each frame tie shall connect the anchor to the main
structural frame that runs lengthwise under the trailer home.
(II) Any tie made to an outrigger beam shall not be
credited to the minimum quantity of frame ties required in
clause (i) or (ii), as applicable.
(vi) With respect to each flat steel strap used as a tie--

(I) the steel strap shall--

(aa) be 1.25 inches by .035 inch, with a minimum breaking
strength of 4,800 pounds; and
(bb) be--
(AA) fastened to a ground anchor, and fastened in such a
manner that will not cause distortion on the strap or reduce
the breaking strength of the strap; and
(BB) drawn tight with 1 or more galvanized fasteners or
connectors and a tensioning device;

(II) any sharp edge of the trailer home that would tend to
cut the steel strap shall be protected by a suitable device
to prevent cutting; and
(III) if necessary, the steel strap shall be prevented from
knifing through the trailer home.

(vii) Each ground anchor shall be of the auger-type, at
least 48 inches long, and equipped with at least 1 helix
having a minimum diameter of at least 6 inches.
(viii) Each ground anchor shall have--

(I) at least a \3/4\-inch steel shaft;
(II) a fastener or connector and a tensioning device; and
(III) a minimum breaking strength of 4,800 pounds.

(B) Alternative anchoring requirements for trailer homes.--
A trailer home shall not be required to comply with the
anchoring requirements described in subparagraph (A) if--
(i)(I) the trailer home was or is installed after 2005; and
(II) the installation complied with and continues to comply
with foundation installation requirements of the Department
of Housing and Urban Development (as in effect at the time of
the installation); or
(ii) the anchoring system of the trailer home is certified
to be of equal or better strength than the system described
in subparagraph (A), as determined by a person qualified to
make such a certification.
(3) Additional anchoring requirements.--
(A) Additions to trailer homes.--
(i) In general.--Each addition to a trailer home subject to
the anchoring requirements described in paragraph (2)(A)
shall be anchored in accordance with the applicable
requirements described in that paragraph.
(ii) Alternative requirements.--Each addition to a trailer
home subject to the anchoring requirements described in
paragraph (2)(B)(ii) shall be anchored in accordance with the
requirements described in that paragraph.
(B) Other objects.--Each deck, porch, entryway, step,
propane tank, and storage shed on a lot in a trailer area
shall be anchored in a secure and practical manner.
(f) Replacement Removal and Return.--
(1) Replacement.--Permittees may replace their trailer home
with another trailer home.
(2) Removal and return.--Permittees may--
(A) remove their trailer home; and
(B) if the permittee removes their trailer home under
subparagraph (A), return the trailer home to the lot of the
permittee.
(g) Liability.--The United States shall not be liable for
damages arising out of any act, omission, or occurrence
relating to a lot to which a permit applies, 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.
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