text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Blunt Reservoir and Pierre Canal 
  Land Conveyance Act of 2006''.
  
  SEC. 2. BLUNT RESERVOIR AND PIERRE CANAL.
  
      (a) Definitions.--In this section:
          (1) Blunt reservoir feature.--The term ``Blunt Reservoir 
      feature'' means the Blunt Reservoir feature of the Oahe Unit, James 
      Division, authorized by the Act of August 3, 1968 (82 Stat. 624), 
      as part of the Pick-Sloan Missouri River Basin program.
          (2) Commission.--The term ``Commission'' means the Commission 
      of Schools and Public Lands of the State.
          (3) Nonpreferential lease parcel.--The term ``nonpreferential 
      lease parcel'' means a parcel of land that--
              (A) was purchased by the Secretary for use in connection 
          with the Blunt Reservoir feature or the Pierre Canal feature; 
          and
              (B) was considered to be a nonpreferential lease parcel by 
          the Secretary as of January 1, 2001, and is reflected as such 
          on the roster of leases of the Bureau of Reclamation for 2001.
          (4) Pierre canal feature.--The term ``Pierre Canal feature'' 
      means the Pierre Canal feature of the Oahe Unit, James Division, 
      authorized by the Act of August 3, 1968 (82 Stat. 624), as part of 
      the Pick-Sloan Missouri River Basin program.
          (5) Preferential leaseholder.--The term ``preferential 
      leaseholder'' means a person or descendant of a person that held a 
      lease on a preferential lease parcel as of January 1, 2001, and is 
      reflected as such on the roster of leases of the Bureau of 
      Reclamation for 2001.
          (6) Preferential lease parcel.--The term ``preferential lease 
      parcel'' means a parcel of land that--
              (A) was purchased by the Secretary for use in connection 
          with the Blunt Reservoir feature or the Pierre Canal feature; 
          and
              (B) was considered to be a preferential lease parcel by the 
          Secretary as of January 1, 2001, and is reflected as such on 
          the roster of leases of the Bureau of Reclamation for 2001.
          (7) Secretary.--The term ``Secretary'' means the Secretary of 
      the Interior, acting through the Commissioner of Reclamation.
          (8) State.--The term ``State'' means the State of South Dakota, 
      including a successor in interest of the State.
          (9) Unleased parcel.--The term ``unleased parcel'' means a 
      parcel of land that--
              (A) was purchased by the Secretary for use in connection 
          with the Blunt Reservoir feature or the Pierre Canal feature; 
          and
              (B) is not under lease as of the date of enactment of this 
          Act.
      (b) Deauthorization.--The Blunt Reservoir feature is deauthorized.
      (c) Acceptance of Land and Obligations.--
          (1) In general.--As a term of each conveyance under subsections 
      (d)(5) and (e), respectively, the State may agree to accept--
              (A) in ``as is'' condition, the portions of the Blunt 
          Reservoir feature and the Pierre Canal feature that pass into 
          State ownership;
              (B) any liability accruing after the date of conveyance as 
          a result of the ownership, operation, or maintenance of the 
          features referred to in subparagraph (A), including liability 
          associated with certain outstanding obligations associated with 
          expired easements, or any other right granted in, on, over, or 
          across either feature; and
              (C) the responsibility that the Commission will act as the 
          agent for the Secretary in administering the purchase option 
          extended to preferential leaseholders under subsection (d).
          (2) Responsibilities of the state.--An outstanding obligation 
      described in paragraph (1)(B) shall inure to the benefit of, and be 
      binding upon, the State.
          (3) Oil, gas, mineral and other outstanding rights.--A 
      conveyance to the State under subsection (d)(5) or (e) or a sale to 
      a preferential leaseholder under subsection (d) shall be made 
      subject to--
              (A) 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
              (B) any permit, license, lease, right-of-use, or right-of-
          way of record in, on, over, or across a feature referred to in 
          paragraph (1)(A) that is outstanding as to a third party as of 
          the date of enactment of this Act.
          (4) Additional conditions of conveyance to state.--A conveyance 
      to the State under subsection (d)(5) or (e) shall be subject to the 
      reservations by the United States and the conditions specified in 
      section 1 of the Act of May 19, 1948 (chapter 310; 62 Stat. 240), 
      as amended (16 U.S.C. 667b), for the transfer of property to State 
      agencies for wildlife conservation purposes.
      (d) Purchase Option.--
          (1) In general.--A preferential leaseholder shall have an 
      option to purchase from the Secretary or the Commission, acting as 
      an agent for the Secretary, the preferential lease parcel that is 
      the subject of the lease.
          (2) Terms.--
              (A) In general.--Except as provided in subparagraph (B), a 
          preferential leaseholder may elect to purchase a parcel on one 
          of the following terms:
                  (i) Cash purchase for the amount that is equal to--
  
                      (I) the value of the parcel determined under 
                  paragraph (4); minus
                      (II) ten percent of that value.
  
                  (ii) Installment purchase, with 10 percent of the value 
              of the parcel determined under paragraph (4) to be paid on 
              the date of purchase and the remainder to be paid over not 
              more than 30 years at 3 percent annual interest.
              (B) Value under $10,000.--If the value of the parcel is 
          under $10,000, the purchase shall be made on a cash basis in 
          accordance with subparagraph (A)(i).
          (3) Option exercise period.--
              (A) In general.--A preferential leaseholder shall have 
          until the date that is 5 years after enactment of this Act to 
          exercise the option under paragraph (1).
              (B) Continuation of leases.--Until the date specified in 
          subparagraph (A), a preferential leaseholder shall be entitled 
          to continue to lease from the Secretary the parcel leased by 
          the preferential leaseholder under the same terms and 
          conditions as under the lease, as in effect as of the date of 
          enactment of this Act.
          (4) Valuation.--
              (A) In general.--The value of a preferential lease parcel 
          shall be its fair market value for agricultural purposes 
          determined by an independent appraisal less 25 percent, 
          exclusive of the value of private improvements made by the 
          leaseholders while the land was federally owned before the date 
          of the enactment of this Act, in conformance with the Uniform 
          Appraisal Standards for Federal Land Acquisition.
              (B) Fair market value.--Any dispute over the fair market 
          value of a property under subparagraph (A) shall be resolved in 
          accordance with section 2201.4 of title 43, Code of Federal 
          Regulations.
          (5) Conveyance to the state.--
              (A) In general.--If a preferential leaseholder fails to 
          purchase a parcel within the period specified in paragraph 
          (3)(A), the Secretary shall offer to convey the parcel to the 
          State of South Dakota Department of Game, Fish, and Parks.
              (B) Wildlife habitat mitigation.--Land conveyed under 
          subparagraph (A) shall be used by the South Dakota Department 
          of Game, Fish, and Parks for the purpose of mitigating the 
          wildlife habitat that was lost as a result of the development 
          of the Pick-Sloan project.
          (6) Use of proceeds.--Proceeds of sales of land under this Act 
      shall be deposited as miscellaneous funds in the Treasury and such 
      funds shall be made available, subject to appropriations, to the 
      State for the establishment of a trust fund to pay the county taxes 
      on the lands received by the State Department of Game, Fish, and 
      Parks under the bill.
      (e) Conveyance of Nonpreferential Lease Parcels and Unleased 
  Parcels.--
          (1) Conveyance by secretary to state.--
              (A) In general.--Not later than 1 year after the date of 
          enactment of this Act, the Secretary shall offer to convey to 
          the South Dakota Department of Game, Fish, and Parks the 
          nonpreferential lease parcels and unleased parcels of the Blunt 
          Reservoir and Pierre Canal.
              (B) Wildlife habitat mitigation.--Land conveyed under 
          subparagraph (A) shall be used by the South Dakota Department 
          of Game, Fish, and Parks for the purpose of mitigating the 
          wildlife habitat that was lost as a result of the development 
          of the Pick-Sloan project.
          (2) Land exchanges for nonpreferential lease parcels and 
      unleased parcels.--
              (A) In general.--With the concurrence of the South Dakota 
          Department of Game, Fish, and Parks, the South Dakota 
          Commission of Schools and Public Lands may allow a person to 
          exchange land that the person owns elsewhere in the State for a 
          nonpreferential lease parcel or unleased parcel at Blunt 
          Reservoir or Pierre Canal, as the case may be.
              (B) Priority.--The right to exchange nonpreferential lease 
          parcels or unleased parcels shall be granted in the following 
          order or priority:
                  (i) Exchanges with current lessees for nonpreferential 
              lease parcels.
                  (ii) Exchanges with adjoining and adjacent landowners 
              for unleased parcels and nonpreferential lease parcels not 
              exchanged by current lessees.
              (C) Easement for water conveyance structure.--As a 
          condition of the exchange of land of the Pierre Canal feature 
          under this paragraph, the United States reserves a perpetual 
          easement to the land to allow for the right to design, 
          construct, operate, maintain, repair, and replace a pipeline or 
          other water conveyance structure over, under, across, or 
          through the Pierre Canal feature.
      (f) Release From Liability.--
          (1) In general.--Effective on the date of conveyance of any 
      parcel under this Act, the United States shall not be held liable 
      by any court for damages of any kind arising out of any act, 
      omission, or occurrence relating to the parcel, except for damages 
      for acts of negligence committed by the United States or by an 
      employee, agent, or contractor of the United States, before the 
      date of conveyance.
          (2) No additional liability.--Nothing in this section adds to 
      any liability that the United States may have under chapter 171 of 
      title 28, United States Code (commonly known as the ``Federal Tort 
      Claims Act'').
      (g) Requirements Concerning Conveyance of Lease Parcels.--
          (1) Interim requirements.--During the period beginning on the 
      date of enactment of this Act and ending on the date of conveyance 
      of the parcel, the Secretary shall continue to lease each 
      preferential lease parcel or nonpreferential lease parcel to be 
      conveyed under this section under the terms and conditions 
      applicable to the parcel on the date of enactment of this Act.
          (2) Provision of parcel descriptions.--Not later than 180 days 
      after the date of the enactment of this Act, the Secretary, in 
      consultation with the Commission, shall provide the State a full 
      legal description of all preferential lease parcels and 
      nonpreferential lease parcels that may be conveyed under this 
      section.
      (h) Curation of Archeological Collections.--The Secretary, in 
  consultation with the State, shall transfer, without cost to the State, 
  all archeological and cultural resource items collected from the Blunt 
  Reservoir feature and Pierre Canal feature to the South Dakota State 
  Historical Society.
      (i) Authorization of Appropriations.--There is authorized to be 
  appropriated to carry out this Act $750,000 to reimburse the Secretary 
  for expenses incurred in implementing this Act, and such sums as are 
  necessary to reimburse the Commission and the State Department of Game, 
  Fish, and Parks for expenses incurred implementing this Act, not to 
  exceed 10 percent of the cost of each transaction conducted under this 
  Act.
  
                                 Speaker of the House of Representatives.
  
                              Vice President of the United States and    
                                                 President of the Senate.
target: Blunt Reservoir and Pierre Canal Land Conveyance Act of 2006 - Deauthorizes the Blunt Reservoir feature of the Oahe Irrigation Project authorized as part of the Pick-Sloan Missouri River Basin Program.
  
  Allows preferential leaseholders of parcels of the Blunt Reservoir and Pierre Canal an option to purchase such parcels from the Secretary of the Interior (acting through the Commissioner of Reclamation) or the Commission of Schools and Public Lands of South Dakota for five years after this Act's enactment and for the fair market value for agricultural purposes less 25%, exclusive of the value of improvements made while the land was federally owned. Directs the Secretary to offer to convey to the South Dakota Department of Game, Fish, and Parks all preferential lease parcels not purchased by the leaseholder, and the nonpreferential leased parcels and unleased parcels of the Blunt Reservoir and Pierre Canal, to be used for mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project. Authorizes the Commission, with the Department's concurrence, to allow a person to exchange other land in South Dakota for a nonpreferential lease parcel or unleased parcel at Blunt Reservoir or Pierre Canal. Requires priority to be granted to: (1) exchanges with current lessees for nonpreferential lease parcels; and (2) exchanges with adjoining and adjacent landowners for unleased parcels and nonpreferential lease parcels not exchanged by current lessees. Conditions the exchange of land of the Pierre Canal Feature on U.S. reservation of a perpetual easement to the land to allow it to design, construct, operate, maintain, repair, and replace a pipeline or other water conveyance structure over, under, across, or through the Pierre Canal feature. Shields the United States from liability for damages arising out of any act, omission, or occurrence relating to parcels conveyed under this Act, except for acts of negligence committed before the date of conveyance. Directs the Secretary: (1) to continue, until the conveyance date, to lease each parcel to be conveyed according to the terms and conditions applicable on the date of enactment of this Act; and (2) to provide South Dakota with a full legal description of all parcels that may be conveyed. Directs the Secretary to transfer all archeological and cultural resource items collected from the Blunt Reservoir Feature and Pierre Canal Feature to the South Dakota State Historical Society. Authorizes appropriations to reimburse the Secretary, the Commission, and the Department for expenses incurred in implementing this Act, not to exceed 10% of the cost of each transaction.
feat_title: A bill to direct the Secretary of the Interior to convey certain parcels of land acquired for the Blunt Reservoir and Pierre Canal features of the initial stage of the Oahe Unit, James Division, South Dakota, to the Commission of Schools and Public Lands and the Department of Game, Fish, and Parks of the State of South Dakota for the purpose of mitigating lost wildlife habitat, on the condition that the current preferential leaseholders shall have an option to purchase the parcels from the Commission, and for other purposes.