H.R. 8413

Swanson and Hugh Butler Reservoirs Land Conveyances Act

Statement for the Record

Bureau of Reclamation

U.S. Department of the Interior

House Committee on Natural Resources

Subcommittee on Water, Wildlife, and Fisheries

H.R. 8413, Swanson and Hugh Butler Reservoirs and Land Conveyances Act

September 10, 2024

Reclamation plays an important role in meeting the increasing public demand for water-based outdoor recreation facilities and opportunities. The recreation areas developed as a result of Reclamation water projects provide approximately 6.5 million acres of land and water that is largely available for public outdoor recreation. Among these expansive public resources are several facilities in Nebraska where Reclamation has worked to improve the use of and access to recreation for the benefit of the public. In 2023, this included efforts to begin implementing improvement plans for the Swanson and Red Willow Reservoir concession areas. The proposed improvements are intended to support a blend of dispersed camping and developed facilities such as camper hookups, tiny house cabin sites, shower houses and trails that add to the diversity of recreation opportunities and experiences at the two sites.

The redevelopment plans have been in the making for more than 23 years and are intended to address several hazards concerning life safety and utility compliance with federal, state, and local regulations at the concession areas. Reclamation’s proposed improvements to the sites were intended to increase public access to the requested recreation facilities.

However, these proposed changes resulted in some concerns from the local communities that currently make use of some existing private exclusive use legacy cabin facilities and who wish to continue to do so under the present arrangement, despite the age and condition of several of these facilities. In response to these concerns, the Nebraska delegation requested time to work with Reclamation and local parties to find a different long-term solution that accommodates the current residents’ desires. That effort has resulted in H.R. 8413 the Swanson and Hugh Butler Reservoirs Land Conveyances Act. Absent enactment of this legislation, Reclamation intends to continue with its original redevelopment plans in 2025.

The facilities to be conveyed under H.R. 8413 are counted among the numerous dams, canals, and hydropower plants constructed by Reclamation that provide water and power across the 17 western states. For most of these project facilities, Reclamation has transferred all or part of the responsibility for operation, maintenance, and replacement to a project beneficiary. Title, or ownership, to Reclamation facilities, however, remains with the United States Government unless Congress passes legislation directing otherwise.

The transfer of title divests Reclamation of responsibility for the operation, maintenance, replacement, management, regulation of, and most of the liability for Federal interests in lands and project facilities, while providing non-Federal entities with greater autonomy and flexibility to manage the facilities. 

In 2019 the John D. Dingell, Jr. Conservation, Management, and Recreation Act (P.L. 116-9) was signed into law. Title VIII of this Act provides Reclamation with authority to transfer title to certain eligible facilities to qualifying entities without separate and individual acts of Congress. However, P.L. 116-9 outlined provisions that excluded title transfer authority for certain facilities. Reclamation has determined that this exclusion applies to the transfer of the recreational land at Swanson Reservoir and Hugh Butler Reservoir in the State of Nebraska in lieu of site-specific legislation. H.R. 8413 would then provide Reclamation with the necessary authority to convey title to land at both reservoirs, subject to its various conditions.

In general, the intent of H.R. 8413 is to provide a path for Frontier and Hitchcock Counties in Nebraska to take ownership of certain Federal lands that would otherwise be redeveloped for public recreation use. H.R. 8413 enables local management of the recreational lands and alleviates Reclamation’s administrative oversight and management responsibilities of the land. Section 3 of H.R. 8413 would provide for the transfer of requested lands at Swanson Reservoir to Hitchcock County. This includes a 20-acre public concession, a 21.5-acre private concession, and 11 private cabin lots totaling approximately 6-acres. Section 4 of H.R.8413 would similarly provide for the transfer of lands at Red Willow Reservoir to Frontier County. This includes a 23-acre public concession and 8 private cabin lots totaling approximately 6.5-acres.

The sequence for transfer under H.R. 8413 largely follows Reclamation’s standard process for title transfer as included within Reclamation Manual Directives and Standards, CMP 11–01. For each potential transfer, H.R. 8413 includes several stipulations. These include: that the transfer for each requested site proceeds in whole and is not subdivided; that each area continues to be managed for substantially the same current purpose; that the final transfer contains the necessary leases, permits, rights-of-way, easements, and terms necessary to ensure the title transfer would not result in an adverse impact on existing water or power delivery obligations; and that the transfer complies with all applicable federal and state laws.

For each transfer, H.R. 8413 directs Reclamation to make an offer of conveyance and enter into a memorandum of agreement to effectuate the transfer, resulting in a title transfer agreement finalized within three years after enactment. As part of the memorandum of agreement, the Counties must demonstrate their capability to operate and maintain the land, satisfy financial obligations, and to address any issues of non-compliance with applicable State fire, safety, and health codes and standards not later than 2 years after the date of the conveyance.

Additionally, H.R. 8413 would require that the counties provide, as compensation for the transfer, the fair market value of the lands, to ensure that conveyance of this land does not convey unauthorized benefits and is in the financial interest of the United States. The determination of fair market value must be completed in accordance with the Uniform Standards of Professional Appraisal Practice. Further, consistent with Reclamation’s standard policy, H.R. 8413 would require that each county provide funding, in advance, for the estimated costs to be incurred by Reclamation to process the conveyance request. Finally, H.R. 8413 would ensure that any subsequent transfer would be at no cost, with the same terms as this proposed transfer, and would be conveyed to another State or public entity to ensure that the lands would remain in the public domain.  

Reclamation is committed to ensuring that the recreation facilities at both Red Willow and Swanson Reservoirs are available for public enjoyment and are compliant with all relevant federal, state, and local regulations. H.R. 8413 will legislatively preserve the status-quo of private exclusive use of the requested lands, subject to each County’s discretion moving forward, and discontinues Reclamation’s redevelopment plans.  

If enacted, we encourage each County to look for opportunities to improve public access to these recreational facilities. Reclamation is hopeful that the local authorities, to whom H.R. 8413 transfers title, will ensure that the requested lands be used to meet the outdoor recreation needs of the public and is supportive of their efforts to do so, whether accomplished through H.R. 8413 or through Reclamation’s redevelopment plans.