[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 890 Enrolled Bill (ENR)]

        S.890

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 An Act


 
To dispose of certain Federal properties located in Dutch John, Utah, to 
assist the local government in the interim delivery of basic services to 
            the Dutch John community, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dutch John Federal Property 
Disposition and Assistance Act of 1998''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
        (1)(A) Dutch John, Utah, was founded by the Secretary of the 
    Interior in 1958 on Bureau of Reclamation land as a community to 
    house personnel, administrative offices, and equipment for project 
    construction and operation of the Flaming Gorge Dam and Reservoir 
    as authorized by the Act of April 11, 1956 (70 Stat. 105, chapter 
    203; 43 U.S.C. 620 et seq.); and
        (B) permanent structures (including houses, administrative 
    offices, equipment storage and maintenance buildings, and other 
    public buildings and facilities) were constructed and continue to 
    be owned and maintained by the Secretary of the Interior;
        (2)(A) Bureau of Reclamation land surrounding the Flaming Gorge 
    Reservoir (including the Dutch John community) was included within 
    the boundaries of the Flaming Gorge National Recreation Area in 
    1968 under Public Law 90-540 (16 U.S.C. 460v et seq.);
        (B) Public Law 90-540 assigned responsibility for 
    administration, protection, and development of the Flaming Gorge 
    National Recreation Area to the Secretary of Agriculture and 
    provided that lands and waters needed or used for the Colorado 
    River Storage Project would continue to be administered by the 
    Secretary of the Interior; and
        (C) most structures within the Dutch John community (including 
    the schools and public buildings within the community) occupy lands 
    administered by the Secretary of Agriculture;
        (3)(A) the Secretary of Agriculture and the Secretary of the 
    Interior are unnecessarily burdened with the cost of continuing to 
    provide basic services and facilities and building maintenance and 
    with the administrative costs of operating the Dutch John 
    community; and
        (B) certain structures and lands are no longer essential to 
    management of the Colorado River Storage Project or to management 
    of the Flaming Gorge National Recreation Area;
        (4)(A) residents of the community are interested in purchasing 
    the homes they currently rent from the Secretary of the Interior 
    and the land on which the homes are located;
        (B) Daggett County, Utah, is interested in reducing the 
    financial burden the County experiences in providing local 
    government support services to a community that produces little 
    direct tax revenue because of Federal ownership; and
        (C) a withdrawal of the role of the Federal Government in 
    providing basic direct community services to Dutch John would 
    require local government to provide the services at a substantial 
    cost;
        (5)(A) residents of the Dutch John community are interested in 
    self-government of the community; and
        (B) with growing demands for additional commercial recreation 
    services for visitors to the Flaming Gorge National Recreation Area 
    and Ashley National Forest, there are opportunities for private 
    economic development, but few private lands are available for the 
    services; and
        (6) the privatization and disposal to local government of 
    certain lands in and surrounding Dutch John would be in the public 
    interest.
    (b) Purposes.--The purposes of this Act are--
        (1) to privatize certain lands in and surrounding Dutch John, 
    Utah;
        (2) to transfer jurisdiction of certain Federal property 
    between the Secretary of Agriculture and the Secretary of the 
    Interior;
        (3) to improve the Flaming Gorge National Recreation Area;
        (4) to dispose of certain residential units, public buildings, 
    and facilities;
        (5) to provide interim financial assistance to local government 
    to defray the cost of providing basic governmental services;
        (6) to achieve efficiencies in operation of the Flaming Gorge 
    Dam and Reservoir and the Flaming Gorge National Recreation Area;
        (7) to reduce long-term Federal outlays; and
        (8) to serve the interests of the residents of Dutch John and 
    Daggett County, Utah, and the general public.

SEC. 3. DEFINITIONS.

    In this Act:
        (1) Secretary of agriculture.--The term ``Secretary of 
    Agriculture'' means the Secretary of Agriculture, acting through 
    the Chief of the Forest Service.
        (2) Secretary of the interior.--The term ``Secretary of the 
    Interior'' means the Secretary of the Interior, acting through the 
    Commissioner of the Bureau of Reclamation.

SEC. 4. DISPOSITION OF CERTAIN LANDS AND PROPERTIES.

    (a) In General.--Lands, structures, and community infrastructure 
facilities within or associated with Dutch John, Utah, that have been 
identified by the Secretary of Agriculture or the Secretary of the 
Interior as unnecessary for support of the agency of the respective 
Secretary shall be transferred or disposed of in accordance with this 
Act.
    (b) Land Description.--Except as provided in subsection (e), the 
Secretary of Agriculture and the Secretary of the Interior shall 
dispose of (in accordance with this Act) approximately 2,450 acres 
within or associated with the Dutch John, Utah, community in the NW\1/
4\ NW\1/4\, S\1/2\ NW\1/4\, and S\1/2\ of Section 1, the S\1/2\ of 
Section 2, 10 acres more or less within the NE\1/4\ SW\1/4\ of Section 
3, Sections 11 and 12, the N\1/2\ of Section 13, and the E\1/2\ NE\1/4\ 
of Section 14 of Township 2 North, Range 22 East, Salt Lake Base and 
Meridian, that have been determined to be available for transfer by the 
Secretary of Agriculture and the Secretary of the Interior, 
respectively.
    (c) Infrastructure Facilities and Land.--Except as provided in 
subsection (e), the Secretary of the Interior shall dispose of (in 
accordance with this Act) community infrastructure facilities and land 
that have been determined to be available for transfer by the Secretary 
of the Interior, including the following:
        (1) The fire station, sewer systems, sewage lagoons, water 
    systems (except as provided in subsection (e)(3)), old post office, 
    electrical and natural gas distribution systems, hospital building, 
    streets, street lighting, alleys, sidewalks, parks, and community 
    buildings located within or serving Dutch John, including fixtures, 
    equipment, land, easements, rights-of-way, or other property 
    primarily used for the operation, maintenance, replacement, or 
    repair of a facility referred to in this paragraph.
        (2) The Dutch John Airport, comprising approximately 25 acres, 
    including runways, roads, rights-of-way, and appurtenances to the 
    Airport, subject to such monitoring and remedial action by the 
    United States as is necessary.
        (3) The lands on which are located the Dutch John public 
    schools, which comprise approximately 10 acres.
    (d) Other Properties and Facilities.--The Secretary of Agriculture 
and the Secretary of the Interior shall dispose of (in accordance with 
this Act) the other properties and facilities that have been determined 
to be available for transfer or disposal by the Secretary of 
Agriculture and the Secretary of the Interior, respectively, including 
the following:
        (1) Certain residential units occupied on the date of enactment 
    of this Act, as determined by the Secretary of the Interior.
        (2) Certain residential units unoccupied on the date of 
    enactment of this Act, as determined by the Secretary of the 
    Interior.
        (3) Lots within the Dutch John community that are occupied on 
    the date of enactment of this Act by privately owned modular homes 
    under lease agreements with the Secretary of the Interior.
        (4) Unoccupied platted lots within the Dutch John community.
        (5) The land, comprising approximately 3.8 acres, on which is 
    located the Church of Jesus Christ of Latter Day Saints, within 
    Block 9, of the Dutch John community.
        (6) The lands for which special use permits, easements, or 
    rights-of-way for commercial uses have been issued by the Forest 
    Service.
        (7) The lands on which are located the offices, 3 employee 
    residences, warehouses, and facilities of the Utah Division of 
    Wildlife Resources, as described in the survey required under 
    section 7, including yards and land defined by fences in existence 
    on the date of enactment of this Act.
        (8) The Dutch John landfill site, subject to such monitoring 
    and remedial action by the United States as is necessary, with 
    responsibility for monitoring and remediation being shared by the 
    Secretary of Agriculture and the Secretary of the Interior 
    proportionate to their historical use of the site.
        (9) Such fixtures and furnishings in existence and in place on 
    the date of enactment of this Act as are mutually determined by 
    Daggett County, the Secretary of Agriculture, and the Secretary of 
    the Interior to be necessary for the full use of properties or 
    facilities disposed of under this Act.
        (10) Such other properties or facilities at Dutch John that the 
    Secretary of Agriculture or the Secretary of the Interior 
    determines are not necessary to achieve the mission of the 
    respective Secretary and the disposal of which would be consistent 
    with this Act.
    (e) Retained Properties.--Except to the extent the following 
properties are determined by the Secretary of Agriculture or the 
Secretary of the Interior to be available for disposal, the Secretary 
of Agriculture and the Secretary of the Interior shall retain for their 
respective use the following:
        (1) All buildings and improvements located within the 
    industrial complex of the Bureau of Reclamation, including the 
    maintenance shop, 40 industrial garages, 2 warehouses, the 
    equipment storage building, the flammable equipment storage 
    building, the hazardous waste storage facility, and the property on 
    which the buildings and improvements are located.
        (2) 17 residences under the jurisdiction of the Secretary of 
    the Interior and the Secretary of Agriculture, of which--
            (A) 15 residences shall remain under the jurisdiction of 
        the Secretary of the Interior; and
            (B) 2 residences shall remain under the jurisdiction of the 
        Secretary of Agriculture.
        (3) The Dutch John water system raw water supply line and 
    return line between the power plant and the water treatment plant, 
    pumps and pumping equipment, and any appurtenances and rights-of-
    way to the line and other facilities, with the retained facilities 
    to be operated and maintained by the United States with pumping 
    costs and operation and maintenance costs of the pumps to be 
    included as a cost to Daggett County in a water service contract.
        (4) The heliport and associated real estate, consisting of 
    approximately 20 acres, which shall remain under the jurisdiction 
    of the Secretary of Agriculture.
        (5) The Forest Service warehouse complex and associated real 
    estate, consisting of approximately 2 acres, which shall remain 
    under the jurisdiction of the Secretary of Agriculture.
        (6) The Forest Service office complex and associated real 
    estate, which shall remain under the jurisdiction of the Secretary 
    of Agriculture.
        (7) The United States Post Office, pursuant to Forest Service 
    Special Use Permit No. 1073, which shall be transferred to the 
    jurisdiction of the United States Postal Service pursuant to 
    section 6(d).

SEC. 5. REVOCATION OF WITHDRAWALS.

    In the case of lands and properties transferred under section 4, 
effective on the date of transfer to the Secretary of the Interior (if 
applicable) or conveyance by quitclaim deed out of Federal ownership, 
authorization for each of the following withdrawals is revoked:
        (1) The Public Water Reserve No. 16, Utah No. 7, dated March 9, 
    1914.
        (2) The Secretary of the Interior Order dated October 20, 1952.
        (3) The Secretary of the Interior Order dated July 2, 1956, No. 
    71676.
        (4) The Flaming Gorge National Recreation Area, dated October 
    1, 1968, established under Public Law 90-540 (16 U.S.C. 460v et 
    seq.), as to lands described in section 4(b).
        (5) The Dutch John Administrative Site, dated December 12, 1951 
    (PLO 769, U-0611).

SEC. 6. TRANSFER OF JURISDICTION.

    (a) Transfers From the Secretary of Agriculture.--Except for 
properties retained under section 4(e), all lands designated under 
section 4 for disposal shall be--
        (1) transferred from the jurisdiction of the Secretary of 
    Agriculture to the Secretary of the Interior and, if appropriate, 
    the United States Postal Service; and
        (2) removed from inclusion in the Ashley National Forest and 
    the Flaming Gorge National Recreation Area.
    (b) Transfers From the Secretary of the Interior.--
        (1) In general.--The Secretary of the Interior shall transfer 
    to the Secretary of Agriculture administrative jurisdiction over 
    certain lands and interests in land described in paragraph (2), 
    containing approximately 2,167 acres located in Duchesne and 
    Wasatch Counties, Utah, acquired by the Secretary of the Interior 
    for the Central Utah Project.
        (2) Land description.--The lands referred to in paragraph (1) 
    are lands indicated on the maps generally depicting--
            (A) the Dutch John transfer of the Ashley National Forest 
        to the State of Utah, dated February 1997;
            (B) the Dutch John transfer of the Uinta National Forest to 
        the State of Utah, dated February 1997;
            (C) lands to be transferred to the Forest Service: Lower 
        Stillwater Properties;
            (D) lands to be transferred to the Forest Service: Red 
        Hollow (Diamond Properties); and
            (E) lands to be transferred to the Forest Service: Coal 
        Mine Hollow (Current Creek Reservoir).
        (3) Status of lands.--
            (A) National forests.--The lands and interests in land 
        transferred to the Secretary of Agriculture under paragraph (1) 
        shall become part of the Ashley or Uinta National Forest, as 
        appropriate. The Secretary of Agriculture shall adjust the 
        boundaries of each of the National Forests to reflect the 
        additional lands.
            (B) Management.--The transferred lands shall be managed in 
        accordance with the Act of March 1, 1911 (commonly known as the 
        ``Weeks Law'') (36 Stat. 962, chapter 186; 16 U.S.C. 515 et 
        seq.) and other laws (including rules and regulations) 
        applicable to the National Forest System.
            (C) Wildlife mitigation.--As of the date of the transfer 
        under paragraph (1), the wildlife mitigation requirements of 
        section 8 of the Act of April 11, 1956 (43 U.S.C. 620g), shall 
        be deemed to be met.
            (D) Adjustment of boundaries.--This paragraph does not 
        limit the authority of the Secretary of Agriculture to adjust 
        the boundaries of the Ashley or Uinta National Forest pursuant 
        to section 11 of the Act of March 1, 1911 (commonly known as 
        the ``Weeks Law'') (36 Stat. 963, chapter 186; 16 U.S.C. 521).
        (4) Land and water conservation fund.--For the purposes of 
    section 7 of the Land and Water Conservation Fund Act of 1965 (16 
    U.S.C. 460l-9), the boundaries of the Ashley and Uinta National 
    Forests, as adjusted under this section, shall be considered to be 
    the boundaries of the Forests as of January 1, 1965.
    (c) Federal Improvements.--The Secretary of the Interior shall 
transfer to the Secretary of Agriculture jurisdiction over Federal 
improvements to the lands transferred under this section.
    (d) Transfers From the Secretary of Agriculture.--The Secretary of 
Agriculture shall transfer to the United States Postal Service 
administrative jurisdiction over certain lands and interests in land 
subject to Forest Service Special Use Permit No. 1073, containing 
approximately 0.34 acres.
    (e) Withdrawals.--Notwithstanding subsection (a), lands retained by 
the Federal Government under this Act shall continue to be withdrawn 
from mineral entry under the United States mining laws.

SEC. 7. SURVEYS.

    The Secretary of the Interior shall survey or resurvey all or 
portions of the Dutch John community as necessary--
        (1) to accurately describe parcels identified under this Act 
    for transfer among agencies, for Federal disposal, or for retention 
    by the United States; and
        (2) to facilitate future recordation of title.

SEC. 8. PLANNING.

    (a) Responsibility.--In cooperation with the residents of Dutch 
John, the Secretary of Agriculture, and the Secretary of the Interior, 
Daggett County, Utah, shall be responsible for developing a land use 
plan that is consistent with maintenance of the values of the land that 
is adjacent to land that remains under the jurisdiction of the 
Secretary of Agriculture or Secretary of the Interior under this Act.
    (b) Cooperation.--The Secretary of Agriculture and the Secretary of 
the Interior shall cooperate with Daggett County in ensuring that 
disposal processes are consistent with the land use plan developed 
under subsection (a) and with this Act.

SEC. 9. APPRAISALS.

    (a) Requirements.--
        (1) In general.--Not later than 180 days after the date of 
    enactment of this Act, the Secretary of the Interior shall conduct 
    appraisals to determine the fair market value of properties 
    designated for disposal under paragraphs (1), (2), (3), (5), and 
    (7) of section 4(d).
        (2) Unoccupied platted lots.--Not later than 90 days after the 
    date of receipt by the Secretary of the Interior from an eligible 
    purchaser of a written notice of intent to purchase an unoccupied 
    platted lot referred to in section 4(d)(4), the Secretary of the 
    Interior shall conduct an appraisal of the lot.
        (3) Special use permits.--
            (A) In general.--Not later than 90 days after the date of 
        receipt by the Secretary of the Interior from a permit holder 
        of a written notice of intent to purchase a property described 
        in section 10(g), the Secretary of the Interior shall conduct 
        an appraisal of the property.
            (B) Improvements and alternative land.--An appraisal to 
        carry out subparagraph (A) may include an appraisal of the 
        value of permit holder improvements and alternative land in 
        order to conduct an in-lieu land sale.
        (4) Occupied parcels.--In the case of an occupied parcel, an 
    appraisal under this subsection shall include an appraisal of the 
    full fee value of the occupied lot or land parcel and the value of 
    residences, structures, facilities, and existing, in-place 
    federally owned fixtures and furnishings necessary for full use of 
    the property.
        (5) Unoccupied parcels.--In the case of an unoccupied parcel, 
    an appraisal under this subsection shall consider potential future 
    uses of the parcel that are consistent with the land use plan 
    developed under section 8(a) (including the land use map of the 
    plan) and with subsection (c).
        (6) Funding.--Funds for appraisals conducted under this section 
    shall be derived from the Upper Colorado River Basin Fund 
    authorized by section 5 of the Act of April 11, 1956 (70 Stat. 107, 
    chapter 203; 43 U.S.C. 620d).
    (b) Reductions for Improvements.--An appraisal of a residence or a 
structure or facility leased for private use under this section shall 
deduct the contributory value of improvements made by the current 
occupant or lessee if the occupant or lessee provides reasonable 
evidence of expenditure of money or materials in making the 
improvements.
    (c) Current Use.--An appraisal under this section shall consider 
the current use of a property (including the use of housing as a 
community residence) and avoid uncertain speculation as to potential 
future use.
    (d) Review.--
        (1) In general.--The Secretary of the Interior shall make an 
    appraisal under this section available for review by a current 
    occupant or lessee.
        (2) Additional information or appeal.--
            (A) In general.--The current occupant or lessee may provide 
        additional information, or appeal the findings of the appraisal 
        in writing, to the Upper Colorado Regional Director of the 
        Bureau of Reclamation.
            (B) Action by secretary of the interior.--The Secretary of 
        the Interior--
                (i) shall consider the additional information or 
            appeal; and
                (ii) may conduct a second appraisal if the Secretary 
            determines that a second appraisal is necessary.
    (e) Inspection.--The Secretary of the Interior shall provide 
opportunities for other qualified, interested purchasers to inspect 
completed appraisals under this section.

SEC. 10. DISPOSAL OF PROPERTIES.

    (a) Conveyances.--
        (1) Patents.--The Secretary of the Interior shall dispose of 
    properties identified for disposal under section 4, other than 
    properties retained under section 4(e), without regard to law 
    governing patents.
        (2) Condition and land.--Except as otherwise provided in this 
    Act, conveyance of a building, structure, or facility under this 
    Act shall be in its current condition and shall include the land 
    parcel on which the building, structure, or facility is situated.
        (3) Fixtures and furnishings.--An existing and in-place fixture 
    or furnishing necessary for the full use of a property or facility 
    under this Act shall be conveyed along with the property.
        (4) Maintenance.--
            (A) Before conveyance.--Before property is conveyed under 
        this Act, the Secretary of the Interior shall ensure reasonable 
        and prudent maintenance and proper care of the property.
            (B) After conveyance.--After property is conveyed to a 
        recipient under this Act, the recipient shall be responsible 
        for--
                (i) maintenance and proper care of the property; and
                (ii) any contamination of the property.
    (b) Infrastructure Facilities and Land.--Infrastructure facilities 
and land described in paragraphs (1) and (2) of section 4(c) shall be 
conveyed, without consideration, to Daggett County, Utah.
    (c) School.--The lands on which are located the Dutch John public 
schools described in section 4(c)(3) shall be conveyed, without 
consideration, to the Daggett County School District.
    (d) Utah Division of Wildlife Resources.--Lands on which are 
located the offices, 3 employee residences, warehouses, and facilities 
of the Utah Division of Wildlife Resources described in section 4(d)(7) 
shall be conveyed, without consideration, to the Division.
    (e) Residences and Lots.--
        (1) In general.--
            (A) Fair market value.--A residence and occupied 
        residential lot to be disposed of under this Act shall be sold 
        for the appraised fair market value.
            (B) Notice.--The Secretary of the Interior shall provide 
        local general public notice, and written notice to lessees and 
        to current occupants of residences and of occupied residential 
        lots for disposal, of the intent to sell properties under this 
        Act.
        (2) Purchase of residences or lots by lessees.--
            (A) In general.--Subject to subparagraph (B), the Secretary 
        of the Interior shall provide a holder of a current lease from 
        the Secretary for a residence to be sold under paragraph (1) or 
        (2) of section 4(d) or for a residential lot occupied by a 
        privately owned dwelling described in section 4(d)(3) a period 
        of 180 days beginning on the date of the written notice of the 
        Secretary of intent of the Secretary to sell the residence or 
        lot, to execute a contract with the Secretary of the Interior 
        to purchase the residence or lot for the appraised fair market 
        value.
            (B) Notice of intent to purchase.--To obtain the protection 
        of subparagraph (A), the lessee shall, during the 30-day period 
        beginning on the date of receipt of the notice referred to in 
        subparagraph (A), notify the Secretary in writing of the intent 
        of the lessee to purchase the residence or lot.
            (C) No notice or purchase contract.--If no written 
        notification of intent to purchase is received by the Secretary 
        in accordance with subparagraph (B) or if a purchase contract 
        has not been executed in accordance with subparagraph (A), the 
        residence or lot shall become available for purchase by other 
        persons under paragraph (3).
        (3) Purchase of residences or lots by other persons.--
            (A) Eligibility.--If a residence or lot becomes available 
        for purchase under paragraph (2)(C), the Secretary of the 
        Interior shall make the residence or lot available for purchase 
        by--
                (i) a current authorized occupant of the residence to 
            be sold;
                (ii) a holder of a current reclamation lease for a 
            residence within Dutch John;
                (iii) an employee of the Bureau of Reclamation or the 
            Forest Service who resides in Dutch John; or
                (iv) a Federal or non-Federal employee in support of a 
            Federal agency who resides in Dutch John.
            (B) Priority.--
                (i) Seniority.--Priority for purchase of properties 
            available for purchase under this paragraph shall be by 
            seniority of reclamation lease or residency in Dutch John.
                (ii) Priority list.--The Secretary of the Interior 
            shall compile a priority list of eligible potential 
            purchasers that is based on the length of continuous 
            residency in Dutch John or the length of a continuous 
            residence lease issued by the Bureau of Reclamation in 
            Dutch John, with the highest priority provided for 
            purchasers with the longest continuous residency or lease.
                (iii) Interruptions.--If a continuous residency or 
            lease was interrupted, the Secretary shall consider only 
            that most recent continuous residency or lease.
                (iv) Other factors.--In preparing the priority list, 
            the Secretary shall not consider a factor (including agency 
            employment or position) other than the length of the 
            current residency or lease.
                (v) Disputes.--A potential purchaser may file a written 
            appeal over a dispute involving eligibility or ranking on 
            the priority list with the Secretary of the Interior, 
            acting through the Upper Colorado Regional Director of the 
            Bureau of Reclamation. The Secretary, acting through the 
            Regional Director, shall consider the appeal and resolve 
            the dispute.
            (C) Notice.--The Secretary of the Interior shall provide 
        general public notice and written notice by certified mail to 
        eligible purchasers that specifies--
                (i) properties available for purchase under this 
            paragraph;
                (ii) the appraised fair market value of the properties;
                (iii) instructions for potential eligible purchasers; 
            and
                (iv) any purchase contract requirements.
            (D) Notice of intent to purchase.--An eligible purchaser 
        under this paragraph shall have a period of 90 days after 
        receipt of written notification to submit to the Secretary of 
        the Interior a written notice of intent to purchase a specific 
        available property at the listed appraised fair market value.
            (E) Notice of eligibility of highest eligible purchaser to 
        purchase property.--The Secretary of the Interior shall provide 
        notice to the potential purchaser with the highest eligible 
        purchaser priority for each property that the purchaser will 
        have the first opportunity to execute a sales contract and 
        purchase the property.
            (F) Availability to other purchasers on priority list.--If 
        no purchase contract is executed for a property by the highest 
        priority purchaser within the 180 days after receipt of notice 
        under subparagraph (E), the Secretary of the Interior shall 
        make the property available to other purchasers listed on the 
        priority list.
            (G) Limitation on number of properties.--No household may 
        purchase more than 1 residential property under this paragraph.
        (4) Residual property to county.--If a residence or lot to be 
    disposed of under this Act is not purchased in accordance with 
    paragraph (2) or (3) within 2 years after providing the first 
    notice of intent to sell under paragraph (1)(B), the Secretary of 
    the Interior shall convey the residence or lot to Daggett County 
    without consideration.
        (5) Advisory committee.--The Secretary of the Interior, acting 
    through the Upper Colorado Regional Director of the Bureau of 
    Reclamation, may appoint a nonfunded Advisory Committee comprised 
    of 1 representative from each of the Bureau of Reclamation, Daggett 
    County, and the Dutch John community to review and provide advice 
    to the Secretary on the resolution of disputes arising under this 
    subsection and subsection (f).
        (6) Financing.--The Secretary of the Interior shall provide 
    advice to potential purchasers under this subsection and subsection 
    (f) in obtaining appropriate and reasonable financing for the 
    purchase of a residence or lot.
    (f) Unoccupied Platted Lots.--
        (1) In general.--Except as provided in paragraph (2), the 
    Secretary of the Interior shall make an unoccupied platted lot 
    described in section 4(d)(4) available for sale to eligible 
    purchasers for the appraised fair market value of the lot.
        (2) Conveyance for public purpose.--On request from Daggett 
    County, the Secretary of the Interior may convey directly to the 
    County without consideration a lot referred to in paragraph (1) 
    that will be used for a public use purpose that is consistent with 
    the land use plan developed under section 8(a).
        (3) Administration.--The procedures established under 
    subsection (e) shall apply to this subsection to the maximum extent 
    practicable, as determined by the Secretary of the Interior.
        (4) Land-use designation.--For each lot sold under this 
    subsection, the Secretary of the Interior shall include in the 
    notice of intent to sell the lot provided under this subsection the 
    land-use designation of the lot established under the land use plan 
    developed under section 8(a).
        (5) Limitation on number of lots.--No household may purchase 
    more than 1 residential lot under this subsection.
        (6) Limitation on purchase of additional lots.--No household 
    purchasing an existing residence under this section may purchase an 
    additional single home, residential lot.
        (7) Residual lots to county.--If a lot described in paragraph 
    (1) is not purchased in accordance with paragraphs (1) through (6) 
    within 2 years after providing the first notice of intent to sell 
    under this subsection, the Secretary of the Interior shall convey 
    the lot to Daggett County without consideration.
    (g) Special Use Permits.--
        (1) Sale.--Lands on which Forest Service special use permits 
    are issued to holders numbered 4054 and 9303, Ashley National 
    Forest, comprising approximately 15.3 acres and 1 acre, 
    respectively, may be sold at appraised fair market value to the 
    holder of the permit.
        (2) Administration of permits.--On transfer of jurisdiction of 
    the land to the Secretary of the Interior pursuant to section 6, 
    the Secretary of the Interior shall administer the permits under 
    the terms and conditions of the permits.
        (3) Notice of availability for purchase.--The Secretary of the 
    Interior shall notify the respective permit holders in writing of 
    the availability of the land for purchase.
        (4) Appraisals.--The Secretary of the Interior shall not 
    conduct an appraisal of the land unless the Secretary receives a 
    written notice of intent to purchase the land within 2 years after 
    providing notice under paragraph (3).
        (5) Alternative parcels.--On request by permit holder number 
    9303, the Secretary of the Interior, in consultation with Daggett 
    County, may--
            (A) consider sale of a parcel within the Daggett County 
        community of similar size and appraised value in lieu of the 
        land under permit on the date of enactment of this Act; and
            (B) provide the holder credit toward the purchase or other 
        negotiated compensation for the appraised value of improvements 
        of the permittee to land under permit on the date of enactment 
        of this Act.
        (6) Residual land to county.--If land described in paragraph 
    (1) is not purchased in accordance with paragraphs (1) through (5) 
    within 2 years after providing the first notice of intent to sell 
    under this subsection, the Secretary of the Interior shall convey 
    the land to Daggett County without consideration.
    (h) Transfers to County.--Other land occupied by authorization of a 
special use permit, easement, or right-of-way to be disposed of under 
this Act shall be transferred to Daggett County if the holder of the 
authorization and the County, prior to transfer of the lands to the 
County--
        (1) agree to and execute a legal document that grants the 
    holder the rights and privileges provided in the existing 
    authorization; or
        (2) enter into another arrangement that is mutually 
    satisfactory to the holder and the County.
    (i) Church Land.--
        (1) In general.--The Secretary of the Interior shall offer to 
    sell land to be disposed of under this Act on which is located an 
    established church to the parent entity of the church at the 
    appraised fair market value.
        (2) Notice.--The Secretary of the Interior shall notify the 
    church in writing of the availability of the land for purchase.
        (3) Residual land to county.--If land described in paragraph 
    (1) is not purchased in accordance with paragraphs (1) and (2) 
    within 2 years after providing the first notice of intent to sell 
    under this subsection, the Secretary of the Interior shall convey 
    the land to Daggett County without consideration.
    (j) Residual Properties to County.--The Secretary of the Interior 
shall convey all lands, buildings, or facilities designated for 
disposal under this Act that are not conveyed in accordance with 
subsections (a) through (i) to Daggett County without consideration.
    (k) Water Rights.--
        (1) In general.--Subject to the other provisions of this 
    subsection, the Secretary of the Interior shall transfer all water 
    rights the Secretary holds that are applicable to the Dutch John 
    municipal water system to Daggett County.
        (2) Water service contract.--
            (A) In general.--Transfer of rights under paragraph (1) is 
        contingent on Daggett County entering into a water service 
        contract with the Secretary of the Interior covering payment 
        for and delivery of untreated water to Daggett County pursuant 
        to the Act of April 11, 1956 (70 Stat. 105, chapter 203; 43 
        U.S.C. 620 et seq.).
            (B) Delivered water.--The contract shall require payment 
        only for water actually delivered.
        (3) Existing rights.--Existing rights for transfer to Daggett 
    County under this subsection include--
            (A) Utah Water Right 41-2942 (A30557, Cert. No. 5903) for 
        0.08 cubic feet per second from a water well; and
            (B) Utah Water Right 41-3470 (A30414b), an unapproved 
        application to segregate 12,000 acre-feet per year of water 
        from the original approved Flaming Gorge water right (41-2963) 
        for municipal use in the town of Dutch John and surrounding 
        areas.
        (4) Culinary water supplies.--The transfer of water rights 
    under this subsection is conditioned on the agreement of Daggett 
    County to provide culinary water supplies to Forest Service 
    campgrounds served (on the date of enactment of this Act) by the 
    water supply system and to Forest Service and Bureau of Reclamation 
    facilities, at a rate equivalent to other similar uses.
        (5) Maintenance.--The Secretary of Agriculture and the 
    Secretary of the Interior shall be responsible for maintenance of 
    their respective water systems from the point of the distribution 
    lines of the systems.
    (l) Shoreline Access.--On receipt of an acceptable application, the 
Secretary of Agriculture shall consider issuance of a special use 
permit affording Flaming Gorge Reservoir public shoreline access and 
use within the vicinity of Dutch John in conjunction with commercial 
visitor facilities provided and maintained under such a permit.
    (m) Revenues.--
        (1) In general.--Except as provided in paragraph (2), all 
    revenues derived from the sale of properties as authorized by this 
    Act shall temporarily be deposited in a segregated interest-bearing 
    trust account in the Treasury with the moneys on hand in the 
    account paid to Daggett County semiannually to be used by the 
    County for purposes associated with the provision of governmental 
    and community services to the Dutch John community.
        (2) Deposit in the general fund.--Of the revenues described in 
    paragraph (1), 15.1 percent shall be deposited in the general fund 
    of the Treasury.

SEC. 11. VALID EXISTING RIGHTS.

    (a) Agreements.--
        (1) In general.--If any lease, permit, right-of-way, easement, 
    or other valid existing right is appurtenant to land conveyed to 
    Daggett County, Utah, under this Act, the County shall honor and 
    enforce the right through a legal agreement entered into by the 
    County and the holder before the date of conveyance.
        (2) Extension or termination.--The County may extend or 
    terminate an agreement under paragraph (1) at the end of the term 
    of the agreement.
    (b) Use of Revenues.--During such period as the County is enforcing 
a right described in subsection (a)(1) through a legal agreement 
between the County and the holder of the right under subsection (a), 
the County shall collect and retain any revenues due the Federal 
Government under the terms of the right.
    (c) Extinguishment of Rights.--If a right described in subsection 
(a)(1) with respect to certain land has been extinguished or otherwise 
protected, the County may dispose of the land.

SEC. 12. CULTURAL RESOURCES.

    (a) Memoranda of Agreement.--Before transfer and disposal under 
this Act of any land that contains cultural resources and that may be 
eligible for listing on the National Register of Historic Places, the 
Secretary of Agriculture, in consultation with the Secretary of the 
Interior, the Utah Historic Preservation Office, and Daggett County, 
Utah, shall prepare a memorandum of agreement, for review and approval 
by the Utah Office of Historical Preservation and the Advisory Council 
on Historic Preservation established by title II of the National 
Historic Preservation Act (16 U.S.C. 470i et seq.), that contains a 
strategy for protecting or mitigating adverse effects on cultural 
resources on the land.
    (b) Interim Protection.--Until such time as a memorandum of 
agreement has been approved, or until lands are disposed of under this 
Act, the Secretary of Agriculture shall provide clearance or protection 
for the resources.
    (c) Transfer Subject to Agreement.--On completion of actions 
required under the memorandum of agreement for certain land, the 
Secretary of the Interior shall provide for the conveyance of the land 
to Daggett County, Utah, subject to the memorandum of agreement.

SEC. 13. TRANSITION OF SERVICES TO LOCAL GOVERNMENT CONTROL.

    (a) Assistance.--
        (1) In general.--The Secretary of the Interior shall provide 
    training and transitional operating assistance to personnel 
    designated by Daggett County, Utah, as successors to the operators 
    for the Secretary of the infrastructure facilities described in 
    section 4(c).
        (2) Duration of training.--With respect to an infrastructure 
    facility, training under paragraph (1) shall continue for such 
    period as is necessary for the designated personnel to demonstrate 
    reasonable capability to safely and efficiently operate the 
    facility, but not to exceed 2 years.
        (3) Continuing assistance.--The Secretary shall remain 
    available to assist with resolving questions about the original 
    design and installation, operating and maintenance needs, or other 
    aspects of the infrastructure facilities.
    (b) Transition Costs.--For the purpose of defraying costs of 
transition in administration and provision of basic community services, 
an annual payment of $300,000 (as adjusted by the Secretary for changes 
in the Consumer Price Index for all-urban consumers published by the 
Department of Labor) shall be provided from the Upper Colorado River 
Basin Fund authorized by section 5 of the Act of April 11, 1956 (70 
Stat. 107, chapter 203; 43 U.S.C. 620d), to Daggett County, Utah, or, 
in accordance with subsection (c), to Dutch John, Utah, for a period 
not to exceed 15 years beginning the first January 1 that occurs after 
the date of enactment of this Act.
    (c) Division of Payment.--If Dutch John becomes incorporated and 
becomes responsible for operating any of the infrastructure facilities 
referred to in subsection (a)(1) or for providing other basic local 
governmental services, the payment amount for the year of incorporation 
and each following year shall be proportionately divided between 
Daggett County and Dutch John based on the respective costs paid by 
each government for the previous year to provide the services.
    (d) Electric Power.--
        (1) Availability.--The United States shall make available 
    electric power and associated energy from the Colorado River 
    Storage Project for the Dutch John community.
        (2) Amount.--The amount of electric power and associated energy 
    made available under paragraph (1) shall not exceed 1,000,000 
    kilowatt-hours per year.
        (3) Rates.--The rates for power and associated energy shall be 
    the firm capacity and energy rates of the Salt Lake City Area/
    Integrated Projects.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    (a) Resource Recovery and Mitigation.--There are authorized to be 
appropriated to the Secretary of Agriculture, out of nonpower revenues 
to the Federal Government from land transferred under this Act, such 
sums as are necessary to implement such habitat, sensitive resource, or 
cultural resource recovery, mitigation, or replacement strategies as 
are developed with respect to land transferred under this Act, except 
that the strategies may not include acquisition of privately owned 
lands in Daggett County.
    (b) Other Sums.--In addition to sums made available under 
subsection (a), there are authorized to be appropriated such sums as 
are necessary to carry out this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.