[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 890 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                 S. 890

_______________________________________________________________________

                                 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 furnishing 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 
become 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.

            Passed the Senate October 2, 1998.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                                 S. 890

_______________________________________________________________________

                                 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.