[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1986 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1986

    To amend title X of division C of the Omnibus Consolidated and 
  Emergency Supplemental Appropriations Act of 1998, relating to the 
                    Canyon Ferry Reservoir, Montana.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 19, 1999

 Mr. Baucus (for himself and Mr. Burns) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To amend title X of division C of the Omnibus Consolidated and 
  Emergency Supplemental Appropriations Act of 1998, relating to the 
                    Canyon Ferry Reservoir, Montana.

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

SECTION 1. CANYON FERRY RESERVOIR, MONTANA.

    (a) Definition of Individual Property Purchaser.--Section 1003 of 
title X of division C of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act, 1999 (112 Stat. 2681-711) is amended--
            (1) by redesignating paragraphs (4) through (12) as 
        paragraphs (5) through (13), respectively; and
            (2) by inserting after paragraph (3) the following:
            ``(4) Individual property purchaser.--The term `individual 
        property purchaser', with respect to an individual cabin site 
        described in section 1004(b), means a person (including CFRA or 
        a lessee) that purchases that cabin site.
    (b) Sale of Properties.--Section 1004 of title X of division C of 
the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 
1999, is amended--
            (1) in subsection (c)(2) (112 Stat. 2681-713)--
                    (A) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (B) by inserting after subparagraph (A) the 
                following:
                    ``(B) Appraisal.--
                            ``(i) Applicabiity.--In carrying out this 
                        paragraph, the requirements of this 
                        subparagraph shall apply to the greatest extent 
                        practicable and consistent with the Uniform 
                        Appraisal Standards for Federal Land 
                        Acquisition.
                            ``(ii) Use of earlier appraisal.--The 
                        appraisal under subparagraph (A) shall use the 
                        Canyon Ferry Cabin Site appraisal with a 
                        completion date of March 29, 1999, and amended 
                        June 11, 1999, with an effective date of 
                        valuation of October 15, 1998, for the Bureau 
                        of Reclamation, on the conditions stated in 
                        this subparagraph.
                            ``(iii) Modifications.--The contract 
                        appraisers that conducted the original 
                        appraisal having an effective date of valuation 
                        of October 15, 1998, for the Bureau of 
                        Reclamation shall make appropriate 
                        modifications to permit recalculation of the 
                        lot values established in the original 
                        appraisal into an updated appraisal, the 
                        function of which shall be to provide market 
                        values for the sale of each of the 265 Canyon 
                        Ferry Cabin site lots.
                            ``(iv) Changes in property 
                        characteristics.--If there are any changes in 
                        the characteristic of a property that form part 
                        of the basis of the updated appraisal 
                        (including a change in size, easement 
                        considerations, or updated analyses of the 
                        physical characteristics of a lot), the 
                        contract appraisers shall make an appropriate 
                        adjustment to the updated appraisal.
                            ``(v) Updating.--Subject to the approval of 
                        CFRA and the Secretary, the fair market values 
                        established by the appraisers under this 
                        paragraph may be further updated periodically 
                        by the contract appraisers through appropriate 
                        market analyses.
                            ``(vi) Reconsideration.--The Bureau of 
                        Reclamation and the 265 Canyon Ferry cabin 
                        owners have the right to seek reconsideration, 
                        before commencement of the updated appraisal, 
                        of the assumptions that the appraisers used in 
                        arriving at the fair market values derived in 
                        the original appraisal.
                            ``(vii) Continuing validity.--The October 
                        15, 1998, Canyon Ferry Cabin Site original 
                        appraisal, as provided for in this paragraph, 
                        shall remain valid for use by the Bureau of 
                        Reclamation in the sale process for a period of 
                        not less than 3 years from the date of 
                        completion of the updated appraisal, to the 
                        extent consistent with the Uniform Appraisal 
                        Standards for Federal Land Acquisition.'';
            (2) in subsection (d) (112 Stat. 2681-713)--
                    (A) in paragraph (1)(D), by adding at the end the 
                following:
                            ``(iii) Remaining leases.--
                                    ``(I) Continuation of leases.--The 
                                remaining lessees shall have a right to 
                                continue leasing through August 31, 
                                2014.
                                    ``(II) Right to close.--The 
                                remaining lessees shall have the right 
                                to close under the terms of the sale at 
                                any time before August 31, 2014. On 
                                termination of the lease either by 
                                expiration under the terms of the lease 
                                or by violation of the terms of the 
                                lease, all personal property and 
                                improvements will be removed, and the 
                                cabin site shall remain in Federal 
                                ownership.''; and
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``or if no one (including 
                        CFRA) bids,'' after ``bid''; and
                            (ii) in subparagraph (D)--
                                    (I) by striking ``12 months'' and 
                                inserting ``36 months''; and
                                    (II) by adding at the end the 
                                following: ``If the requirement of the 
                                preceding sentence is not met, CFRA may 
                                close on all remaining cabin sites or 
                                up to the 75 percent requirement. If 
                                CFRA does not exercise either such 
                                option, the Secretary shall conduct 
                                another sale for the remaining cabin 
                                sites to close immediately, with 
                                proceeds distributed in accordance with 
                                section 1008.'';
            (3) by striking subsection (e) (112 Stat. 2681-714) and 
        inserting the following:
    ``(e) Administrative Costs.--
            ``(1) Allocation of funding.--The Secretary shall allocate 
        all funding necessary to conduct the sales process for the sale 
        of property under this title.
            ``(2) Reimbursement.--Any reasonable administrative costs 
        incurred by the Secretary (including the costs of survey and 
        appraisals incident to the conveyance under subsection (a)) 
        shall be proportionately reimbursed by the property owner at 
        the time of closing.''; and
            (4) by striking subsection (f) (112 Stat. 2681-714) and 
        inserting the following:
    ``(f) Timing.--The Secretary shall--
            ``(1) immediately begin preparing for the sales process on 
        enactment of this Act; and
            ``(2) not later than 1 year after the date of enactment of 
        this Act, and in accordance with all applicable laws, begin 
        conveying the property described in subsection (b).''.
    (c) Montana Fish and Wildlife Conservation Trust.--Section 1007(b) 
of title X of division C of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act, 1999 (112 Stat. 2681-715), is 
amended--
            (1) in subsection (c)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by striking ``trust manager'' and 
                inserting ``trust manager (referred to in this section 
                as the `trust manager')'';
                    (B) in paragraph (2)(A), in the matter preceding 
                clause (i), by striking ``agency Board'' and inserting 
                ``Agency Board (referred to in this section as the 
                `Joint State-Federal Agency Board')''; and
                    (C) in paragraph (3)(A), by striking ``Advisory 
                Board'' and inserting ``Advisory Board (referred to in 
                this section as the `Citizen Advisory Board')''; and
            (2) by adding at the end the following:
    ``(f) Recreation Trust Agreement.--
            ``(1) In general.--The Trust, acting through the trust 
        manager, in consultation with the Joint State-Federal Agency 
        Board and the Citizen Advisory Board, shall enter into a 
        legally enforceable agreement with CFRA (referred to in this 
        section as the `Recreation Trust Agreement').
            ``(2) Contents.--The Recreation Trust Agreement shall 
        provide that--
                    ``(A) on receipt of proceeds of the sale of a 
                property under section 1004, the Trust shall loan up to 
                $3,000,000 of the proceeds to CFRA;
                    ``(B) CFRA shall deposit all funds borrowed under 
                subparagraph (A) in the Canyon Ferry-Broadwater County 
                Trust;
                    ``(C) CFRA and the individual purchasers shall 
                repay the principal of the loan to the Trust as soon as 
                reasonably practicable in accordance with a repayment 
                schedule specified in the loan agreement; and
                    ``(D) until such time as the principal is repaid in 
                full, CFRA and the individual purchasers shall make an 
                annual interest payment on the outstanding principal of 
                the loan to the Trust at an interest rate determined in 
                accordance with paragraph (4)(C).
            ``(3) Treatment of interest payments.--All interest 
        payments received by the Trust under paragraph (2)(D) shall be 
        treated as earnings under subsection (d)(2).
            ``(4) Fiduciary responsibility.--In negotiating the 
        Recreation Trust Agreement, the trust manager shall act in the 
        best interests of the Trust to ensure--
                    ``(A) the security of the loan;
                    ``(B) timely repayment of the principal; and
                    ``(C) payment of a fair interest rate, of not less 
                than 6 nor more than 8 percent per year, based on the 
                length of the term of a loan that is comparable to the 
                term of a traditional home mortgage.
    ``(g) Restriction on Disbursement.--Except as provided in 
subsection (f), the trust manager shall not disburse any funds from the 
Trust until August 1, 2001, as provided for in the Recreation Trust 
Agreement, unless Broadwater County, at an earlier date, certifies that 
the Canyon Ferry-Broadwater County Trust has been fully funded in 
accordance with this title.
    ``(h) Condition to Sale.--No closing of property under section 1004 
shall be made until the Recreation Trust Agreement is entered into 
under subsection (f)''.
    (d) Canyon Ferry-Broadwater County Trust.--Section 1008(b) of title 
X of division C of the Omnibus Consolidated and Emergency Supplemental 
Appropriations Act, 1999 (112 Stat. 2681-718), is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Agreement.--
                    ``(A) Condition to sale.--No closing of property 
                under section 1004 shall be made until CFRA and 
                Broadwater County enter into a legally enforceable 
                agreement (referred to in this paragraph as the 
                `Contributions Agreement') concerning contributions to 
                the Trust.
                    ``(B) Contents.--The Contributions Agreement shall 
                require that on or before August 1, 2001, CFRA shall 
                ensure that $3,000,000 in value is deposited in the 
                Canyon Ferry-Broadwater County Trust from 1 or more of 
                the following sources:
                            ``(i) Direct contributions made by the 
                        purchasers on the sale of each cabin site.
                            ``(ii) Annual contributions made by the 
                        purchasers.
                            ``(iii) All other monetary contributions.
                            ``(iv) In-kind contributions, subject to 
                        the approval of the County.
                            ``(v) All funds borrowed by CFRA under 
                        section 1007(f).
                            ``(vi) Assessments made against the cabin 
                        sites made under a county park district or any 
                        similar form of local government under the laws 
                        of the State of Montana.
                            ``(vii) Any other contribution, subject to 
                        the approval of the County.'';
            (2) striking paragraph (3);
            (3) by redesignating paragraph (2) as paragraph (3); and
            (4) by inserting after paragraph (1) the following:
            ``(2) Alternative funding source.--If CFRA agrees to form a 
        county park district under section 7-16-2401 et seq., of the 
        Montana Code Annotated, or any other similar form of local 
        government under the laws of the State of Montana, for the 
        purpose of providing funding for the Trust pursuant to the 
        Contributions Agreement, CFRA and Broadwater County may amend 
        the Contributions Agreement as appropriate, so long as the 
        monetary obligations of individual property purchases under the 
        Contributions Agreement as amended are substantially similar to 
        those specified in paragraph (1).''.
    (e) Technical Corrections.--Title X of division C of the Omnibus 
Consolidated and Emergency Supplemental Appropriations Act, 1999 is 
amended--
            (1) in section 1001 (112 Stat. 2681-710), by striking 
        ``section 4(b)'' and inserting ``section 1004(b)'';
            (2) in section 1003 (112 Stat. 2681-711)--
                    (A) in paragraph (1), by striking ``section 8'' and 
                inserting ``section 1008'';
                    (B) in paragraph (6), by striking ``section 7'' and 
                inserting ``section 1007'';
                    (C) in paragraph (8)--
                            (i) in subparagraph (A), by striking 
                        ``section 4(b)'' and inserting ``1004(b)''; and
                            (ii) in subparagraph (B), by striking 
                        ``section 4(b)(1)(B)'' and inserting ``section 
                        1004(b)(1)(B)''; and
                    (D) in paragraph (9), by striking ``section 4'' and 
                inserting ``section 104''; and
            (3) in section 1004 (112 Stat. 2681-712)--
                    (A) in subsection (b)(3)(B)(ii)(II), by striking 
                ``section 4(a)'' and inserting ``section 1004(a)''; and
                    (B) in subsection (d)(2)(G), by striking ``section 
                6'' and inserting ``section 1006''.
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