[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 880 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 880

To provide for the acquisition of property in Washington County, Utah, 
   for implementation of a desert tortoise habitat conservation plan.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 6, 2001

  Mr. Hansen introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To provide for the acquisition of property in Washington County, Utah, 
   for implementation of a desert tortoise habitat conservation plan.

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

SECTION 1. ACQUISITION OF CERTAIN PROPERTY IN WASHINGTON COUNTY, UTAH.

    (a) In General.--Notwithstanding any other provision of law, 
effective 30 days after the date of the enactment of this Act, all 
right, title, and interest in and to, and the right to immediate 
possession of, the 1,516 acres of real property owned by Environmental 
Land Technology, Ltd. (ELT), within the Red Cliffs Reserve in 
Washington County, Utah, and the 34 acres of real property owned by ELT 
which is adjacent to the land within the Reserve but is landlocked as a 
result of the creation of the Reserve, is hereby vested in the United 
States.
    (b) Compensation for Property.--Subject to section 309(f) of the 
Omnibus Parks and Public Lands Management of 1996 (Public Law 104-333), 
the United States shall pay just compensation to the owner of any real 
property taken pursuant to this section, determined as of the date of 
the enactment of this Act. An initial payment of $15,000,000 shall be 
made to the owner of such real property not later than 30 days after 
the date of taking. The full faith and credit of the United States is 
hereby pledged to the payment of any judgment entered against the 
United States with respect to the taking of such property. Payment 
shall be in the amount of--
            (1) the appraised value of such real property as agreed to 
        by the land owner and the United States, plus interest from the 
        date of the enactment of this Act; or
            (2) the valuation of such real property awarded by 
        judgment, plus interest from the date of the enactment of this 
        Act, reasonable costs and expenses of holding such property 
        from February 1990 to the date of final payment, including 
        damages, if any, and reasonable costs and attorneys fees, as 
        determined by the court. Payment shall be made from the 
        permanent judgment appropriation established pursuant to 
        section 1304 of title 31, United States Code, or from another 
        appropriate Federal Government fund.
Interest under this subsection shall be compounded in the same manner 
as provided for in section 1(b)(2)(B) of the Act entitled ``An Act to 
preserve within Manassas National Battlefield Park, Virginia, the most 
important properties relating to the battle of Manassas, and for other 
purposes'', approved April 17, 1954 (16 U.S.C. 429b(b)(2)(B)), except 
that the reference in that provision to ``the date of the enactment of 
the Manassas National Battlefield Park Amendments of 1988'' shall be 
deemed to be a reference to the date of the enactment of this Act.
    (c) Determination by Court in Lieu of Negotiated Settlement.--In 
the absence of a negotiated settlement, or an action by the owner, the 
Secretary of the Interior shall initiate within 90 days after the date 
of the enactment of this section a proceeding in the United States 
Federal District Court for the District of Utah, seeking a 
determination, subject to section 309(f) of the Omnibus Parks and 
Public Lands Management Act of 1996 (Public Law 104-333), of the value 
of the real property, reasonable costs and expenses of holding such 
property from February 1990 to the date of final payment, including 
damages, if any, and reasonable costs and attorneys fees.
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