[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1209 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1209

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 9, 2003

  Mr. Bennett introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural 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) Definitions.--In this section:
            (1) Owner.--The term ``owner'' means an owner of property 
        taken under subsection (b).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Taking of Property.--Notwithstanding any other provision of 
law, effective 30 days after the date of the enactment of this Act, 
there is vested in the United States all right, title, and interest in 
and to, and the right to immediate possession of--
            (1) certain land located in a master planned community 
        development in Washington County, Utah, known as ``PAHO'', 
        owned by Environmental Land Technology, Ltd., Rocky Mountain 
        Ventures, and James Doyle, within the Red Cliffs Reserve in 
        Washington County, Utah, consisting of--
                    (A) the fee simple interest in approximately 1,516 
                acres of real property; and
                    (B) certain other interests; and
            (2) the fee simple interest in 34 acres of real property 
        adjacent to the Red Cliffs Reserve owned by Environmental Land 
        Technology, Ltd.
    (c) Just Compensation.--
            (1) In general.--Subject to section 309(f) of the Omnibus 
        Parks and Public Lands Management of 1996 (110 Stat. 4138), the 
        United States shall pay the owner just compensation determined 
        as of the date of enactment of this Act.
            (2) Amount.--Payment of just compensation shall be in the 
        amount of--
                    (A)(i) the appraised value of the property as 
                agreed to by the owner and the Secretary in a 
                negotiated settlement; plus
                    (ii) interest from the date of the enactment of 
                this Act; or
                    (B)(i) the valuation of the property determined by 
                judgment awarded in a civil action absent a negotiated 
                settlement; plus
                    (ii)(I) interest from the date of the enactment of 
                this Act;
                    (II) the reasonable costs and expenses of holding 
                the property from February 1990 to the date of final 
                payment, including damages, if any; and
                    (III) reasonable costs and attorney's fees, as 
                determined by the court.
            (3) Interest.--Interest under this subsection shall be 
        compounded in the same manner as under subsection (b)(2)(B) of 
        the first section of the Act of April 17, 1954 (16 U.S.C. 
        429b(b)(2)(B)), except that the reference in that provision to 
        the date of enactment of the Manassas National Battlefield Park 
        Amendments of 1988 shall be deemed to be a reference to the 
        date of enactment of this Act.
            (4) Initial payment.--Not later than 60 days after the date 
        of enactment of this Act, the Secretary shall make an initial 
        payment of $15,000,000 to the owner.
            (5) Source of payment.--Payment of the amount under 
        paragraph (2) shall be made--
                    (A)(i) from the permanent judgment appropriation 
                under section 1304 of title 31, United States Code; or
                    (ii) from other appropriated funds available to the 
                Secretary; or
                    (B) if the Secretary and the owner reach a 
                negotiated settlement--
                            (i) from a source referred to in 
                        subparagraph (A); or
                            (ii) by means of an exchange of--
                                    (I) Federal land under the 
                                jurisdiction of the Secretary in the 
                                State of Utah or elsewhere; or
                                    (II) surplus Federal property.
            (6) Full faith and credit.--The full faith and credit of 
        the United States is pledged to the payment of any judgment 
        entered against the United States with respect to the taking of 
        property under subsection (b).
    (d) No Negotiated Settlement.--In the absence of a negotiated 
settlement or of a civil action for just compensation brought by the 
owner, not later than 90 days after the date of enactment of this Act, 
the Secretary shall bring a civil action in the United States District 
Court for the District of Utah, seeking a determination of the amount 
to be paid under subsection (c)(2).
                                 <all>