[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 164 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 164

   To provide for the acquisition of certain property in Washington 
                             County, Utah.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 25, 2005

  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 certain property in Washington 
                             County, Utah.

    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 that is able 
        to convey to the United States clear title to property taken 
        under subsection (b).
            (2) Reserve.--The term ``Reserve'' means the Red Cliffs 
        Reserve in Washington County, Utah.
    (b) Taking of Property.--Notwithstanding any other provision of 
law, effective 30 days after the date of 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 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 Reserve, consisting of--
            (1) the fee simple interest in approximately 1,516 acres of 
        real property; and
            (2) the fee simple interest in 34 acres of real property 
        adjacent to the Reserve owned by Environmental Land Technology, 
        Ltd.
    (c) Just Compensation.--
            (1) In general.--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 equal to the sum of--
                    (A) the valuation of the property determined by 
                judgment awarded by a United States court of competent 
                jurisdiction;
                    (B) interest from the date of the enactment of this 
                Act; and
                    (C) any other costs, expenses, and damages, 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) Source of payment.--Payment of the amount under 
        paragraph (2) shall be made from appropriated funds.
            (5) 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).
            (6) Administration.--Any property taken under subsection 
        (b) shall be--
                    (A) included in the Reserve; and
                    (B) administered by the Secretary of the Interior 
                (acting through the Director of the Bureau of Land 
                Management), in accordance with the laws applicable to 
                public land, including the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1701 et seq.).
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