[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 14 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 14

To authorize the Secretary of the Interior to convey certain interests 
  in Federal land acquired for the Scofield Project in Carbon County, 
                                 Utah.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 6, 2015

   Mr. Hatch introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of the Interior to convey certain interests 
  in Federal land acquired for the Scofield Project in Carbon County, 
                                 Utah.

    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 ``Scofield Land Transfer Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Carbon county.--The term ``Carbon County'' means Carbon 
        County, Utah, within which the Scofield Reservoir property is 
        located.
            (2) Claimant.--The term ``claimant'' means any person or 
        entity (or a successor in interest to a person or entity) that, 
        according to the records in the office of the Recorder for 
        Carbon County, as of the date of enactment of this Act, claims 
        title to, or an interest in, the Federal land.
            (3) Federal land.--
                    (A) In general.--The term ``Federal land'' means 
                the land acquired by Price River Water Conservation 
                District and transferred to the United States for use 
                in the construction and operation of Scofield Dam and 
                Reservoir located between the normal water surface 
                elevation and the property boundary elevation in the 
                Scofield Reservoir basin.
                    (B) Exclusions.--The term ``Federal land'' does not 
                include--
                            (i) any mineral or subsurface rights to the 
                        land described in subparagraph (A); or
                            (ii) the 205 acres of land adjoining the 
                        Scofield Reservoir, as adjudicated in the case 
                        styled United States v. Dunn (557 F.3d 1165 
                        (10th Cir. 2009)).
            (4) Flood surcharge elevation.--The term ``flood surcharge 
        elevation'' means the elevation of 7640.3 in the North American 
        Vertical Datum of 1988, which corresponds to the elevation of 
        the crest of Scofield Dam.
            (5) Fund.--The term ``Fund'' means the Scofield Reservoir 
        Fund established by section 3(d)(9)(A).
            (6) Life estate.--The term ``life estate'' means--
                    (A) if the claimant is a person, an interest of the 
                claimant in the Federal land that will revert to the 
                United States on the date of the death of the claimant; 
                and
                    (B) if the claimant is an entity, an interest in 
                the Federal land of a person designated by the claimant 
                that will revert to the United States on the date of 
                the death of the designated person.
            (7) Normal water surface elevation.--The term ``normal 
        water surface elevation'' means the contour elevation of 7621.8 
        in the North American Vertical Datum of 1988, which corresponds 
        to the elevation of the crest of the spillway of Scofield Dam.
            (8) Property boundary elevation.--The term ``property 
        boundary elevation'' means the contour elevation 7630, as 
        surveyed by McGonagle and Ulrich, Land Surveyors, in 1926, 
        which was transmuted to the current elevation of 7638.9 in the 
        North American Vertical Datum of 1988 and which corresponds to 
        1.4 vertical feet below the crest of Scofield Dam.
            (9) Roads.--The term ``Roads'' means the streets, improved 
        and unimproved, as in existence on the date of enactment of 
        this Act, that--
                    (A) are located on the Federal land;
                    (B) are intended for public access via motorized 
                vehicle to the Federal land claims of the claimants; 
                and
                    (C) extend to the shoreline of Scofield Reservoir.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (11) Structure.--
                    (A) In general.--The term ``structure'' means any 
                improvement located on the property of a claimant, as 
                in existence on the date of enactment of this Act, 
                including--
                            (i) a residence;
                            (ii) a shed;
                            (iii) a workshop;
                            (iv) a garage;
                            (v) a carport;
                            (vi) a deck;
                            (vii) a boathouse; or
                            (viii) an incidental building.
                    (B) Inclusion.--The term ``structure'' includes any 
                infrastructure associated with a residence that is not 
                owned by a public or private utility, including water, 
                power, sewer, and improvements to Roads.

SEC. 3. CONVEYANCE OF SCOFIELD PROJECT LAND.

    (a) Survey.--
            (1) In general.--To facilitate the conveyance of the 
        Federal land under this Act, it shall be the responsibility of 
        Carbon County--
                    (A) to enter into an agreement with the Secretary 
                to pay the costs associated with a full physical and 
                title survey of the Federal land in order to delineate 
                the boundaries associated with the Federal land, 
                Federal easements, or other Federal interests in land; 
                and
                    (B) subject to paragraph (2), to initiate and 
                complete a full physical survey of the Roads and the 
                parcels located within the Federal land that are 
                eligible to be conveyed to the claimants, and, in any 
                case in which a land description or record of ownership 
                in any record of Carbon County conflicts with a claim 
                of a claimant with regard to an existing physical 
                feature or facility, propose boundaries and land 
                descriptions to resolve the dispute.
            (2) Unresolved disputes.--
                    (A) In general.--If a claim to a parcel or portion 
                of a parcel of Federal land cannot be resolved in 
                accordance with the applicable land description in the 
                records of Carbon County by the applicable deadline for 
                an election under subsection (d)(6), the claimant shall 
                stipulate to, accept, and submit to the Secretary the 
                land description developed by Carbon County to resolve 
                the dispute in order to meet the election requirement 
                of subsection (d)(6) by not later than 180 days after 
                that deadline.
                    (B) Failure to stipulate and accept.--If a claimant 
                fails to stipulate to and accept the land description 
                of Carbon County by the date described in subparagraph 
                (A), the authority to convey the affected parcel or 
                portion of a parcel of Federal land pursuant to this 
                section shall be terminated with respect to the 
                disputed claim.
    (b) Appraisal.--
            (1) In general.--As a condition of the conveyance under 
        this section, Carbon County shall enter into an agreement with 
        the Secretary to pay the costs associated with an appraisal of 
        the fair market value of each property interest requested by a 
        claimant relating to the conveyance by the Secretary under this 
        Act.
            (2) Determination of fair market value.--The fair market 
        value of a property interest under paragraph (1) shall be 
        determined by the Secretary in accordance with the Uniform 
        Appraisal Standards for Federal Land Acquisitions and the 
        Uniform Standards of Professional Appraisal Practices.
    (c) Notification.--It shall be the responsibility of Carbon County 
to notify each claimant of any trespass or encroachment by the 
applicable claimant on the Federal land, including the existence of any 
trespassing or encroaching structure of the claimant.
    (d) Authorization To Convey Federal Land.--
            (1) In general.--To resolve the issues of trespass and 
        encroachment on the Federal land by the claimants, the 
        Secretary may, in accordance with paragraphs (5) and (6)--
                    (A) on an election by a claimant--
                            (i) subject to paragraph (2), convey to the 
                        claimant fee interest in the claimed portion of 
                        the Federal land that is located above the 
                        normal water surface elevation, as determined 
                        by the results of the survey required under 
                        subsection (a), subject to all valid rights-of-
                        way, licenses, and easements in existence on 
                        the date of enactment of this Act; or
                            (ii) subject to paragraph (3), grant to the 
                        claimant a life estate permitting the continued 
                        occupation of the claimed portion of the 
                        Federal land above the normal water surface 
                        elevation, as determined by the results of the 
                        survey required under subsection (a), subject 
                        to all valid rights-of-way, licenses, and 
                        easements in existence on the date of enactment 
                        of this Act; or
                    (B) subject to paragraph (4), on an election by 
                Carbon County, convey to Carbon County fee interest in 
                the Roads, as determined by the survey required under 
                subsection (a), subject to all valid rights-of-way, 
                licenses, and easements in existence on the date of 
                enactment of this Act.
            (2) Conveyance requirements.--A conveyance under paragraph 
        (1)(A)(i) shall be subject to--
                    (A) the claimant paying to the Secretary the fair 
                market value of the fee interest in the claimed portion 
                of the Federal land, as determined by the Secretary 
                under subsection (b), exclusive of the value of any 
                structures;
                    (B) provisions under which the claimant shall agree 
                to indemnify and hold harmless the United States for 
                all claims by the claimant or others arising from--
                            (i) the design, construction, operation, 
                        maintenance, or replacement of Scofield Dam and 
                        Reservoir;
                            (ii) the survey of claims, description of 
                        claims, delineation of boundaries, conveyance 
                        documents, conveyance process, and recording of 
                        deeds associated with the conveyance; and
                            (iii) any damages associated with any 
                        structure or chattel of the claimant that may 
                        be displaced in a flood event;
                    (C) the United States retaining a flood easement as 
                well as an access easement for purposes of monitoring 
                and enforcing the requirements of subparagraph (D) with 
                respect to the entire portion of Federal land conveyed; 
                and
                    (D) deed restrictions requiring that--
                            (i) to prevent any structure on the portion 
                        of the Federal land conveyed from being 
                        displaced during a flood event, the claimant 
                        shall--
                                    (I) secure or tie down all existing 
                                structures; and
                                    (II) if replacing or rebuilding 
                                such a structure, limit the replacement 
                                or rebuilding to the number and type of 
                                structures in existence on the date of 
                                enactment of this Act; and
                            (ii) all activities carried out by the 
                        claimant under clause (i) with respect to a 
                        structure be carried out in accordance with 
                        applicable standards for structures that may be 
                        submerged, flooded, or inundated, as contained 
                        in--
                                    (I) the International Building Code 
                                (as adopted by Utah Administrative Code 
                                R156-56); or
                                    (II) any other building code or 
                                engineering standard that is--
                                            (aa) similar to the 
                                        International Building Code;
                                            (bb) widely used; and
                                            (cc) nationally recognized.
            (3) Life estate requirements.--A life estate granted under 
        paragraph (1)(A)(ii) shall be subject to--
                    (A) the claimant paying to the Secretary the fair 
                market value of the life estate on the claimed portion 
                of the Federal land, as determined by the Secretary 
                under subsection (b), but excluding the value of any 
                structures;
                    (B) provisions under which the claimant agrees to 
                indemnify and hold harmless the United States for all 
                claims by the claimant or others arising from--
                            (i) the design, construction, operation, 
                        maintenance, or replacement of Scofield Dam and 
                        Reservoir;
                            (ii) the survey of claims, description of 
                        claims, delineation of boundaries, conveyance 
                        documents, conveyance process, and recording of 
                        deeds associated with the conveyance; and
                            (iii) any damages associated with any 
                        structure or chattel of the claimant that may 
                        be displaced in a flood event; and
                    (C) restrictions equivalent to the deed 
                restrictions described in clauses (i) and (ii) of 
                paragraph (2)(D), as applicable.
            (4) Conveyance of roads requirements.--A conveyance under 
        paragraph (1)(B) shall be subject to--
                    (A) Carbon County paying to the Secretary a sum 
                determined to be acceptable by the Secretary;
                    (B) provisions under which Carbon County shall 
                agree to indemnify and hold harmless the United States 
                for all claims by Carbon County or others arising 
                from--
                            (i) the design, construction, operation, 
                        maintenance, or replacement of Scofield Dam and 
                        Reservoir;
                            (ii) the survey of claims, description of 
                        claims, delineation of boundaries, conveyance 
                        documents, conveyance process, and recording of 
                        deeds associated with the conveyance; and
                            (iii) any damages associated with 
                        structures or chattel of Carbon County that may 
                        be displaced in a flood event;
                    (C) the United States retaining a flood easement as 
                well as an access easement for purposes of monitoring 
                and enforcing the requirements of subparagraph (D) with 
                respect to the entire portion of the Roads conveyed; 
                and
                    (D) restrictions equivalent to the deed 
                restrictions described in clauses (i) and (ii) of 
                paragraph (2)(D), as applicable.
            (5) Compliance with environmental laws.--
                    (A) In general.--Before conveying the Federal land 
                under paragraph (1)(A)(i) or the Roads under paragraph 
                (1)(B) or granting a life estate under paragraph 
                (1)(A)(ii), the Secretary shall comply with all 
                applicable requirements under--
                            (i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.);
                            (ii) the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.); and
                            (iii) any other applicable law.
                    (B) Effect.--Nothing in this Act modifies or alters 
                any obligations under--
                            (i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.); or
                            (ii) the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.).
                    (C) Costs.--Before the initiation of any conveyance 
                under this Act, Carbon County shall pay to the 
                Secretary an amount equal to the costs associated with 
                achieving environmental compliance under this 
                paragraph.
            (6) Deadline for election.--
                    (A) Claimants.--Not later than 5 years after the 
                date of enactment of this Act, each claimant shall 
                notify the Secretary in writing whether the claimant 
                elects to receive--
                            (i) a fee interest in the claimed portion 
                        of the Federal land, in accordance with 
                        paragraph (1)(A)(i); or
                            (ii) a life estate in the claimed portion 
                        of the Federal land, in accordance with 
                        paragraph (1)(A)(ii).
                    (B) Carbon county.--Not later than 3 years after 
                the date of enactment of this Act, Carbon County shall 
                notify the Secretary in writing whether Carbon County 
                elects to receive a fee interest in the Roads, in 
                accordance with paragraph (1)(B).
            (7) Failure to notify secretary or complete transfer.--
                    (A) Notice of election.--If a claimant fails to 
                submit to the Secretary a notice of an election in 
                accordance with paragraph (6)(A), any future claim by 
                the claimant with respect to the Federal land shall be 
                terminated.
                    (B) Transfer.--
                            (i) Claimants.--If, due to a failure by the 
                        claimant to act in furtherance of the transfer 
                        of fee interest or life estate under this 
                        section, no transfer of the claimed Federal 
                        Land has been recorded with the recorder of 
                        Carbon County by the date that is 7 years after 
                        the date of enactment of this Act, any claim by 
                        the claimant with respect to the Federal land 
                        shall be terminated.
                            (ii) Carbon county.--If, due to a failure 
                        by Carbon County to act in furtherance of the 
                        transfer of fee interest, no transfer of the 
                        Roads has been recorded with the recorder of 
                        Carbon County by the date that is 5 years after 
                        the date of enactment of this Act, the 
                        authority of the Secretary to convey the 
                        interest in the Roads shall be terminated.
                    (C) Quiet title.--On extinguishment of a claim 
                under subparagraph (A) or (B), the Secretary shall take 
                such action as is necessary to quiet title to the 
                applicable portion of the Federal land, including 
                removal of persons, entities, structures, and materials 
                encumbering the applicable portion of the Federal land.
            (8) Payments in lieu of taxes.--Any Federal land 
        transferred to a claimant in fee under paragraph (1)(A)(i) or 
        to Carbon County under paragraph (1)(B) shall not be included 
        or taken into consideration in the allocation of any payment in 
        lieu of taxes under chapter 69 of title 31, United States Code.
            (9) Trust fund.--
                    (A) Establishment.--There is established in the 
                Treasury of the United States a fund, to be known as 
                the ``Scofield Reservoir Fund'', to be administered by 
                the Secretary and made available, without fiscal year 
                limitation, for--
                            (i) monitoring and enforcing the 
                        requirements of paragraphs (2)(C), (3)(C), and 
                        (4)(C) regarding maintaining access to, and 
                        eliminating encroachment and private exclusive 
                        use of, the Federal land surrounding the 
                        Scofield Reservoir; and
                            (ii) providing enhanced public recreational 
                        opportunities at Scofield Reservoir.
                    (B) Transfers to fund.--There shall be deposited in 
                the Fund any amounts received as consideration for--
                            (i) a conveyance under subparagraph (A)(i) 
                        or (B) of paragraph (1); or
                            (ii) the granting of a life estate under 
                        paragraph (1)(A)(ii).
                                 <all>