[Congressional Record Volume 144, Number 136 (Friday, October 2, 1998)]
[Senate]
[Pages S11368-S11372]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   DUTCH JOHN FEDERAL PROPERTY DISPOSITION AND ASSISTANCE ACT OF 1998

  The Senate proceeded to consider the bill (S. 890) to dispose of 
certain Federal properties located in Dutch John, Utah, to assist the 
local government in the interim delivery of basic services to the Dutch 
John community, and for other purposes, which had been reported from 
the Committee on Energy and Natural Resources, with an amendment to 
strike all after the enacting clause and inserting in lieu thereof the 
following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Dutch John Federal Property 
     Disposition and Assistance Act of 1998''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1)(A) Dutch John, Utah, was founded by the Secretary of 
     the Interior in 1958 on Bureau of Reclamation land as a 
     community to house personnel, administrative offices, and 
     equipment for project construction and operation of the 
     Flaming Gorge Dam and Reservoir as authorized by the Act of 
     April 11, 1956 (70 Stat. 105, chapter 203; 43 U.S.C. 620 et 
     seq.); and
       (B) permanent structures (including houses, administrative 
     offices, equipment storage and maintenance buildings, and 
     other public buildings and facilities) were constructed and 
     continue to be owned and maintained by the Secretary of the 
     Interior;
       (2)(A) Bureau of Reclamation land surrounding the Flaming 
     Gorge Reservoir (including the Dutch John community) was 
     included within the boundaries of the Flaming Gorge National 
     Recreation Area in 1968 under Public Law 90-540 (16 U.S.C. 
     460v et seq.);
       (B) Public Law 90-540 assigned responsibility for 
     administration, protection, and development of the Flaming 
     Gorge National Recreation Area to the Secretary of 
     Agriculture and provided that lands and waters needed or used 
     for the Colorado River Storage Project would continue to be 
     administered by the Secretary of the Interior; and

[[Page S11369]]

       (C) most structures within the Dutch John community 
     (including the schools and public buildings within the 
     community) occupy lands administered by the Secretary of 
     Agriculture;
       (3)(A) the Secretary of Agriculture and the Secretary of 
     the Interior are unnecessarily burdened with the cost of 
     continuing to provide basic services and facilities and 
     building maintenance and with the administrative costs of 
     operating the Dutch John community; and
       (B) certain structures and lands are no longer essential to 
     management of the Colorado River Storage Project or to 
     management of the Flaming Gorge National Recreation Area;
       (4)(A) residents of the community are interested in 
     purchasing the homes they currently rent from the Secretary 
     of the Interior and the land on which the homes are located;
       (B) Daggett County, Utah, is interested in reducing the 
     financial burden the County experiences in providing local 
     government support services to a community that produces 
     little direct tax revenue because of Federal ownership; and
       (C) a withdrawal of the role of the Federal Government in 
     providing basic direct community services to Dutch John would 
     require local government to provide the services at a 
     substantial cost;
       (5)(A) residents of the Dutch John community are interested 
     in self-government of the community; and
       (B) with growing demands for additional commercial 
     recreation services for visitors to the Flaming Gorge 
     National Recreation Area and Ashley National Forest, there 
     are opportunities for private economic development, but few 
     private lands are available for the services; and
       (6) the privatization and disposal to local government of 
     certain lands in and surrounding Dutch John would be in the 
     public interest.
       (b) Purposes.--The purposes of this Act are--
       (1) to privatize certain lands in and surrounding Dutch 
     John, Utah;
       (2) to transfer jurisdiction of certain Federal property 
     between the Secretary of Agriculture and the Secretary of the 
     Interior;
       (3) to improve the Flaming Gorge National Recreation Area;
       (4) to dispose of certain residential units, public 
     buildings, and facilities;
       (5) to provide interim financial assistance to local 
     government to defray the cost of providing basic governmental 
     services;
       (6) to achieve efficiencies in operation of the Flaming 
     Gorge Dam and Reservoir and the Flaming Gorge National 
     Recreation Area;
       (7) to reduce long-term Federal outlays; and
       (8) to serve the interests of the residents of Dutch John 
     and Daggett County, Utah, and the general public.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Secretary of agriculture.--The term ``Secretary of 
     Agriculture'' means the Secretary of Agriculture, acting 
     through the Chief of the Forest Service.
       (2) Secretary of the interior.--The term ``Secretary of the 
     Interior'' means the Secretary of the Interior, acting 
     through the Commissioner of the Bureau of Reclamation.

     SEC. 4. DISPOSITION OF CERTAIN LANDS AND PROPERTIES.

       (a) In General.--Lands, structures, and community 
     infrastructure facilities within or associated with Dutch 
     John, Utah, that have been identified by the Secretary of 
     Agriculture or the Secretary of the Interior as unnecessary 
     for support of the agency of the respective Secretary shall 
     be transferred or disposed of in accordance with this Act.
       (b) Land Description.--Except as provided in subsection 
     (e), the Secretary of Agriculture and the Secretary of the 
     Interior shall dispose of (in accordance with this Act) 
     approximately 2,450 acres within or associated with the Dutch 
     John, Utah, community in the NW\1/4\ NW\1/4\, S\1/2\ NW\1/4\, 
     and S\1/2\ of Section 1, the S\1/2\ of Section 2, 10 acres 
     more or less within the NE\1/4\ SW\1/4\ of Section 3, 
     Sections 11 and 12, the N\1/2\ of Section 13, and the E\1/2\ 
     NE\1/4\ of Section 14 of Township 2 North, Range 22 East, 
     Salt Lake Base and Meridian, that have been determined to be 
     available for transfer by the Secretary of Agriculture and 
     the Secretary of the Interior, respectively.
       (c) Infrastructure Facilities and Land.--Except as provided 
     in subsection (e), the Secretary of the Interior shall 
     dispose of (in accordance with this Act) community 
     infrastructure facilities and land that have been determined 
     to be available for transfer by the Secretary of the 
     Interior, including the following:
       (1) The fire station, sewer systems, sewage lagoons, water 
     systems (except as provided in subsection (e)(3)), old post 
     office, electrical and natural gas distribution systems, 
     hospital building, streets, street lighting, alleys, 
     sidewalks, parks, and community buildings located within or 
     serving Dutch John, including fixtures, equipment, land, 
     easements, rights-of-way, or other property primarily used 
     for the operation, maintenance, replacement, or repair of a 
     facility referred to in this paragraph.
       (2) The Dutch John Airport, comprising approximately 25 
     acres, including runways, roads, rights-of-way, and 
     appurtenances to the Airport, subject to such monitoring and 
     remedial action by the United States as is necessary.
       (3) The lands on which are located the Dutch John public 
     schools, which comprise approximately 10 acres.
       (d) Other Properties and Facilities.--The Secretary of 
     Agriculture and the Secretary of the Interior shall dispose 
     of (in accordance with this Act) the other properties and 
     facilities that have been determined to be available for 
     transfer or disposal by the Secretary of Agriculture and the 
     Secretary of the Interior, respectively, including the 
     following:
       (1) Certain residential units occupied on the date of 
     enactment of this Act, as determined by the Secretary of the 
     Interior.
       (2) Certain residential units unoccupied on the date of 
     enactment of this Act, as determined by the Secretary of the 
     Interior.
       (3) Lots within the Dutch John community that are occupied 
     on the date of enactment of this Act by privately owned 
     modular homes under lease agreements with the Secretary of 
     the Interior.
       (4) Unoccupied platted lots within the Dutch John 
     community.
       (5) The land, comprising approximately 3.8 acres, on which 
     is located the Church of Jesus Christ of Latter Day Saints, 
     within Block 9, of the Dutch John community.
       (6) The lands for which special use permits, easements, or 
     rights-of-way for commercial uses have been issued by the 
     Forest Service.
       (7) The lands on which are located the offices, 3 employee 
     residences, warehouses, and facilities of the Utah Division 
     of Wildlife Resources, as described in the survey required 
     under section 7, including yards and land defined by fences 
     in existence on the date of enactment of this Act.
       (8) The Dutch John landfill site, subject to such 
     monitoring and remedial action by the United States as is 
     necessary, with responsibility for monitoring and remediation 
     being shared by the Secretary of Agriculture and the 
     Secretary of the Interior proportionate to their historical 
     use of the site.
       (9) Such fixtures and furnishing in existence and in place 
     on the date of enactment of this Act as are mutually 
     determined by Daggett County, the Secretary of Agriculture, 
     and the Secretary of the Interior to be necessary for the 
     full use of properties or facilities disposed of under this 
     Act.
       (10) Such other properties or facilities at Dutch John that 
     the Secretary of Agriculture or the Secretary of the Interior 
     determines are not necessary to achieve the mission of the 
     respective Secretary and the disposal of which would be 
     consistent with this Act.
       (e) Retained Properties.--Except to the extent the 
     following properties are determined by the Secretary of 
     Agriculture or the Secretary of the Interior to be available 
     for disposal, the Secretary of Agriculture and the Secretary 
     of the Interior shall retain for their respective use the 
     following:
       (1) All buildings and improvements located within the 
     industrial complex of the Bureau of Reclamation, including 
     the maintenance shop, 40 industrial garages, 2 warehouses, 
     the equipment storage building, the flammable equipment 
     storage building, the hazardous waste storage facility, and 
     the property on which the buildings and improvements are 
     located.
       (2) 17 residences under the jurisdiction of the Secretary 
     of the Interior and the Secretary of Agriculture, of which--
       (A) 15 residences shall remain under the jurisdiction of 
     the Secretary of the Interior; and
       (B) 2 residences shall remain under the jurisdiction of the 
     Secretary of Agriculture.
       (3) The Dutch John water system raw water supply line and 
     return line between the power plant and the water treatment 
     plant, pumps and pumping equipment, and any appurtenances and 
     rights-of-way to the line and other facilities, with the 
     retained facilities to be operated and maintained by the 
     United States with pumping costs and operation and 
     maintenance costs of the pumps to be included as a cost to 
     Daggett County in a water service contract.
       (4) The heliport and associated real estate, consisting of 
     approximately 20 acres, which shall remain under the 
     jurisdiction of the Secretary of Agriculture.
       (5) The Forest Service warehouse complex and associated 
     real estate, consisting of approximately 2 acres, which shall 
     remain under the jurisdiction of the Secretary of 
     Agriculture.
       (6) The Forest Service office complex and associated real 
     estate, which shall remain under the jurisdiction of the 
     Secretary of Agriculture.
       (7) The United States Post Office, pursuant to Forest 
     Service Special Use Permit No. 1073, which shall be 
     transferred to the jurisdiction of the United States Postal 
     Service pursuant to section 6(d).

     SEC. 5. REVOCATION OF WITHDRAWALS.

       In the case of lands and properties transferred under 
     section 4, effective on the date of transfer to the Secretary 
     of the Interior (if applicable) or conveyance by quitclaim 
     deed out of Federal ownership, authorization for each of the 
     following withdrawals is revoked:
       (1) The Public Water Reserve No. 16, Utah No. 7, dated 
     March 9, 1914.
       (2) The Secretary of the Interior Order dated October 20, 
     1952.
       (3) The Secretary of the Interior Order dated July 2, 1956, 
     No. 71676.
       (4) The Flaming Gorge National Recreation Area, dated 
     October 1, 1968, established under Public Law 90-540 (16 
     U.S.C. 460v et seq.), as to lands described in section 4(b).
       (5) The Dutch John Administrative Site, dated December 12, 
     1951 (PLO 769, U-0611).

     SEC. 6. TRANSFER OF JURISDICTION.

       (a) Transfers From the Secretary of Agriculture.--Except 
     for properties retained under section 4(e), all lands 
     designated under section 4 for disposal shall be--
       (1) transferred from the jurisdiction of the Secretary of 
     Agriculture to the Secretary of the Interior and, if 
     appropriate, the United States Postal Service; and
       (2) removed from inclusion in the Ashley National Forest 
     and the Flaming Gorge National Recreation Area.
       (b) Transfers From the Secretary of the Interior.--
       (1) In general.--The Secretary of the Interior shall 
     transfer to the Secretary of Agriculture administrative 
     jurisdiction over certain lands and interests in land 
     described in paragraph (2), containing approximately 2,167 
     acres located in Duchesne and Wasatch Counties, Utah, 
     acquired by the Secretary of the Interior for the Central 
     Utah Project.

[[Page S11370]]

       (2) Land description.--The lands referred to in paragraph 
     (1) are lands indicated on the maps generally depicting--
       (A) the Dutch John transfer of the Ashley National Forest 
     to the State of Utah, dated February 1997;
       (B) the Dutch John transfer of the Uinta National Forest to 
     the State of Utah, dated February 1997;
       (C) lands to be transferred to the Forest Service: Lower 
     Stillwater Properties;
       (D) lands to be transferred to the Forest Service: Red 
     Hollow (Diamond Properties); and
       (E) lands to be transferred to the Forest Service: Coal 
     Mine Hollow (Current Creek Reservoir).
       (3) Status of lands.--
       (A) National forests.--The lands and interests in land 
     transferred to the Secretary of Agriculture under paragraph 
     (1) shall become part of the Ashley or Uinta National Forest, 
     as appropriate. The Secretary of Agriculture shall adjust the 
     boundaries of each of the National Forests to reflect the 
     additional lands.
       (B) Management.--The transferred lands shall be managed in 
     accordance with the Act of March 1, 1911 (commonly known as 
     the ``Weeks Law'') (36 Stat. 962, chapter 186; 16 U.S.C. 515 
     et seq.) and other laws (including rules and regulations) 
     applicable to the National Forest System.
       (C) Wildlife mitigation.--As of the date of the transfer 
     under paragraph (1), the wildlife mitigation requirements of 
     section 8 of the Act of April 11, 1956 (43 U.S.C. 620g), 
     shall be deemed to be met.
       (D) Adjustment of boundaries.--This paragraph does not 
     limit the authority of the Secretary of Agriculture to adjust 
     the boundaries of the Ashley or Uinta National Forest 
     pursuant to section 11 of the Act of March 1, 1911 (commonly 
     known as the ``Weeks Law'') (36 Stat. 963, chapter 186; 16 
     U.S.C. 521).
       (4) Land and water conservation fund.--For the purposes of 
     section 7 of the Land and Water Conservation Fund Act of 1965 
     (16 U.S.C. 460l-9), the boundaries of the Ashley and Uinta 
     National Forests, as adjusted under this section, shall be 
     considered to be the boundaries of the Forests as of January 
     1, 1965.
       (c) Federal Improvements.--The Secretary of the Interior 
     shall transfer to the Secretary of Agriculture jurisdiction 
     over Federal improvements to the lands transferred under this 
     section.
       (d) Transfers From the Secretary of Agriculture.--The 
     Secretary of Agriculture shall transfer to the United States 
     Postal Service administrative jurisdiction over certain lands 
     and interests in land subject to Forest Service Special Use 
     Permit No. 1073, containing approximately 0.34 acres.
       (e) Withdrawals.--Notwithstanding subsection (a), lands 
     retained by the Federal Government under this Act shall 
     continue to be withdrawn from mineral entry under the United 
     States mining laws.

     SEC. 7. SURVEYS.

       The Secretary of the Interior shall survey or resurvey all 
     or portions of the Dutch John community as necessary--
       (1) to accurately describe parcels identified under this 
     Act for transfer among agencies, for Federal disposal, or for 
     retention by the United States; and
       (2) to facilitate future recordation of title.

     SEC. 8. PLANNING.

       (a) Responsibility.--In cooperation with the residents of 
     Dutch John, the Secretary of Agriculture, and the Secretary 
     of the Interior, Daggett County, Utah, shall be responsible 
     for developing a land use plan that is consistent with 
     maintenance of the values of the land that is adjacent to 
     land that remains under the jurisdiction of the Secretary of 
     Agriculture or Secretary of the Interior under this Act.
       (b) Cooperation.--The Secretary of Agriculture and the 
     Secretary of the Interior shall cooperate with Daggett County 
     in ensuring that disposal processes are consistent with the 
     land use plan developed under subsection (a) and with this 
     Act.

     SEC. 9. APPRAISALS.

       (a) Requirements.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     conduct appraisals to determine the fair market value of 
     properties designated for disposal under paragraphs (1), (2), 
     (3), (5), and (7) of section 4(d).
       (2) Unoccupied platted lots.--Not later than 90 days after 
     the date of receipt by the Secretary of the Interior from an 
     eligible purchaser of a written notice of intent to purchase 
     an unoccupied platted lot referred to in section 4(d)(4), the 
     Secretary of the Interior shall conduct an appraisal of the 
     lot.
       (3) Special use permits.--
       (A) In general.--Not later than 90 days after the date of 
     receipt by the Secretary of the Interior from a permit holder 
     of a written notice of intent to purchase a property 
     described in section 10(g), the Secretary of the Interior 
     shall conduct an appraisal of the property.
       (B) Improvements and alternative land.--An appraisal to 
     carry out subparagraph (A) may include an appraisal of the 
     value of permit holder improvements and alternative land in 
     order to conduct an in-lieu land sale.
       (4) Occupied parcels.--In the case of an occupied parcel, 
     an appraisal under this subsection shall include an appraisal 
     of the full fee value of the occupied lot or land parcel and 
     the value of residences, structures, facilities, and 
     existing, in-place federally owned fixtures and furnishings 
     necessary for full use of the property.
       (5) Unoccupied parcels.--In the case of an unoccupied 
     parcel, an appraisal under this subsection shall consider 
     potential future uses of the parcel that are consistent with 
     the land use plan developed under section 8(a) (including the 
     land use map of the plan) and with subsection (c).
       (6) Funding.--Funds for appraisals conducted under this 
     section shall be derived from the Upper Colorado River Basin 
     Fund authorized by section 5 of the Act of April 11, 1956 (70 
     Stat. 107, chapter 203; 43 U.S.C. 620d).
       (b) Reductions for Improvements.--An appraisal of a 
     residence or a structure or facility leased for private use 
     under this section shall deduct the contributory value of 
     improvements made by the current occupant or lessee if the 
     occupant or lessee provides reasonable evidence of 
     expenditure of money or materials in making the improvements.
       (c) Current Use.--An appraisal under this section shall 
     consider the current use of a property (including the use of 
     housing as a community residence) and avoid uncertain 
     speculation as to potential future use.
       (d) Review.--
       (1) In general.--The Secretary of the Interior shall make 
     an appraisal under this section available for review by a 
     current occupant or lessee.
       (2) Additional information or appeal.--
       (A) In general.--The current occupant or lessee may provide 
     additional information, or appeal the findings of the 
     appraisal in writing, to the Upper Colorado Regional Director 
     of the Bureau of Reclamation.
       (B) Action by secretary of the interior.--The Secretary of 
     the Interior--
       (i) shall consider the additional information or appeal; 
     and
       (ii) may conduct a second appraisal if the Secretary 
     determines that a second appraisal is necessary.
       (e) Inspection.--The Secretary of the Interior shall 
     provide opportunities for other qualified, interested 
     purchasers to inspect completed appraisals under this 
     section.

     SEC. 10. DISPOSAL OF PROPERTIES.

       (a) Conveyances.--
       (1) Patents.--The Secretary of the Interior shall dispose 
     of properties identified for disposal under section 4, other 
     than properties retained under section 4(e), without regard 
     to law governing patents.
       (2) Condition and land.--Except as otherwise provided in 
     this Act, conveyance of a building, structure, or facility 
     under this Act shall be in its current condition and shall 
     include the land parcel on which the building, structure, or 
     facility is situated.
       (3) Fixtures and furnishings.--An existing and in-place 
     fixture or furnishing necessary for the full use of a 
     property or facility under this Act shall be conveyed along 
     with the property.
       (4) Maintenance.--
       (A) Before conveyance.--Before property is conveyed under 
     this Act, the Secretary of the Interior shall ensure 
     reasonable and prudent maintenance and proper care of the 
     property.
       (B) After conveyance.--After property is conveyed to a 
     recipient under this Act, the recipient shall be responsible 
     for--
       (i) maintenance and proper care of the property; and
       (ii) any contamination of the property.
       (b) Infrastructure Facilities and Land.--Infrastructure 
     facilities and land described in paragraphs (1) and (2) of 
     section 4(c) shall be conveyed, without consideration, to 
     Daggett County, Utah.
       (c) School.--The lands on which are located the Dutch John 
     public schools described in section 4(c)(3) shall be 
     conveyed, without consideration, to the Daggett County School 
     District.
       (d) Utah Division of Wildlife Resources.--Lands on which 
     are located the offices, 3 employee residences, warehouses, 
     and facilities of the Utah Division of Wildlife Resources 
     described in section 4(d)(7) shall be conveyed, without 
     consideration, to the Division.
       (e) Residences and Lots.--
       (1) In general.--
       (A) Fair market value.--A residence and occupied 
     residential lot to be disposed of under this Act shall be 
     sold for the appraised fair market value.
       (B) Notice.--The Secretary of the Interior shall provide 
     local general public notice, and written notice to lessees 
     and to current occupants of residences and of occupied 
     residential lots for disposal, of the intent to sell 
     properties under this Act.
       (2) Purchase of residences or lots by lessees.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     of the Interior shall provide a holder of a current lease 
     from the Secretary for a residence to be sold under paragraph 
     (1) or (2) of section 4(d) or for a residential lot occupied 
     by a privately owned dwelling described in section 4(d)(3) a 
     period of 180 days beginning on the date of the written 
     notice of the Secretary of intent of the Secretary to sell 
     the residence or lot, to execute a contract with the 
     Secretary of the Interior to purchase the residence or lot 
     for the appraised fair market value.
       (B) Notice of intent to purchase.--To obtain the protection 
     of subparagraph (A), the lessee shall, during the 30-day 
     period beginning on the date of receipt of the notice 
     referred to in subparagraph (A), notify the Secretary in 
     writing of the intent of the lessee to purchase the residence 
     or lot.
       (C) No notice or purchase contract.--If no written 
     notification of intent to purchase is received by the 
     Secretary in accordance with subparagraph (B) or if a 
     purchase contract has not been executed in accordance with 
     subparagraph (A), the residence or lot shall become available 
     for purchase by other persons under paragraph (3).
       (3) Purchase of residences or lots by other persons.--
       (A) Eligibility.--If a residence or lot becomes available 
     for purchase under paragraph (2)(C), the Secretary of the 
     Interior shall make the residence or lot available for 
     purchase by--

[[Page S11371]]

       (i) a current authorized occupant of the residence to be 
     sold;
       (ii) a holder of a current reclamation lease for a 
     residence within Dutch John;
       (iii) an employee of the Bureau of Reclamation or the 
     Forest Service who resides in Dutch John; or
       (iv) a Federal or non-Federal employee in support of a 
     Federal agency who resides in Dutch John.
       (B) Priority.--
       (i) Seniority.--Priority for purchase of properties 
     available for purchase under this paragraph shall be by 
     seniority of reclamation lease or residency in Dutch John.
       (ii) Priority list.--The Secretary of the Interior shall 
     compile a priority list of eligible potential purchasers that 
     is based on the length of continuous residency in Dutch John 
     or the length of a continuous residence lease issued by the 
     Bureau of Reclamation in Dutch John, with the highest 
     priority provided for purchasers with the longest continuous 
     residency or lease.
       (iii) Interruptions.--If a continuous residency or lease 
     was interrupted, the Secretary shall consider only that most 
     recent continuous residency or lease.
       (iv) Other factors.--In preparing the priority list, the 
     Secretary shall not consider a factor (including agency 
     employment or position) other than the length of the current 
     residency or lease.
       (v) Disputes.--A potential purchaser may file a written 
     appeal over a dispute involving eligibility or ranking on the 
     priority list with the Secretary of the Interior, acting 
     through the Upper Colorado Regional Director of the Bureau of 
     Reclamation. The Secretary, acting through the Regional 
     Director, shall consider the appeal and resolve the dispute.
       (C) Notice.--The Secretary of the Interior shall provide 
     general public notice and written notice by certified mail to 
     eligible purchasers that specifies--
       (i) properties available for purchase under this paragraph;
       (ii) the appraised fair market value of the properties;
       (iii) instructions for potential eligible purchasers; and
       (iv) any purchase contract requirements.
       (D) Notice of intent to purchase.--An eligible purchaser 
     under this paragraph shall have a period of 90 days after 
     receipt of written notification to submit to the Secretary of 
     the Interior a written notice of intent to purchase a 
     specific available property at the listed appraised fair 
     market value.
       (E) Notice of eligibility of highest eligible purchaser to 
     purchase property.--The Secretary of the Interior shall 
     provide notice to the potential purchaser with the highest 
     eligible purchaser priority for each property that the 
     purchaser will have the first opportunity to execute a sales 
     contract and purchase the property.
       (F) Availability to other purchasers on priority list.--If 
     no purchase contract is executed for a property by the 
     highest priority purchaser within the 180 days after receipt 
     of notice under subparagraph (E), the Secretary of the 
     Interior shall make the property available to other 
     purchasers listed on the priority list.
       (G) Limitation on number of properties.--No household may 
     purchase more than 1 residential property under this 
     paragraph.
       (4) Residual property to county.--If a residence or lot to 
     be disposed of under this Act is not purchased in accordance 
     with paragraph (2) or (3) within 2 years after providing the 
     first notice of intent to sell under paragraph (1)(B), the 
     Secretary of the Interior shall convey the residence or lot 
     to Daggett County without consideration.
       (5) Advisory committee.--The Secretary of the Interior, 
     acting through the Upper Colorado Regional Director of the 
     Bureau of Reclamation, may appoint a nonfunded Advisory 
     Committee comprised of 1 representative from each of the 
     Bureau of Reclamation, Daggett County, and the Dutch John 
     community to review and provide advice to the Secretary on 
     the resolution of disputes arising under this subsection and 
     subsection (f).
       (6) Financing.--The Secretary of the Interior shall provide 
     advice to potential purchasers under this subsection and 
     subsection (f) in obtaining appropriate and reasonable 
     financing for the purchase of a residence or lot.
       (f) Unoccupied Platted Lots.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary of the Interior shall make an unoccupied platted 
     lot described in section 4(d)(4) available for sale to 
     eligible purchasers for the appraised fair market value of 
     the lot.
       (2) Conveyance for public purpose.--On request from Daggett 
     County, the Secretary of the Interior may convey directly to 
     the County without consideration a lot referred to in 
     paragraph (1) that will be used for a public use purpose that 
     is consistent with the land use plan developed under section 
     8(a).
       (3) Administration.--The procedures established under 
     subsection (e) shall apply to this subsection to the maximum 
     extent practicable, as determined by the Secretary of the 
     Interior.
       (4) Land-use designation.--For each lot sold under this 
     subsection, the Secretary of the Interior shall include in 
     the notice of intent to sell the lot provided under this 
     subsection the land-use designation of the lot established 
     under the land use plan developed under section 8(a).
       (5) Limitation on number of lots.--No household may 
     purchase more than 1 residential lot under this subsection.
       (6) Limitation on purchase of additional lots.--No 
     household purchasing an existing residence under this section 
     may purchase an additional single home, residential lot.
       (7) Residual lots to county.--If a lot described in 
     paragraph (1) is not purchased in accordance with paragraphs 
     (1) through (6) within 2 years after providing the first 
     notice of intent to sell under this subsection, the Secretary 
     of the Interior shall convey the lot to Daggett County 
     without consideration.
       (g) Special Use Permits.--
       (1) Sale.--Lands on which Forest Service special use 
     permits are issued to holders numbered 4054 and 9303, Ashley 
     National Forest, comprising approximately 15.3 acres and 1 
     acre, respectively, may be sold at appraised fair market 
     value to the holder of the permit.
       (2) Administration of permits.--On transfer of jurisdiction 
     of the land to the Secretary of the Interior pursuant to 
     section 6, the Secretary of the Interior shall administer the 
     permits under the terms and conditions of the permits.
       (3) Notice of availability for purchase.--The Secretary of 
     the Interior shall notify the respective permit holders in 
     writing of the availability of the land for purchase.
       (4) Appraisals.--The Secretary of the Interior shall not 
     conduct an appraisal of the land unless the Secretary 
     receives a written notice of intent to purchase the land 
     within 2 years after providing notice under paragraph (3).
       (5) Alternative parcels.--On request by permit holder 
     number 9303, the Secretary of the Interior, in consultation 
     with Daggett County, may--
       (A) consider sale of a parcel within the Daggett County 
     community of similar size and appraised value in lieu of the 
     land under permit on the date of enactment of this Act; and
       (B) provide the holder credit toward the purchase or other 
     negotiated compensation for the appraised value of 
     improvements of the permittee to land under permit on the 
     date of enactment of this Act.
       (6) Residual land to county.--If land described in 
     paragraph (1) is not purchased in accordance with paragraphs 
     (1) through (5) within 2 years after providing the first 
     notice of intent to sell under this subsection, the Secretary 
     of the Interior shall convey the land to Daggett County 
     without consideration.
       (h) Transfers to County.--Other land occupied by 
     authorization of a special use permit, easement, or right-of-
     way to be disposed of under this Act shall be transferred to 
     Daggett County if the holder of the authorization and the 
     County, prior to transfer of the lands to the County--
       (1) agree to and execute a legal document that grants the 
     holder the rights and privileges provided in the existing 
     authorization; or
       (2) enter into another arrangement that is mutually 
     satisfactory to the holder and the County.
       (i) Church Land.--
       (1) In general.--The Secretary of the Interior shall offer 
     to sell land to be disposed of under this Act on which is 
     located an established church to the parent entity of the 
     church at the appraised fair market value.
       (2) Notice.--The Secretary of the Interior shall notify the 
     church in writing of the availability of the land for 
     purchase.
       (3) Residual land to county.--If land described in 
     paragraph (1) is not purchased in accordance with paragraphs 
     (1) and (2) within 2 years after providing the first notice 
     of intent to sell under this subsection, the Secretary of the 
     Interior shall convey the land to Daggett County without 
     consideration.
       (j) Residual Properties to County.--The Secretary of the 
     Interior shall convey all lands, buildings, or facilities 
     designated for disposal under this Act that are not conveyed 
     in accordance with subsections (a) through (i) to Daggett 
     County without consideration.
       (k) Water Rights.--
       (1) In general.--Subject to the other provisions of this 
     subsection, the Secretary of the Interior shall transfer all 
     water rights the Secretary holds that are applicable to the 
     Dutch John municipal water system to Daggett County.
       (2) Water service contract.--
       (A) In general.--Transfer of rights under paragraph (1) is 
     contingent on Daggett County entering into a water service 
     contract with the Secretary of the Interior covering payment 
     for and delivery of untreated water to Daggett County 
     pursuant to the Act of April 11, 1956 (70 Stat. 105, chapter 
     203; 43 U.S.C. 620 et seq.).
       (B) Delivered water.--The contract shall require payment 
     only for water actually delivered.
       (3) Existing rights.--Existing rights for transfer to 
     Daggett County under this subsection include--
       (A) Utah Water Right 41-2942 (A30557, Cert. No. 5903) for 
     0.08 cubic feet per second from a water well; and
       (B) Utah Water Right 41-3470 (A30414b), an unapproved 
     application to segregate 12,000 acre-feet per year of water 
     from the original approved Flaming Gorge water right (41-
     2963) for municipal use in the town of Dutch John and 
     surrounding areas.
       (4) Culinary water supplies.--The transfer of water rights 
     under this subsection is conditioned on the agreement of 
     Daggett County to provide culinary water supplies to Forest 
     Service campgrounds served (on the date of enactment of this 
     Act) by the water supply system and to Forest Service and 
     Bureau of Reclamation facilities, at a rate equivalent to 
     other similar uses.
       (5) Maintenance.--The Secretary of Agriculture and the 
     Secretary of the Interior shall be responsible for 
     maintenance of their respective water systems from the point 
     of the distribution lines of the systems.
       (l) Shoreline Access.--On receipt of an acceptable 
     application, the Secretary of Agriculture shall consider 
     issuance of a special use permit affording Flaming Gorge 
     Reservoir public shoreline access and use within the vicinity 
     of Dutch John in conjunction with commercial visitor 
     facilities provided and maintained under such a permit.
       (m) Revenues.--
       (1) In general.--Except as provided in paragraph (2), all 
     revenues derived from the sale of

[[Page S11372]]

     properties as authorized by this Act shall temporarily be 
     deposited in a segregated interest-bearing trust account in 
     the Treasury with the moneys on hand in the account paid to 
     Daggett County semiannually to be used by the County for 
     purposes associated with the provision of governmental and 
     community services to the Dutch John community.
       (2) Deposit in the general fund.--Of the revenues described 
     in paragraph (1), 15.1 percent shall be deposited in the 
     general fund of the Treasury.

     SEC. 11. VALID EXISTING RIGHTS.

       (a) Agreements.--
       (1) In general.--If any lease, permit, right-of-way, 
     easement, or other valid existing right is appurtenant to 
     land conveyed to Daggett County, Utah, under this Act, the 
     County shall honor and enforce the right through a legal 
     agreement entered into by the County and the holder before 
     the date of conveyance.
       (2) Extension or termination.--The County may extend or 
     terminate an agreement under paragraph (1) at the end of the 
     term of the agreement.
       (b) Use of Revenues.--During such period as the County is 
     enforcing a right described in subsection (a)(1) through a 
     legal agreement between the County and the holder of the 
     right under subsection (a), the County shall collect and 
     retain any revenues due the Federal Government under the 
     terms of the right.
       (c) Extinguishment of Rights.--If a right described in 
     subsection (a)(1) with respect to certain land has been 
     extinguished or otherwise protected, the County may dispose 
     of the land.

     SEC. 12. CULTURAL RESOURCES.

       (a) Memoranda of Agreement.--Before transfer and disposal 
     under this Act of any land that contains cultural resources 
     and that may be eligible for listing on the National Register 
     of Historic Places, the Secretary of Agriculture, in 
     consultation with the Secretary of the Interior, the Utah 
     Historic Preservation Office, and Daggett County, Utah, shall 
     prepare a memorandum of agreement, for review and approval by 
     the Utah Office of Historical Preservation and the Advisory 
     Council on Historic Preservation established by title II of 
     the National Historic Preservation Act (16 U.S.C. 470i et 
     seq.), that contains a strategy for protecting or mitigating 
     adverse effects on cultural resources on the land.
       (b) Interim Protection.--Until such time as a memorandum of 
     agreement has been approved, or until lands are disposed of 
     under this Act, the Secretary of Agriculture shall provide 
     clearance or protection for the resources.
       (c) Transfer Subject to Agreement.--On completion of 
     actions required under the memorandum of agreement for 
     certain land, the Secretary of the Interior shall provide for 
     the conveyance of the land to Daggett County, Utah, subject 
     to the memorandum of agreement.

     SEC. 13. TRANSITION OF SERVICES TO LOCAL GOVERNMENT CONTROL.

       (a) Assistance.--
       (1) In general.--The Secretary of the Interior shall 
     provide training and transitional operating assistance to 
     personnel designated by Daggett County, Utah, as successors 
     to the operators for the Secretary of the infrastructure 
     facilities described in section 4(c).
       (2) Duration of training.--With respect to an 
     infrastructure facility, training under paragraph (1) shall 
     continue for such period as is necessary for the designated 
     personnel to demonstrate reasonable capability to safely and 
     efficiently operate the facility, but not to exceed 2 years.
       (3) Continuing assistance.--The Secretary shall remain 
     available to assist with resolving questions about the 
     original design and installation, operating and maintenance 
     needs, or other aspects of the infrastructure facilities.
       (b) Transition Costs.--For the purpose of defraying costs 
     of transition in administration and provision of basic 
     community services, an annual payment of $300,000 (as 
     adjusted by the Secretary for changes in the Consumer Price 
     Index for all-urban consumers published by the Department of 
     Labor) shall be provided from the Upper Colorado River Basin 
     Fund authorized by section 5 of the Act of April 11, 1956 (70 
     Stat. 107, chapter 203; 43 U.S.C. 620d), to Daggett County, 
     Utah, or, in accordance with subsection (c), to Dutch John, 
     Utah, for a period not to exceed 15 years beginning the first 
     January 1 that occurs after the date of enactment of this 
     Act.
       (c) Division of Payment.--If Dutch John becomes 
     incorporated and become responsible for operating any of the 
     infrastructure facilities referred to in subsection (a)(1) or 
     for providing other basic local governmental services, the 
     payment amount for the year of incorporation and each 
     following year shall be proportionately divided between 
     Daggett County and Dutch John based on the respective costs 
     paid by each government for the previous year to provide the 
     services.
       (d) Electric Power.--
       (1) Availability.--The United States shall make available 
     electric power and associated energy from the Colorado River 
     Storage Project for the Dutch John community.
       (2) Amount.--The amount of electric power and associated 
     energy made available under paragraph (1) shall not exceed 
     1,000,000 kilowatt-hours per year.
       (3) Rates.--The rates for power and associated energy shall 
     be the firm capacity and energy rates of the Salt Lake City 
     Area/Integrated Projects.

     SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

       (a) Resource Recovery and Mitigation.--There are authorized 
     to be appropriated to the Secretary of Agriculture, out of 
     nonpower revenues to the Federal Government from land 
     transferred under this Act, such sums as are necessary to 
     implement such habitat, sensitive resource, or cultural 
     resource recovery, mitigation, or replacement strategies as 
     are developed with respect to land transferred under this 
     Act, except that the strategies may not include acquisition 
     of privately owned lands in Daggett County.
       (b) Other Sums.--In addition to sums made available under 
     subsection (a), there are authorized to be appropriated such 
     sums as are necessary to carry out this Act.

  The committee amendment was agreed to.
  The bill (S. 890), as amended, was considered read the third time and 
passed.

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