[Congressional Record Volume 144, Number 140 (Thursday, October 8, 1998)]
[House]
[Pages H10158-H10163]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DUTCH JOHN FEDERAL PROPERTY DISPOSITION AND ASSISTANCE ACT OF 1998
Mr. HANSEN. Mr. Speaker. I ask unanimous consent to take from the
Speaker's table the Senate 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, and ask for its immediate consideration in the
House.
[[Page H10159]]
The Clerk read the title of the Senate bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Utah?
There was no objection.
The Clerk read the Senate bill, as follows:
S. 890
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 ``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
(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
[[Page H10160]]
(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.
(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.
[[Page H10161]]
(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--
(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
[[Page H10162]]
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 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.
[[Page H10163]]
(Mr. HANSEN asked and was given permission to revise and extend his
remarks.)
Mr. HANSEN. Mr. Speaker, S. 890 is a very important bill. It helps a
small town in Utah, and it saves the American people millions of
dollars.
The Town of Dutch John was established in 1958 by the Bureau of
Reclamation to provide housing and serve project construction needs for
the construction of Flaming Gorge Dam. This provision will privatize
certain lands at Dutch John which are no longer needed by the Bureau of
Reclamation. In an agreement reached between the local county and the
Bureau, this language will transfer these lands and save the taxpayer
over one million dollars annually.
I ask my colleagues to give S. 890 their full support.
The Senate bill was ordered to be read a third time, and was read the
third time, and passed, and a motion to reconsider was laid on the
table.
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