[105th Congress Public Law 326]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ326.105]
[[Page 3039]]
DUTCH JOHN FEDERAL PROPERTY DISPOSITION AND ASSISTANCE ACT OF 1998
[[Page 112 STAT. 3040]]
Public Law 105-326
105th Congress
An Act
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. <<NOTE: Oct. 30,
1998 - [S. 890]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Dutch John Federal Property
Disposition and Assistance Act of 1998. 16 USC 460v note.>> 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
[[Page 112 STAT. 3041]]
(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
[[Page 112 STAT. 3042]]
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
[[Page 112 STAT. 3043]]
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 furnishings 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).
[[Page 112 STAT. 3044]]
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
[[Page 112 STAT. 3045]]
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) <<NOTE: Deadlines.>> Requirements.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior shall
[[Page 112 STAT. 3046]]
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
[[Page 112 STAT. 3047]]
(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
[[Page 112 STAT. 3048]]
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
[[Page 112 STAT. 3049]]
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.
[[Page 112 STAT. 3050]]
(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 <<NOTE: Applicability.>> 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
[[Page 112 STAT. 3051]]
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
[[Page 112 STAT. 3052]]
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.
[[Page 112 STAT. 3053]]
(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
becomes 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.
[[Page 112 STAT. 3054]]
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.
Approved October 30, 1998.
LEGISLATIVE HISTORY--S. 890 (H.R. 2108):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 105-714 accompanying H.R. 2108 (Comm. on Resources).
SENATE REPORTS: No. 105-264 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 144 (1998):
Oct. 2, considered and passed Senate.
Oct. 8, considered and passed House.
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