[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 890 Enrolled Bill (ENR)]
S.890
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
eight
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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

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(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.

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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.

51a63147d649436dd8f99f8295278d50b9bc7c24faacc9c818329c0b026f2709

(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 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).

1f61fa688c5ea7caf8febe721862effd7c179e51191c9c5da39ec52a69fe1e44

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).

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(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.

02074dde7a1b2cd037fcb1e1daf5e9d606f54b6b899ab2f3269a7ce9c265ed1a

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.

84c2e6388ea3f2eb547911e30cc652fb4c48952b22068384fac39bf2be187ff7

(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.

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(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.

e056e02af84f840ee7030a45cd2358fd5982e821dc7f945929fb5a5d5e074904

(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--
(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 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.

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(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.

e26e9865aa8552b78619e1ca6ea3bbbd9a10e9edcb319ee934196a5395c43784

(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.

e85b195e30ad6446c17fc3196c2ab8fe272c29613d71a8172cab83ec105d144c

(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.

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(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Dutch John Federal Property Disposition and Assistance Act of 1997 — S. 890

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