[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. <all>