[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>