I

104TH CONGRESS

2D SESSION H. R. 3486

To dispose of certain Federal properties at Dutch John, Utah, assist local

government in the interim delivery of basic services to the Dutch John

community, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 16, 1996

Mr. ORTON introduced the following bill; which was referred to the Committee

on Resources

A BILL

To dispose of certain Federal properties at Dutch John,

Utah, assist local government in the interim delivery

of basic services to the Dutch John community, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FINDINGS AND PURPOSES.

4 (a) FINDINGS.—The Congress finds that:

5 (1) Dutch John, Utah was founded by the

6 United States Department of the Interior’s Bureau

7 of Reclamation in 1958 on Reclamation lands as a

8 community to house personnel, administrative of-
2

•HR 3486 IH

1 fices, and equipment for project construction and op2 eration of Flaming Gorge Dam and Reservoir as au3 thorized by the Colorado River Storage Act. Perma4 nent structures including houses, administrative of5 fices, equipment storage and maintenance buildings,

6 and other public buildings and facilities were con7 structed and continue to be owned and maintained

8 by the Bureau of Reclamation.

9 (2) Reclamation lands surrounding Flaming

10 Gorge Reservoir, including the Dutch John townsite,

11 were included within the boundaries of the Flaming

12 Gorge National Recreation Area (NRA) in 1968

13 under Public Law 90–540. The Act gave administra14 tion, protection and development of the National

15 Recreation Area to the Secretary of Agriculture (act16 ing through the United States Forest Service) pro17 vided that lands and waters needed or used for the

18 Colorado River Storage project would continue to be

19 administered by the Secretary of the Interior (acting

20 through the Bureau of Reclamation). Most struc21 tures within Dutch John, including the community’s

22 schools and public buildings occupy lands adminis23 tered by the United States Forest Service.

24 (3) The Bureau of Reclamation and the United

25 States Forest Service are unnecessarily burdened
3

•HR 3486 IH

1 with costs of continuing to provide basic services, fa2 cilities and building maintenance, and administrative

3 costs of operating the community of Dutch John.

4 Certain structures and lands are no longer essential

5 to management of the project or to management of

6 the National Recreation Area.

7 (4) Residents of the community are interested

8 in purchasing the homes they currently rent from

9 the Bureau of Reclamation and the land upon which

10 they were built. Daggett County, Utah (County) is

11 interested in reducing the financial burden it experi12 ences in providing local government support services

13 to a community which produces little direct tax reve14 nue due to Federal ownership. A withdrawal of the

15 Federal Government’s role of providing basic direct

16 community services to Dutch John would require

17 local government to provide such services and at

18 substantial cost.

19 (5) Residents are interested in self-government

20 of their community. With growing demands for addi21 tional commercial recreation services for National

22 Recreation Area and Ashley National Forest visitors,

23 there are opportunities for private economic develop24 ment, but few private lands are available for such

25 use.
4

•HR 3486 IH

1 (6) The privatization and disposal to local gov2 ernment of certain lands in and surrounding Dutch

3 John would be in the public’s interest.

4 (b) PURPOSES.—The purposes of this Act are to pri5 vatize certain lands in and surrounding Dutch John;

6 transfer jurisdiction of certain Federal property between

7 the Secretary of the Interior and the Secretary of Agri8 culture; complement the Flaming Gorge National Recre9 ation Area; dispose of certain residential units, public

10 buildings, and facilities; and provide interim financial as11 sistance to local government to defray costs of providing

12 basic governmental services in order to achieve efficiencies

13 in operation of Flaming Gorge Dam and Reservoir and

14 the National Recreation Area, reduce long-term Federal

15 outlays, and serve the interests of the residents of Dutch

16 John, the County of Daggett, and the general public.

17 SEC. 2. LANDS AND PROPERTIES FOR DISPOSAL.

18 (a) IN GENERAL.—Certain lands, structures, and

19 community infrastructure facilities at Dutch John, Utah,

20 which have been identified by the Secretary of Agriculture,

21 acting through the United States Forest Service, or the

22 Secretary of the Interior, acting through the Bureau of

23 Reclamation, as no longer necessary for support of the re24 spective missions of the agencies, shall be transferred or

25 disposed as provided by this Act.
5

•HR 3486 IH

1 (b) LAND DESCRIPTION.—The following described

2 lands, comprising 2,450 acres more or less, within or asso3 ciated with the Dutch John community, having been deter4 mined as available for transfer or disposal by the Secretar5 ies of the Interior and Agriculture, shall be disposed as

6 provided by this Act, except for properties and land, 75

7 acres more or less, to be retained and as specifically ex8 cluded by subsection (e):

9 Salt Lake Base and Meridian:

10 Township 2 North, Range 22 East:

Section 1: NW1⁄4NW1⁄4; S1⁄2NW1 11 ⁄4;

S1 12 ⁄2

Section 2: S1 13 ⁄2

14 Section 11: All

15 Section 12: All

Section 13: N1 16 ⁄2

Section 14: E1⁄2NE1 17 ⁄4

18 Township 2 North, Range 23 East:

19 Section 3: 10 acres more or less within NE1⁄4SW1 20 ⁄4

21 (c) INFRASTRUCTURE FACILITIES.—Community in22 frastructure facilities, having been determined as available

23 for transfer or disposal by the Secretaries of the Interior

24 and Agriculture, unless otherwise specifically excluded by
6

•HR 3486 IH

1 subsection (e), shall be disposed of including each of the

2 following:

3 (1) Fire station, sewer systems and sewage la4 goons, water systems except as provided in section

5 2(e)(3), post office, electrical and natural gas dis6 tribution systems, hospital building, streets, street

7 lighting, alleys, sidewalks, parks, and community

8 buildings located within or serving Dutch John, in9 cluding, but not limited to fixtures, equipment, land,

10 easements, rights-of-way or other property primarily

11 used for operation, maintenance, replacement, or re12 pair of the foregoing.

13 (2) The Dutch John Airport comprising 25

14 acres, more or less, including runways, roads, rights15 of-way, and all appurtenances thereto, and subject

16 to appropriate monitoring and any remedial action

17 as may be necessary by the United States.

18 (3) The lands upon which are located the Dutch

19 John public schools comprising 10 acres more or

20 less.

21 (d) OTHER PROPERTIES.—Other properties and fa22 cilities, having been determined as available for transfer

23 or disposal by the Secretaries of the Interior and Agri24 culture, shall be disposed under this Act including each

25 of the following:
7

•HR 3486 IH

1 (1) Certain currently occupied residential units

2 as determined by the Bureau of Reclamation.

3 (2) Certain currently unoccupied residential

4 units as determined by the Bureau of Reclamation.

5 (3) Lots within Dutch John community, cur6 rently occupied by privately owned modular homes

7 under a lease agreement with the Bureau of Rec8 lamation.

9 (4) Unoccupied platted lots within Dutch John

10 community.

11 (5) The land, 3.8 acres more or less, upon

12 which is located a Latter Day Saints church, Block

13 9, Townsite of Dutch John.

14 (6) The lands upon which the United States

15 Forest Service has issued special use permits, ease16 ments, or rights-of-way for commercial uses.

17 (7) The lands upon which are located the of18 fices, 3 employee residences, and facilities of the

19 Utah Division of Wildlife Resources, to be accurately

20 described by survey as directed under section 5, to

21 generally include those yards and grounds defined by

22 existing fences.

23 (8) Lands within or adjacent to the Dutch John

24 townsite, to be identified and mutually agreed to by

25 Daggett County, the United States Forest Service,
8

•HR 3486 IH

1 and the Bureau of Reclamation, suitable for con2 struction, development, and use of a community-use

3 solid waste transfer point of similar acreage as the

4 existing landfill site.

5 (9) Such existing and in-place fixtures and fur6 nishings mutually determined by Daggett County,

7 the United States Forest Service, and the Bureau of

8 Reclamation as necessary to the full use of prop9 erties or facilities to be disposed.

10 (10) Such other properties or facilities at Dutch

11 John for which the Bureau of Reclamation or the

12 United States Forest Service, now or in the future,

13 may determine are no longer necessary to achieve

14 their respective missions and whose disposal would

15 be consistent with the findings and provisions of this

16 Act.

17 (e) RETAINED PROPERTIES.—Certain lands, struc18 tures, and facilities shall be retained by the Bureau of

19 Reclamation or the United States Forest Service for their

20 respective use until or unless they are determined to be

21 available for disposal including each of the following:

22 (1) All buildings and improvements located

23 within Reclamation’s industrial complex including,

24 but not limited to a maintenance shop, 40 industrial

25 garages, 2 warehouses, equipment storage building,
9

•HR 3486 IH

1 flammable equipment storage building, and hazard2 ous waste storage facility and the real estate upon

3 which they are located.

4 (2) Seventeen residences, 15 remaining in the

5 jurisdiction of the Bureau of Reclamation and 2 re6 maining in the jurisdiction of the United States For7 est Service.

8 (3) The Dutch John water system raw water

9 supply line and return line between the powerplant

10 and the water treatment plant, pumps and pumping

11 equipment, and any appurtenances and rights-of-way

12 thereto, with such retained facilities to be operated

13 and maintained by the United States with pumping

14 costs and operation and maintenance costs of the

15 pumps to be included as a cost to Daggett County

16 in a water service contract.

17 (4) The Dutch John Landfill site, which will re18 main under United States Forest Service jurisdiction

19 and which will be subject to appropriate monitoring

20 and any remedial action as may be necessary by the

21 United States with responsibility for monitoring and

22 remediation being shared by the United States For23 est Service and the Bureau of Reclamation propor24 tionate to their historical use of the facility.
10

•HR 3486 IH

1 (5) Heliport and associated real estate, consist2 ing of 20 acres more or less, which will remain in

3 the jurisdiction of the United States Forest Service.

4 (6) United States Forest Service warehouse

5 complex and associated real estate, consisting of ap6 proximately 2 acres, which will remain in the juris7 diction of the United States Forest Service.

8 (7) United States Forest Service office complex

9 and associated real estate, which will remain in the

10 jurisdiction of the United States Forest Service.

11 SEC. 3. REVOCATION OF WITHDRAWALS.

12 For those lands to be transferred or disposed under

13 section 2, each of the following withdrawals are hereby re14 voked, effective on the date of conveyance by Quitclaim

15 Deed out of Federal ownership:

16 (1) Public Water Reserve No. 16, Utah No. 7,

17 dated March 9, 1914.

18 (2) Secretary of the Interior Order dated Octo19 ber 20, 1952.

20 (3) Secretary of Interior Order dated July 2,

21 1956, No. 71676.

22 (4) Flaming Gorge National Recreation Area

23 dated October 1, 1968 (Public Law 90–540).

24 (5) Dutch John Administrative Site, dated De25 cember 12, 1951 (PLO 769, U–0611).
11

•HR 3486 IH

1 SEC. 4. TRANSFER OF JURISDICTION.

2 (a) TRANSFERS FROM UNITED STATES FOREST

3 SERVICE.—Except for lands to be retained by the United

4 States Forest Service under section 2(e), all lands des5 ignated under section 2 for disposal and lands designated

6 for Federal retention under section 2(e) shall be trans7 ferred from the jurisdiction of the Department of Agri8 culture to the Bureau of Reclamation and the Department

9 of the Interior and removed from inclusion in the Ashley

10 National Forest and the Flaming Gorge National Rec11 reational Area. The United States Forest Service shall

12 continue to administer and be responsible for management

13 of any United States Forest Service-issued special use per14 mits or United States Forest Service facilities or improve15 ments on lands to be disposed until such time as the sub16 ject lands are conveyed out of Federal ownership.

17 (b) FEDERAL IMPROVEMENTS.—The Secretary of the

18 Interior is authorized to transfer to the Secretary of Agri19 culture jurisdiction over Federal improvements to be used

20 by the United States Forest Service.

21 (c) WITHDRAWALS.—Notwithstanding the provisions

22 of subsection (a), those lands retained by the Federal Gov23 ernment will continue to be withdrawn from mineral entry

24 under the United States mining laws and subject to provi25 sions of section 5 of the Act of 1968 (Public Law 90–
12

•HR 3486 IH

1 540), establishing the Flaming Gorge National Recreation

2 Area.

3 SEC. 5. SURVEYS.

4 The Secretary of the Interior, in cooperation with the

5 Secretary of Agriculture, is directed to survey or resurvey

6 all or portions of the Dutch John Community as may be

7 necessary to accurately describe parcels identified for

8 transfer among agencies, for Federal disposal, or for re9 tention by the United States, and to facilitate future rec10 ordation of title.

11 SEC. 6. PLANNING.

12 The Dutch John Community Plan, prepared in co13 operation with the residents of Dutch John, the Bureau

14 of Reclamation, and the United States Forest Service, will

15 be recognized by the Bureau of Reclamation and the Unit16 ed States Forest Service as an indication of potential fu17 ture land use. The Bureau of Reclamation and the United

18 States Forest Service will cooperate with Daggett County

19 in assuring that disposal processes are consistent with

20 that plan and this Act.

21 SEC. 7. APPRAISALS.

22 (a) IN GENERAL.—Within 6 months after the enact23 ment of this Act, the Secretary of the Interior shall con24 duct appraisals to determine fair market value of those

25 properties designated for disposal under paragraphs (1),
13

•HR 3486 IH

1 (2), (3), (5), and (7) of section 2(d). Appraisals shall be

2 conducted for unoccupied platted lots referred to in section

3 2(d)(4) within 3 months of receipt by the Secretary of the

4 Interior from an eligible purchaser of a written notice of

5 intent to purchase the lot concerned. Appraisals shall be

6 conducted for lands and properties described under section

7 8(g) within 3 months of receipt by the Secretary of the

8 Interior from the permit holder of a written notice of in9 tent to purchase. Appraisals for implementation of that

10 subsection may include permit-holder improvements and

11 alternative land in order to conduct an in lieu land sale.

12 Funds for such appraisals shall be derived from the Upper

13 Colorado River Basin Fund. For occupied parcels, ap14 praisals shall include the full fee value of the occupied lot

15 or land parcel and the value of residences, structures, fa16 cilities, and existing, in-place federally owned fixtures and

17 furnishings necessary for full use of the property. For va18 cant parcels, appraisals will consider potential future uses

19 consistent with the Dutch John Community Plan ref20 erenced in section 6 and that Plan’s land use map and

21 subsection (c).

22 (b) RECLAMATION FOR IMPROVEMENTS.—Appraisals

23 of residences or structures and facilities leased for private

24 use shall deduct the contributory value of improvements

25 made by the current occupant or lessee if such occupant
14

•HR 3486 IH

1 or lessee provides reasonable evidence of expenditure of

2 monies or materials in making such improvements.

3 (c) CURRENT USE.—Appraisals shall consider cur4 rent use of properties, housing as community residences,

5 and avoid uncertain speculation as to potential future use.

6 (d) REVIEW.—Appraisals shall be made available by

7 the Secretary of the Interior for review by current occu8 pants or lessees who may provide additional information

9 or protest the findings of the appraisal in writing to the

10 Bureau of Reclamation’s Upper Colorado Regional Direc11 tor. The Bureau of Reclamation will consider such com12 ments or protests and is authorized to conduct a second

13 appraisal if deemed necessary to resolve issues.

14 (e) INSPECTION.—The Secretary of the Interior shall

15 provide opportunities for other qualified, interested, pur16 chasers to inspect completed appraisals.

17 SEC. 8. DISPOSAL OF PROPERTIES.

18 (a) CONVEYANCES.—The Secretary of the Interior

19 shall dispose of properties identified for disposal in section

20 2, except for properties identified for retention by the

21 United States Forest Service in section 2(e), without re22 gard to law governing patenting. Unless specifically stated

23 otherwise, conveyance of buildings, structures, and facili24 ties is ‘‘as is’’ and is intended to include the land parcel

25 upon which they are situated. Existing and in-place fix-
15

•HR 3486 IH

1 tures and furnishings necessary for the full use of the

2 properties or facilities will be conveyed along with the

3 property. The Secretary of the Interior shall assure rea4 sonable and prudent maintenance and proper care of prop5 erty to be disposed until title has passed. Recipients will

6 be responsible for maintenance and proper care of prop7 erty after title has passed. Recipients shall also be respon8 sible for contamination of property which occurs after title

9 has passed.

10 (b) INFRASTRUCTURE.—Community infrastructure

11 facilities as described under section 2(c)(1) and (2) shall

12 be conveyed without consideration to the County of

13 Daggett, Utah.

14 (c) SCHOOL.—The lands upon which are located the

15 Dutch John Public School, section 2(c)(3), shall be con16 veyed without consideration to the Daggett County School

17 District.

18 (d) SOLID WASTE TRANSFER STATION.—Lands se19 lected for use as a solid waste transfer point as described

20 in section 2(d)(8) shall be conveyed without consideration

21 to Daggett County.

22 (e) OFFICES, ETC.—Lands upon which are located

23 the Utah Division of Wildlife Resources’ offices, 3 em24 ployee residences, warehouse, and facilities described in

25 section 2(d)(7) shall be conveyed to the Utah Division of
16

•HR 3486 IH

1 Wildlife Resources upon payment to reclamation of ap2 praised fair market value. The Secretary of the Interior

3 shall notify the Division in writing of the property’s avail4 ability for purchase. Should no contract for sale be re5 ceived by the Secretary of the Interior within 2 years of

6 notification, the land shall be conveyed without consider7 ation to Daggett County.

8 (f) RESIDENCES AND LOTS.—(1) Residences and oc9 cupied residential lots to be disposed shall be sold for ap10 praised fair market value. The Secretary of the Interior

11 shall provide local general public notice and provide writ12 ten notice to its lessees and to current occupants of resi13 dences and of occupied residential lots for disposal of its

14 intent to sell such properties.

15 (2) The holder of a current lease from the Secretary

16 of the Interior for a residence to be sold (section 2(d)(1)

17 and (2)) or for a residential lot currently occupied by a

18 privately owned dwelling (as described in section 2(d)(3)),

19 shall be provided 6 months from the date of the Sec20 retary’s written notice of intent to sell to execute a con21 tract with the Secretary of the Interior to purchase such

22 residence or lot for appraised fair market value. The lessee

23 shall have 3 months in which to notify the Secretary in

24 writing of intent to purchase. If no written notification

25 of intent to purchase is received by the Secretary within
17

•HR 3486 IH

1 3 months, or if a purchase contract has not been signed

2 within 6 months, the residence or lot shall become avail3 able for purchase by others under paragraph (3).

4 (3) Current authorized occupants of residences to be

5 sold, holders of a current reclamation lease for a residence

6 within Dutch John, employees of the Bureau of Reclama7 tion or the United States Forest Service currently residing

8 in Dutch John, or other Federal agency mission-support9 ing individuals residing in Dutch John are eligible to pur10 chase those resident properties which are not under rec11 lamation lease and are designated for disposal by sale or

12 those properties under paragraph (2) for which no intent

13 to purchase or purchase contract was received within the

14 established time period. Priority for purchase of properties

15 available for purchase under this subsection shall be by

16 seniority of reclamation lease or residency in Dutch John.

17 (A) The Secretary of the Interior shall compile

18 a priority list of eligible potential purchasers with

19 the household or agency with the longest continuous

20 residency or reclamation issued residence lease in

21 Dutch John first, followed by the household or agen22 cy with the next longest continuous residency or

23 lease and so on until all eligible purchasers are

24 ranked numerically by seniority. If residency or con25 tinuous lease was interrupted, only that most recent
18

•HR 3486 IH

1 continuous residency or lease shall be considered. No

2 factor, including agency employment or position,

3 other than length of current residency or lease will

4 be considered in preparing the priority list. Disputes

5 over eligibility or ranking on the priority list shall be

6 filed in writing with the Secretary of the Interior,

7 acting through the Upper Colorado Regional Direc8 tor of the Bureau of Reclamation who shall consider

9 such information or dispute and make a determina10 tion to resolve the dispute. The Regional Director is

11 authorized to appoint a nonfunded Advisory Com12 mittee comprised of one representative each from the

13 Bureau of Reclamation, Daggett County, and the

14 Dutch John community to review and provide advice

15 to him on resolution of disputes arising under sub16 sections (f) and (g).

17 (B) The Secretary of the Interior shall provide

18 general public notice and written notice by certified

19 mail to eligible purchasers listing properties available

20 for purchase under this subsection, their appraised

21 fair market value, instructions for potential eligible

22 purchasers, and any purchase contract requirements.

23 Eligible purchasers shall have 3 months after receipt

24 of written notification to submit to the Secretary of

25 the Interior a written notice of intent to purchase a
19

•HR 3486 IH

1 specific available property at the listed appraised

2 fair market value. The Secretary of the Interior

3 shall provide notice to the potential purchaser with

4 the highest eligible purchaser priority for each prop5 erty that it will have first opportunity to execute a

6 sales contract and purchase said property.

7 (C) Should no purchase contract be executed by

8 the highest priority purchaser within 6 months, the

9 property shall be put up for sale to those remaining

10 on the eligible purchaser priority list.

11 (D) No household may purchase more than one

12 residential property.

13 (E) The Secretary of the Interior shall provide

14 advice to potential purchasers under subsections (f)

15 and (g) in obtaining appropriate and reasonable fi16 nancing for residence or lot purchase.

17 (F) Those residence properties which are made

18 available for sale and for which a purchase contract

19 has not been signed within 2 years of the first intent

20 of sale notice will be conveyed without consideration

21 to Daggett County.

22 (g) UNOCCUPIED PLATTED LOTS.—Unoccupied plat23 ted lots as described in section 2(d)(4) shall be made avail24 able for sale to eligible purchasers for appraised fair mar25 ket value, except for lots which the Secretary of the Inte-
20

•HR 3486 IH

1 rior may convey, upon request from Daggett County, di2 rectly to the County without consideration and specifically

3 for public use purposes which are consistent with the

4 Dutch John Plan. For lots to be sold, procedures for eligi5 bility, priority, notification, notice of intent to purchase,

6 purchase contract execution, and reoffer for sale under

7 subsection (f) shall be applied. For each parcel, notifica8 tion will include the Dutch John Community Plan land9 use designation as referenced in section 6. No household

10 may purchase more than one residential lot. No household

11 purchasing an existing residence may purchase a ‘‘single

12 home, residential’’ lot. Those lots made available for sale

13 and for which no purchase contract has been signed within

14 2 years of first notice of intent to sell will be conveyed

15 without consideration to Daggett County.

16 (h) SPECIAL USE PERMITS.—Lands upon which

17 United States Forest Service special use permits are is18 sued to holders number 4054 and 9303, Ashley National

19 Forest, comprising 15.3 acres and 1 acre respectively, may

20 be sold at appraised fair market value to the holder of

21 the permit. The Secretary of the Interior shall notify the

22 respective permit holders in writing of the availability for

23 purchase of the subject property. Appraisals of the prop24 erties shall not be conducted until a written notice of in25 tent to purchase has been received by the Secretary of the
21

•HR 3486 IH

1 Interior within 2 years of notification, the land concerned

2 shall be conveyed without consideration to the County sub3 ject to execution of agreements as provided under sub4 section (i) and section 9. Upon request by permit holder

5 9303, the Secretary of the Interior, in consultation with

6 the County, may consider sale of a parcel within the town7 site of similar size and appraised value in lieu of the land

8 currently under permit and may provide the holder credit

9 toward purchase or other negotiated compensation for the

10 appraised value of permittee’s improvements to land cur11 rently under permit.

12 (i) TRANSFERS TO COUNTY.—Other lands occupied

13 by authorization of a United States Forest Service special

14 use permit, easement, or right-of-way shall be transferred

15 to the County, provided the holder of the authorization

16 and the County agree to and execute a legal document

17 that grants the holder the rights and privileges provided

18 in the existing United States Forest Service authorization

19 or as otherwise satisfactory to the holder and the County,

20 prior to transfer of said lands to the County.

21 (j) CHURCH.—Land upon which is located any estab22 lished church shall be sold at appraised fair market value

23 to the parent entity of that church. The Secretary of the

24 Interior shall notify the church in writing of the property’s

25 availability for purchase. Should no contract for sale be
22

•HR 3486 IH

1 received by the Secretary of the Interior within 2 years

2 of notification, the land shall be conveyed without consid3 eration to Daggett County.

4 (k) OTHER PROPERTIES.—All other lands, buildings,

5 or facilities designated for disposal will be conveyed with6 out consideration to Daggett County.

7 (l) WATER RIGHTS.—The Secretary of the Interior

8 shall transfer all water rights it holds that are applicable

9 to the Dutch John municipal water system to Daggett

10 County. Transfer of rights and water supply is contingent

11 upon Daggett County entering into a water service con12 tract with the Secretary of the Interior covering payment

13 for and delivery of untreated water to Daggett County

14 pursuant to the Colorado River Storage Act. Such con15 tract will require payment only for that water actually de16 livered. Existing rights and water supply for transfer to

17 Daggett County include, but may not be limited to both

18 of the following:

19 (1) Utah Water Right 41–2942 (A30557, Cert

20 #5903) for 0.08 cubic feet per second from a water

21 well; and

22 (2) Utah Water Right 41–3470 (A30414b), an

23 unapproved application to segregate 12,000 acre-feet

24 per year of water from the original approved Flam-
23

•HR 3486 IH

1 ing Gorge water right (41–2963) for municipal use

2 in the town of Dutch John and surrounding areas.

3 Such transfer of water rights is conditioned upon Daggett

4 County’s agreement to provide culinary water supplies to

5 United States Forest Service campgrounds currently

6 served by the water supply system and to United States

7 Forest Service and Bureau of Reclamation facilities at a

8 rate equivalent to other similar uses. The United States

9 Forest Service and the Secretary of the Interior shall be

10 responsible for maintenance of their water systems from

11 the point of their distribution lines.

12 (m) SHORELINE ACCESS.—Upon receipt of an ac13 ceptable application, the Secretary of Agriculture shall

14 consider issuance of a Special Use Permit affording Flam15 ing Gorge Reservoir public shoreline access and use within

16 the vicinity of Dutch John in conjunction with commercial

17 visitor facilities provided and maintained under such a

18 permit.

19 (n) REVENUES.—All revenues derived from the sale

20 of properties as authorized by this Act shall temporarily

21 be deposited in a segregated interest-bearing trust account

22 in the United States Treasury with the monies on hand

23 in the account paid to Daggett County semiannually to

24 be used by the County for purposes associated with the
24

•HR 3486 IH

1 provision of governmental and community services to the

2 community of Dutch John.

3 SEC. 9. VALID EXISTING RIGHTS.

4 Should any leases, permits, rights-of-way, easements,

5 or any other valid existing rights be appurtenant to prop6 erties conveyed to the County, the County shall honor and

7 enforce the rights, through a legal document agreed to and

8 executed by the County and the holder prior to the trans9 fer of said lands to the County. The County may extend

10 or terminate the agreement at the end of its term. During

11 such period as the County is enforcing a former federally

12 issued right through a legal agreement between the Coun13 ty and the permit holder, the County will collect and enjoy

14 the benefit of any revenues previously due the Federal

15 Government under the terms of the right. If the valid ex16 isting right has been extinguished or otherwise protected,

17 the County may dispose of the subject property.

18 SEC. 10. ENVIRONMENTAL CONSIDERATIONS AND WAIVERS

19 OF PUBLIC LAW.

20 (a) SENSITIVE RESOURCES.—The Secretary of Agri21 culture, acting through the United States Forest Service

22 in cooperation with the Secretary of the Interior, acting

23 through the Bureau of Reclamation and the United States

24 Fish and Wildlife Service, shall conduct threatened and

25 endangered species clearances, and other environmental
25

•HR 3486 IH

1 reviews, identify sensitive resources, and, if deemed nec2 essary by the Secretary of Agriculture and the Secretary

3 of the Interior, formulate mitigation strategies to mini4 mize potential effects to such resources on those lands to

5 be disposed. The Secretary of the Interior, the Secretary

6 of Agriculture, the State of Utah, and Daggett County

7 shall negotiate implementation of such strategies to pro8 tect sensitive resources in a manner which is consistent

9 with the purposes of this Act.

10 (b) CULTURAL RESOURCES.—Prior to transfer and

11 disposal of any lands upon which are found cultural re12 sources which may be eligible for recordation in the Na13 tional Register of Historic Places, the Secretary of Agri14 culture, in consultation with the Utah Office of Historic

15 Preservation and Daggett County, shall prepare a Memo16 randum of Agreement (MOA), for review and approval by

17 the Utah Office of Historical Preservation and the Na18 tional Advisory Council on Historic Preservation, which

19 shall set forth a strategy for clearance or protection of

20 cultural resources on affected lands. Until such time that

21 a Memorandum of Agreement has been approved, or until

22 lands are disposed as provided by this Act, the Secretary

23 of Agriculture shall act diligently in proceeding to provide

24 clearance or protection to such resources. For any cultural

25 resources for which protection, clearance, or other actions
26

•HR 3486 IH

1 identified in the Memorandum of Agreement have not

2 been completed at time of disposal, Daggett County shall

3 provide to the Secretary of Agriculture a written agree4 ment to complete such actions provided for in the Memo5 randum of Agreement.

6 (c) FLPMA.—Disposal, sale, and conveyance of

7 lands and property under this Act shall be completed not8 withstanding the provisions of sections 202 and 203, title

9 II, of the Federal Land Policy and Management Act of

10 1976 (43 U.S.C. 1712 and 1713) and other laws applica11 ble to the sale or disposal of Federal property.

12 (d) NEPA.—For purposes of compliance with the

13 National Environmental Policy Act of 1969 (42 U.S.C.

14 4332), the Secretary shall prepare an environmental as15 sessment regarding the disposal, sale, and conveyance of

16 lands and property under this Act .

17 SEC. 11. TRANSITION TO LOCAL GOVERNMENT CONTROL/

18 SERVICES AND FUNDING AUTHORIZATION.

19 (a) ASSISTANCE.—The Secretary of the Interior shall

20 provide training and transitional operating assistance to

21 personnel designated by Daggett County as successors to

22 the Secretary’s operators of those infrastructure systems

23 and facilities described under section 2(c). Such training

24 shall continue so long as necessary to demonstrate reason25 able capability to safely and efficiently operate systems,
27

•HR 3486 IH

1 but not to exceed 2 years. The Secretary shall remain

2 available to assist with resolving questions about systems’

3 original design and installation, operating and mainte4 nance needs, or other system issues.

5 (b) SOLID WASTE.—The Secretary of Agriculture, in

6 cooperation with the Secretary of the Interior and Daggett

7 County, shall design, construct, and prepare for operation

8 a community-use solid waste transfer point on lands noted

9 in section 2(d)(8) and section 8(c). The facility shall com10 ply with pertinent local, State, and Federal standards and

11 regulations, and upon completion, shall be conveyed with12 out consideration to Daggett County.

13 (c) ANNUAL GRANT.—An annual grant of $500,000,

14 adjusted annually corresponding to the Consumer Price

15 Index, shall be provided from the Upper Colorado River

16 Basin Fund to Daggett County and/or incorporated Dutch

17 John for a period not to exceed 15 years for the purposes

18 of defraying costs of transition in administration and pro19 vision of basic community services.

20 (d) DIVISION OF GRANT.—Should Dutch John be in21 corporated and become responsible for operating any of

22 the disposed infrastructure facilities or for providing other

23 basic local governmental services, the grant amount for

24 the year of incorporation and each succeeding year shall

25 be proportionately divided between Daggett County and
28

•HR 3486 IH

1 Dutch John Town based upon the costs in the previous

2 year in providing the respective governmental services.

3 (e) ENERGY.—The United States shall make avail4 able electric power and associated energy from the Colo5 rado River Storage Project for the Dutch John commu6 nity. The amount of energy available shall not exceed

7 1,000,000 Kwh per year. The rate for power and associ8 ated energy will be at the firm capacity and energy rates

9 of the Salt Lake City Area/Integrated Projects. Power and

10 energy provided to the industrial complexes of the Bureau

11 of Reclamation and the United States Forest Service shall

12 be at cost.

13 (f) RESOURCE RECOVERY AND MITIGATION.—Such

14 nonpower revenues are authorized to be appropriated to

15 the United States Forest Service as may be necessary for

16 implementation of habitat, sensitive resource, or cultural

17 resource recovery, mitigation, or replacement strategies,

18 but not to include acquisition of privately owned lands in

19 Daggett County, which may be developed as per section

20 10(a) of this Act.

21 (g) SOLID WASTE.—Such nonpower revenues are au22 thorized to be appropriated to the Secretary of Agriculture

23 as may be necessary for design, construction, and develop24 ment of a solid waste transfer point to serve the commu25 nity of Dutch John.
29

•HR 3486 IH

1 (h) AUTHORIZATION.—There is authorized to be ap2 propriated such other sums as may be necessary to carry

3 out the purposes of this Act.

Æ