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Union Calendar No. 559

106TH CONGRESS

2D SESSION H. R. 4721

[Report No. 106–928]

To provide for all right, title, and interest in and to certain property in

Washington County, Utah, to be vested in the United States.

IN THE HOUSE OF REPRESENTATIVES

JUNE 22, 2000

Mr. HANSEN introduced the following bill; which was referred to the

Committee on Resources

OCTOBER 3, 2000

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on June 22, 2000]

A BILL

To provide for all right, title, and interest in and to certain

property in Washington County, Utah, to be vested in

the United States.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

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1 SECTION 1. ACQUISITION OF CERTAIN PROPERTY IN WASH2 INGTON COUNTY, UTAH.

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of law, effective 30 days after the date of the enactment

5 of this Act, all right, title, and interest in and to, and the

6 right to immediate possession of, the 1,516 acres of real

7 property owned by the Environmental Land Technology,

8 Ltd. (ELT) within the Red Cliffs Reserve in Washington

9 County, Utah, and the 34 acres of real property owned by

10 ELT which is adjacent to the land within the Reserve but

11 is landlocked as a result of the creation of the Reserve, is

12 hereby vested in the United States.

13 (b) COMPENSATION FOR PROPERTY.—Subject to sec14 tion 309(f) of the Omnibus Parks and Public Lands Man15 agement Act of 1996 (Public Law 104–333), the United

16 States shall pay just compensation to the owner of any real

17 property taken pursuant to this section, determined as of

18 the date of the enactment of this Act. An initial payment

19 of $15,000,000 shall be made to the owner of such real prop20 erty not later than 30 days after the date of taking. The

21 full faith and credit of the United States is hereby pledged

22 to the payment of any judgment entered against the United

23 States with respect to the taking of such property. Payment

24 shall be in the amount of—

25 (1) the appraised value of such real property as

26 agreed to by the land owner and the United States,
3

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1 plus interest from the date of the enactment of this

2 Act; or

3 (2) the valuation of such real property awarded

4 by judgment, plus interest from the date of the enact5 ment of this Act, reasonable costs and expenses of

6 holding such property from February 1990 to the date

7 of final payment, including damages, if any, and rea8 sonable costs and attorneys fees, as determined by the

9 court. Payment shall be made from the permanent

10 judgment appropriation established pursuant to sec11 tion 1304 of title 31, United States Code, or from an12 other appropriate Federal Government fund.

13 Interest under this subsection shall be compounded in the

14 same manner as provided for in section 1(b)(2)(B) of the

15 Act of April 17, 1954, (Chapter 153; 16 U.S.C.

16 429b(b)(2)(B)) except that the reference in that provision

17 to ‘‘the date of the enactment of the Manassas National Bat18 tlefield Park Amendments of 1988’’ shall be deemed to be

19 a reference to the date of the enactment of this Act.

20 (c) DETERMINATION BY COURT IN LIEU OF NEGO21 TIATED SETTLEMENT.—In the absence of a negotiated set22 tlement, or an action by the owner, the Secretary of the

23 Interior shall initiate within 90 days after the date of the

24 enactment of this section a proceeding in the United States

25 Federal District Court for the District of Utah, seeking a
4

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1 determination, subject to section 309(f) of the Omnibus

2 Parks and Public Lands Management Act of 1996 (Public

3 Law 104–333), of the value of the real property, reasonable

4 costs and expenses of holding such property from February

5 1990 to the date of final payment, including damages, if

6 any, and reasonable costs and attorneys fees.

Union Calendar No. 559

106TH CONGRESS

2D SESSION H. R. 4721

[Report No. 106–928]

A BILL

To provide for all right, title, and interest in and

to certain property in Washington County, Utah,to be vested in the United States.

OCTOBER 3, 2000

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union,

and ordered to be printed