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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2056 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2056

To authorize the Secretary of the Interior to convey certain interests 
  in Federal land acquired for the Scofield Project in Carbon County, 
                                 Utah.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 1, 2012

  Mr. Hatch (for himself and Mr. Lee) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
To authorize the Secretary of the Interior to convey certain interests 
  in Federal land acquired for the Scofield Project in Carbon County, 
                                 Utah.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Scofield Land Transfer Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Claimant.--The term ``claimant'' means any person or 
        entity that, according to the records in the office of the 
        Recorder for Carbon County, Utah, as of the date of enactment 
        of this Act, claims title to, or an interest in, the Federal 
        land.
            (2) Federal land.--The term ``Federal land'' means the land 
        acquired by Price River Water Conservation District and 
        transferred to the United States for use in the construction 
        and operation of Scofield Dam and Reservoir located between the 
        normal water surface elevation and the property boundary 
        elevation in the Scofield Reservoir basin.
            (3) Flood surcharge elevation.--The term ``flood surcharge 
        elevation'' means the elevation of 7640.3 in the North American 
        Vertical Datum of 1988, which corresponds to the elevation of 
        the crest of Scofield Dam.
            (4) Fund.--The term ``Fund'' means the Scofield Reservoir 
        Fund established by section 3(b)(7)(A).
            (5) Life estate.--The term ``life estate'' means an 
        interest of the claimant in the Federal land that will revert 
        to the United States on the date of the death of the claimant.
            (6) Normal water surface elevation.--The term ``normal 
        water surface elevation'' means the contour elevation of 7621.8 
        in the North American Vertical Datum of 1988, which corresponds 
        to the elevation of the lip of the spillway of Scofield Dam.
            (7) Property boundary elevation.--The term ``property 
        boundary elevation'' means the contour elevation 7630, as 
        surveyed by McGonagle and Ulrich, Land Surveyors, in 1926, 
        which was transmuted to the current elevation of 7638.9 in the 
        North American Vertical Datum of 1988 and which corresponds to 
        1.4 vertical feet below the crest of Scofield Dam.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. CONVEYANCE OF SCOFIELD PROJECT LAND.

    (a) Survey; Notification.--As soon as practicable after the date of 
enactment of this Act, the Secretary shall--
            (1) complete a full physical and title survey of the 
        Federal land and any other related land in and around the 
        Scofield Reservoir Basin; and
            (2) attempt to notify each of the claimants of the trespass 
        or encroachment on the Federal land by the applicable claimant, 
        including the existence of any trespassing or encroaching 
        structures of the claimant.
    (b) Authorization To Convey Federal Land.--
            (1) In general.--To resolve the issues of trespass and 
        encroachment on the Federal land by the claimants, the 
        Secretary may, on election by the claimant in accordance with 
        paragraph (5)--
                    (A) convey to a claimant fee interest in the 
                claimed portion of the Federal land that is located 
                above the normal water surface elevation, subject to 
                paragraph (2); or
                    (B) grant to a claimant a life estate permitting 
                the continued occupation of the claimed portion of the 
                Federal land above the normal water surface elevation, 
                subject to paragraph (3).
            (2) Conveyance requirements.--A conveyance under paragraph 
        (1)(A) shall be subject to--
                    (A) the claimant paying to the Secretary the fair 
                market value of the fee interest in the claimed portion 
                of the Federal land, exclusive of the value of any 
                permanent structures;
                    (B) the United States retaining a flood easement 
                over the entire portion of Federal land conveyed; and
                    (C) deed restrictions requiring that--
                            (i) to prevent any structure on the portion 
                        of the Federal land conveyed from being 
                        displaced during a flood event, the claimant--
                                    (I) secure or tie down the 
                                structure;
                                    (II) rebuild the structure with the 
                                same footprint as the original 
                                structure; or
                                    (III) repair the structure; and
                            (ii) all activities carried out by the 
                        claimant under clause (i) with respect to a 
                        structure be carried out in accordance with--
                                    (I) the International Building Code 
                                (as adopted by Utah Administrative Code 
                                R156-56); or
                                    (II) any other building code or 
                                engineering standard that is--
                                            (aa) similar to the 
                                        International Building Code;
                                            (bb) widely used; and
                                            (cc) nationally recognized.
            (3) Life estate requirements.--A life estate granted under 
        paragraph (1)(B) shall be subject to--
                    (A) the claimant paying to the Secretary the fair 
                market value of the life estate on the claimed portion 
                of the Federal land;
                    (B) provisions under which the claimant agrees to 
                hold the United States harmless for all claims arising 
                from the design, construction, operation, or 
                replacement of Scofield Dam and Reservoir; and
                    (C) provisions requiring the claimant to secure or 
                tie down all structures on the portion of Federal land 
                conveyed to prevent the structures from being displaced 
                during a flood event in accordance with a code 
                described in clause (i) or (ii) of paragraph (2)(C).
            (4) Compliance with environmental laws.--
                    (A) In general.--Before conveying the Federal land 
                under paragraph (1)(A) or granting a life estate under 
                paragraph (1)(B), the Secretary shall comply with all 
                applicable requirements under--
                            (i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.);
                            (ii) the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.); and
                            (iii) any other applicable law.
                    (B) Effect.--Nothing in this Act modifies or alters 
                any obligations under--
                            (i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.); or
                            (ii) the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.).
            (5) Deadline for election.--Not later than 5 years after 
        the date of enactment of this Act, each of the claimants shall 
        notify the Secretary in writing of whether the claimant opts to 
        receive--
                    (A) a fee interest in the claimed portion of the 
                Federal land, in accordance with paragraph (1)(A); or
                    (B) a life estate in the claimed portion of the 
                Federal land, in accordance with paragraph (1)(B).
            (6) Failure to notify secretary.--
                    (A) In general.--If a claimant fails to submit to 
                the Secretary a notice of an election in accordance 
                with paragraph (5), any future claim by the claimant 
                with respect to the Federal land shall be extinguished.
                    (B) Quiet title.--On extinguishment of the claim 
                under subparagraph (A), the Secretary shall take such 
                action as is necessary to quiet title to the applicable 
                portion of the Federal land, including removal of 
                persons, entities, structures, and materials 
                encumbering the applicable portion of the Federal land.
            (7) Trust fund.--
                    (A) Establishment.--There is established in the 
                Treasury of the United States a fund to be known as the 
                ``Scofield Reservoir Fund'', to be administered by the 
                Secretary and to be available, without fiscal year 
                limitation, for providing enhanced recreation 
                opportunities at Scofield Reservoir.
                    (B) Transfers to fund.--There shall be deposited in 
                the Fund any amounts received as consideration for a 
                conveyance under paragraph (2)(A) or a granting of a 
                life estate under paragraph (3)(A).

SEC. 4. REPORT.

    Not later than 3 years after the date of enactment of this Act, the 
Secretary shall submit to Congress a report that--
            (1) describes the status of any activities authorized under 
        this Act;
            (2) describes any obstacles to completing any outstanding 
        transfers of title or grants of life estates;
            (3) specifies an anticipated date for completion of any 
        outstanding transfers of title or grants of life estates; and
            (4) describes efforts to quiet title to any portion of the 
        Federal land to which a claimant did not submit an election 
        under section 3(b)(5).
                                 <all>
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