I
105TH CONGRESS
1ST SESSION
H.R. 2108
To dispose of certain Federal properties located in Dutch John, Utah, and
to assist the local government in the interim delivery of basic services
to the Dutch John community, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 8, 1997
Mr. CANNON introduced the following bill; which was referred to the
Committee on Resources
A BILL
To dispose of certain Federal properties located in Dutch
John, Utah, and to assist the local government in the
interim delivery of basic services to the Dutch John
community, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Dutch John Federal Property Disposition and Assistance
Act of 1997’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Disposition of certain lands and properties.
Sec. 5. Revocation of withdrawals.
Sec. 6. Transfer of jurisdiction.
Sec. 7. Surveys.
Sec. 8. Planning.
Sec. 9. Appraisals.
Sec. 10. Disposal of properties.
Sec. 11. Valid existing rights.
Sec. 12. Cultural resources.
Sec. 13. Transition of services to local government control.
Sec. 14. Authorization of appropriations.
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 Rec-
lamation 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, ad-
ministrative offices, equipment storage and mainte-
nance buildings, and other public buildings and fa-
cilities) 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 bound-
aries of the Flaming Gorge National Recreation
from the Secretary of the Interior and the land on
which the homes are located;
(B) Daggett County, Utah, is interested in re-
ducing the financial burden the County experiences
in providing local government support services to a
community that produces little direct tax revenue be-
cause of Federal ownership; and
(C) a withdrawal of the role of the Federal Gov-
ernment in providing basic direct community serv-
ices 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 com-
mercial recreation services for visitors to the Flam-
ing Gorge National Recreation Area and Ashley Na-
tional Forest, there are opportunities for private eco-
nomic development, but few private lands are avail-
able for the services; and
(6) the privatization and disposal to local gov-
ernment 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 surround-
ing 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 PROP-
ERTIES.
(a) IN GENERAL.—Lands, structures, and commu-
nity infrastructure facilities within or associated with
Dutch John, Utah, that have been identified by the Sec-
retary of Agriculture or the Secretary of the Interior as
unnecessary for support of the agency of the respective
Secretary shall be transferred or disposed of in accordance
with this Act.
(b) LAND DESCRIPTION.—Except as provided in sub-
section (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 NW1⁄4 NW1⁄4,
S1⁄2 NW1⁄4, and S1⁄2 of Section 1, the S1⁄2 of Section 2,
10 acres more or less within the NE1⁄4 SW1⁄4 of Section
3, Sections 11 and 12, the N1⁄2 of Section 13, and the
E1⁄2 NE1⁄4 of Section 14 of Township 2 North, Range 22
East, Salt Lake Base and Meridian, that have been deter-
mined to be available for transfer by the Secretary of Agri-
culture and the Secretary of the Interior, respectively.
(c) INFRASTRUCTURE FACILITIES AND LAND.—Ex-
cept as provided in subsection (e), the Secretary of the
Interior shall dispose of (in accordance with this Act) com-
munity 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 la-
goons, water systems (except as provided in sub-
section (e)(3)), old post office, electrical and natural
gas distribution systems, hospital building, streets,
street lighting, alleys, sidewalks, parks, and commu-
nity 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 ap-
proximately 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 Sec-
retary 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 Agri-
culture and the Secretary of the Interior, respectively, in-
cluding 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 Wildlife Resources, as de-
scribed in the survey required under section 7, in-
cluding 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 mon-
itoring and remediation being shared by the Sec-
retary of Agriculture and the Secretary of the Inte-
rior proportionate to their historical use of the site.
(9) Such fixtures and furnishing 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 Sec-
retary of the Interior determines are not necessary
to achieve the mission of the respective 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 Pub-
lic 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
SECRETARY
OF
AGRI-
CULTURE.—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 Sec-
retary of Agriculture to the Secretary of the Interior
and, if appropriate, the United States Postal Serv-
ice; and
(2) removed from inclusion in the Ashley Na-
tional Forest and the Flaming Gorge National
Recreation Area.
(b) TRANSFERS FROM THE SECRETARY OF THE IN-
TERIOR.—
(1) IN GENERAL.—The Secretary of the Inte-
rior shall transfer to the Secretary of Agriculture
administrative jurisdiction over certain lands and in-
terests in land described in paragraph (2), contain-
ing approximately 2,167 acres located in Duchesne
and Wasatch Counties, Utah, acquired by the Sec-
retary of the Interior for the Central Utah Project
(and associated wildlife mitigation), and managed
and developed for wildlife mitigation purposes by the
Secretary of Agriculture under memoranda of agree-
ment between the Secretary of Agriculture and the
Secretary of the Interior.
(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 Res-
ervoir).
(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—
(i) 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 rules and regulations) applicable
to the National Forest System; and
(ii) continue to be managed and devel-
oped for the benefit of wildlife mitigation
in accordance with each memorandum of
agreement applicable to each tract of the
lands.
(C) ADJUSTMENT OF BOUNDARIES.—This
paragraph does not limit the authority of the
Secretary of Agriculture to adjust the bound-
aries 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.
460l9), the boundaries of the Ashley and Uinta Na-
tional 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 may transfer to the Secretary of Agriculture juris-
diction over Federal improvements to the lands trans-
ferred under subsection (b).
(d) TRANSFERS FROM THE SECRETARY OF AGRI-
CULTURE.—The Secretary of Agriculture shall transfer to
the United States Postal Service administrative jurisdic-
tion 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 nec-
essary—
(1) to accurately describe parcels identified
under this Act for transfer among agencies, for Fed-
eral disposal, or for retention by the United States;
and
(2) to facilitate future recordation of title.
SEC. 8. PLANNING.
The Secretary of Agriculture and the Secretary of the
Interior shall—
(1) recognize as an indication of potential fu-
ture land use the Daggett County Dutch John Com-
munity Plan, prepared in cooperation with the resi-
dents of Dutch John, the Secretary of Agriculture,
and the Secretary of the Interior; and
(2) cooperate with Daggett County in ensuring
that disposal processes are consistent with the Plan
and this Act.
SEC. 9. APPRAISALS.
(a) REQUIREMENTS.—
(1) IN
GENERAL.—Not later than 180 days
after the date of enactment of this Act, the Sec-
retary of the Interior shall conduct appraisals to de-
termine the fair market value of properties des-
ignated 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 Sec-
retary 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 Sec-
retary 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 no-
tice 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 oc-
cupied 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 resi-
dences, 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 sub-
section shall consider potential future uses of the
parcel that are consistent with the Daggett County
Dutch John Community Plan referred to in section
8(1), the land use map of the Plan, and 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 ap-
praisal of a residence or a structure or facility leased for
private use under this section shall deduct the contribu-
tory value of improvements made by the current occupant
or lessee if the occupant or lessee provides reasonable evi-
dence 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 uncer-
tain speculation as to potential future use.
(d) REVIEW.—
(1) IN GENERAL.—The Secretary of the Inte-
rior shall make an appraisal under this section avail-
able 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 INTE-
RIOR.—The Secretary of the Interior—
(i) shall consider the additional infor-
mation or appeal; and
(ii) may conduct a second appraisal if
the Secretary determines that a second ap-
praisal is necessary.
(e) INSPECTION.—The Secretary of the Interior shall
provide opportunities for other qualified, interested pur-
chasers 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 other-
wise 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 situ-
ated.
(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 prop-
erty is conveyed under this Act, the Secretary
of the Interior shall ensure reasonable and pru-
dent maintenance and proper care of the prop-
erty.
(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.—In-
frastructure facilities and land described in paragraphs
(1) and (2) of section 4(c) shall be conveyed, without con-
sideration, 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 resi-
dences, 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 Inte-
rior shall provide local general public notice,
and written notice to lessees and to current oc-
cupants of residences and of occupied residen-
tial lots for disposal, of the intent to sell prop-
erties under this Act.
(2) PURCHASE
OF
RESIDENCES
OR
LOTS
BY
LESSEES.—
(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary of the Interior shall
provide a holder of a current lease from the
Secretary for a residence to be sold under para-
graph (1) or (2) of section 4(d) or for a resi-
dential lot occupied by a privately owned dwell-
ing 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 mar-
ket value.
(B) NOTICE OF INTENT TO PURCHASE.—
To obtain the protection of subparagraph (A),
the lessee shall, during the 30-day period begin-
ning on the date of receipt of the notice re-
ferred to in subparagraph (A), notify the Sec-
retary in writing of the intent of the lessee to
purchase the residence or lot.
(C) NO
NOTICE
OR
PURCHASE
CON-
TRACT.—If no written notification of intent to
purchase is received by the Secretary in accord-
ance 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 be-
comes 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 cur-
rently residing in Dutch John; or
(iv) an employee of another Federal
agency supporting the mission of Dutch
John 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 rec-
lamation 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 high-
est priority provided for purchasers with
the longest continuous residency or lease.
(iii) INTERRUPTIONS.—If a continu-
ous residency or lease was interrupted, the
Secretary shall consider only that most re-
cent continuous residency or lease.
(iv) OTHER FACTORS.—In preparing
the priority list, the Secretary shall not
consider a factor (including agency employ-
ment 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 in-
volving eligibility or ranking on the priority
list with the Secretary of the Interior, act-
ing through the Upper Colorado Regional
Director of the Bureau of Reclamation.
The Secretary, acting through the Regional
Director, shall consider the appeal and re-
solve the dispute.
(C) NOTICE.—The Secretary of the Inte-
rior shall provide general public notice and writ-
ten notice by certified mail to eligible pur-
chasers 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 require-
ments.
(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 pur-
chase a specific available property at the listed
appraised fair market value.
(E) NOTICE OF ELIGIBILITY OF HIGHEST
ELIGIBLE
PURCHASER
TO
PURCHASE
PROP-
ERTY.—The Secretary of the Interior shall pro-
vide 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 pur-
chase 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
PROP-
ERTIES.—No household may purchase more
than 1 residential property under this para-
graph.
(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 Re-
gional Director of the Bureau of Reclamation, may
appoint a nonfunded Advisory Committee comprised
of 1 representative from each of the Bureau of Rec-
lamation, Daggett County, and the Dutch John com-
munity to review and provide advice to the Secretary
on the resolution of disputes arising under this sub-
section and subsection (f).
(6) FINANCING.—The Secretary of the Interior
shall provide advice to potential purchasers under
this subsection and subsection (f) in obtaining ap-
propriate and reasonable financing for the purchase
of a residence or lot.
(f) UNOCCUPIED PLATTED LOTS.—
(1) IN GENERAL.—Except as provided in para-
graph (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.
(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 consist-
ent with the Daggett County Dutch John Commu-
nity Plan.
(3) ADMINISTRATION.—The procedures estab-
lished under subsection (e) shall apply to this sub-
section to the maximum extent practicable, as deter-
mined by the Secretary of the Interior.
(4) LAND-USE
DESIGNATION.—For each lot
sold under this subsection, the Secretary of the Inte-
rior shall include in the notice of intent to sell the
lot provided under this subsection the land-use des-
ignation of the lot established under the Daggett
County Dutch John Community Plan.
(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 resi-
dence under this section may purchase an additional
single home, residential lot.
(7) RESIDUAL LOTS TO COUNTY.—If a lot de-
scribed in paragraph (1) is not purchased in accord-
ance 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 consider-
ation.
(g) SPECIAL USE PERMITS.—
(1) SALE.—Lands on which Forest Service spe-
cial 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 trans-
fer 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
PUR-
CHASE.—The Secretary of the Interior shall notify
the respective permit holders in writing of the avail-
ability 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 pur-
chase 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 In-
terior, 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 per-
mittee to land under permit on the date of en-
actment of this Act.
(6) RESIDUAL LAND TO COUNTY.—If land de-
scribed in paragraph (1) is not purchased in accord-
ance with paragraphs (1) through (5) 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 consider-
ation.
(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 author-
ization 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 mu-
tually satisfactory to the holder and the County.
(i) CHURCH LAND.—
(1) IN GENERAL.—The Secretary of the Inte-
rior 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 de-
scribed in paragraph (1) is not purchased in accord-
ance 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 consider-
ation.
(j) RESIDUAL PROPERTIES TO COUNTY.—The Sec-
retary 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 provi-
sions 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 pay-
ment 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 in-
clude—
(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 seg-
regate 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 cul-
inary water supplies to Forest Service campgrounds
served (on the date of enactment of this Act) by the
water supply system and to Forest Service and Bu-
reau of Reclamation facilities, at a rate equivalent to
other similar uses.
(5) MAINTENANCE.—The Secretary of Agri-
culture and the Secretary of the Interior shall be re-
sponsible 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 is-
suance of a special use permit affording Flaming Gorge
Reservoir public shoreline access and use within the vicin-
ity of Dutch John in conjunction with commercial visitor
facilities provided and maintained under such a permit.
(m) REVENUES.—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 gov-
ernmental and community services to the Dutch John
community.
SEC. 11. VALID EXISTING RIGHTS.
(a) AGREEMENTS.—
(1) IN GENERAL.—If any lease, permit, right-
of-way, easement, or other valid existing right is ap-
purtenant to land conveyed to Daggett County,
Utah, under this Act, the County shall honor and