Union Calendar No. 410
105TH CONGRESS
2D SESSION
H. R. 2108
[Report No. 105–714]
A BILL
To dispose of certain Federal properties located in
Dutch John, Utah, and to assist the local govern-
ment in the interim delivery of basic services to
the Dutch John community, and for other pur-
poses.
SEPTEMBER 15, 1998
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 410
105TH CONGRESS
2D SESSION
H. R. 2108
[Report No. 105–714]
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
SEPTEMBER 15, 1998
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 July 8, 1997]
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 1998’’.
(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. Transfers 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 con-
struction 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 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 Sec-
retary of Agriculture and provided that lands and
waters needed or used for the Colorado River Storage
Project would continue to be administered by the Sec-
retary of the Interior; and
(C) most structures within the Dutch John com-
munity (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 Sec-
retary of the Interior are unnecessarily burdened with
the cost of continuing to provide basic services and fa-
cilities and building maintenance and with the ad-
ministrative costs of operating the Dutch John com-
munity; and
(B) certain structures and lands are no longer
essential to management of the Colorado River Stor-
age 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 re-
ducing the financial burden the County experiences in
providing local government support services to a com-
munity that produces little direct tax revenue because
of Federal ownership; and
(C) a withdrawal of the role of the Federal Gov-
ernment in providing basic direct community services
to Dutch John would require local government to pro-
vide 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 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 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 Ag-
riculture, acting through the Chief of the Forest Serv-
ice.
(2) SECRETARY OF THE INTERIOR.—The term
‘‘Secretary of the Interior’’ means the Secretary of the
Interior, acting through the Commissioner of the Bu-
reau 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 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 determined to be avail-
able 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 la-
goons, water systems (except as provided in subsection
(e)(3)), old post office, electrical and natural gas dis-
tribution systems, hospital building, streets, street
lighting, alleys, sidewalks, parks, and community
buildings located within or serving Dutch John, in-
cluding fixtures, equipment, land, easements, rights-
of-way, or other property primarily used for the oper-
ation, maintenance, replacement, or repair of a facil-
ity 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, sub-
ject 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 Agriculture and the
Secretary of the Interior, respectively, including the follow-
ing:
(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 agree-
ments 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, ease-
ments, 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 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 Ag-
riculture and the Secretary of the Interior propor-
tionate 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 Sec-
retary of Agriculture, and the Secretary of the Inte-
rior 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 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 Ag-
riculture 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 follow-
ing:
(1) All buildings and improvements located
within the industrial complex of the Bureau of Rec-
lamation, including the maintenance shop, 40 indus-
trial 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 Agri-
culture, of which—
(A) 15 residences shall remain under the ju-
risdiction of the Secretary of the Interior; and
(B) 2 residences shall remain under the ju-
risdiction 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 fa-
cilities to be operated and maintained by the United
States with pumping costs and operation and mainte-
nance 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, con-
sisting 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 associ-
ated real estate, which shall remain under the juris-
diction 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).
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 Oc-
tober 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 de-
scribed in section 4(b).
(5) The Dutch John Administrative Site, dated
December 12, 1951 (PLO 769, U–0611).
SEC. 6. TRANSFERS OF JURISDICTION.
(a) TRANSFERS FROM
THE 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 Service;
and
(2) removed from inclusion in the Ashley Na-
tional Forest and the Flaming Gorge National Recre-
ation Area.
(b) EXCHANGE OF JURISDICTION BETWEEN INTERIOR
AND AGRICULTURE.—
(1) 
TRANSFER
TO
SECRETARY
OF
AGRI-
CULTURE.—The Secretary of the Interior shall trans-
fer to the Secretary of Agriculture administrative ju-
risdiction over certain lands and interests in lands,
consisting of approximately 2,167 acres in Duchesne
and Wasatch Counties, Utah, which were acquired by
the Secretary of the Interior for the Central Utah
Project, as depicted on the following maps:
(A) The map entitled ‘‘The Dutch John
Townsite, Ashley National Forest, Lower Still-
water’’, dated February 1997.
(B) The map entitled ‘‘The Dutch John
Townsite, Ashley National Forest, Red Hollow
(Diamond Properties)’’, dated February 1997.
(C) The map entitled ‘‘The Dutch John
Townsite, Ashley National Forest, Coal Hollow
(Current Creek Reservoir)’’, dated February
1997.
(2) TRANSFER
TO
SECRETARY
OF
THE
INTE-
RIOR.—The Secretary of Agriculture shall transfer to
the Secretary of the Interior administrative jurisdic-
tion over certain lands and interests in lands, consist-
ing of approximately 2,450 acres in the Ashley Na-
tional Forest, as depicted on the map entitled ‘‘Ashley
National Forest, Lands to be Transferred to the Bu-
reau of Reclamation (BOR) from the Forest Service’’,
dated February 1997.
(3) EFFECT OF EXCHANGE.—
(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 boundaries of each of the Na-
tional Forests are hereby adjusted as appropriate
to reflect the transfers of administrative jurisdic-
tion.
(B) MANAGEMENT.—The Secretary of Agri-
culture shall manage the lands and interests in
land transferred to the Secretary of Agriculture
under paragraph (1) 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.
(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 (com-
monly 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 For-
ests, 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 juris-
diction over Federal improvements on the lands transferred
to the Secretary of Agriculture under this section.
(d) TRANSFER TO UNITED STATES POSTAL SERV-
ICE.—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 approxi-
mately 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.
(a) RESPONSIBILITY.—In cooperation with the resi-
dents 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) REQUIREMENTS.—
(1) IN GENERAL.—Not later than 180 days after
the date of enactment of this Act, the Secretary of the
Interior shall 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 In-
terior 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 sec-
tion 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 occu-
pied parcel, an appraisal under this subsection shall
include an appraisal of the full fee value of the occu-
pied 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