3 months, or if a purchase contract has not been signed
within 6 months, the residence or lot shall become avail-
able for purchase by others under paragraph (3).
(3) Current authorized occupants of residences to be
sold, holders of a current reclamation lease for a residence
within Dutch John, employees of the Bureau of Reclama-
tion or the United States Forest Service currently residing
in Dutch John, or other Federal agency mission-support-
ing individuals residing in Dutch John are eligible to pur-
chase those resident properties which are not under rec-
lamation lease and are designated for disposal by sale or
those properties under paragraph (2) for which no intent
to purchase or purchase contract was received within the
established time period. Priority for purchase of properties
available for purchase under this subsection shall be by
seniority of reclamation lease or residency in Dutch John.
(A) The Secretary of the Interior shall compile
a priority list of eligible potential purchasers with
the household or agency with the longest continuous
residency or reclamation issued residence lease in
Dutch John first, followed by the household or agen-
cy with the next longest continuous residency or
lease and so on until all eligible purchasers are
ranked numerically by seniority. If residency or con-
tinuous lease was interrupted, only that most recent
continuous residency or lease shall be considered. No
factor, including agency employment or position,
other than length of current residency or lease will
be considered in preparing the priority list. Disputes
over eligibility or ranking on the priority list shall be
filed in writing with the Secretary of the Interior,
acting through the Upper Colorado Regional Direc-
tor of the Bureau of Reclamation who shall consider
such information or dispute and make a determina-
tion to resolve the dispute. The Regional Director is
authorized to appoint a nonfunded Advisory Com-
mittee comprised of one representative each from the
Bureau of Reclamation, Daggett County, and the
Dutch John community to review and provide advice
to him on resolution of disputes arising under sub-
sections (f) and (g).
(B) The Secretary of the Interior shall provide
general public notice and written notice by certified
mail to eligible purchasers listing properties available
for purchase under this subsection, their appraised
fair market value, instructions for potential eligible
purchasers, and any purchase contract requirements.
Eligible purchasers shall have 3 months after receipt
of written notification to submit to the Secretary of
the Interior a written notice of intent to purchase a
specific available property at the listed appraised
fair market value. The Secretary of the Interior
shall provide notice to the potential purchaser with
the highest eligible purchaser priority for each prop-
erty that it will have first opportunity to execute a
sales contract and purchase said property.
(C) Should no purchase contract be executed by
the highest priority purchaser within 6 months, the
property shall be put up for sale to those remaining
on the eligible purchaser priority list.
(D) No household may purchase more than one
residential property.
(E) The Secretary of the Interior shall provide
advice to potential purchasers under subsections (f)
and (g) in obtaining appropriate and reasonable fi-
nancing for residence or lot purchase.
(F) Those residence properties which are made
available for sale and for which a purchase contract
has not been signed within 2 years of the first intent
of sale notice will be conveyed without consideration
to Daggett County.
(g) UNOCCUPIED PLATTED LOTS.—Unoccupied plat-
ted lots as described in section 2(d)(4) shall be made avail-
able for sale to eligible purchasers for appraised fair mar-
ket value, except for lots which the Secretary of the Inte-
rior may convey, upon request from Daggett County, di-
rectly to the County without consideration and specifically
for public use purposes which are consistent with the
Dutch John Plan. For lots to be sold, procedures for eligi-
bility, priority, notification, notice of intent to purchase,
purchase contract execution, and reoffer for sale under
subsection (f) shall be applied. For each parcel, notifica-
tion will include the Dutch John Community Plan land-
use designation as referenced in section 6. No household
may purchase more than one residential lot. No household
purchasing an existing residence may purchase a ‘‘single
home, residential’’ lot. Those lots made available for sale
and for which no purchase contract has been signed within
2 years of first notice of intent to sell will be conveyed
without consideration to Daggett County.
(h) SPECIAL USE PERMITS.—Lands upon which
United States Forest Service special use permits are is-
sued to holders number 4054 and 9303, Ashley National
Forest, comprising 15.3 acres and 1 acre respectively, may
be sold at appraised fair market value to the holder of
the permit. The Secretary of the Interior shall notify the
respective permit holders in writing of the availability for
purchase of the subject property. Appraisals of the prop-
erties shall not be conducted until a written notice of in-
tent to purchase has been received by the Secretary of the
Interior within 2 years of notification, the land concerned
shall be conveyed without consideration to the County sub-
ject to execution of agreements as provided under sub-
section (i) and section 9. Upon request by permit holder
9303, the Secretary of the Interior, in consultation with
the County, may consider sale of a parcel within the town-
site of similar size and appraised value in lieu of the land
currently under permit and may provide the holder credit
toward purchase or other negotiated compensation for the
appraised value of permittee’s improvements to land cur-
rently under permit.
(i) TRANSFERS TO COUNTY.—Other lands occupied
by authorization of a United States Forest Service special
use permit, easement, or right-of-way shall be transferred
to the County, provided the holder of the authorization
and the County agree to and execute a legal document
that grants the holder the rights and privileges provided
in the existing United States Forest Service authorization
or as otherwise satisfactory to the holder and the County,
prior to transfer of said lands to the County.
(j) CHURCH.—Land upon which is located any estab-
lished church shall be sold at appraised fair market value
to the parent entity of that church. The Secretary of the
Interior shall notify the church in writing of the property’s
availability for purchase. Should no contract for sale be
received by the Secretary of the Interior within 2 years
of notification, the land shall be conveyed without consid-
eration to Daggett County.
(k) OTHER PROPERTIES.—All other lands, buildings,
or facilities designated for disposal will be conveyed with-
out consideration to Daggett County.
(l) WATER RIGHTS.—The Secretary of the Interior
shall transfer all water rights it holds that are applicable
to the Dutch John municipal water system to Daggett
County. Transfer of rights and water supply is contingent
upon Daggett County entering into a water service con-
tract with the Secretary of the Interior covering payment
for and delivery of untreated water to Daggett County
pursuant to the Colorado River Storage Act. Such con-
tract will require payment only for that water actually de-
livered. Existing rights and water supply for transfer to
Daggett County include, but may not be limited to both
of the following:
(1) Utah Water Right 41–2942 (A30557, Cert
#5903) for 0.08 cubic feet per second from a water
well; and
(2) Utah Water Right 41–3470 (A30414b), an
unapproved application to segregate 12,000 acre-feet
per year of water from the original approved Flam-
ing Gorge water right (41–2963) for municipal use
in the town of Dutch John and surrounding areas.
Such transfer of water rights is conditioned upon Daggett
County’s agreement to provide culinary water supplies to
United States Forest Service campgrounds currently
served by the water supply system and to United States
Forest Service and Bureau of Reclamation facilities at a
rate equivalent to other similar uses. The United States
Forest Service and the Secretary of the Interior shall be
responsible for maintenance of their water systems from
the point of their distribution lines.
(m) SHORELINE ACCESS.—Upon receipt of an ac-
ceptable application, the Secretary of Agriculture shall
consider issuance of a Special Use Permit affording Flam-
ing Gorge Reservoir public shoreline access and use within
the vicinity of Dutch John in conjunction with commercial
visitor facilities provided and maintained under such a
permit.
(n) 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 United States Treasury with the monies on hand
in the account paid to Daggett County semiannually to
be used by the County for purposes associated with the
provision of governmental and community services to the
community of Dutch John.
SEC. 9. VALID EXISTING RIGHTS.
Should any leases, permits, rights-of-way, easements,
or any other valid existing rights be appurtenant to prop-
erties conveyed to the County, the County shall honor and
enforce the rights, through a legal document agreed to and
executed by the County and the holder prior to the trans-
fer of said lands to the County. The County may extend
or terminate the agreement at the end of its term. During
such period as the County is enforcing a former federally
issued right through a legal agreement between the Coun-
ty and the permit holder, the County will collect and enjoy
the benefit of any revenues previously due the Federal
Government under the terms of the right. If the valid ex-
isting right has been extinguished or otherwise protected,
the County may dispose of the subject property.
SEC. 10. ENVIRONMENTAL CONSIDERATIONS AND WAIVERS
OF PUBLIC LAW.
(a) SENSITIVE RESOURCES.—The Secretary of Agri-
culture, acting through the United States Forest Service
in cooperation with the Secretary of the Interior, acting
through the Bureau of Reclamation and the United States
Fish and Wildlife Service, shall conduct threatened and
endangered species clearances, and other environmental
reviews, identify sensitive resources, and, if deemed nec-
essary by the Secretary of Agriculture and the Secretary
of the Interior, formulate mitigation strategies to mini-
mize potential effects to such resources on those lands to
be disposed. The Secretary of the Interior, the Secretary
of Agriculture, the State of Utah, and Daggett County
shall negotiate implementation of such strategies to pro-
tect sensitive resources in a manner which is consistent
with the purposes of this Act.
(b) CULTURAL RESOURCES.—Prior to transfer and
disposal of any lands upon which are found cultural re-
sources which may be eligible for recordation in the Na-
tional Register of Historic Places, the Secretary of Agri-
culture, in consultation with the Utah Office of Historic
Preservation and Daggett County, shall prepare a Memo-
randum of Agreement (MOA), for review and approval by
the Utah Office of Historical Preservation and the Na-
tional Advisory Council on Historic Preservation, which
shall set forth a strategy for clearance or protection of
cultural resources on affected lands. Until such time that
a Memorandum of Agreement has been approved, or until
lands are disposed as provided by this Act, the Secretary
of Agriculture shall act diligently in proceeding to provide
clearance or protection to such resources. For any cultural
resources for which protection, clearance, or other actions
identified in the Memorandum of Agreement have not
been completed at time of disposal, Daggett County shall
provide to the Secretary of Agriculture a written agree-
ment to complete such actions provided for in the Memo-
randum of Agreement.
(c) FLPMA.—Disposal, sale, and conveyance of
lands and property under this Act shall be completed not-
withstanding the provisions of sections 202 and 203, title
II, of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1712 and 1713) and other laws applica-
ble to the sale or disposal of Federal property.
(d) NEPA.—For purposes of compliance with the
National Environmental Policy Act of 1969 (42 U.S.C.
4332), the Secretary shall prepare an environmental as-
sessment regarding the disposal, sale, and conveyance of
lands and property under this Act .
SEC. 11. TRANSITION TO LOCAL GOVERNMENT CONTROL/
SERVICES AND FUNDING AUTHORIZATION.
(a) ASSISTANCE.—The Secretary of the Interior shall
provide training and transitional operating assistance to
personnel designated by Daggett County as successors to
the Secretary’s operators of those infrastructure systems
and facilities described under section 2(c). Such training
shall continue so long as necessary to demonstrate reason-
able capability to safely and efficiently operate systems,
but not to exceed 2 years. The Secretary shall remain
available to assist with resolving questions about systems’
original design and installation, operating and mainte-
nance needs, or other system issues.
(b) SOLID WASTE.—The Secretary of Agriculture, in
cooperation with the Secretary of the Interior and Daggett
County, shall design, construct, and prepare for operation
a community-use solid waste transfer point on lands noted
in section 2(d)(8) and section 8(c). The facility shall com-
ply with pertinent local, State, and Federal standards and
regulations, and upon completion, shall be conveyed with-
out consideration to Daggett County.
(c) ANNUAL GRANT.—An annual grant of $500,000,
adjusted annually corresponding to the Consumer Price
Index, shall be provided from the Upper Colorado River
Basin Fund to Daggett County and/or incorporated Dutch
John for a period not to exceed 15 years for the purposes
of defraying costs of transition in administration and pro-
vision of basic community services.
(d) DIVISION OF GRANT.—Should Dutch John be in-
corporated and become responsible for operating any of
the disposed infrastructure facilities or for providing other
basic local governmental services, the grant amount for
the year of incorporation and each succeeding year shall
be proportionately divided between Daggett County and