380
retary of the Interior (if applicable) or conveyance by quit-
claim 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 1204(b).
(5) The Dutch John Administrative Site, dated
December 12, 1951 (PLO 769, U–0611).
SEC. 1206. TRANSFERS OF JURISDICTION.
(a) TRANSFERS FROM THE SECRETARY OF AGRI-
CULTURE.—Except for properties retained under section
1204(e), all lands designated under section 1204 for dis-
posal 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
381
(2) removed from inclusion in the Ashley Na-
tional Forest and the Flaming Gorge National
Recreation Area.
(b) EXCHANGE OF JURISDICTION BETWEEN INTE-
RIOR AND AGRICULTURE.—
(1) TRANSFER
TO
SECRETARY
OF
AGRI-
CULTURE.—The Secretary of the Interior shall
transfer to the Secretary of Agriculture administra-
tive jurisdiction 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.
382
(2) TRANSFER TO SECRETARY OF THE INTE-
RIOR.—The Secretary of Agriculture shall transfer
to the Secretary of the Interior administrative juris-
diction over certain lands and interests in lands,
consisting of approximately 2,450 acres in the Ash-
ley National Forest, as depicted on the map entitled
‘‘Ashley National Forest, Lands to be Transferred
to the Bureau of Reclamation (BOR) from the For-
est 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 appro-
priate to reflect the transfers of administrative
jurisdiction.
(B) MANAGEMENT.—The Secretary of Ag-
riculture shall manage the lands and interests
in land transferred to the Secretary of Agri-
culture 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 (includ-
383
ing rules and regulations) applicable to the Na-
tional 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 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.
460l–9), the boundaries of the Ashley and Uinta
National Forests, as adjusted under this section,
shall be considered to be the boundaries of the For-
ests as of January 1, 1965.
(c) FEDERAL IMPROVEMENTS.—The Secretary of the
Interior shall transfer to the Secretary of Agriculture ju-
risdiction over Federal improvements on the lands trans-
ferred to the Secretary of Agriculture under this section.
384
(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
title shall continue to be withdrawn from mineral entry
under the United States mining laws.
SEC. 1207. 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 title for transfer among agencies, for
Federal disposal, or for retention by the United
States; and
(2) to facilitate future recordation of title.
SEC. 1208. 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 con-
sistent with maintenance of the values of the land that
385
is adjacent to land that remains under the jurisdiction of
the Secretary of Agriculture or Secretary of the Interior
under this title.
(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 sub-
section (a) and with this title.
SEC. 1209. 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 1204(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 1204(d)(4), the
Secretary of the Interior shall conduct an appraisal
of the lot.
(3) SPECIAL USE PERMITS.—
386
(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 1210(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 land use plan de-
veloped under section 1208(a) (including the land
use map of the plan) and with subsection (c).
387
(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,
388
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. 1210. DISPOSAL OF PROPERTIES.
(a) CONVEYANCES.—
(1) PATENTS.—The Secretary of the Interior
shall dispose of properties identified for disposal
under section 1204, other than properties retained
under section 1204(e), without regard to law govern-
ing patents.
(2) CONDITION AND LAND.—Except as other-
wise provided in this title, conveyance of a building,
structure, or facility under this title shall be in its
current condition and shall include the land parcel
on which the building, structure, or facility is situ-
ated.
389
(3) FIXTURES AND FURNISHINGS.—An existing
and in-place fixture or furnishing necessary for the
full use of a property or facility under this title shall
be conveyed along with the property.
(4) MAINTENANCE.—
(A) BEFORE CONVEYANCE.—Before prop-
erty is conveyed under this title, 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 title, 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 1204(c) shall be conveyed, without
consideration, to Daggett County, Utah.
(c) SCHOOL.—The lands on which are located the
Dutch John public schools described in section 1204(c)(3)
shall be conveyed, without consideration, to the Daggett
County School District.
390
(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 1204(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 title 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 title.
(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 1204(d) or for a res-
idential lot occupied by a privately owned dwell-
391
ing described in section 1204(d)(3) a period of
180 days beginning on the date of the written
notice of the Secretary of intent of the Sec-
retary 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 market 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.—
392
(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 who re-
sides in Dutch John; or
(iv) a Federal or non-Federal em-
ployee in support of a Federal agency 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
393
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—
394
(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
395
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 title 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).
396
(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
1204(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 land use plan developed under section
1208(a).
(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
397
lot provided under this subsection the land-use des-
ignation of the lot established under the land use
plan developed under section 1208(a).
(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.
398
(2) ADMINISTRATION OF PERMITS.—On trans-
fer of jurisdiction of the land to the Secretary of the
Interior pursuant to section 1206, 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-
399
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 title 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 title on which is located an established church
400
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 title 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.—
401
(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
402
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
issuance 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.—
(1) IN GENERAL.—Except as provided in para-
graph (2), all revenues derived from the sale of
properties as authorized by this title shall tempo-
rarily be deposited in a segregated interest-bearing
trust account in the Treasury with the moneys on
hand in the account paid to Daggett County semi-
annually to be used by the County for purposes as-
403
sociated with the provision of governmental and
community services to the Dutch John community.
(2) DEPOSIT IN THE GENERAL FUND.—Of the
revenues described in paragraph (1), 15.1 percent
shall be deposited in the general fund of the Treas-
ury.
SEC. 1211. 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 title, the County shall honor and
enforce the right through a legal agreement entered
into by the County and the holder before the date
of conveyance.
(2) EXTENSION OR TERMINATION.—The Coun-
ty may extend or terminate an agreement under
paragraph (1) at the end of the term of the agree-
ment.
(b) USE OF REVENUES.—During such period as the
County is enforcing a right described in subsection (a)(1)
through a legal agreement between the County and the
holder of the right under subsection (a), the County shall
collect and retain any revenues due the Federal Govern-
ment under the terms of the right.
404
(c) EXTINGUISHMENT OF RIGHTS.—If a right de-
scribed in subsection (a)(1) with respect to certain land
has been extinguished or otherwise protected, the County
may dispose of the land.
SEC. 1212. CULTURAL RESOURCES.
(a) MEMORANDA OF AGREEMENT.—Before transfer
and disposal under this title of any land that contains cul-
tural resources and that may be eligible for listing on the
National Register of Historic Places, the Secretary of Ag-
riculture, in consultation with the Secretary of the Inte-
rior, the Utah Historic Preservation Office, and Daggett
County, Utah, shall prepare a memorandum of agreement,
for review and approval by the Utah Office of Historical
Preservation and the Advisory Council on Historic Preser-
vation established by title II of the National Historic Pres-
ervation Act (16 U.S.C. 470i et seq.), that contains a
strategy for protecting or mitigating adverse effects on
cultural resources on the land.
(b) INTERIM PROTECTION.—Until such time as a
memorandum of agreement has been approved, or until
lands are disposed of under this title, the Secretary of Ag-
riculture shall provide clearance or protection for the re-
sources.
(c) TRANSFER SUBJECT TO AGREEMENT.—On com-
pletion of actions required under the memorandum of
405
agreement for certain land, the Secretary of the Interior
shall provide for the conveyance of the land to Daggett
County, Utah, subject to the memorandum of agreement.
SEC. 1213. TRANSITION OF SERVICES TO LOCAL GOVERN-
MENT CONTROL.
(a) ASSISTANCE.—
(1) IN GENERAL.—The Secretary of the Inte-
rior shall provide training and transitional operating
assistance to personnel designated by Daggett Coun-
ty, Utah, as successors to the operators for the Sec-
retary of the infrastructure facilities described in
section 1204(c).
(2) DURATION OF TRAINING.—With respect to
an infrastructure facility, training under paragraph
(1) shall continue for such period as is necessary for
the designated personnel to demonstrate reasonable
capability to safely and efficiently operate the facil-
ity, but not to exceed 2 years.
(3) CONTINUING ASSISTANCE.—The Secretary
shall remain available to assist with resolving ques-
tions about the original design and installation, op-
erating and maintenance needs, or other aspects of
the infrastructure facilities.
(b) TRANSITION COSTS.—For the purpose of defray-
ing costs of transition in administration and provision of
406
basic community services, an annual payment of $300,000
(as adjusted by the Secretary for changes in the Consumer
Price Index for all-urban consumers published by the De-
partment of Labor) shall be provided from the Upper Col-
orado River Basin Fund authorized by section 5 of the
Act of April 11, 1956 (70 Stat. 107, chapter 203; 43
U.S.C. 620d), to Daggett County, Utah, or, in accordance
with subsection (c), to Dutch John, Utah, for a period
not to exceed 15 years beginning the first January 1 that
occurs after the date of enactment of this Act.
(c) DIVISION OF PAYMENT.—If Dutch John becomes
incorporated and become responsible for operating any of
the infrastructure facilities referred to in subsection (a)(1)
or for providing other basic local governmental services,
the payment amount for the year of incorporation and
each following year shall be proportionately divided be-
tween Daggett County and Dutch John based on the re-
spective costs paid by each government for the previous
year to provide the services.
(d) ELECTRIC POWER.—
(1) AVAILABILITY.—The United States shall
make available electric power and associated energy
from the Colorado River Storage Project for the
Dutch John community.
407
(2) AMOUNT.—The amount of electric power
and associated energy made available under para-
graph (1) shall not exceed 1,000,000 kilowatt-hours
per year.
(3) RATES.—The rates for power and associ-
ated energy shall be the firm capacity and energy
rates of the Salt Lake City Area/Integrated Projects.
SEC. 1214. AUTHORIZATION OF APPROPRIATIONS.
(a) RESOURCE RECOVERY AND MITIGATION.—There
are authorized to be appropriated to the Secretary of Agri-
culture, out of nonpower revenues to the Federal Govern-
ment from land transferred under this title, such sums
as are necessary to implement such habitat, sensitive re-
source, or cultural resource recovery, mitigation, or re-
placement strategies as are developed with respect to land
transferred under this title, except that the strategies may
not include acquisition of privately owned lands in Daggett
County.
(b) OTHER SUMS.—In addition to sums made avail-
able under subsection (a), there are authorized to be ap-
propriated such sums as are necessary to carry out this
title.
408
TITLE 
XIII—RECLAMATION
PROJECT CONVEYANCES AND
MISCELLANEOUS 
PROVI-
SIONS
Subtitle A—Sly Park Dam and
Reservoir, California
SEC. 1311. SHORT TITLE.
This subtitle may be cited as the ‘‘Sly Park Unit Con-
veyance Act’’.
SEC. 1312. DEFINITIONS.
For purposes of this subtitle:
(1) The term ‘‘District’’ means the El Dorado
Irrigation District, a political subdivision of the
State of California that has its principal place of
business in the city of Placerville, El Dorado Coun-
ty, California.
(2) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(3) The term ‘‘Project’’ means all of the right,
title, and interest in and to the Sly Park Dam and
Reservoir, Camp Creek Diversion Dam and Tunnel,
and conduits and canals held by the United States
pursuant to or related to the authorization in the
Act entitled ‘‘An Act to authorize the American
River Basin Development, California, for irrigation
409
and reclamation, and for other purposes’’, approved
October 14, 1949 (63 Stat. 852 chapter 690);
SEC. 1313. CONVEYANCE OF PROJECT.
(a) IN GENERAL.—In consideration of the District
accepting the obligations of the Federal Government for
the Project and subject to the payment by the District
of the net present value of the remaining repayment obli-
gation, as determined by Office of Management and Budg-
et Circular A–129 (in effect on the date of enactment of
this Act), the Secretary shall convey the Project to the
District.
(b) DEADLINE.—
(1) IN GENERAL.—If no changes in Project op-
erations are expected following the conveyance under
subsection (a), the Secretary shall complete the con-
veyance expeditiously, but not later than 180 days
after the date of the enactment of this Act.
(2) DEADLINE IF CHANGES IN OPERATIONS IN-
TENDED.—If the District intends to change Project
operations as a result of the conveyance under sub-
section (a), the Secretary—
(A) shall take into account those potential
changes for the purpose of completing any re-
quired environmental evaluation associated with
the conveyance; and
410
(B) shall complete the conveyance by not
later than 2 years after the date of the enact-
ment of this Act.
(3) 
ADMINISTRATIVE
COSTS
OF
CONVEY-
ANCE.—If the Secretary fails to complete the con-
veyance under this subtitle before the applicable
deadline under paragraph (1) or (2), the full cost of
administrative action and environmental compliance
for the conveyance shall be borne by the Secretary.
If the Secretary completes the conveyance before
that deadline, 1⁄2 of such cost shall be paid by the
District.
SEC. 1314. RELATIONSHIP TO EXISTING OPERATIONS.
(a) IN GENERAL.—Nothing in this subtitle shall be
construed as significantly expanding or otherwise chang-
ing the use or operation of the Project from its current
use and operation.
(b) FUTURE ALTERATIONS.—If the District alters
the operations or uses of the Project it shall comply with
all applicable laws or regulations governing such changes
at that time (subject to section 1315).
SEC. 1315. RELATIONSHIP TO CERTAIN CONTRACT OBLIGA-
TIONS.
(a) PAYMENT OBLIGATIONS NOT AFFECTED.—The
conveyance of the Project under this subtitle does not af-
411
fect the payment obligations of the District under the con-
tract between the District and the Secretary numbered
14–06–200–7734, as amended by contracts numbered 14–
06–200–4282A and 14–06–200–8536A.
(b) PAYMENT OBLIGATIONS EXTINGUISHED.—Provi-
sion of consideration by the District in accordance with
section 1313(b) shall extinguish all payment obligations
under contract numbered 14–06–200–949IR1 between the
District and the Secretary.
SEC. 1316. RELATIONSHIP TO OTHER LAWS.
(a) RECLAMATION LAWS.—Except as provided in
subsection (b), upon conveyance of the Project under this
subtitle, the Reclamation Act of 1902 (82 Stat. 388) and
all Acts amendatory thereof or supplemental thereto shall
not apply to the Project.
(b) PAYMENTS
INTO
THE
CENTRAL
VALLEY
PROJECT RESTORATION FUND.—The El Dorado Irriga-
tion District shall continue to make payments into the
Central Valley Project Restoration Fund for 31 years
after the date of the enactment of this Act. The District’s
obligation shall be calculated in the same manner as Cen-
tral Valley Project water contractors.
SEC. 1317. LIABILITY.
Except as otherwise provided by law, effective on the
date of conveyance of the Project under this subtitle, the
412
United States shall not be liable for damages of any kind
arising out of any act, omission, or occurrence based on
its prior ownership or operation of the conveyed property.
Subtitle B—Minidoka Project,
Idaho
SEC. 1321. SHORT TITLE
This subtitle may be cited as the ‘‘Burley Irrigation
District Conveyance Act’’.
SEC. 1322. DEFINITIONS.
In this subtitle:
(1) DISTRICT.—The term ‘‘District’’ means the
Burley Irrigation District, an irrigation district or-
ganized under the law of the State of Idaho.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(3) PROJECT.—The term ‘‘Project’’ means all
of the right, title, and interest in and to the South-
side Pumping Division of the Minidoka Project,
Idaho, including the water distribution system below
the headworks of the Minidoka Dam held in the
name of the United States for the benefit of, and for
use on land within, the District for which the alloca-
ble construction costs have been fully repaid by the
District.
413
SEC. 1323. CONVEYANCE.
(a) IN GENERAL.—In consideration of the District
accepting the obligations of the Federal Government for
the Project, and subject to the completion of payments
by the District required under subsection (c)(3), the Sec-
retary shall convey the Project and the water rights de-
scribed in subsection (b) to the District.
(b) WATER RIGHTS.—
(1) TRANSFER REQUIRED.—The Secretary shall
transfer to the District, through an agreement
among the District, the Minidoka Irrigation District,
and the Secretary and in accordance with and sub-
ject to the law of the State of Idaho, all natural
flow, waste, seepage, return flow, and ground water
rights held in the name of the United States—
(A) for the benefit of the South Side
Pumping Division operated and maintained by
the District;
(B) for use on lands within the District or
that are return flows for which the District may
receive credit against storage water used.
(2) LIMITATION.—The transfer of the property
interest of the United States in Project water rights
directed to be conveyed by this section shall—
(A) neither enlarge nor diminish the water
rights of either the Minidoka Irrigation District
414
or the District, as set forth in their respective
contracts with the United States;
(B) not be exercised as to impair the inte-
grated operation of the Minidoka Project by the
Secretary pursuant to applicable Federal law;
(C) not affect any other water rights; and
(D) not result in any adverse impact on
any other project water user.
(c) DEADLINE.—
(1) IN GENERAL.—If no changes in Project op-
erations are expected following the conveyance under
subsection (a), the Secretary shall complete the con-
veyance expeditiously, but not later than 180 days
after the date of the enactment of this Act.
(2) DEADLINE IF CHANGES IN OPERATIONS IN-
TENDED.—If the District intends to change Project
operations as a result of the conveyance under sub-
section (a), the Secretary—
(A) shall take into account those potential
changes for the purpose of completing any re-
quired environmental evaluation associated with
the conveyance; and
(B) shall complete the conveyance by not
later than 2 years after the date of the enact-
ment of this Act.
415
(3) 
ADMINISTRATIVE
COSTS
OF
CONVEY-
ANCE.—If the Secretary fails to complete the con-
veyance under this subtitle before the applicable
deadline under paragraph (1) or (2), the full cost of
administrative action and environmental compliance
for the conveyance shall be borne by the Secretary.
If the Secretary completes the conveyance before
that deadline, 1⁄2 of such cost shall be borne by the
District.
SEC. 1324. RELATIONSHIP TO EXISTING OPERATIONS.
(a) IN GENERAL.—Nothing in this subtitle shall be
construed as significantly expanding or otherwise chang-
ing the use or operation of the Project from its current
use and operation.
(b) FUTURE ALTERATIONS.—If the District alters
the operations or uses of the Project it shall comply with
all applicable laws or regulations governing such changes
at that time (subject to section 1325).
SEC. 1325. RELATIONSHIP TO CERTAIN CONTRACT OBLIGA-
TIONS.
(a) SAVINGS.—Nothing in this subtitle or any trans-
fer pursuant thereto shall affect the right of Minidoka Ir-
rigation District to the joint use of the gravity portion of
the Southside Canal, subject to compliance by the
Minidoka Irrigation District with the terms and conditions
416
of a contract between the District and Minidoka Irrigation
District, and any amendments or changes made by agree-
ment of the irrigation districts.
(b) ALLOCATION
OF STORAGE SPACE.—The Sec-
retary shall provide an allocation to the District of storage
space in Minidoka Reservoir, American Falls Reservoir,
and Palisades Reservoir, as described in Burley Contract
Nos. 14–06–100–2455 and 14–06–W–48, subject to the
obligation of Burley to continue to assume and satisfy its
allocable costs of operation and maintenance associated
with the storage facilities operated by the Bureau of Rec-
lamation.
(c) PROJECT RESERVED POWER.—The Secretary
shall continue to provide the District with project reserved
power from the Minidoka Reclamation Power Plant, Pali-
sades Reclamation Power Plant, Black Canyon Reclama-
tion Power Plant, and Anderson Ranch Reclamation
Power Plant in accordance with the terms of the existing
contracts, including any renewals thereof as provided in
such contracts.
SEC. 1326. LIABILITY.
Except as otherwise provided by law, effective on the
date of conveyance of the Project under this subtitle, the
United States shall not be held liable for damages of any
kind arising out of any act, omission, or occurrence based
417
on its prior ownership or operation of the conveyed prop-
erty.
Subtitle C—Carlsbad Irrigation
Project, New Mexico
SEC. 1331. SHORT TITLE.
This subtitle may be cited as the ‘‘Carlsbad Irrigation
Project Acquired Land Conveyance Act’’.
SEC. 1332. DEFINITIONS.
For purposes of this subtitle:
(1) The term ‘‘District’’ means the Carlsbad Ir-
rigation District, a quasimunicipal corporation
formed under the laws of the State of New Mexico
that has its principal place of business in the city of
Carlsbad, Eddy County, New Mexico.
(2) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(3) The term ‘‘Project’’ means all right, title,
and interest in and to the lands (including the sub-
surface and mineral estate) in Eddy County, New
Mexico, described as the acquired lands in section
(7) of the Status of Lands and Title Report: Carls-
bad Project as reported by the Bureau of Reclama-
tion in 1978 and all interests the United States
holds in the irrigation and drainage system of the
Carlsbad Project and all related ditch rider houses,
418
maintenance shop and buildings, and Pecos River
Flume.
SEC. 1333. CONVEYANCE OF PROJECT.
(a) IN GENERAL.—Except as provided in subsection
(b), in consideration of the District accepting the obliga-
tions of the Federal Government for the Project, and sub-
ject to the completion of payments by the District required
under subsection (c)(3), the Secretary shall convey the
Project to the District
(b) RETAINED TITLE.—The Secretary shall retain
title to the surface estate (but not the mineral estate) of
such Project lands which are located under the footprint
of Brantley and Avalon dams or any other Project dam
or reservoir diversion structure. The Secretary shall retain
storage and flow easements for any tracts located under
the maximum spillway elevations of Avalon and Brantley
Reservoirs.
(c) DEADLINE.—
(1) IN GENERAL.—If no changes in Project op-
erations are expected following the conveyance under
subsection (a), the Secretary shall complete the con-
veyance expeditiously, but not later than 180 days
after the date of the enactment of this Act.
(2) DEADLINE IF CHANGES IN OPERATIONS IN-
TENDED.—If the District intends to change Project
419
operations as a result of the conveyance under sub-
section (a), the Secretary—
(A) shall take into account those potential
changes for the purpose of completing any re-
quired environmental evaluation associated with
the conveyance; and
(B) shall complete the conveyance by not
later than 2 years after the date of the enact-
ment of this Act.
(3) 
ADMINISTRATIVE
COSTS
OF
CONVEY-
ANCE.—If the Secretary fails to complete the con-
veyance under this subtitle before the applicable
deadline under paragraph (1) or (2), the full cost of
administrative action and environmental compliance
for the conveyance shall be borne by the Secretary.
If the Secretary completes the conveyance before
that deadline, 1⁄2 of such cost shall be paid by the
District.
SEC. 1334. RELATIONSHIP TO EXISTING OPERATIONS.
(a) IN GENERAL.—Nothing in this subtitle shall be
construed as significantly expanding or otherwise chang-
ing the use and operation of the Project from its current
use. The Project shall continue to be managed and used
by the District for the purposes for which the Project was
420
authorized, based on historic operations, and consistent
with the management of other adjacent project lands.
(b) FUTURE ALTERATIONS.—If the District alters
the operations or uses of the Project, it shall comply with
all applicable laws or regulations governing such changes
at that time (subject to section 1335).
SEC. 1335. RELATIONSHIP TO CERTAIN CONTRACT OBLIGA-
TIONS.
(a) IN GENERAL.—Except as provided in subsection
(b), upon conveyance of the Project under this subtitle the
District shall assume all rights and obligations of the
United States under the agreement dated July 28, 1994,
between the United States and the Director, New Mexico
Department of Game and Fish (Document No. 2–LM–40–
00640), relating to management of certain lands near
Brantley Reservoir for fish and wildlife purposes and the
agreement dated March 9, 1977, between the United
States and the New Mexico Department of Energy, Min-
erals, and Natural Resources (Contract No. 7–07–57–
X0888) for the management and operation of Brantley
Lake State Park.
(b) LIMITATION.—The District shall not be obligated
for any financial support agreed to by the Secretary, or
the Secretary’s designee, in either agreement and the Dis-
421
trict shall not be entitled to any receipts or revenues gen-
erated as a result of either agreement.
SEC. 1336. LEASE MANAGEMENT AND PAST REVENUES COL-
LECTED FROM THE ACQUIRED LANDS.
(a) NOTIFICATION OF LEASEHOLDERS.—Within 120
days after the date of enactment of this Act, the Secretary
shall provide to the District a written identification of all
mineral and grazing leases in effect on Project lands on
the date of enactment of this Act and notify all lease-
holders of the conveyance authorized by this subtitle.
(b) MANAGEMENT OF LEASES, LICENSES, AND PER-
MITS.—The District shall assume all rights and obliga-
tions of the United States for all mineral and grazing
leases, licenses, and permits existing on the Project lands
conveyed under section 1333, and shall be entitled to any
receipts from such leases, licenses, and permits accruing
after the date of conveyance. All such receipts shall be
used for purposes for which the Project was authorized
and for financing the portion of operations, maintenance,
and replacement at the Sumner Dam that, prior to convey-
ance, was the responsibility of the Bureau of Reclamation,
with the exception of major maintenance programs in
progress prior to conveyance. The District shall continue
to adhere to the current Bureau of Reclamation mineral
leasing stipulations for the Project.
422
(c) AVAILABILITY OF AMOUNTS PAID INTO THE REC-
LAMATION FUND.—
(1) AMOUNTS IN FUND ON DATE OF ENACT-
MENT.—Amounts in the reclamation fund on the
date of enactment of this Act which exist as con-
struction credits to the Carlsbad Project under the
terms of the Mineral Leasing Act for Acquired
Lands (30 U.S.C. 351–359) shall be deposited into
the general fund of the Treasury and credited to
deficit reduction or retirement of the Federal debt.
(2) RECEIPTS AFTER DATE OF ENACTMENT.—
Of the receipts from mineral and grazing leases, li-
censes, and permits on Project lands to be conveyed
under section 1333 that are received by the United
States after the date of enactment of this Act and
before the date of conveyance, up to $200,000 shall
be applied to pay the cost referred to in section
1333(c)(3) and the remainder shall be deposited into
the general fund of the Treasury of the United
States and credited to deficit reduction or retirement
of the Federal debt.
SEC. 1337. WATER CONSERVATION PRACTICES.
Nothing in this subtitle shall be construed to limit
the ability of the District to voluntarily implement water
conservation practices.
423
SEC. 1338. LIABILITY.
Except as otherwise provided by law, effective on the
date of conveyance of the Project under this subtitle, the
United States shall not be liable for damages of any kind
arising out of any act, omission, or occurrence based on
its prior ownership or operation of the conveyed property.
SEC. 1339. FUTURE RECLAMATION BENEFITS.
After completion of the conveyance under this sub-
title, the District shall not be eligible for any emergency
loan from the Bureau of Reclamation for maintenance or
replacement of any facility conveyed under this subtitle.
Subtitle D—Palmetto Bend Project,
Texas
SEC. 1341. SHORT TITLE.
This subtitle may be cited as the ‘‘Palmetto Bend
Conveyance Act’’.
SEC. 1342. DEFINITIONS.
In this subtitle:
(1) STATE.—The term ‘‘State’’ means the
Lavaca-Navidad River Authority and the Texas
Water Development Board, jointly.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(3) PROJECT.—The term ‘‘Project’’ means all
of the right, title, and interest in and to the Pal-
424
metto Bend reclamation project, Texas, authorized
by Public Law 90–562 (82 Stat. 999).
SEC. 1343. CONVEYANCE OF PROJECT.
(a) IN GENERAL.—In consideration of the State ac-
cepting the obligations of the Federal Government for the
Project and subject to the payment by the State of the
net present value of the remaining repayment obligation,
as determined by Office of Management and Budget Cir-
cular A–129 (in effect on the date of enactment of this
Act) and the completion of payments by the State required
under subsection (b)(3), the Secretary shall convey the
Project to the State.
(b) DEADLINE.—
(1) IN GENERAL.—If no changes in Project op-
erations are expected following the conveyance under
subsection (a), the Secretary shall complete the con-
veyance expeditiously, but not later than 180 days
after the date of the enactment of this Act.
(2) DEADLINE IF CHANGES IN OPERATIONS IN-
TENDED.—If the State intends to change Project
operations as a result of the conveyance under sub-
section (a), the Secretary—
(A) shall take into account those potential
changes for the purpose of completing any re-
425
quired environmental evaluation associated with
the conveyance; and
(B) shall complete the conveyance by not
later than 2 years after the date of the enact-
ment of this Act.
(3) 
ADMINISTRATIVE
COSTS
OF
CONVEY-
ANCE.—If the Secretary fails to complete the con-
veyance under this title before the applicable dead-
line under paragraph (1) or (2), the full cost of ad-
ministrative action and environmental compliance for
the conveyance shall be borne by the Secretary. If
the Secretary completes the conveyance before that
deadline, 1⁄2 of such cost shall be paid by the State.
SEC. 1344. RELATIONSHIP TO EXISTING OPERATIONS.
(a) IN GENERAL.—Nothing in this subtitle shall be
construed as significantly expanding or otherwise chang-
ing the use or operation of the Project from its current
use and operation.
(b) FUTURE ALTERATIONS.—If the State alters the
operations or uses of the Project it shall comply will all
applicable laws or regulations governing such changes at
that time.
(c) CONDITION.—Subject to the laws of the State of
Texas, Lake Texana shall not be used to wheel water origi-
nating from the Texas, Colorado River.
426
SEC. 1345. RELATIONSHIP TO CERTAIN CONTRACT OBLIGA-
TIONS.
Existing obligations of the United States pertaining
to the Project shall continue in effect and be assumed by
the State.
SEC. 1346. RELATIONSHIP TO OTHER LAWS.
Upon conveyance of the Project under this subtitle,
the Reclamation Act of 1902 (82 Stat. 388) and all Acts
amendatory thereof or supplemental thereto shall not
apply to the Project.
SEC. 1347. LIABILITY.
Except as otherwise provided by law, effective on the
date of conveyance of the Project under this subtitle, the
United States shall not be liable for damages of any kind
arising out of any act, omission, or occurrence based on
its prior ownership or operation of the conveyed property.
Subtitle E—Wellton-Mohawk
Division, Gila Project, Arizona
SEC. 1351. SHORT TITLE.
This subtitle may be cited as the ‘‘Wellton-Mohawk
Division Title Transfer Act of 1998’’.
SEC. 1352. DEFINITIONS.
For purposes of this subtitle:
(1) The term ‘‘District’’ means the Wellton-Mo-
hawk Irrigation and Drainage District, an irrigation
and drainage district created, organized, and exist-
427
ing under and by virtue of the laws of the State of
Arizona.
(2) The term ‘‘Project’’ means all of the right,
title, and interest in and to the Wellton-Mohawk Di-
vision, Gila Project, Arizona, held by the United
States pursuant to or related to any authorization in
the Act of July 30, 1947 (chapter 382; 61 Stat.
628).
(3) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(4) The term ‘‘withdrawn lands’’ means those
lands within and adjacent to the District that have
been withdrawn from public use for reclamation pur-
poses.
SEC. 1353. CONVEYANCE OF PROJECT.
(a) IN GENERAL.—In consideration of the District
accepting the obligations of the Federal Government for
the Project, and subject to the payment of fair market
value by the District for the withdrawn lands and the com-
pletion of payments by the District required under sub-
section (b)(3), the Secretary shall convey the Project and
the withdrawn lands to the District in accordance with the
Memorandum of Agreement between the Secretary and
the District numbered 8–AA–34–WAO14 and dated July
10, 1998.
428
(b) DEADLINE.—
(1) IN GENERAL.—The Secretary shall complete
the conveyance expeditiously, but not later than 3
years after the date of enactment of this Act.
(2) 
ADMINISTRATIVE
COSTS
OF
CONVEY-
ANCE.—If the Secretary fails to complete the con-
veyance under this subtitle before the applicable
deadline under paragraph (1), the full cost of admin-
istrative action and environmental compliance for
the conveyance shall be borne by the Secretary. If
the Secretary completes the conveyance before that
deadline, 1⁄2 of such cost shall be paid by the Dis-
trict.
SEC. 1354. RELATIONSHIP TO EXISTING OPERATIONS.
(a) IN GENERAL.—Nothing in this subtitle shall be
construed as significantly expanding or otherwise chang-
ing the use or operation of the Project from its current
use or operation.
(b) FUTURE ALTERATIONS.—If the District alters
the operations or uses of the Project, it shall comply with
all applicable laws and regulations governing such changes
at that time.
SEC. 1355. LIABILITY.
Except as otherwise provided by law, effective on the
date of conveyance of the Project under this subtitle, the
429
United States shall not be held liable under any law for
damages of any kind arising out of any act, omission, or
occurrence based on its prior ownership or operation of
the conveyed property.
SEC. 1356. LANDS TRANSFER.
Pursuant to the Memorandum of Agreement between
the Secretary and the District numbered 8–AA–34–
WAO14 and dated July 10, 1998, the Secretary may
transfer to the District, by sale or exchange, at fair mar-
ket value, public lands located in or adjacent to the
Project, and lands held by the Federal Government on the
date of the enactment of this Act pursuant to Public Law
93–320 and Public Law 100–512 and located in or adja-
cent to the District, other than lands in the Gila River
channel.
SEC. 1357. WATER AND POWER CONTRACTS.
Notwithstanding any conveyance or transfer under
this subtitle, the Secretary and the Secretary of Energy
shall provide for and deliver Colorado River water and
Parker-Davis Project Priority Use Power to the District
in accordance with the terms of existing contracts with
the District, including any amendments and supplements
thereto or extensions thereof and as provided under sec-
tion 2 of the Memorandum of Agreement between the Sec-
430
retary and the District numbered 8–AA–34–WAO14 and
dated July 10, 1998.
Subtitle F—Canadian River
Project, Texas
SEC. 1361. SHORT TITLE.
This subtitle may be cited as the ‘‘Canadian River
Project Prepayment Act’’.
SEC. 1362. DEFINITIONS.
For the purposes of this subtitle:
(1) The term ‘‘Authority’’ means the Canadian
River Municipal Water Authority, a conservation
and reclamation district of the State of Texas.
(2) The term ‘‘Canadian River Project Author-
ization Act’’ means the Act entitled ‘An Act to au-
thorize the construction, operation, and maintenance
by the Secretary of the Interior of the Canadian
River reclamation project, Texas’’, approved Decem-
ber 29, 1950 (chapter 1183; 64 Stat. 1124).
(3) The term ‘‘Project’’ means all of the right,
title, and interest in and to all land and improve-
ments comprising the pipeline and related facilities
of the Canadian River Project authorized by the Ca-
nadian River Project Authorization Act.
(4) The term ‘‘Secretary’’ means the Secretary
of the Interior.
431
SEC. 1363. PREPAYMENT AND CONVEYANCE OF PROJECT.
(a) IN GENERAL.—(1) In consideration of the Au-
thority accepting the obligation of the Federal Govern-
ment for the Project and subject to the payment by the
Authority of the applicable amount under paragraph (2)
within the 360-day period beginning on the date of the
enactment of this subtitle, the Secretary shall convey the
Project to the Authority, as provided in section 2(c)(3)
of the Canadian River Project Authorization Act (64 Stat.
1124).
(2) For purposes of paragraph (1), the applicable
amount shall be—
(A) $34,806,731, if payment is made by the
Authority within the 270-day period beginning on
the date of enactment of this title; or
(B) the amount specified in subparagraph (A)
adjusted to include interest on that amount since the
date of the enactment of this subtitle at the appro-
priate Treasury bill rate for an equivalent term, if
payment is made by the Authority after the period
referred to in subparagraph (A).
(3) If payment under paragraph (1) is not made by
the Authority within the period specified in paragraph (1),
this subtitle shall have no force or effect.
432
(b) FINANCING.—Nothing in this subtitle shall be
construed to affect the right of the Authority to use a par-
ticular type of financing.
SEC. 1364. RELATIONSHIP TO EXISTING OPERATIONS.
(a) IN GENERAL.—Nothing in this subtitle shall be
construed as significantly expanding or otherwise chang-
ing the use or operation of the Project from its current
use and operation.
(b) FUTURE ALTERATIONS.—If the Authority alters
the operations or uses of the Project it shall comply with
all applicable laws or regulations governing such alteration
at that time.
(c) RECREATION.—The Secretary of the Interior, act-
ing through the National Park Service, shall continue to
operate the Lake Meredith National Recreation Area at
Lake Meredith.
(d) FLOOD CONTROL.—The Secretary of the Army,
acting through the Corps of Engineers, shall continue to
prescribe regulations for the use of storage allocated to
flood control at Lake Meredith as prescribed in the Letter
of Understanding entered into between the Corps, the Bu-
reau of Reclamation, and the Authority in March and May
1980.
(e) SANFORD DAM PROPERTY.—The Authority shall
have the right to occupy and use without payment of lease
433
or rental charges or license or use fees the property re-
tained by the Bureau of Reclamation at Sanford Dam and
all buildings constructed by the United States thereon for
use as the Authority’s headquarters and maintenance fa-
cility. Buildings constructed by the Authority on such
property, or past and future additions to Government con-
structed buildings, shall be allowed to remain on the prop-
erty. The Authority shall operate and maintain such prop-
erty and facilities without cost to the United States.
SEC. 1365. RELATIONSHIP TO CERTAIN CONTRACT OBLIGA-
TIONS.
(a) PAYMENT OBLIGATIONS EXTINGUISHED.—Provi-
sion of consideration by the Authority in accordance with
section 603(a) shall extinguish all payment obligations
under contract numbered 14–06–500–485 between the
Authority and the Secretary.
(b) OPERATION AND MAINTENANCE COSTS.—After
completion of the conveyance provided for in section 1363,
the Authority shall have full responsibility for the cost of
operation and maintenance of Sanford Dam, and shall
continue to have full responsibility for operation and main-
tenance of the Project pipeline and related facilities.
(c) GENERAL.—Rights and obligations under the ex-
isting contract No. 14–06–500–485 between the Authority
and the United States, other than provisions regarding re-
434
payment of construction charge obligation by the Author-
ity and provisions relating to the Project aqueduct, shall
remain in full force and effect for the remaining term of
the contract.
SEC. 1366. RELATIONSHIP TO OTHER LAWS.
Upon conveyance of the Project under this subtitle,
the Reclamation Act of 1902 (82 Stat. 388) and all Acts
amendatory thereof or supplemental thereto shall not
apply to the Project.
SEC. 1367. LIABILITY.
Except as otherwise provided by law, effective on the
date of conveyance of the Project under this subtitle, the
United States shall not be liable under any law for dam-
ages of any kind arising out of any act, omission, or occur-
rence relating to the conveyed property.
Subtitle G—Clear Creek
Distribution System, California
SEC. 1371. SHORT TITLE.
This subtitle may be cited as the ‘‘Clear Creek Dis-
tribution System Conveyance Act’’.
SEC. 1372. DEFINITIONS.
For purposes of this subtitle:
(1) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
435
(2) DISTRICT.—The term ‘‘District’’ means the
Clear Creek Community Services District, a Califor-
nia community services district located in Shasta
County, California.
(3) DISTRIBUTION
SYSTEM.—The term ‘‘Dis-
tribution System’’ means all the right title and inter-
est in and to the Clear Creek distribution system as
defined in the agreement entitled ‘‘Agreement Be-
tween the United States and the Clear Creek Com-
munity Services District to Transfer Title to the
Clear Creek Distribution System to the Clear Creek
Community Services District’’ (Agreement No. 8–
07–20–L6975).
SEC. 1373. CONVEYANCE OF PROJECT.
(a) IN GENERAL.—In consideration of the District
accepting the obligations of the Federal Government for
the Distribution System and subject to the completion of
payments by the District required under subsection (b)(3),
the Secretary shall convey the Distribution System to the
District.
(b) DEADLINE.—
(1) IN GENERAL.—If no changes in Project op-
erations are expected following the conveyance under
subsection (a), the Secretary shall complete the con-
436
veyance expeditiously, but not later than 180 days
after the date of the enactment of this Act.
(2) DEADLINE IF CHANGES IN OPERATIONS IN-
TENDED.—If the District intends to change Project
operations as a result of the conveyance under sub-
section (a), the Secretary—
(A) shall take into account those potential
changes for the purpose of completing any re-
quired environmental evaluation associated with
the conveyance; and
(B) shall complete the conveyance by not
later than 2 years after the date of the enact-
ment of this Act.
(3) 
ADMINISTRATIVE
COSTS
OF
CONVEY-
ANCE.—If the Secretary fails to complete the con-
veyance under this subtitle before the applicable
deadline under paragraph (1) or (2), the full cost of
administrative action and environmental compliance
for the conveyance shall be borne by the Secretary.
If the Secretary completes the conveyance before
that deadline, 1⁄2 of such cost shall be paid by the
District.
SEC. 1374. RELATIONSHIP TO EXISTING OPERATIONS.
(a) IN GENERAL.—Nothing in this subtitle shall be
construed as significantly expanding or otherwise chang-
437
ing the use or operation of the Distribution System from
its current use and operation.
(b) FUTURE ALTERATIONS.—If the District alters
the operations or uses of the Distribution System it shall
comply with all applicable laws or regulations governing
such changes at that time (subject to section 1375).
SEC. 1375. RELATIONSHIP TO CERTAIN CONTRACT OBLIGA-
TIONS.
(a) NATIVE AMERICAN TRUST RESPONSIBILITY.—
The Secretary shall ensure that any trust responsibilities
to any Native American Tribes that may be affected by
the conveyance under this title are protected and fulfilled.
(b) CONTRACT OBLIGATIONS.—Conveyance of the
Distribution System under this subtitle—
(1) shall not affect any of the provisions of the
District’s existing water service contract with the
United States (contract number 14–06–200–489–
IR3), as it may be amended or supplemented; and
(2) shall not deprive the District of any existing
contractual or statutory entitlement to subsequent
interim renewals of such contract or to renewal by
entering into a long-term water service contract.
SEC. 1376. LIABILITY.
Effective on the date of conveyance of the Distribu-
tion System under this subtitle, the United States shall
438
not be liable under any law for damages of any kind aris-
ing out of any act, omission, or occurrence based on its
prior ownership or operation of the conveyed property.
Subtitle H—Pine River Project,
Colorado
SEC. 1381. SHORT TITLE.
This subtitle may be cited as the ‘‘Vallecito Dam and
Reservoir Conveyance Act’’.
SEC. 1382. DEFINITIONS.
For purposes of this subtitle:
(1) The term ‘‘District’’ means the Pine River
Irrigation District, a political division of the State of
Colorado duly organized, existing, and acting pursu-
ant to the laws thereof with its principal place of
business in the city of Bayfield, La Plata County,
Colorado.
(2) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(3) The term the ‘‘Project’’ means Vallecito
Dam and Reservoir, and associated interests, owned
by the United States and authorized in 1937 under
the provisions of the Department of the Interior Ap-
propriation Act of June 25, 1910 (36 Stat. 835).
(4) The term ‘‘Repayment Contract’’ means Re-
payment Contract #I1r–1204, between Reclamation
439
and the Pine River Irrigation District, dated April
15, 1940, and amended November 30, 1953, all
amendments thereto, and changes pursuant to the
Act of July 27, 1954 (68 Stat. 534).
(5) The term ‘‘Tribe’’ means the Southern Ute
Indian Tribe, a federally recognized Indian tribe lo-
cated on the Southern Ute Indian Reservation, La
Plata County, Colorado.
(6) The term ‘‘Jurisdictional Map’’ means the
map entitled ‘‘Transfer of Jurisdiction—Vallecito
Reservoir, United States Department of Agriculture,
Forest Service and United States Department of the
Interior, Bureau of Reclamation and the Bureau of
Indian Affairs’’ dated March, 1998.
SEC. 1383. CONVEYANCE OF PROJECT.
(a) CONVEYANCE TO DISTRICT.—
(1) IN GENERAL.—In consideration of the Dis-
trict accepting the obligations of the Federal Gov-
ernment for the Project and subject to the comple-
tion of payments by the District required under sub-
section (b)(3) and occurrence of the events described
in paragraphs (2) and (3) of this subsection, the
Secretary shall convey an undivided 5⁄6 interest in
the Project to the District.
440
(2) SUBMISSION
OF
MANAGEMENT
PLAN.—
Prior to any conveyance under paragraph (1), the
District shall submit to the Secretary a plan to man-
age the Project in a manner substantially similar to
the manner in which it was managed prior to the
transfer and in accordance with applicable Federal
and State laws, including provisions—
(A) protecting the interests in the Project
held by the Bureau of Indian Affairs for the
Tribe;
(B) preserving public access and rec-
reational values and preventing growth on cer-
tain lands to be conveyed hereunder, as set
forth in an Agreement dated March 20, 1998,
between the District and residents of Vallecito
Reservoir; and
(C) ensuring that any future change in the
use of the water supplied by Vallecito Reservoir
shall comply with applicable law.
(3) LIMITATION.—No interest in the Project
shall convey under this subsection before the date on
which the Secretary receives a copy of a resolution
adopted by the Tribe declaring that the terms of the
conveyance protects the Indian trust assets of the
Tribe.
441
(b) DEADLINE.—
(1) IN GENERAL.—If no changes in Project op-
erations are expected following the conveyance under
subsection (a), the Secretary shall complete the con-
veyance under subsection (a) expeditiously, but not
later than 180 days after the date of the enactment
of this Act.
(2) DEADLINE IF CHANGES IN OPERATIONS IN-
TENDED.—If the District intends to change Project
operations as a result of the conveyance under sub-
section (a), the Secretary—
(A) shall take into account those potential
changes for the purpose of completing any re-
quired environmental evaluation associated with
the conveyance; and
(B) shall complete the conveyance by not
later than 2 years after the date of the enact-
ment of this Act.
(3) 
ADMINISTRATIVE
COSTS
OF
CONVEY-
ANCE.—If the District submits a plan in accordance
with subsection (a)(2) and the Secretary receives a
copy of a resolution described in subsection (a)(3),
and the Secretary fails to complete the conveyance
under subsection (a) before the applicable deadline
under paragraph (1) or (2), the full cost of adminis-
442
trative action and environmental compliance for the
conveyance shall be borne by the Secretary. If the
Secretary completes the conveyance before that
deadline, 1⁄2 of such cost shall be paid by the Dis-
trict.
(c) TRIBAL INTERESTS.—At the option of the Tribe,
the Secretary shall convey to the Tribe an undivided 1⁄6
interest in the Project, all interests in lands over which
the Bureau of Indian Affairs holds administrative jurisdic-
tion under section 1384(e)(1)(A), and water rights associ-
ated with those interests. No consideration or compensa-
tion shall be required to be paid to the United States for
such conveyance.
(d) RESTRICTION ON PARTITION.—Any conveyance
of interests in lands under this subtitle shall be subject
to the prohibition that those interests in those lands may
not be partitioned. Any quit claim deed or patent evidenc-
ing such a conveyance shall expressly prohibit partitioning.
SEC. 1384. RELATIONSHIP TO EXISTING OPERATIONS.
(a) IN GENERAL.—Nothing in this subtitle shall be
construed as significantly expanding or otherwise chang-
ing the use or operation of the Project from its current
use and operation.
(b) DESCRIPTION OF EXISTING CONDITION.—The
Secretary shall submit to the District, the Bureau of In-
443
dian Affairs, and the State of Colorado a description of
the existing condition of Vallecito Dam based on Bureau
of Reclamation’s current knowledge and understanding.
(c) FUTURE ALTERATIONS.—If the District alters
the operations or uses of the Project it shall comply with
all applicable laws or regulations governing such changes
at that time.
(d) FLOOD CONTROL PLAN.—The District shall work
with Corps of Engineers to develop a flood control plan
for the operation of Vallecito Dam for flood control pur-
poses.
(e) JURISDICTIONAL TRANSFER OF LANDS.—
(1) INUNDATED
LANDS.—To provide for the
consolidation of lands associated with the Project to
be retained by the Forest Service and the consolida-
tion of lands to be transferred to the District, the
administrative jurisdiction of lands inundated by and
along the shoreline of Vallecito Reservoir, as shown
on the Jurisdictional Map, shall be transferred, as
set forth in this subsection, concurrently with any
conveyance under section 1383. Except as otherwise
shown on the Jurisdictional Map—
(A) for withdrawn lands (approximately
260 acres) lying below the 7,665-foot reservoir
water surface elevation level, the Forest Service
444
shall transfer an undivided 5⁄6 interest to the
Bureau of Reclamation and an undivided 1⁄6 in-
terest to the Bureau of Indian Affairs in trust
for the Tribe; and
(B) for Project acquired lands (approxi-
mately 230 acres) above the 7,665-foot res-
ervoir water surface elevation level, the Bureau
of Reclamation and the Bureau of Indian Af-
fairs shall transfer their interests to the Forest
Service.
(2) MAP.—The Jurisdictional Map and legal
descriptions of the lands transferred pursuant to
paragraph (1) shall be on file and available for pub-
lic inspection in the offices of the Chief of the Forest
Service, the Commissioner of Reclamation, appro-
priate field offices of those agencies, and the Com-
mittee on Resources of the House of Representatives
and the Committee on Energy and Natural Re-
sources of the Senate.
(3) ADMINISTRATION.—Following the transfer
of administrative jurisdiction under paragraph (1):
(A) All lands that, by reason of the trans-
fer of administrative jurisdiction under para-
graph (1), become National Forest System
lands within the boundaries of the San Juan
445
National Forest, shall be administered in ac-
cordance with the laws, rules, and regulations
applicable to the National Forest System.
(B) Bureau of Reclamation withdrawals of
land from the San Juan National Forest estab-
lished by Secretarial Orders on November 9,
1936, October 14, 1937, and June 20, 1945,
together designated as Serial No. C–28259,
shall be revoked.
(C) The Forest Service shall issue perpet-
ual easements to the District and the Bureau of
Indian Affairs, at no cost to the District or the
Bureau of Indian Affairs, providing adequate
access across all lands subject to Forest Service
jurisdiction to insure the District and the Bu-
reau of Indian Affairs the ability to continue to
operate and maintain the Project.
(D) The undivided 5⁄6 interest in National
Forest System lands that, by reason of the
transfer of administrative jurisdiction under
paragraph (1) is to be administered by Bureau
of Reclamation, shall be conveyed to the Dis-
trict pursuant to section 1383.
(E) The District and the Bureau of Indian
Affairs shall issue perpetual easements to the
446
Forest Service, at no cost to the Forest Service,
from National Forest System lands to Vallecito
Reservoir to assure continued public access to
Vallecito Reservoir when the Reservoir level
drops below the 7,665-foot water surface ele-
vation.
(F) The District and the Bureau of Indian
Affairs shall issue a perpetual easement to the
Forest Service, at no cost to the Forest Service,
for the reconstruction, maintenance, and oper-
ation of a road from La Plata County Road No.
501 to National Forest System lands east of
the Reservoir.
(4) VALID EXISTING RIGHTS.—Nothing in this
subsection shall affect any valid existing rights or in-
terests in any existing land use authorization, except
that any such land use authorization shall be admin-
istered by the agency having jurisdiction over the
land after the transfer of administrative jurisdiction
under paragraph (1) in accordance with paragraph
(3) and other applicable law. Renewal or reissuance
of any such authorization shall be in accordance
with applicable law and the regulations of the agen-
cy having jurisdiction, except that the change of ad-
ministrative jurisdiction shall not in itself constitute
447
a ground to deny the renewal or reissuance of any
such authorization.
(f) FEDERAL DAM CHARGE.—Nothing in this sub-
title shall relieve the holder of the Federal Energy Regu-
latory Commission license for Vallecito Dam in effect on
the date of the enactment of this Act from the obligation
to make payments under section 10(e)(2) of the Federal
Power Act during the term of the license.
SEC. 1385. RELATIONSHIP TO OTHER LAWS.
Upon conveyance of the Project under this subtitle,
the Reclamation Act of 1902 (82 Stat. 388) and all Acts
amendatory thereof or supplemental thereto shall not
apply to the Project.
SEC. 1386. LIABILITY.
Except as otherwise provided by law, effective on the
date of conveyance of the Project under this subtitle, the
liability of the United States under any law for damages
of any kind arising out of any act, omission, or occurrence
based on its prior ownership or operation of property in
which an interest is conveyed by the United States pursu-
ant to this subtitle shall be limited to the portion of the
total damages that bears the same proportion to the total
damages as the interest in the property retained by the
United States bears to the total interest in the property.
454
tral Valley Project water supplies from Folsom Reservoir
and necessary associated temperature monitoring facili-
ties. These costs of construction of temperature control
device and associated temperature monitoring facilities
shall be nonreimbursable and operated by the non-Federal
facility owner at its expense, in coordination with the Cen-
tral Valley Project for the benefit and propagation of chi-
nook salmon and steelhead trout in the American River,
California.
(c) AUTHORIZATION.—There is hereby authorized to
be appropriated for the construction of a temperature con-
trol device on Folsom Dam and necessary associated tem-
perature monitoring facilities the sum of $5,000,000 (ad-
justed for inflation based on October 1997 prices). There
is also authorized to be appropriated for the construction
of a temperature control device on existing non-Federal
facilities and necessary associated temperature monitoring
facilities the sum of $2,000,000 (October 1997 prices).
There is also authorized to be appropriated, in addition
thereto, such amounts as are required for operation, main-
tenance, and replacement of the temperature control de-
vices on Folsom Dam and associated temperature mon-
itoring facilities.