of the Act of April 11, 1956 (70 Stat. 107, chapter
203; 43 U.S.C. 620d).
(b) REDUCTIONS FOR IMPROVEMENTS.—An appraisal
of a residence or a structure or facility leased for private
use under this section shall deduct the contributory value
of improvements made by the current occupant or lessee if
the occupant or lessee provides reasonable evidence of ex-
penditure of money or materials in making the improve-
ments.
(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 Interior
shall make an appraisal under this section available
for review by a current occupant or lessee.
(2) ADDITIONAL INFORMATION OR APPEAL.—
(A) IN GENERAL.—The current occupant or
lessee may provide additional information, or
appeal the findings of the appraisal in writing,
to the Upper Colorado Regional Director of the
Bureau of Reclamation.
(B) ACTION BY SECRETARY OF THE INTE-
RIOR.—The Secretary of the Interior—
(i) shall consider the additional infor-
mation or appeal; and
(ii) may conduct a second appraisal if
the Secretary determines that a second ap-
praisal is necessary.
(e) INSPECTION.—The Secretary of the Interior shall
provide opportunities for other qualified, interested pur-
chasers to inspect completed appraisals under this section.
SEC. 10. DISPOSAL OF PROPERTIES.
(a) CONVEYANCES.—
(1) PATENTS.—The Secretary of the Interior
shall dispose of properties identified for disposal
under section 4, other than properties retained under
section 4(e), without regard to law governing patents.
(2) CONDITION AND LAND.—Except as otherwise
provided in this Act, conveyance of a building, struc-
ture, or facility under this Act shall be in its current
condition and shall include the land parcel on which
the building, structure, or facility is situated.
(3) FIXTURES AND FURNISHINGS.—An existing
and in-place fixture or furnishing necessary for the
full use of a property or facility under this Act shall
be conveyed along with the property.
(4) MAINTENANCE.—
(A) BEFORE CONVEYANCE.—Before property
is conveyed under this Act, the Secretary of the
Interior shall ensure reasonable and prudent
maintenance and proper care of the property.
(B) AFTER CONVEYANCE.—After property is
conveyed to a recipient under this Act, the recip-
ient shall be responsible for—
(i) maintenance and proper care of the
property; and
(ii) any contamination of the property.
(b) INFRASTRUCTURE FACILITIES AND LAND.—Infra-
structure facilities and land described in paragraphs (1)
and (2) of section 4(c) shall be conveyed, without consider-
ation, to Daggett County, Utah.
(c) SCHOOL.—The lands on which are located the
Dutch John public schools described in section 4(c)(3) shall
be conveyed, without consideration, to the Daggett County
School District.
(d) UTAH DIVISION
OF WILDLIFE RESOURCES.—
Lands on which are located the offices, 3 employee resi-
dences, warehouses, and facilities of the Utah Division of
Wildlife Resources described in section 4(d)(7) shall be con-
veyed, without consideration, to the Division.
(e) RESIDENCES AND LOTS.—
(1) IN GENERAL.—
(A) FAIR MARKET VALUE.—A residence and
occupied residential lot to be disposed of under
this Act shall be sold for the appraised fair mar-
ket value.
(B) NOTICE.—The Secretary of the Interior
shall provide local general public notice, and
written notice to lessees and to current occupants
of residences and of occupied residential lots for
disposal, of the intent to sell properties under
this Act.
(2) PURCHASE OF RESIDENCES OR LOTS BY LES-
SEES.—
(A) IN GENERAL.—Subject to subparagraph
(B), the Secretary of the Interior shall provide a
holder of a current lease from the Secretary for
a residence to be sold under paragraph (1) or (2)
of section 4(d) or for a residential lot occupied
by a privately owned dwelling described in sec-
tion 4(d)(3) a period of 180 days beginning on
the date of the written notice of the Secretary of
intent of the Secretary to sell the residence or lot,
to execute a contract with the Secretary of the
Interior to purchase the residence or lot for the
appraised fair market value.
(B) NOTICE OF INTENT TO PURCHASE.—To
obtain the protection of subparagraph (A), the
lessee shall, during the 30-day period beginning
on the date of receipt of the notice referred to in
subparagraph (A), notify the Secretary in writ-
ing of the intent of the lessee to purchase the resi-
dence or lot.
(C) NO NOTICE OR PURCHASE CONTRACT.—
If no written notification of intent to purchase
is received by the Secretary in accordance with
subparagraph (B) or if a purchase contract has
not been executed in accordance with subpara-
graph (A), the residence or lot shall become
available for purchase by other persons under
paragraph (3).
(3) PURCHASE
OF
RESIDENCES
OR
LOTS
BY
OTHER PERSONS.—
(A) ELIGIBILITY.—If a residence or lot be-
comes available for purchase under paragraph
(2)(C), the Secretary of the Interior shall make
the residence or lot available for purchase by—
(i) a current authorized occupant of
the residence to be sold;
(ii) a holder of a current reclamation
lease for a residence within Dutch John;
(iii) an employee of the Bureau of Rec-
lamation or the Forest Service who resides
in Dutch John; or
(iv) a Federal or non-Federal employee
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 Rec-
lamation in Dutch John, with the highest
priority provided for purchasers with the
longest continuous residency or lease.
(iii) INTERRUPTIONS.—If a continuous
residency or lease was interrupted, the Sec-
retary shall consider only that most recent
continuous residency or lease.
(iv) OTHER
FACTORS.—In preparing
the priority list, the Secretary shall not con-
sider 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 prior-
ity list with the Secretary of the Interior,
acting through the Upper Colorado Regional
Director of the Bureau of Reclamation. The
Secretary, acting through the Regional Di-
rector, shall consider the appeal and resolve
the dispute.
(C) NOTICE.—The Secretary of the Interior
shall provide general public notice and written
notice by certified mail to eligible purchasers
that specifies—
(i) properties available for purchase
under this paragraph;
(ii) the appraised fair market value of
the properties;
(iii) instructions for potential eligible
purchasers; and
(iv) any purchase contract require-
ments.
(D) NOTICE OF INTENT TO PURCHASE.—An
eligible purchaser under this paragraph shall
have a period of 90 days after receipt of written
notification to submit to the Secretary of the In-
terior a written notice of intent to purchase a
specific available property at the listed ap-
praised 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 prop-
erty that the purchaser will have the first oppor-
tunity to execute a sales contract and purchase
the property.
(F) AVAILABILITY TO OTHER PURCHASERS
ON PRIORITY LIST.—If no purchase contract is
executed for a property by the highest priority
purchaser within the 180 days after receipt of
notice under subparagraph (E), the Secretary of
the Interior shall make the property available to
other purchasers listed on the priority list.
(G) LIMITATION
ON
NUMBER
OF
PROP-
ERTIES.—No household may purchase more than
1 residential property under this paragraph.
(4) RESIDUAL PROPERTY TO COUNTY.—If a resi-
dence or lot to be disposed of under this Act is not
purchased in accordance with paragraph (2) or (3)
within 2 years after providing the first notice of in-
tent 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 Regional
Director of the Bureau of Reclamation, may appoint
a nonfunded Advisory Committee comprised of 1 rep-
resentative from each of the Bureau of Reclamation,
Daggett County, and the Dutch John community to
review and provide advice to the Secretary on the res-
olution of disputes arising under this subsection and
subsection (f).
(6) FINANCING.—The Secretary of the Interior
shall provide advice to potential purchasers under
this subsection and subsection (f) in obtaining appro-
priate and reasonable financing for the purchase of a
residence or lot.
(f) UNOCCUPIED PLATTED LOTS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary of the Interior shall make an
unoccupied platted lot described in section 4(d)(4)
available for sale to eligible purchasers for the ap-
praised fair market value of the lot.
(2) CONVEYANCE FOR PUBLIC PURPOSE.—On re-
quest from Daggett County, the Secretary of the Inte-
rior may convey directly to the County without con-
sideration a lot referred to in paragraph (1) that will
be used for a public use purpose that is consistent
with the land use plan developed under section 8(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 Interior
shall include in the notice of intent to sell the lot pro-
vided under this subsection the land-use designation
of the lot established under the land use plan devel-
oped under section 8(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 residence
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 con-
vey the lot to Daggett County without consideration.
(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 ap-
proximately 15.3 acres and 1 acre, respectively, may
be sold at appraised fair market value to the holder
of the permit.
(2) ADMINISTRATION OF PERMITS.—On transfer
of jurisdiction of the land to the Secretary of the Inte-
rior pursuant to section 6, the Secretary of the Inte-
rior shall administer the permits under the terms and
conditions of the permits.
(3) NOTICE OF AVAILABILITY FOR PURCHASE.—
The Secretary of the Interior shall notify the respec-
tive permit holders in writing of the availability 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 per-
mit holder number 9303, the Secretary of the Interior,
in consultation with Daggett County, may—
(A) consider sale of a parcel within the
Daggett County community of similar size and
appraised value in lieu of the land under permit
on the date of enactment of this Act; and
(B) provide the holder credit toward the
purchase or other negotiated compensation for
the appraised value of improvements of the per-
mittee to land under permit on the date of enact-
ment 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 con-
vey the land to Daggett County without consider-
ation.
(h) TRANSFERS TO COUNTY.—Other land occupied by
authorization of a special use permit, easement, or right-
of-way to be disposed of under this Act shall be transferred
to Daggett County if the holder of the authorization 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 mutu-
ally satisfactory to the holder and the County.
(i) CHURCH LAND.—
(1) IN GENERAL.—The Secretary of the Interior
shall offer to sell land to be disposed of under this Act
on which is located an established church to the par-
ent 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 con-
vey the land to Daggett County without consider-
ation.
(j) RESIDUAL PROPERTIES
TO COUNTY.—The Sec-
retary of the Interior shall convey all lands, buildings, or
facilities designated for disposal under this Act that are not
conveyed in accordance with subsections (a) through (i) to
Daggett County without consideration.
(k) WATER RIGHTS.—
(1) IN GENERAL.—Subject to the other provisions
of this subsection, the Secretary of the Interior shall
transfer all water rights the Secretary holds that are
applicable to the Dutch John municipal water system
to Daggett County.
(2) WATER SERVICE CONTRACT.—
(A) IN GENERAL.—Transfer of rights under
paragraph (1) is contingent on Daggett County
entering into a water service contract with the
Secretary of the Interior covering payment 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 deliv-
ered.
(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 segregate 12,000
acre-feet per year of water from the original ap-
proved Flaming Gorge water right (41–2963) for
municipal use in the town of Dutch John and
surrounding areas.
(4) CULINARY WATER SUPPLIES.—The transfer
of water rights under this subsection is conditioned on
the agreement of Daggett County to provide culinary
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 Bureau 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 vicinity
of Dutch John in conjunction with commercial visitor fa-
cilities 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 prop-
erties as authorized by this Act shall temporarily be
deposited in a segregated interest-bearing trust ac-
count in the Treasury with the moneys on hand in
the account paid to Daggett County semiannually to
be used by the County for purposes associated with
the provision of governmental and community serv-
ices 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 Treasury.
SEC. 11. VALID EXISTING RIGHTS.
(a) AGREEMENTS.—