Dutch John Federal Property Disposition and Assistance Act of 1998
PL 105-326 (S.890), enacted 10/30/1998

112 STAT. 3040 
PUBLIC LAW 105-326—OCT. 30, 1998 
Public Law 105-326 
105th Congress 
An Act 
To dispose of certain Federal properties located in Dutch John, Utah, to assist 
' 
the local government in the interim delivery of basic services to the Dutch John 
[S. 890] 
community, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
Dutch John 
the United States of America in Congress assembled. 
Federal Property 
Disposition and 
SECTION 1. SHORT TITLE. 
1998. 
This Act may be cited as the "Dutch John Federal Property 
16USC460V 
Disposition and Assistance Act of 1998". 
, , 
note. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds that— 
(1)(A) Dutch John, Utah, was founded by the Secretary 
of the Interior in 1958 on Bureau of Reclamation land as 
a community to house personnel, administrative offices, and 
equipment for project construction and operation of the Flaming 
Grorge Dam and Reservoir as authorized by the Act of April 
11, 1956 (70 Stat. 105, chapter 203; 43 U.S.C. 620 et seq.); 
and 
(B) permanent structures (including houses, administrative 
offices, equipment storage and maintenance buildings, and 
other public buildings and facilities) were constructed and con-
tinue to be owned and maintained by the Secretary of the 
Interior; 
(2)(A) Bureau of Reclamation land surrounding the Flaming 
Grorge Reservoir (including the Dutch John community) was 
included within the boundaries of the Flaming Gorge National 
Recreation Area in 1968 under Public Law 90-540 (16 U.S.C. 
460v et seq.); 
(B) Public Law 90-540 assigned responsibility for adminis-
tration, protection, and development of the Flaming Gorge 
National Recreation Area to the Secretary of Agriculture and 
provided that lands and waters needed or used for the Colorado 
River Storage Project would continue to be administered by 
the Secretary of the Interior; and 
(C) most structures within the Dutch John community 
(including the schools and public buildings within the commu-
nity) occupy lands administered by the Secretary of Agriculture; 
(3)(A) the Secretary of Agriculture and the Secretary of 
the Interior are unnecessarily burdened with the cost of 
continuing to provide basic services and facilities and building 
maintenance and with the administrative costs of operating 
the Dutch John community; and 
PUBLIC LAW 105-326—OCT. 30, 1998 
112 STAT. 3041 
(B) certain structures and lands are no longer essential 
to management of the Colorado River Storage Project or to 
management of the Flaming Gorge National Recreation Area; 
(4)(A) residents of the community are interested in purchas-
ing the homes they currently rent from the Secretary of the 
Interior and the land on which the homes are located; 
(B) Daggett County, Utah, is interested in reducing the 
financial burden the County experiences in providing local 
government support services to a community that produces 
little direct tax revenue because of Federal ownership; and 
(C) a withdrawal of the role of the Federal Government 
in providing basic direct community services to Dutch John 
would require local government to provide the services at a 
substantial cost; 
(5)(A) residents of the Dutch John community 
are 
interested in self-government of the community; and 
(B) with growing demands for additional commercial recre-
ation services for visitors to the Flaming Gorge National Recre-
ation Area and Ashley National Forest, there are opportunities 
for private economic development, but few private lands are 
available for the services; and 
(6) the privatization and disposal to local government of 
certain lands in and surrounding Dutch John would be in 
the public interest, 
(b) PURPOSES.—^The purposes of this Act are— 
(1) to privatize certain lands in and surrounding Dutch 
John, Utah; 
(2) to transfer jurisdiction of certain Federal property 
between the Secretary of Agriculture and the Secretary of the 
Interior; 
(3) to improve the Flaming Gorge National Recreation Area; 
(4) to dispose of certain residential units, public buildings, 
and facilities; 
(5) to provide interim financial assistance to local govern-
ment to defray the cost of providing basic governmental serv-
ices; 
(6) to achieve efficiencies in operation of the Flaming Gorge 
Dam and Reservoir and the Flaming Gorge National Recreation 
Area; 
(7) to reduce long-term Federal outlays; and 
(8) to serve the interests of the residents of Dutch John 
and Daggett County, Utah, and the general public. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) SECRETARY OF AGRICULTURE.—^The term "Secretary of 
Agriculture" means the Secretary of Agriculture, acting through 
the Chief of the Forest Service. 
(2) SECRETARY OF THE INTERIOR.—^The term "Secretary of 
the Interior" means the Secretary of the Interior, acting through 
the Commissioner of the Bureau of Reclamation. 
SEC. 4. DISPOSITION OF CERTAIN LANDS AND PROPERTIES. 
(a) IN GENERAL.—Lands, structures, and community infrastruc-
ture facilities within or associated with Dutch John, Utah, that 
have been identified by the Secretary of Agriculture or the Secretary 
of the Interior as unnecessary for support of the agency of the 
112 STAT. 3042 
PUBLIC LAW 105-326—OCT. 30, 1998 
respective Secretary shall be transferred or disposed of in accord-
ance with this Act. 
(b) LAND DESCRIPTION.—Except as provided in subsection (e), 
the Secretary of Agriculture and the Secretary of the Interior shall 
dispose of (in accordance with this Act) approximately 2,450 acres 
within or associated with the Dutch John, Utah, community in 
the NWy4 NWy4, 8^2 NWy4, and SV2 of Section 1, the Sy2 of 
Section 2, 10 acres more or less within the NEy* SWV4 of Section 
3, Sections 11 and 12, the Ny2 of Section 13, and the Ey2 NEy4 
of Section 14 of Township 2 North, Range 22 East, Salt Lake 
Base and Meridian, that have been determined to be available 
for transfer by the Secretary of Agriculture and the Secretary 
of the Interior, respectively. 
(c) INFRASTRUCTURE FACILITIES AND LAND.—^Except as provided 
in subsection (e), the Secretary of the Interior shall dispose of 
(in accordance with this Act) community infrastructure facilities 
and land that have been determined to be available for transfer 
by the Secretary of the Interior, including the following: 
(1) The fire station, sewer systems, sewage lagoons, water 
systems (except as provided in subsection (e)(3)), old post office, 
electrical and natural gas distribution systems, hospital build-
ing, streets, street lighting, alleys, sidewalks, parks, and 
community buildings located within or serving Dutch John, 
including fixtures, equipment, land, easements, rights-of-way, 
or other property primarily used for the operation, maintenance, 
replacement, or repair of a facility referred to in this paragraph. 
(2) The Dutch John Airport, comprising approximately 25 
acres, including runways, roads, rights-of-way, and appur-
tenances to the Airport, subject to such monitoring and 
remedial action by the United States as is necessary. 
(3) The lands on which are located the Dutch John public 
schools, which comprise approximately 10 acres. 
(d) OTHER PROPERTIES AND FACILITIES.—^The Secretary of Agri-
culture and the Secretary of the Interior shall dispose of (in accord-
ance with this Act) the other properties and facilities that have 
been determined to be available for transfer or disposal by the 
Secretary of Agriculture and the Secretary of the Interior, respec-
tively, including the following: 
(1) Certain residential units occupied on the date of enact-
ment of this Act, as determined by the Secretary of the Interior. 
(2) Certain residential units unoccupied on the date of 
enactment of this Act, as determined by the Secretary of the 
Interior. 
(3) Lots within the Dutch John community that are occu-
pied on the date of enactment of this Act by privately owned 
modular homes under lease agreements with the Secretary 
of the Interior. 
(4) Unoccupied platted lots within the Dutch John commu-
nity. 
(5) The land, comprising approximately 3.8 acres, on which 
is located the Church of Jesus Christ of Latter Day Saints, 
within Block 9, of the Dutch John community. 
(6) The lands for which special use permits, easements, 
or rights-of-way for commercial uses have been issued by the 
Forest Service. 
(7) The lands on which are located the offices, 3 employee 
residences, warehouses, and facilities of the Utah Division of 
PUBLIC LAW 105-326—OCT. 30, 1998 
112 STAT. 3043 
Wildlife Resources, as described in the survey required under 
section 7, including yards and land defined by fences in exist-
ence on the date of enactment of this Act. 
(8) The Dutch John landfill site, subject to such monitoring 
and remedial action by the United States as is necessary, 
with responsibility for monitoring and remediation being shared 
by the Secretary of Agriculture and the Secretary of the Interior 
proportionate to their historical use of the site. 
(9) Such fixtures and furnishings in existence and in place 
on the date of enactment of this Act as are mutually determined 
by Daggett County, the Secretary of Agriculture, and the Sec-
retary of the Interior to be necessary for the full use of prop-
erties or facilities disposed of under this Act. 
(10) Such other properties or facilities at Dutch John that 
the Secretary of Agriculture or the Secretary of the Interior 
determines are not necessary to achieve the mission of the 
respective Secretary and the disposal of which would be consist-
ent with this Act. 
(e) RETAINED PROPERTIES.—Except to the extent the following 
properties are determined by the Secretary of Agriculture or the 
Secretary of the Interior to be available for disposal, the Secretary 
of Agriculture and the Secretary of the Interior shall retain for 
their respective use the following: 
(1) All buildings and improvements located within the 
industrial complex of the Bureau of Reclamation, including 
the maintenance shop, 40 industrial garages, 2 warehouses, 
the equipment storage building, the flammable equipment stor-
age building, the hazardous waste storage facility, and the 
property on which the buildings and improvements are located. 
(2) 17 residences under the jurisdiction of the Secretary 
of the Interior and the Secretary of Agriculture, of which— 
(A) 15 residences shall remain under the jurisdiction 
of the Secretary of the Interior; and 
(B) 2 residences shall remain under the jurisdiction 
of the Secretary of Agriculture. 
(3) The Dutch John water system raw water supply line 
and return line between the power plant and the water treat-
ment plant, pumps and pumping equipment, and any appur-
tenances and rights-of-way to the line and other facilities, with 
the retained facilities to be operated and maintained by the 
United States with pumping costs and operation and mainte-
nance costs of the pumps to be included as a cost to Daggett 
County in a water service contract. 
(4) The heliport and associated real estate, consisting of 
approximately 20 acres, which shall remain under the jurisdic-
tion of the Secretary of Agriculture. 
(5) The Forest Service warehouse complex and associated 
real estate, consisting of approximately 2 acres, which shall 
remain under the jurisdiction of the Secretary of Agriculture. 
(6) The Forest Service office complex and associated real 
estate, which shall remain under the jurisdiction of the Sec-
retary of Agriculture. 
(7) The United States Post Office, pursuant to Forest Serv-
ice Special Use Permit No. 1073, which shall be transferred 
to the jurisdiction of the United States Postal Service pursuant 
to section 6(d). 
112 STAT. 3044 
PUBLIC LAW 105-326—OCT. 30, 1998 
SEC. 5. REVOCATION OF WITHDRAWALS. 
In the case of lands and properties transferred under section 
4, effective on the date of transfer to the Secretary of the Interior 
(if appHcable) or conveyance by quitclaim deed out of Federal owner-
ship, 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 Public Law 90-540 (16 
U.S.C. 460v et seq.), as to lands described in section 4(b). 
(5) The Dutch John Administrative Site, dated December 
12, 1951 (PLO 769, U-0611). 
SEC. 6. TRANSFER OF JURISDICTION. 
(a) TRANSFERS FROM THE SECRETARY OF AGRICULTURE.—Except 
for properties retained under section 4(e), all lands designated 
under section 4 for disposal shall be— 
(1) transferred from the jurisdiction of the Secretary of 
Agriculture to the Secretary of the Interior and, if appropriate, 
the United States Postal Service; and 
(2) removed from inclusion in the Ashley National Forest 
and the Flaming Gorge National Recreation Area. 
(b) TRANSFERS FROM THE SECRETARY OF THE INTERIOR.— 
(1) IN GENERAL.—^The Secretary of the Interior shall trans-
fer to the Secretary of Agriculture administrative jurisdiction 
over certain lands and interests in land described in paragraph 
(2), containing approximately 2,167 acres located in Duchesne 
and Wasatch Counties, Utah, acquired by the Secretary of 
the Interior for the Central Utah Project. 
(2) LAND DESCRIPTION.—^The lands referred to in paragraph 
(1) are lands indicated on the maps generally depicting— 
(A) the Dutch John transfer of the Ashley National 
Forest to the State of Utah, dated February 1997; 
(B) the Dutch John transfer of the Uinta National 
Forest to the State of Utah, dated February 1997; 
(C) lands to be transferred to the Forest Service: Lower 
Stillwater Properties; 
(D) lands to be transferred to the Forest Service: Red 
Hollow (Diamond Properties); and 
(E) lands to be transferred to the Forest Service: Coal 
Mine Hollow (Current Creek Reservoir). 
(3) STATUS OF LANDS.— 
(A) NATIONAL FORESTS.—^The lands and interests in 
land transferred to the Secretary of Agriculture under para-
graph (1) shall become part of the Ashley or Uinta National 
Forest, as appropriate. The Secretary of Agriculture shall 
adjust the boundaries of each of the National Forests to 
reflect the additional lands. 
(B) MANAGEMENT.—^The transferred lands shall be 
managed in accordance with the Act of March 1, 1911 
(commonly known as the "Weeks Law") (36 Stat. 962, chap-
ter 186; 16 U.S.C. 515 et seq.) and other laws (including 
PUBLIC LAW 105-326—OCT. 30, 1998 
112 STAT. 3045 
rules and regulations) applicable to the National Forest 
System. 
(C) WILDLIFE MITIGATION.—AS of the date of the trans-
fer under paragraph (1), the wildlife mitigation require-
ments of section 8 of the Act of April 11, 1956 (43 U.S.C. 
620g), shall be deemed to be met. 
(D) ADJUSTMENT OF BOUNDARIES.—This paragraph 
does not limit the authority of the Secretary of Agriculture 
to adjust the boundaries of the Ashley or Uipta National 
Forest pursuant to section 11 of the Act of March 1, 1911 
(commonly known as the "Weeks Law") (36 Stat. 963, chap-
ter 186; 16 U.S.C. 521). 
(4) LAND AND WATER CONSERVATION FUND.—For the pur-
poses of section 7 of the Land and Water Conservation Fund 
Act of 1965 (16 U.S.C. 4601-9), the boundaries of the Ashley 
and Uinta National Forests, as adjusted under this section, 
shall be considered to be the boundaries of the Forests as 
of January 1, 1965. 
(c) FEDERAL IMPROVEMENTS.—The Secretary of the Interior 
shall transfer to the Secretary of Agriculture jurisdiction over Fed-
eral improvements to the lands transferred under this section. 
(d) TRANSFERS FROM THE SECRETARY OF AGRICULTURE.—^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 approximately 0.34 acres. 
(e) WITHDRAWALS.—Notwithstanding subsection (a), lands 
retained by the Federal Government under this Act shall continue 
to be withdrawn from mineral entry under the United States mining 
laws. 
SEC. 7. SURVEYS. 
The Secretary of the Interior shall survey or resurvey all or 
portions of the Dutch John community as necessary— 
(1) to accurately describe parcels identified under this Act 
for transfer among agencies, for Federal disposal, or for reten-
tion by the United States; and 
(2) to facilitate future recordation of title. 
SEC. 8. PLANNING. 
(a) RESPONSIBILITY.—In cooperation with the residents of Dutch 
John, the Secretary of Agriculture, and the Secretary of the Interior, 
Daggett County, Utah, shall be responsible for developing a land 
use plan that is consistent with maintenance of the values of 
the land that is adjacent to land that remains under the jurisdiction 
of the Secretary of Agriculture or Secretary of the Interior under 
this Act. 
(b) COOPERATION.—^The Secretary of Agriculture and the Sec-
retary of the Interior shall cooperate with Daggett County in ensur-
ing that disposal processes are consistent with the land use plan 
developed under subsection (a) and with this Act. 
SEC. 9. APPRAISALS. 
(a) REQUIREMENTS.— 
Deadlines. 
(1) IN GENERAL.—^Not later than 180 days after the date 
of enactment of this Act, the Secretary of the Interior shall 
112 STAT. 3046 
PUBLIC LAW 105-326—OCT. 30, 1998 
conduct appraisals to determine the fair market value of prop-
erties designated for disposal under paragraphs (1), (2), (3), 
(5), and (7) of section 4(d). 
(2) UNOCCUPIED PLATTED LOTS.—^Not later than 90 days 
after the date of receipt by the Secretary of the Interior from 
an eligible purchaser of a written notice of intent to purchase 
an unoccupied platted lot referred to in section 4(d)(4), the 
Secretary of the Interior shall conduct an appraisal of the 
lot. 
(3) SPECIAL USE PERMITS.— 
(A) IN GENERAL.—^Not later than 90 days after the 
date of receipt by the Secretary of the Interior from a 
permit holder of a written notice of intent to purchase 
a property described in section 10(g), the Secretary of the 
Interior shall conduct an appraisal of the property. 
(B) 
IMPROVEMENTS 
AND 
ALTERNATIVE 
LAND.—^An 
appraisal to carry out subparagraph (A) may include an 
appraisal of the value of permit holder improvements and 
alternative land in order to conduct an in-lieu land sale. 
(4) OCCUPIED PARCELS.—In the case of an occupied 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 residences, structures, facilities, and existing, in-
place federally owned fixtures and furnishings necessary for 
ftill use of the property. 
(5) UNOCCUPIED PARCELS.—In the case of an unoccupied 
parcel, an appraisal under this subsection shall consider poten-
tial future uses of the parcel that are consistent with the 
land use plan developed under section 8(a) (including the land 
use map of the plan) and with subsection (c). 
(6) FUNDING.—Funds for appraisals conducted under this 
section shall be derived from the Upper Colorado River Basin 
Fund authorized by section 5 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 resi-
dence 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 expenditure of money or materials in making 
the improvements. 
(c) CURRENT USE.—An appraisal under this section shall con-
sider the current use of a property (including the use of housing 
as a community residence) and avoid uncertain 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 INTERIOR.—The Sec-
retary of the Interior— 
(i) shall consider the additional information or 
appeal; and 
PUBLIC LAW 105-326—OCT. 30, 1998 
112 STAT. 3047 
(ii) may conduct a second appraisal if the Secretary 
determines that a second appraisal is necessary. 
(e) INSPECTION.—^The Secretary of the Interior shall provide 
opportunities for other qualified, interested purchasers 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, structure, or facility 
under this Act shall be in its current condition and shall include 
the land parcel on which the building, structure, or facility 
is 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 recipient shall be respon-
sible for— 
(i) maintenance and proper care of the property; 
and 
(ii) any contamination of the property. 
(b) INFRASTRUCTURE 
FACILITIES AND LAND.—Infrastructure 
facilities and land described in paragraphs (1) and (2) of section 
4(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 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 residences, warehouses, and 
facilities of the Utah Division of Wildlife Resources described in 
section 4(d)(7) shall be conveyed, without consideration, to the Divi-
sion. 
(e) RESIDENCES AND LOTS.— 
(1) I N GENERAL.— 
(A) FAIR MARKET VALUE.—A residence and occupied 
residential lot to be disposed of under this Act shall be 
sold for the appraised fair market value. 
(B) NOTICE.—^The Secretary of the Interior shall pro-
vide local general public notice, and written notice to les-
sees 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 LESSEES.— 
(A) IN GENERAL.—Subject to subparagraph (B), the Sec-
retary of the Interior shall provide a holder of a current 
58-194 O - 98 - 10: QL 3 Part 5 
112 STAT. 3048 
PUBLIC LAW 105-326—OCT. 30, 1998 
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 i
D
y a privately owned dwelling described in 
section 4(d)(3) a period of 180 days beginning on the date 
of the written notice of the Secretary of intent of the 
Secretary to sell the residence or lot, to execute a contract 
with the Secretary of the Interior to purchase the residence 
or lot for the appraised fair 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 writing 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 Sec-
retary 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 becomes avail-
able 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 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 reclamation lease or residency in Dutch 
John. 
(ii) PRIORITY LIST.—The Secretary of the Interior 
shall compile a priority list of eligible potential pur-
chasers that is based on the length of continuous resi-
dency in Dutch John or the length of a continuous 
residence lease issued by the Bureau of Reclamation 
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 Secretary shall consider only 
that most recent continuous residency or lease. 
(iv) OTHER FACTORS.—In preparing the priority 
list, the Secretary shall not consider a factor (including 
agency employment 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 involving eligibility or 
ranking on the priority list with the Secretary of the 
Interior, acting through the Upper Colorado Regional 
PUBLIC LAW 105-326—OCT. 30, 1998 
112 STAT. 3049 
Director of the Bureau of Reclamation. The Secretary, 
acting through the Regional Director, shall consider 
the appeal and resolve the dispute. 
(C) NOTICE.—^The Secretary of the Interior shall pro-
vide 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 prop-
erties; 
(iii) instructions for potential eligible purchasers; 
and 
(iv) any purchase contract requirements. 
(D) NOTICE OF INTENT TO PURCHASE.—An eligible pur-
chaser 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 PUR-
CHASER TO PURCHASE PROPERTY.—^The Secretary of the 
Interior shall provide notice to the potential purchaser 
with the highest eligible purchaser priority for each prop-
erty that the purchaser will have the first opportunity 
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 PROPERTIES.—^No house-
hold may purchase more than 1 residential property under 
this paragraph. 
(4) RESIDUAL PROPERTY TO COUNTY.—If a residence or lot 
to be disposed of under this Act is not purchased in accordance 
with paragraph (2) or (3) within 2 years after providing the 
first notice of intent to sell under paragraph (1)(B), the Sec-
retary 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 representative from each of the 
Bureau of Reclamation, Daggett County, and the Dutch John 
community to review and provide advice to the Secretary on 
the resolution 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 sub-
section (f) in obtaining appropriate and reasonable financing 
for the purchase of a residence or lot. 
(f) UNOCCUPIED PLATTED LOTS.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
Secretary of the Interior shall make an unoccupied platted 
lot described in section 4(d)(4) available for sale to eligible 
purchasers for the appraised fair market value of the lot. 
112 STAT. 3050 
PUBLIC LAW 105-326—OCT. 30, 1998 
Applicability. 
(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 consistent with the land use plan developed under 
section 8(a). 
(3) ADMINISTRATION.—^The procedures established under 
subsection (e) shall apply to this subsection to the maximum 
extent practicable, as determined 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 provided under this subsection 
the land-use designation of the lot established under the land 
use plan developed 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 described in para-
graph (1) is not purchased in accordance 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 consideration. 
(g) SPECIAL USE PERMITS.— 
(1) SALE.—Lands on which Forest Service special use per-
mits are issued to holders numbered 4054 and 9303, Ashley 
National Forest, comprising approximately 15.3 acres and 1 
acre, respectively, may be sold at appraised fair market value 
to the holder of the permit. 
(2) ADMINISTRATION OF PERMITS.—On transfer of jurisdic-
tion of the land to the Secretary of the Interior pursuant 
to section 6, the Secretary of the Interior shall administer 
the permits under the terms and conditions of the permits. 
(3) NOTICE OF AVAILABILITY FOR PURCHASE.—^The Secretary 
of the Interior shall notify the respective 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 purchase 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 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 permittee to land under permit on 
the date of enactment of this Act. 
(6) RESIDUAL LAND TO COUNTY.—If land described in para-
graph (1) is not purchased in accordance with paragraphs (1) 
through (5) within 2 years after providing the first notice of 
PUBLIC LAW 105-326—OCT. 30, 1998 
112 STAT. 3051 
intent to sell under this subsection, the Secretary of the Interior 
shall convey the land to Daggett County without consideration, 
(h) TRANSFERS TO COUNTY.—Other land occupied by authoriza-
tion 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 mutually satis-
factory 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 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 described in para-
graph (1) is not purchased in accordance 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 consideration, 
(j) RESIDUAL PROPERTIES TO COUNTY.—The Secretary 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 consider-
ation. 
(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 pay-
ment only for water actually delivered. 
(3) EXISTING 
RIGHTS.—^Existing rights for transfer 
to 
Daggett County under this subsection include— 
(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 approved Flaming Gorge 
water right (41-2963) for municipal use in the town of 
Dutch John and surrounding areas. 
(4) CULINARY WATER SUPPLIES.—^The transfer of water 
rights under this subsection is conditioned on the agreement 
of Daggett County to provide culinary water supplies to Forest 
Service campgrounds served (on the date of enactment of this 
112 STAT. 3052 
PUBLIC LAW 105-326—OCT. 30, 1998 
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 Agriculture and the 
Secretary of the Interior shall be responsible for maintenance 
of their respective water systems from the point of the distribu-
tion lines of the systems. 
(1) 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 facilities provided and maintained under 
such a permit. 
(m) REVENUES.— 
(1) IN GENERAL.—^Except as provided in paragraph (2), all 
revenues derived from the sale of properties as authorized 
by this Act shall temporarily be deposited in a segregated 
interest-bearing trust account in the Treasury with the moneys 
on hand in the account paid to Daggett County semiannually 
to be used by the County for purposes associated with the 
provision of 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 Treasury. 
SEC. 11. VALID EXISTING RIGHTS. 
(a) AGREEMENTS.— 
(1) IN GENERAL.—If any lease, permit, right-of-way, ease-
ment, or other valid existing right is appurtenant to land con-
veyed to Daggett County, Utah, under this Act, 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 County may extend 
or terminate an agreement under paragraph (1) at the end 
of the term of the agreement. 
(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 Government under the terms of the right. 
(c) EXTINGUISHMENT OF RIGHTS.—If a right described in sub-
section (a)(1) with respect to certain land has been extinguished 
or otherwise protected, the County may dispose of the land. 
SEC. 12. CULTURAL RESOURCES. 
(a) MEMORANDA OF AGREEMENT.—Before transfer and disposal 
under this Act of any land that contains cultural resources and 
that may be eligible for listing on the National Register of Historic 
Places, the Secretary of Agriculture, in consultation with the Sec-
retary of the Interior, 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 Preserva-
tion and the Advisory Council on Historic Preservation established 
by title II of the National Historic Preservation Act (16 U.S.C. 
470i et seq.), that contains a strategy for protecting or mitigating 
adverse effects on cultural resources on the land. 
PUBLIC LAW 105-326—OCT. 30, 1998 
112 STAT. 3053 
(b) INTERIM PROTECTION.—Until such time as a memorandum 
of agreement has been approved, or until lands are disposed of 
under this Act, the Secretary of Agriculture shall provide clearance 
or protection for the resources. 
(c) TRANSFER 
SUBJECT TO AGREEMENT.—On completion of 
actions required under the memorandum of 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. 13. TRANSITION OF SERVICES TO LOCAL GOVERNMENT CONTROL. 
(a) ASSISTANCE.— 
(1) IN GENERAL.—^The Secretary of the Interior shall provide 
training and transitional operating assistance to personnel des-
ignated by Daggett County, Utah, as successors to the operators 
for the Secretary of the infrastructure facilities described in 
section 4(c). 
(2) DURATION OF TRAINING.—^With respect to an infrastruc-
ture 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 oper-
ate the facility, but not to exceed 2 years. 
(3) CONTINUING ASSISTANCE.—The Secretary shall remain 
available to assist with resolving questions about the original 
design and installation, operating and maintenance needs, or 
other aspects of the infrastructure facilities. 
(b) TRANSITION COSTS.—^For the purpose of defraying costs of 
transition in administration and provision of basic community serv-
ices, 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 Department of Labor) shall be provided 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), 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 becomes responsible for operating any of the infrastructure 
facilities referred to in subsection (a)(1) or for providing other 
basic local governmental services, the pajmtient amount for the 
year of incorporation and each following year shall be proportion-
ately divided between Daggett County and Dutch John based on 
the respective 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. 
(2) AMOUNT.—^The amount of electric power and associated 
energy made available under paragraph (1) shall not exceed 
1,000,000 kilowatt-hours per year. 
(3) RATES.—^The rates for power and associated energy 
shall be the firm capacity and energy rates of the Salt Lake 
City Area/Integrated Projects. 
112 STAT. 3054 
PUBLIC LAW 105-326—OCT. 30, 1998 
SEC. 14. AUTHORIZATION OF APPROPRIATIONS. 
(a) RESOURCE RECOVERY AND MITIGATION.—^There are author-
\ ized to be appropriated to the Secretary of Agriculture, out of 
\nonpower revenues to the Federal Government from land trans-
ferred under this Act, such sums as are necessary to implement 
such habitat, sensitive resource, or cultural resource recovery, miti-
gation, or replacement strategies as are developed with respect 
to land transferred under this Act, except that the strategies may 
not include acquisition of privately owned lands in Daggett County. 
(b) OTHER SUMS.—In addition to sums made available under 
subsection (a), there are authorized to be appropriated such sums 
as are necessary to carry out this Act. 
Approved October 30, 1998. 
LEGISLATIVE HISTORY—S. 890 (H.R. 2108): 
HOUSE REPORTS: No. 105-714 accompanying H.R. 2108 (Comm. on Resources). 
SENATE REPORTS: No. 105-264 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Oct. 2, considered and passed Senate. 
Oct. 8, considered and passed House.