< Back to H.R. 3486 (104th Congress, 1995–1996)

Text of To dispose of certain Federal properties at Dutch John, Utah, assist local government in the interim delivery of basic services ...

...of basic services to the Dutch John community, and for other purposes.

This bill was introduced on May 16, 1996, in a previous session of Congress, but was not enacted. The text of the bill below is as of May 16, 1996 (Introduced).

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HR 3486 IH

104th CONGRESS

2d Session

H. R. 3486

To dispose of certain Federal properties at Dutch John, Utah, assist local government in the interim delivery of basic services to the Dutch John community, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

May 16, 1996

Mr. ORTON introduced the following bill; which was referred to the Committee on Resources


A BILL

To dispose of certain Federal properties at Dutch John, Utah, assist local government in the interim delivery of basic services to the Dutch John community, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. FINDINGS AND PURPOSES.

    (a) FINDINGS- The Congress finds that:

      (1) Dutch John, Utah was founded by the United States Department of the Interior’s Bureau of Reclamation in 1958 on Reclamation lands as a community to house personnel, administrative offices, and equipment for project construction and operation of Flaming Gorge Dam and Reservoir as authorized by the Colorado River Storage Act. Permanent structures including houses, administrative offices, equipment storage and maintenance buildings, and other public buildings and facilities were constructed and continue to be owned and maintained by the Bureau of Reclamation.

      (2) Reclamation lands surrounding Flaming Gorge Reservoir, including the Dutch John townsite, were included within the boundaries of the Flaming Gorge National Recreation Area (NRA) in 1968 under Public Law 90-540. The Act gave administration, protection and development of the National Recreation Area to the Secretary of Agriculture (acting through the United States Forest Service) 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 (acting through the Bureau of Reclamation). Most structures within Dutch John, including the community’s schools and public buildings occupy lands administered by the United States Forest Service.

      (3) The Bureau of Reclamation and the United States Forest Service are unnecessarily burdened with costs of continuing to provide basic services, facilities and building maintenance, and administrative costs of operating the community of Dutch John. Certain structures and lands are no longer essential to management of the project or to management of the National Recreation Area.

      (4) Residents of the community are interested in purchasing the homes they currently rent from the Bureau of Reclamation and the land upon which they were built. Daggett County, Utah (County) is interested in reducing the financial burden it experiences in providing local government support services to a community which produces little direct tax revenue due to Federal ownership. A withdrawal of the Federal Government’s role of providing basic direct community services to Dutch John would require local government to provide such services and at substantial cost.

      (5) Residents are interested in self-government of their community. With growing demands for additional commercial recreation services for National Recreation Area and Ashley National Forest visitors, there are opportunities for private economic development, but few private lands are available for such use.

      (6) The privatization and disposal to local government of certain lands in and surrounding Dutch John would be in the public’s interest.

    (b) PURPOSES- The purposes of this Act are to privatize certain lands in and surrounding Dutch John; transfer jurisdiction of certain Federal property between the Secretary of the Interior and the Secretary of Agriculture; complement the Flaming Gorge National Recreation Area; dispose of certain residential units, public buildings, and facilities; and provide interim financial assistance to local government to defray costs of providing basic governmental services in order to achieve efficiencies in operation of Flaming Gorge Dam and Reservoir and the National Recreation Area, reduce long-term Federal outlays, and serve the interests of the residents of Dutch John, the County of Daggett, and the general public.

SEC. 2. LANDS AND PROPERTIES FOR DISPOSAL.

    (a) IN GENERAL- Certain lands, structures, and community infrastructure facilities at Dutch John, Utah, which have been identified by the Secretary of Agriculture, acting through the United States Forest Service, or the Secretary of the Interior, acting through the Bureau of Reclamation, as no longer necessary for support of the respective missions of the agencies, shall be transferred or disposed as provided by this Act.

    (b) LAND DESCRIPTION- The following described lands, comprising 2,450 acres more or less, within or associated with the Dutch John community, having been determined as available for transfer or disposal by the Secretaries of the Interior and Agriculture, shall be disposed as provided by this Act, except for properties and land, 75 acres more or less, to be retained and as specifically excluded by subsection (e):

      Salt Lake Base and Meridian:

        Township 2 North, Range 22 East:

          Section 1: NW 1/4 NW 1/4 ; S 1/2 NW 1/4 ; S 1/2

          Section 2: S 1/2

          Section 11: All

          Section 12: All

          Section 13: N 1/2

          Section 14: E 1/2 NE 1/4

        Township 2 North, Range 23 East:

          Section 3: 10 acres more or less within NE 1/4 SW 1/4

    (c) INFRASTRUCTURE FACILITIES- Community infrastructure facilities, having been determined as available for transfer or disposal by the Secretaries of the Interior and Agriculture, unless otherwise specifically excluded by subsection (e), shall be disposed of including each of the following:

      (1) Fire station, sewer systems and sewage lagoons, water systems except as provided in section 2(e)(3), post office, electrical and natural gas distribution systems, hospital building, streets, street lighting, alleys, sidewalks, parks, and community buildings located within or serving Dutch John, including, but not limited to fixtures, equipment, land, easements, rights-of-way or other property primarily used for operation, maintenance, replacement, or repair of the foregoing.

      (2) The Dutch John Airport comprising 25 acres, more or less, including runways, roads, rights-of-way, and all appurtenances thereto, and subject to appropriate monitoring and any remedial action as may be necessary by the United States.

      (3) The lands upon which are located the Dutch John public schools comprising 10 acres more or less.

    (d) OTHER PROPERTIES- Other properties and facilities, having been determined as available for transfer or disposal by the Secretaries of the Interior and Agriculture, shall be disposed under this Act including each of the following:

      (1) Certain currently occupied residential units as determined by the Bureau of Reclamation.

      (2) Certain currently unoccupied residential units as determined by the Bureau of Reclamation.

      (3) Lots within Dutch John community, currently occupied by privately owned modular homes under a lease agreement with the Bureau of Reclamation.

      (4) Unoccupied platted lots within Dutch John community.

      (5) The land, 3.8 acres more or less, upon which is located a Latter Day Saints church, Block 9, Townsite of Dutch John.

      (6) The lands upon which the United States Forest Service has issued special use permits, easements, or rights-of-way for commercial uses.

      (7) The lands upon which are located the offices, 3 employee residences, and facilities of the Utah Division of Wildlife Resources, to be accurately described by survey as directed under section 5, to generally include those yards and grounds defined by existing fences.

      (8) Lands within or adjacent to the Dutch John townsite, to be identified and mutually agreed to by Daggett County, the United States Forest Service, and the Bureau of Reclamation, suitable for construction, development, and use of a community-use solid waste transfer point of similar acreage as the existing landfill site.

      (9) Such existing and in-place fixtures and furnishings mutually determined by Daggett County, the United States Forest Service, and the Bureau of Reclamation as necessary to the full use of properties or facilities to be disposed.

      (10) Such other properties or facilities at Dutch John for which the Bureau of Reclamation or the United States Forest Service, now or in the future, may determine are no longer necessary to achieve their respective missions and whose disposal would be consistent with the findings and provisions of this Act.

    (e) RETAINED PROPERTIES- Certain lands, structures, and facilities shall be retained by the Bureau of Reclamation or the United States Forest Service for their respective use until or unless they are determined to be available for disposal including each of the following:

      (1) All buildings and improvements located within Reclamation’s industrial complex including, but not limited to a maintenance shop, 40 industrial garages, 2 warehouses, equipment storage building,

flammable equipment storage building, and hazardous waste storage facility and the real estate upon which they are located.

      (2) Seventeen residences, 15 remaining in the jurisdiction of the Bureau of Reclamation and 2 remaining in the jurisdiction of the United States Forest Service.

      (3) The Dutch John water system raw water supply line and return line between the powerplant and the water treatment plant, pumps and pumping equipment, and any appurtenances and rights-of-way thereto, with such retained facilities to be operated and maintained by the United States with pumping costs and operation and maintenance costs of the pumps to be included as a cost to Daggett County in a water service contract.

      (4) The Dutch John Landfill site, which will remain under United States Forest Service jurisdiction and which will be subject to appropriate monitoring and any remedial action as may be necessary by the United States with responsibility for monitoring and remediation being shared by the United States Forest Service and the Bureau of Reclamation proportionate to their historical use of the facility.

      (5) Heliport and associated real estate, consisting of 20 acres more or less, which will remain in the jurisdiction of the United States Forest Service.

      (6) United States Forest Service warehouse complex and associated real estate, consisting of approximately 2 acres, which will remain in the jurisdiction of the United States Forest Service.

      (7) United States Forest Service office complex and associated real estate, which will remain in the jurisdiction of the United States Forest Service.

SEC. 3. REVOCATION OF WITHDRAWALS.

    For those lands to be transferred or disposed under section 2, each of the following withdrawals are hereby revoked, effective on the date of conveyance by Quitclaim Deed out of Federal ownership:

      (1) Public Water Reserve No. 16, Utah No. 7, dated March 9, 1914.

      (2) Secretary of the Interior Order dated October 20, 1952.

      (3) Secretary of Interior Order dated July 2, 1956, No. 71676.

      (4) Flaming Gorge National Recreation Area dated October 1, 1968 (Public Law 90-540).

      (5) Dutch John Administrative Site, dated December 12, 1951 (PLO 769, U-0611).

SEC. 4. TRANSFER OF JURISDICTION.

    (a) TRANSFERS FROM UNITED STATES FOREST SERVICE- Except for lands to be retained by the United States Forest Service under section 2(e), all lands designated under section 2 for disposal and lands designated for Federal retention under section 2(e) shall be transferred from the jurisdiction of the Department of Agriculture to the Bureau of Reclamation and the Department of the Interior and removed from inclusion in the Ashley National Forest and the Flaming Gorge National Recreational Area. The United States Forest Service shall continue to administer and be responsible for management of any United States Forest Service-issued special use permits or United States Forest Service facilities or improvements on lands to be disposed until such time as the subject lands are conveyed out of Federal ownership.

    (b) FEDERAL IMPROVEMENTS- The Secretary of the Interior is authorized to transfer to the Secretary of Agriculture jurisdiction over Federal improvements to be used by the United States Forest Service.

    (c) WITHDRAWALS- Notwithstanding the provisions of subsection (a), those lands retained by the Federal Government will continue to be withdrawn from mineral entry under the United States mining laws and subject to provisions of section 5 of the Act of 1968 (Public Law 90-540), establishing the Flaming Gorge National Recreation Area.

SEC. 5. SURVEYS.

    The Secretary of the Interior, in cooperation with the Secretary of Agriculture, is directed to survey or resurvey all or portions of the Dutch John Community as may be necessary to accurately describe parcels identified for transfer among agencies, for Federal disposal, or for retention by the United States, and to facilitate future recordation of title.

SEC. 6. PLANNING.

    The Dutch John Community Plan, prepared in cooperation with the residents of Dutch John, the Bureau of Reclamation, and the United States Forest Service, will be recognized by the Bureau of Reclamation and the United States Forest Service as an indication of potential future land use. The Bureau of Reclamation and the United States Forest Service will cooperate with Daggett County in assuring that disposal processes are consistent with that plan and this Act.

SEC. 7. APPRAISALS.

    (a) IN GENERAL- Within 6 months after the enactment of this Act, the Secretary of the Interior shall conduct appraisals to determine fair market value of those properties designated for disposal under paragraphs (1),

(2), (3), (5), and (7) of section 2(d). Appraisals shall be conducted for unoccupied platted lots referred to in section 2(d)(4) within 3 months of receipt by the Secretary of the Interior from an eligible purchaser of a written notice of intent to purchase the lot concerned. Appraisals shall be conducted for lands and properties described under section 8(g) within 3 months of receipt by the Secretary of the Interior from the permit holder of a written notice of intent to purchase. Appraisals for implementation of that subsection may include permit-holder improvements and alternative land in order to conduct an in lieu land sale. Funds for such appraisals shall be derived from the Upper Colorado River Basin Fund. For occupied parcels, appraisals shall include 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 full use of the property. For vacant parcels, appraisals will consider potential future uses consistent with the Dutch John Community Plan referenced in section 6 and that Plan’s land use map and subsection (c).

    (b) RECLAMATION FOR IMPROVEMENTS- Appraisals of residences or structures and facilities leased for private use shall deduct the contributory value of improvements made by the current occupant or lessee if such occupant or lessee provides reasonable evidence of expenditure of monies or materials in making such improvements.

    (c) CURRENT USE- Appraisals shall consider current use of properties, housing as community residences, and avoid uncertain speculation as to potential future use.

    (d) REVIEW- Appraisals shall be made available by the Secretary of the Interior for review by current occupants or lessees who may provide additional information or protest the findings of the appraisal in writing to the Bureau of Reclamation’s Upper Colorado Regional Director. The Bureau of Reclamation will consider such comments or protests and is authorized to conduct a second appraisal if deemed necessary to resolve issues.

    (e) INSPECTION- The Secretary of the Interior shall provide opportunities for other qualified, interested, purchasers to inspect completed appraisals.

SEC. 8. DISPOSAL OF PROPERTIES.

    (a) CONVEYANCES- The Secretary of the Interior shall dispose of properties identified for disposal in section 2, except for properties identified for retention by the United States Forest Service in section 2(e), without regard to law governing patenting. Unless specifically stated otherwise, conveyance of buildings, structures, and facilities is ‘as is’ and is intended to include the land parcel upon which they are situated. Existing and in-place fixtures and furnishings necessary for the full use of the properties or facilities will be conveyed along with the property. The Secretary of the Interior shall assure reasonable and prudent maintenance and proper care of property to be disposed until title has passed. Recipients will be responsible for maintenance and proper care of property after title has passed. Recipients shall also be responsible for contamination of property which occurs after title has passed.

    (b) INFRASTRUCTURE- Community infrastructure facilities as described under section 2(c)(1) and (2) shall be conveyed without consideration to the County of Daggett, Utah.

    (c) SCHOOL- The lands upon which are located the Dutch John Public School, section 2(c)(3), shall be conveyed without consideration to the Daggett County School District.

    (d) SOLID WASTE TRANSFER STATION- Lands selected for use as a solid waste transfer point as described in section 2(d)(8) shall be conveyed without consideration to Daggett County.

    (e) OFFICES, ETC- Lands upon which are located the Utah Division of Wildlife Resources’ offices, 3 employee residences, warehouse, and facilities described in section 2(d)(7) shall be conveyed to the Utah Division of Wildlife Resources upon payment to reclamation of appraised fair market value. The Secretary of the Interior shall notify the Division in writing of the property’s availability for purchase. Should no contract for sale be received by the Secretary of the Interior within 2 years of notification, the land shall be conveyed without consideration to Daggett County.

    (f) RESIDENCES AND LOTS- (1) Residences and occupied residential lots to be disposed shall be sold for appraised fair market value. The Secretary of the Interior shall provide local general public notice and provide written notice to its lessees and to current occupants of residences and of occupied residential lots for disposal of its intent to sell such properties.

    (2) The holder of a current lease from the Secretary of the Interior for a residence to be sold (section 2(d)(1) and (2)) or for a residential lot currently occupied by a privately owned dwelling (as described in section 2(d)(3)), shall be provided 6 months from the date of the Secretary’s written notice of intent to sell to execute a contract with the Secretary of the Interior to purchase such residence or lot for appraised fair market value. The lessee shall have 3 months in which to notify the Secretary in writing of intent to purchase. If no written notification of intent to purchase is received by the Secretary within

3 months, or if a purchase contract has not been signed within 6 months, the residence or lot shall become available for purchase by others under paragraph (3).

    (3) Current authorized occupants of residences to be sold, holders of a current reclamation lease for a residence within Dutch John, employees of the Bureau of Reclamation or the United States Forest Service currently residing in Dutch John, or other Federal agency mission-supporting individuals residing in Dutch John are eligible to purchase those resident properties which are not under reclamation lease and are designated for disposal by sale or those properties under paragraph (2) for which no intent to purchase or purchase contract was received within the established time period. Priority for purchase of properties available for purchase under this subsection shall be by seniority of reclamation lease or residency in Dutch John.

      (A) The Secretary of the Interior shall compile a priority list of eligible potential purchasers with the household or agency with the longest continuous residency or reclamation issued residence lease in Dutch John first, followed by the household or agency with the next longest continuous residency or lease and so on until all eligible purchasers are ranked numerically by seniority. If residency or continuous lease was interrupted, only that most recent continuous residency or lease shall be considered. No factor, including agency employment or position, other than length of current residency or lease will be considered in preparing the priority list. Disputes over eligibility or ranking on the priority list shall be filed in writing with the Secretary of the Interior, acting through the Upper Colorado Regional Director of the Bureau of Reclamation who shall consider such information or dispute and make a determination to resolve the dispute. The Regional Director is authorized to appoint a nonfunded Advisory Committee comprised of one representative each from the Bureau of Reclamation, Daggett County, and the Dutch John community to review and provide advice to him on resolution of disputes arising under subsections (f) and (g).

      (B) The Secretary of the Interior shall provide general public notice and written notice by certified mail to eligible purchasers listing properties available for purchase under this subsection, their appraised fair market value, instructions for potential eligible purchasers, and any purchase contract requirements. Eligible purchasers shall have 3 months after receipt of written notification to submit to the Secretary of the Interior a written notice of intent to purchase a specific available property at the listed appraised fair market value. The Secretary of the Interior shall provide notice to the potential purchaser with the highest eligible purchaser priority for each property that it will have first opportunity to execute a sales contract and purchase said property.

      (C) Should no purchase contract be executed by the highest priority purchaser within 6 months, the property shall be put up for sale to those remaining on the eligible purchaser priority list.

      (D) No household may purchase more than one residential property.

      (E) The Secretary of the Interior shall provide advice to potential purchasers under subsections (f) and (g) in obtaining appropriate and reasonable financing for residence or lot purchase.

      (F) Those residence properties which are made available for sale and for which a purchase contract has not been signed within 2 years of the first intent of sale notice will be conveyed without consideration to Daggett County.

    (g) UNOCCUPIED PLATTED LOTS- Unoccupied platted lots as described in section 2(d)(4) shall be made available for sale to eligible purchasers for appraised fair market value, except for lots which the Secretary of the Interior may convey, upon request from Daggett County, directly to the County without consideration and specifically for public use purposes which are consistent with the Dutch John Plan. For lots to be sold, procedures for eligibility, priority, notification, notice of intent to purchase, purchase contract execution, and reoffer for sale under subsection (f) shall be applied. For each parcel, notification will include the Dutch John Community Plan land-use designation as referenced in section 6. No household may purchase more than one residential lot. No household purchasing an existing residence may purchase a ‘single home, residential’ lot. Those lots made available for sale and for which no purchase contract has been signed within 2 years of first notice of intent to sell will be conveyed without consideration to Daggett County.

    (h) SPECIAL USE PERMITS- Lands upon which United States Forest Service special use permits are issued to holders number 4054 and 9303, Ashley National Forest, comprising 15.3 acres and 1 acre respectively, may be sold at appraised fair market value to the holder of the permit. The Secretary of the Interior shall notify the respective permit holders in writing of the availability for purchase of the subject property. Appraisals of the properties shall not be conducted until a written notice of intent to purchase has been received by the Secretary of the

Interior within 2 years of notification, the land concerned shall be conveyed without consideration to the County subject to execution of agreements as provided under subsection (i) and section 9. Upon request by permit holder 9303, the Secretary of the Interior, in consultation with the County, may consider sale of a parcel within the townsite of similar size and appraised value in lieu of the land currently under permit and may provide the holder credit toward purchase or other negotiated compensation for the appraised value of permittee’s improvements to land currently under permit.

    (i) TRANSFERS TO COUNTY- Other lands occupied by authorization of a United States Forest Service special use permit, easement, or right-of-way shall be transferred to the County, provided the holder of the authorization and the County agree to and execute a legal document that grants the holder the rights and privileges provided in the existing United States Forest Service authorization or as otherwise satisfactory to the holder and the County, prior to transfer of said lands to the County.

    (j) CHURCH- Land upon which is located any established church shall be sold at appraised fair market value to the parent entity of that church. The Secretary of the Interior shall notify the church in writing of the property’s availability for purchase. Should no contract for sale be received by the Secretary of the Interior within 2 years of notification, the land shall be conveyed without consideration to Daggett County.

    (k) OTHER PROPERTIES- All other lands, buildings, or facilities designated for disposal will be conveyed without consideration to Daggett County.

    (l) WATER RIGHTS- The Secretary of the Interior shall transfer all water rights it holds that are applicable to the Dutch John municipal water system to Daggett County. Transfer of rights and water supply is contingent upon Daggett County entering into a water service contract with the Secretary of the Interior covering payment for and delivery of untreated water to Daggett County pursuant to the Colorado River Storage Act. Such contract will require payment only for that water actually delivered. Existing rights and water supply for transfer to Daggett County include, but may not be limited to both of the following:

      (1) Utah Water Right 41-2942 (A30557, Cert #5903) for 0.08 cubic feet per second from a water well; and

      (2) Utah Water Right 41-3470 (A30414b), an unapproved application to segregate 12,000 acre-feet per year of water from the original approved Flaming Gorge water right (41-2963) for municipal use in the town of Dutch John and surrounding areas.

    Such transfer of water rights is conditioned upon Daggett County’s agreement to provide culinary water supplies to United States Forest Service campgrounds currently served by the water supply system and to United States Forest Service and Bureau of Reclamation facilities at a rate equivalent to other similar uses. The United States Forest Service and the Secretary of the Interior shall be responsible for maintenance of their water systems from the point of their distribution lines.

    (m) SHORELINE ACCESS- Upon receipt of an 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.

    (n) REVENUES- All revenues derived from the sale of properties as authorized by this Act shall temporarily be deposited in a segregated interest-bearing trust account in the United States Treasury with the monies on hand in the account paid to Daggett County semiannually to be used by the County for purposes associated with the provision of governmental and community services to the community of Dutch John.

SEC. 9. VALID EXISTING RIGHTS.

    Should any leases, permits, rights-of-way, easements, or any other valid existing rights be appurtenant to properties conveyed to the County, the County shall honor and enforce the rights, through a legal document agreed to and executed by the County and the holder prior to the transfer of said lands to the County. The County may extend or terminate the agreement at the end of its term. During such period as the County is enforcing a former federally issued right through a legal agreement between the County and the permit holder, the County will collect and enjoy the benefit of any revenues previously due the Federal Government under the terms of the right. If the valid existing right has been extinguished or otherwise protected, the County may dispose of the subject property.

SEC. 10. ENVIRONMENTAL CONSIDERATIONS AND WAIVERS OF PUBLIC LAW.

    (a) SENSITIVE RESOURCES- The Secretary of Agriculture, acting through the United States Forest Service in cooperation with the Secretary of the Interior, acting through the Bureau of Reclamation and the United States Fish and Wildlife Service, shall conduct threatened and endangered species clearances, and other environmental

reviews, identify sensitive resources, and, if deemed necessary by the Secretary of Agriculture and the Secretary of the Interior, formulate mitigation strategies to minimize potential effects to such resources on those lands to be disposed. The Secretary of the Interior, the Secretary of Agriculture, the State of Utah, and Daggett County shall negotiate implementation of such strategies to protect sensitive resources in a manner which is consistent with the purposes of this Act.

    (b) CULTURAL RESOURCES- Prior to transfer and disposal of any lands upon which are found cultural resources which may be eligible for recordation in the National Register of Historic Places, the Secretary of Agriculture, in consultation with the Utah Office of Historic Preservation and Daggett County, shall prepare a Memorandum of Agreement (MOA), for review and approval by the Utah Office of Historical Preservation and the National Advisory Council on Historic Preservation, which shall set forth a strategy for clearance or protection of cultural resources on affected lands. Until such time that a Memorandum of Agreement has been approved, or until lands are disposed as provided by this Act, the Secretary of Agriculture shall act diligently in proceeding to provide clearance or protection to such resources. For any cultural resources for which protection, clearance, or other actions identified in the Memorandum of Agreement have not been completed at time of disposal, Daggett County shall provide to the Secretary of Agriculture a written agreement to complete such actions provided for in the Memorandum of Agreement.

    (c) FLPMA- Disposal, sale, and conveyance of lands and property under this Act shall be completed notwithstanding the provisions of sections 202 and 203, title II, of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712 and 1713) and other laws applicable to the sale or disposal of Federal property.

    (d) NEPA- For purposes of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4332), the Secretary shall prepare an environmental assessment regarding the disposal, sale, and conveyance of lands and property under this Act .

SEC. 11. TRANSITION TO LOCAL GOVERNMENT CONTROL/SERVICES AND FUNDING AUTHORIZATION.

    (a) ASSISTANCE- The Secretary of the Interior shall provide training and transitional operating assistance to personnel designated by Daggett County as successors to the Secretary’s operators of those infrastructure systems and facilities described under section 2(c). Such training shall continue so long as necessary to demonstrate reasonable capability to safely and efficiently operate systems, but not to exceed 2 years. The Secretary shall remain available to assist with resolving questions about systems’ original design and installation, operating and maintenance needs, or other system issues.

    (b) SOLID WASTE- The Secretary of Agriculture, in cooperation with the Secretary of the Interior and Daggett County, shall design, construct, and prepare for operation a community-use solid waste transfer point on lands noted in section 2(d)(8) and section 8(c). The facility shall comply with pertinent local, State, and Federal standards and regulations, and upon completion, shall be conveyed without consideration to Daggett County.

    (c) ANNUAL GRANT- An annual grant of $500,000, adjusted annually corresponding to the Consumer Price Index, shall be provided from the Upper Colorado River Basin Fund to Daggett County and/or incorporated Dutch John for a period not to exceed 15 years for the purposes of defraying costs of transition in administration and provision of basic community services.

    (d) DIVISION OF GRANT- Should Dutch John be incorporated and become responsible for operating any of the disposed infrastructure facilities or for providing other basic local governmental services, the grant amount for the year of incorporation and each succeeding year shall be proportionately divided between Daggett County and Dutch John Town based upon the costs in the previous year in providing the respective governmental services.

    (e) ENERGY- The United States shall make available electric power and associated energy from the Colorado River Storage Project for the Dutch John community. The amount of energy available shall not exceed 1,000,000 Kwh per year. The rate for power and associated energy will be at the firm capacity and energy rates of the Salt Lake City Area/Integrated Projects. Power and energy provided to the industrial complexes of the Bureau of Reclamation and the United States Forest Service shall be at cost.

    (f) RESOURCE RECOVERY AND MITIGATION- Such nonpower revenues are authorized to be appropriated to the United States Forest Service as may be necessary for implementation of habitat, sensitive resource, or cultural resource recovery, mitigation, or replacement strategies, but not to include acquisition of privately owned lands in Daggett County, which may be developed as per section 10(a) of this Act.

    (g) SOLID WASTE- Such nonpower revenues are authorized to be appropriated to the Secretary of Agriculture as may be necessary for design, construction, and development of a solid waste transfer point to serve the community of Dutch John.

    (h) AUTHORIZATION- There is authorized to be appropriated such other sums as may be necessary to carry out the purposes of this Act.