II
113th CONGRESS
1st Session
S. 510
IN THE SENATE OF THE UNITED STATES
March 7, 2013
Mr. Hatch introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To authorize the Secretary of the Interior to convey certain interests in Federal land acquired for the Scofield Project in Carbon County, Utah.
Short title
This Act may be cited as
the
Scofield Land Transfer
Act
.
Definitions
In this Act:
Claimant
The term claimant means any person or entity that, according to the records in the office of the Recorder for Carbon County, Utah, as of the date of enactment of this Act, claims title to, or an interest in, the Federal land.
Federal land
The term Federal land means the land acquired by Price River Water Conservation District and transferred to the United States for use in the construction and operation of Scofield Dam and Reservoir located between the normal water surface elevation and the property boundary elevation in the Scofield Reservoir basin.
Flood surcharge elevation
The term flood surcharge elevation means the elevation of 7640.3 in the North American Vertical Datum of 1988, which corresponds to the elevation of the crest of Scofield Dam.
Fund
The
term Fund
means the Scofield Reservoir Fund established by
section 3(b)(7)(A).
Life estate
The term life estate means—
if the claimant is a person, an interest of the claimant in the Federal land that will revert to the United States on the date of the death of the claimant; and
if the claimant is an entity, an interest in the Federal land of a person designated by the claimant that will revert to the United States on the date of the death of the designated person.
Normal water surface elevation
The term normal water surface elevation means the contour elevation of 7621.8 in the North American Vertical Datum of 1988, which corresponds to the elevation of the crest of the spillway of Scofield Dam.
Property boundary elevation
The term property boundary elevation means the contour elevation 7630, as surveyed by McGonagle and Ulrich, Land Surveyors, in 1926, which was transmuted to the current elevation of 7638.9 in the North American Vertical Datum of 1988 and which corresponds to 1.4 vertical feet below the crest of Scofield Dam.
Secretary
The term Secretary means the Secretary of the Interior.
Structure
In general
The term structure
means a residence of a
claimant in existence on the date of enactment of this Act.
Inclusion
The
term structure
includes infrastructure associated with the
residence, including water, power, sewer, and roads.
Conveyance of Scofield project land
Survey; notification
As soon as practicable after the date of enactment of this Act, the Secretary shall—
complete a full physical and title survey of the Federal land and any other related land in and around the Scofield Reservoir Basin; and
attempt to notify each of the claimants of the trespass or encroachment on the Federal land by the applicable claimant, including the existence of any trespassing or encroaching structures of the claimant.
Authorization To convey Federal land
In general
To resolve the issues of trespass and encroachment on the Federal land by the claimants, the Secretary may, on election by the claimant in accordance with paragraph (5)—
convey to a claimant fee interest in the claimed portion of the Federal land that is located above the normal water surface elevation, subject to paragraph (2); or
grant to a claimant a life estate permitting the continued occupation of the claimed portion of the Federal land above the normal water surface elevation, subject to paragraph (3).
Conveyance requirements
A conveyance under paragraph (1)(A) shall be subject to—
the claimant paying to the Secretary the fair market value of the fee interest in the claimed portion of the Federal land, exclusive of the value of any structures;
the United States retaining a flood easement over the entire portion of Federal land conveyed; and
deed restrictions requiring that—
to prevent any structure on the portion of the Federal land conveyed from being displaced during a flood event, the claimant—
secure or tie down the structure;
rebuild the structure with the same footprint as the original structure; or
repair the structure; and
all activities carried out by the claimant under clause (i) with respect to a structure be carried out in accordance with—
the International Building Code (as adopted by Utah Administrative Code R156–56); or
any other building code or engineering standard that is—
similar to the International Building Code;
widely used; and
nationally recognized.
Life estate requirements
A life estate granted under paragraph (1)(B) shall be subject to—
the claimant paying to the Secretary the fair market value of the life estate on the claimed portion of the Federal land;
provisions under which the claimant agrees to hold the United States harmless for all claims arising from the design, construction, operation, or replacement of Scofield Dam and Reservoir; and
provisions requiring the claimant to secure or tie down all structures on the portion of Federal land conveyed to prevent the structures from being displaced during a flood event in accordance with a code described in clause (i) or (ii) of paragraph (2)(C).
Compliance with environmental laws
In general
Before conveying the Federal land under paragraph (1)(A) or granting a life estate under paragraph (1)(B), the Secretary shall comply with all applicable requirements under—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
any other applicable law.
Effect
Nothing in this Act modifies or alters any obligations under—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
Deadline for election
Not later than 5 years after the date of enactment of this Act, each of the claimants shall notify the Secretary in writing of whether the claimant opts to receive—
a fee interest in the claimed portion of the Federal land, in accordance with paragraph (1)(A); or
a life estate in the claimed portion of the Federal land, in accordance with paragraph (1)(B).
Failure to notify Secretary
In general
If a claimant fails to submit to the Secretary a notice of an election in accordance with paragraph (5), any future claim by the claimant with respect to the Federal land shall be extinguished.
Quiet title
On extinguishment of the claim under subparagraph (A), the Secretary shall take such action as is necessary to quiet title to the applicable portion of the Federal land, including removal of persons, entities, structures, and materials encumbering the applicable portion of the Federal land.
Trust fund
Establishment
There
is established in the Treasury of the United States a fund to be known as the
Scofield Reservoir Fund
, to be administered by the Secretary and
to be available, without fiscal year limitation, for providing enhanced
recreation opportunities at Scofield Reservoir.
Transfers to fund
There shall be deposited in the Fund any amounts received as consideration for a conveyance under paragraph (2)(A) or a granting of a life estate under paragraph (3)(A).
Report
Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that—
describes the status of any activities authorized under this Act;
describes any obstacles to completing any outstanding transfers of title or grants of life estates;
specifies an anticipated date for completion of any outstanding transfers of title or grants of life estates; and
describes efforts to quiet title to any portion of the Federal land to which a claimant did not submit an election under section 3(b)(5).
