S. 14 — Introduced in Senate

II 114th CONGRESS 1st Session S. 14 IN THE SENATE OF THE UNITED STATES January 6, 2015Mr. 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. 1. Short title This Act may be cited as the Scofield Land Transfer Act. 2. Definitions In this Act: (1) Carbon County The term Carbon County means Carbon County, Utah, within which the Scofield Reservoir property is located. (2) Claimant The term claimant means any person or entity (or a successor in interest to a person or entity) that, according to the records in the office of the Recorder for Carbon County, as of the date of enactment of this Act, claims title to, or an interest in, the Federal land. (3) Federal land (A) In general 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. (B) Exclusions The term Federal land does not include— (i) any mineral or subsurface rights to the land described in subparagraph (A); or (ii) the 205 acres of land adjoining the Scofield Reservoir, as adjudicated in the case styled United States v. Dunn (557 F.3d 1165 (10th Cir. 2009)). (4) 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. (5) Fund The term Fund means the Scofield Reservoir Fund established by section 3(d)(9)(A). (6) Life estate The term life estate means— (A) 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 (B) 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. (7) 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. (8) 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. (9) Roads The term Roads means the streets, improved and unimproved, as in existence on the date of enactment of this Act, that— (A) are located on the Federal land; (B) are intended for public access via motorized vehicle to the Federal land claims of the claimants; and (C) extend to the shoreline of Scofield Reservoir. (10) Secretary The term Secretary means the Secretary of the Interior. (11) Structure (A) In general The term structure means any improvement located on the property of a claimant, as in existence on the date of enactment of this Act, including— (i) a residence; (ii) a shed; (iii) a workshop; (iv) a garage; (v) a carport; (vi) a deck; (vii) a boathouse; or (viii) an incidental building. (B) Inclusion The term structure includes any infrastructure associated with a residence that is not owned by a public or private utility, including water, power, sewer, and improvements to Roads. 3. Conveyance of Scofield project land (a) Survey (1) In general To facilitate the conveyance of the Federal land under this Act, it shall be the responsibility of Carbon County— (A) to enter into an agreement with the Secretary to pay the costs associated with a full physical and title survey of the Federal land in order to delineate the boundaries associated with the Federal land, Federal easements, or other Federal interests in land; and (B) subject to paragraph (2), to initiate and complete a full physical survey of the Roads and the parcels located within the Federal land that are eligible to be conveyed to the claimants, and, in any case in which a land description or record of ownership in any record of Carbon County conflicts with a claim of a claimant with regard to an existing physical feature or facility, propose boundaries and land descriptions to resolve the dispute. (2) Unresolved disputes (A) In general If a claim to a parcel or portion of a parcel of Federal land cannot be resolved in accordance with the applicable land description in the records of Carbon County by the applicable deadline for an election under subsection (d)(6), the claimant shall stipulate to, accept, and submit to the Secretary the land description developed by Carbon County to resolve the dispute in order to meet the election requirement of subsection (d)(6) by not later than 180 days after that deadline. (B) Failure to stipulate and accept If a claimant fails to stipulate to and accept the land description of Carbon County by the date described in subparagraph (A), the authority to convey the affected parcel or portion of a parcel of Federal land pursuant to this section shall be terminated with respect to the disputed claim. (b) Appraisal (1) In general As a condition of the conveyance under this section, Carbon County shall enter into an agreement with the Secretary to pay the costs associated with an appraisal of the fair market value of each property interest requested by a claimant relating to the conveyance by the Secretary under this Act. (2) Determination of fair market value The fair market value of a property interest under paragraph (1) shall be determined by the Secretary in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practices. (c) Notification It shall be the responsibility of Carbon County to notify each claimant of any trespass or encroachment by the applicable claimant on the Federal land, including the existence of any trespassing or encroaching structure of the claimant. (d) Authorization To convey Federal land (1) In general To resolve the issues of trespass and encroachment on the Federal land by the claimants, the Secretary may, in accordance with paragraphs (5) and (6)— (A) on an election by a claimant— (i) subject to paragraph (2), convey to the claimant fee interest in the claimed portion of the Federal land that is located above the normal water surface elevation, as determined by the results of the survey required under subsection (a), subject to all valid rights-of-way, licenses, and easements in existence on the date of enactment of this Act; or (ii) subject to paragraph (3), grant to the claimant a life estate permitting the continued occupation of the claimed portion of the Federal land above the normal water surface elevation, as determined by the results of the survey required under subsection (a), subject to all valid rights-of-way, licenses, and easements in existence on the date of enactment of this Act; or (B) subject to paragraph (4), on an election by Carbon County, convey to Carbon County fee interest in the Roads, as determined by the survey required under subsection (a), subject to all valid rights-of-way, licenses, and easements in existence on the date of enactment of this Act. (2) Conveyance requirements A conveyance under paragraph (1)(A)(i) shall be subject to— (A) the claimant paying to the Secretary the fair market value of the fee interest in the claimed portion of the Federal land, as determined by the Secretary under subsection (b), exclusive of the value of any structures; (B) provisions under which the claimant shall agree to indemnify and hold harmless the United States for all claims by the claimant or others arising from— (i) the design, construction, operation, maintenance, or replacement of Scofield Dam and Reservoir; (ii) the survey of claims, description of claims, delineation of boundaries, conveyance documents, conveyance process, and recording of deeds associated with the conveyance; and (iii) any damages associated with any structure or chattel of the claimant that may be displaced in a flood event; (C) the United States retaining a flood easement as well as an access easement for purposes of monitoring and enforcing the requirements of subparagraph (D) with respect to the entire portion of Federal land conveyed; and (D) deed restrictions requiring that— (i) to prevent any structure on the portion of the Federal land conveyed from being displaced during a flood event, the claimant shall— (I) secure or tie down all existing structures; and (II) if replacing or rebuilding such a structure, limit the replacement or rebuilding to the number and type of structures in existence on the date of enactment of this Act; and (ii) all activities carried out by the claimant under clause (i) with respect to a structure be carried out in accordance with applicable standards for structures that may be submerged, flooded, or inundated, as contained in— (I) the International Building Code (as adopted by Utah Administrative Code R156–56); or (II) any other building code or engineering standard that is— (aa) similar to the International Building Code; (bb) widely used; and (cc) nationally recognized. (3) Life estate requirements A life estate granted under paragraph (1)(A)(ii) shall be subject to— (A) the claimant paying to the Secretary the fair market value of the life estate on the claimed portion of the Federal land, as determined by the Secretary under subsection (b), but excluding the value of any structures; (B) provisions under which the claimant agrees to indemnify and hold harmless the United States for all claims by the claimant or others arising from— (i) the design, construction, operation, maintenance, or replacement of Scofield Dam and Reservoir; (ii) the survey of claims, description of claims, delineation of boundaries, conveyance documents, conveyance process, and recording of deeds associated with the conveyance; and (iii) any damages associated with any structure or chattel of the claimant that may be displaced in a flood event; and (C) restrictions equivalent to the deed restrictions described in clauses (i) and (ii) of paragraph (2)(D), as applicable. (4) Conveyance of Roads requirements A conveyance under paragraph (1)(B) shall be subject to— (A) Carbon County paying to the Secretary a sum determined to be acceptable by the Secretary; (B) provisions under which Carbon County shall agree to indemnify and hold harmless the United States for all claims by Carbon County or others arising from— (i) the design, construction, operation, maintenance, or replacement of Scofield Dam and Reservoir; (ii) the survey of claims, description of claims, delineation of boundaries, conveyance documents, conveyance process, and recording of deeds associated with the conveyance; and (iii) any damages associated with structures or chattel of Carbon County that may be displaced in a flood event; (C) the United States retaining a flood easement as well as an access easement for purposes of monitoring and enforcing the requirements of subparagraph (D) with respect to the entire portion of the Roads conveyed; and (D) restrictions equivalent to the deed restrictions described in clauses (i) and (ii) of paragraph (2)(D), as applicable. (5) Compliance with environmental laws (A) In general Before conveying the Federal land under paragraph (1)(A)(i) or the Roads under paragraph (1)(B) or granting a life estate under paragraph (1)(A)(ii), the Secretary shall comply with all applicable requirements under— (i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (iii) any other applicable law. (B) Effect Nothing in this Act modifies or alters any obligations under— (i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or (ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (C) Costs Before the initiation of any conveyance under this Act, Carbon County shall pay to the Secretary an amount equal to the costs associated with achieving environmental compliance under this paragraph. (6) Deadline for election (A) Claimants Not later than 5 years after the date of enactment of this Act, each claimant shall notify the Secretary in writing whether the claimant elects to receive— (i) a fee interest in the claimed portion of the Federal land, in accordance with paragraph (1)(A)(i); or (ii) a life estate in the claimed portion of the Federal land, in accordance with paragraph (1)(A)(ii). (B) Carbon County Not later than 3 years after the date of enactment of this Act, Carbon County shall notify the Secretary in writing whether Carbon County elects to receive a fee interest in the Roads, in accordance with paragraph (1)(B). (7) Failure to notify Secretary or complete transfer (A) Notice of election If a claimant fails to submit to the Secretary a notice of an election in accordance with paragraph (6)(A), any future claim by the claimant with respect to the Federal land shall be terminated. (B) Transfer (i) Claimants If, due to a failure by the claimant to act in furtherance of the transfer of fee interest or life estate under this section, no transfer of the claimed Federal Land has been recorded with the recorder of Carbon County by the date that is 7 years after the date of enactment of this Act, any claim by the claimant with respect to the Federal land shall be terminated. (ii) Carbon County If, due to a failure by Carbon County to act in furtherance of the transfer of fee interest, no transfer of the Roads has been recorded with the recorder of Carbon County by the date that is 5 years after the date of enactment of this Act, the authority of the Secretary to convey the interest in the Roads shall be terminated. (C) Quiet title On extinguishment of a claim under subparagraph (A) or (B), 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. (8) Payments in lieu of taxes Any Federal land transferred to a claimant in fee under paragraph (1)(A)(i) or to Carbon County under paragraph (1)(B) shall not be included or taken into consideration in the allocation of any payment in lieu of taxes under chapter 69 of title 31, United States Code. (9) Trust fund (A) 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 made available, without fiscal year limitation, for— (i) monitoring and enforcing the requirements of paragraphs (2)(C), (3)(C), and (4)(C) regarding maintaining access to, and eliminating encroachment and private exclusive use of, the Federal land surrounding the Scofield Reservoir; and (ii) providing enhanced public recreational opportunities at Scofield Reservoir. (B) Transfers to fund There shall be deposited in the Fund any amounts received as consideration for— (i) a conveyance under subparagraph (A)(i) or (B) of paragraph (1); or (ii) the granting of a life estate under paragraph (1)(A)(ii).