,,ii  #aadth ,,congress  #ast ,session  
,s4 #ad  ,,in ,,the ,,senate ,,of ,,the 
,,united ,,states  ,january #f1         
#bjae,mr4 ,hatch introduced the         
following bill2 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 ,county1  
,utah4  #a4 ,short title ,this ,act may 
be cited as the ,scofield ,land         
,transfer ,act4  #b4 ,definitions ,in   
this ,act3 7#a7 ,carbon ,county ,the    
term ,carbon ,county means ,carbon      
,county1 ,utah1 within which the        
,scofield ,reservoir property is        
located4  7#b7 ,claimant ,the term      
claimant means any person or entity 7or 
a successor in interest to a person or  
entity7 that1 according to the records  
in the office of the ,recorder for      
,carbon ,county1 as of the date of      
enactment of this ,act1 claims title to1

 or an interest in1 the ,federal land4  
7#c7 ,federal land  7,a7 ,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 basin4  7,b7       
,exclusions ,the term ,federal land does
 not include-- 7i7 any mineral or       
subsurface rights to the land described 
in subparagraph 7,a72 or  7ii7 the #bje 
acres of land adjoining the ,scofield   
,reservoir1 as adjudicated in the case  
styled ,united ,states v4 ,dunn 7#eeg   
,f4#c;d #aafe 7#ajth ,cir4 #bjji774     
7#d7 ,flood surcharge elevation ,the    
term flood surcharge elevation means the
 elevation of #gfdj4c in the ,north     
,american ,vertical ,datum of #aihh1    
which corresponds to the elevation of   
the crest of ,scofield ,dam4  7#e7 ,fund

 ,the term ,fund means the ,scofield    
,reservoir ,fund established by section 
#c7;d77#i77;,a74  7#f7 ,life estate ,the
 term life estate means-- 7,a7 if the   
claimant is a person1 an interest of the
 claimant in the ,federal land that will
 revert to the ,united ,states on the   
date of the death of the claimant2 and  
7,b7 if the claimant is an entity1 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 
person4  7#g7 ,normal water surface     
elevation ,the term normal water surface
 elevation means the contour elevation  
of #gfba4h in the ,north ,american      
,vertical ,datum of #aihh1 which        
corresponds to the elevation of the     
crest of the spillway of ,scofield ,dam4
  7#h7 ,property boundary elevation ,the
 term property boundary elevation means 
the contour elevation #gfcj1 as surveyed
 by ,mc,gonagle and ,ulrich1 ,land      
,surveyors1 in #aibf1 which was         

transmuted to the current elevation of  
#gfch4i in the ,north ,american         
,vertical ,datum of #aihh and which     
corresponds to #a4d vertical feet below 
the crest of ,scofield ,dam4  7#i7      
,roads ,the term ,roads means the       
streets1 improved and unimproved1 as in 
existence on the date of enactment of   
this ,act1 that-- 7,a7 are located on   
the ,federal land2  7,b7 are intended   
for public access via motorized vehicle 
to the ,federal land claims of the      
claimants2 and  7,c7 extend to the      
shoreline of ,scofield ,reservoir4      
7#aj7 ,secretary ,the term ,secretary   
means the ,secretary of the ,interior4  
7#aa7 ,structure  7,a7 ,in general ,the 
term structure means any improvement    
located on the property of a claimant1  
as in existence on the date of enactment
 of this ,act1 including-- 7i7 a        
residence2  7ii7 a shed2  7iii7 a       
workshop2  7iv7 a garage2  7v7 a        
carport2  7vi7 a deck2  7vii7 a         
boathouse2 or  7viii7 an incidental     

building4  7,b7 ,inclusion ,the term    
structure includes any infrastructure   
associated with a residence that is not 
owned by a public or private utility1   
including water1 power1 sewer1 and      
improvements to ,roads4  #c4 ,conveyance
 of ,scofield project land  7a7 ,survey 
7#a7 ,in general ,to facilitate the     
conveyance of the ,federal land under   
this ,act1 it shall be the              
responsibility of ,carbon ,county-- 7,a7
 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 land1 ,federal easements1 or   
other ,federal interests in land2 and   
7,b7 subject to paragraph 7#b71 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      
claimants1 and1 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 facility1 propose boundaries 
and land descriptions to resolve the    
dispute4  7#b7 ,unresolved disputes     
7,a7 ,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 7d77#f71 the claimant  
shall stipulate to1 accept1 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      
7d77#f7 by not later than #ahj days     
after that deadline4  7,b7 ,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 7,a71
 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 claim4  7b7 ,appraisal  7#a7   
,in general ,as a condition of the      
conveyance under this section1 ,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 
,act4  7#b7 ,determination of fair      
market value ,the fair market value of a
 property interest under paragraph 7#a7 
shall be determined by the ,secretary in
 accordance with the ,uniform ,appraisal
 ,standards for ,federal ,land          
,acquisitions and the ,uniform          
,standards of ,professional ,appraisal  
,practices4  7c7 ,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     

land1 including the existence of any    
trespassing or encroaching structure of 
the claimant4  7d7 ,authorization ,to   
convey ,federal land  7#a7 ,in general  
,to resolve the issues of trespass and  
encroachment on the ,federal land by the
 claimants1 the ,secretary may1 in      
accordance with paragraphs 7#e7 and     
7#f7-- 7,a7 on an election by a         
claimant-- 7i7 subject to paragraph     
7#b71 convey to the claimant fee        
interest in the claimed portion of the  
,federal land that is located above the 
normal water surface elevation1 as      
determined by the results of the survey 
required under subsection 7a71 subject  
to all valid rights-of-way1 licenses1   
and easements in existence on the date  
of enactment of this ,act2 or  7ii7     
subject to paragraph 7#c71 grant to the 
claimant a life estate permitting the   
continued occupation of the claimed     
portion of the ,federal land above the  
normal water surface elevation1 as      
determined by the results of the survey 

required under subsection 7a71 subject  
to all valid rights-of-way1 licenses1   
and easements in existence on the date  
of enactment of this ,act2 or  7,b7     
subject to paragraph 7#d71 on an        
election by ,carbon ,county1 convey to  
,carbon ,county fee interest in the     
,roads1 as determined by the survey     
required under subsection 7a71 subject  
to all valid rights-of-way1 licenses1   
and easements in existence on the date  
of enactment of this ,act4  7#b7        
,conveyance requirements ,a conveyance  
under paragraph 7#a77;,a77i7 shall be   
subject to-- 7,a7 the claimant paying to
 the ,secretary the fair market value of
 the fee interest in the claimed portion
 of the ,federal land1 as determined by 
the ,secretary under subsection 7b71    
exclusive of the value of any           
structures2  7,b7 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-- 7i7 the design1         

construction1 operation1 maintenance1 or
 replacement of ,scofield ,dam and      
,reservoir2  7ii7 the survey of claims1 
description of claims1 delineation of   
boundaries1 conveyance documents1       
conveyance process1 and recording of    
deeds associated with the conveyance2   
and  7iii7 any damages associated with  
any structure or chattel of the claimant
 that may be displaced in a flood event2
  7,c7 the ,united ,states retaining a  
flood easement as well as an access     
easement for purposes of monitoring and 
enforcing the requirements of           
subparagraph 7,d7 with respect to the   
entire portion of ,federal land         
conveyed2 and  7,d7 deed restrictions   
requiring that-- 7i7 to prevent any     
structure on the portion of the ,federal
 land conveyed from being displaced     
during a flood event1 the claimant      
shall-- 7,i7 secure or tie down all     
existing structures2 and  7,,ii7 if     
replacing or rebuilding such a          
structure1 limit the replacement or     

rebuilding to the number and type of    
structures in existence on the date of  
enactment of this ,act2 and  7ii7 all   
activities carried out by the claimant  
under clause 7i7 with respect to a      
structure be carried out in accordance  
with applicable standards for structures
 that may be submerged1 flooded1 or     
inundated1 as contained in-- 7,i7 the   
,international ,building ,code 7as      
adopted by ,utah ,administrative ,code  
,r#aef-ef72 or  7,,ii7 any other        
building code or engineering standard   
that is-- 7aa7 similar to the           
,international ,building ,code2  7bb7   
widely used2 and  7cc7 nationally       
recognized4  7#c7 ,life estate          
requirements ,a life estate granted     
under paragraph 7#a77;,a77ii7 shall be  
subject to-- 7,a7 the claimant paying to
 the ,secretary the fair market value of
 the life estate on the claimed portion 
of the ,federal land1 as determined by  
the ,secretary under subsection 7b71 but
 excluding the value of any structures2 

7,b7 provisions under which the claimant
 agrees to indemnify and hold harmless  
the ,united ,states for all claims by   
the claimant or others arising from--   
7i7 the design1 construction1 operation1
 maintenance1 or replacement of         
,scofield ,dam and ,reservoir2  7ii7 the
 survey of claims1 description of       
claims1 delineation of boundaries1      
conveyance documents1 conveyance        
process1 and recording of deeds         
associated with the conveyance2 and     
7iii7 any damages associated with any   
structure or chattel of the claimant    
that may be displaced in a flood event2 
and  7,c7 restrictions equivalent to the
 deed restrictions described in clauses 
7i7 and 7ii7 of paragraph 7#b77;,d71 as 
applicable4  7#d7 ,conveyance of ,roads 
requirements ,a conveyance under        
paragraph 7#a77;,b7 shall be subject    
to-- 7,a7 ,carbon ,county paying to the 
,secretary a sum determined to be       
acceptable by the ,secretary2  7,b7     
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-- 7i7 the design1          
construction1 operation1 maintenance1 or
 replacement of ,scofield ,dam and      
,reservoir2  7ii7 the survey of claims1 
description of claims1 delineation of   
boundaries1 conveyance documents1       
conveyance process1 and recording of    
deeds associated with the conveyance2   
and  7iii7 any damages associated with  
structures or chattel of ,carbon ,county
 that may be displaced in a flood event2
  7,c7 the ,united ,states retaining a  
flood easement as well as an access     
easement for purposes of monitoring and 
enforcing the requirements of           
subparagraph 7,d7 with respect to the   
entire portion of the ,roads conveyed2  
and  7,d7 restrictions equivalent to the
 deed restrictions described in clauses 
7i7 and 7ii7 of paragraph 7#b77;,d71 as 
applicable4  7#e7 ,compliance with      
environmental laws  7,a7 ,in general    

,before conveying the ,federal land     
under paragraph 7#a77;,a77i7 or the     
,roads under paragraph 7#a77;,b7 or     
granting a life estate under paragraph  
7#a77;,a77ii71 the ,secretary shall     
comply with all applicable requirements 
under-- 7i7 the ,national ,environmental
 ,policy ,act of #aifi 7#db ,u4,s4,c4   
#dcba et seq472  7ii7 the ,endangered   
,species ,act of #aigc 7#af ,u4,s4,c4   
#aeca et seq472 and  7iii7 any other    
applicable law4  7,b7 ,effect ,nothing  
in this ,act modifies or alters any     
obligations under-- 7i7 the ,national   
,environmental ,policy ,act of #aifi    
7#db ,u4,s4,c4 #dcba et seq472 or  7ii7 
the ,endangered ,species ,act of #aigc  
7#af ,u4,s4,c4 #aeca et seq474  7,c7    
,costs ,before the initiation of any    
conveyance under this ,act1 ,carbon     
,county shall pay to the ,secretary an  
amount equal to the costs associated    
with achieving environmental compliance 
under this paragraph4  7#f7 ,deadline   
for election  7,a7 ,claimants ,not later

 than #e years after the date of        
enactment of this ,act1 each claimant   
shall notify the ,secretary in writing  
whether the claimant elects to receive--
 7i7 a fee interest in the claimed      
portion of the ,federal land1 in        
accordance with paragraph 7#a77;,a77i72 
or  7ii7 a life estate in the claimed   
portion of the ,federal land1 in        
accordance with paragraph 7#a77;,a77ii74
  7,b7 ,carbon ,county ,not later than  
#c years after the date of enactment of 
this ,act1 ,carbon ,county shall notify 
the ,secretary in writing whether       
,carbon ,county elects to receive a fee 
interest in the ,roads1 in accordance   
with paragraph 7#a77;,b74  7#g7 ,failure
 to notify ,secretary or complete       
transfer  7,a7 ,notice of election ,if a
 claimant fails to submit to the        
,secretary a notice of an election in   
accordance with paragraph 7#f77;,a71 any
 future claim by the claimant with      
respect to the ,federal land shall be   
terminated4  7,b7 ,transfer  7i7        

,claimants ,if1 due to a failure by the 
claimant to act in furtherance of the   
transfer of fee interest or life estate 
under this section1 no transfer of the  
claimed ,federal ,land has been recorded
 with the recorder of ,carbon ,county by
 the date that is #g years after the    
date of enactment of this ,act1 any     
claim by the claimant with respect to   
the ,federal land shall be terminated4  
7ii7 ,carbon ,county ,if1 due to a      
failure by ,carbon ,county to act in    
furtherance of the transfer of fee      
interest1 no transfer of the ,roads has 
been recorded with the recorder of      
,carbon ,county by the date that is #e  
years after the date of enactment of    
this ,act1 the authority of the         
,secretary to convey the interest in the
 ,roads shall be terminated4  7,c7      
,quiet title ,on extinguishment of a    
claim under subparagraph 7,a7 or 7,b71  
the ,secretary shall take such action as
 is necessary to quiet title to the     
applicable portion of the ,federal land1

 including removal of persons1 entities1
 structures1 and materials encumbering  
the applicable portion of the ,federal  
land4  7#h7 ,payments in lieu of taxes  
,any ,federal land transferred to a     
claimant in fee under paragraph         
7#a77;,a77i7 or to ,carbon ,county under
 paragraph 7#a77;,b7 shall not be       
included or taken into consideration in 
the allocation of any payment in lieu of
 taxes under chapter #fi of title #ca1  
,united ,states ,code4  7#i7 ,trust fund
  7,a7 ,establishment ,there is         
established in the ,treasury of the     
,united ,states a fund1 to be known as  
the ,scofield ,reservoir ,fund1 to be   
administered by the ,secretary and made 
available1 without fiscal year          
limitation1 for-- 7i7 monitoring and    
enforcing the requirements of paragraphs
 7#b77;,c71 7#c77;,c71 and 7#d77;,c7    
regarding maintaining access to1 and    
eliminating encroachment and private    
exclusive use of1 the ,federal land     
surrounding the ,scofield ,reservoir2   

and  7ii7 providing enhanced public     
recreational opportunities at ,scofield 
,reservoir4  7,b7 ,transfers to fund    
,there shall be deposited in the ,fund  
any amounts received as consideration   
for-- 7i7 a conveyance under            
subparagraph 7,a77i7 or 7,b7 of         
paragraph 7#a72 or  7ii7 the granting of
 a life estate under paragraph          
7#a77;,a77ii74