Page:United States Statutes at Large Volume 112 Part 5.djvu/290

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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 iDy 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 residence or lot. (C) NO NOTICE OR PURCHASE CONTRACT.— If no written notification of intent to purchase is received by the Secretary in accordance with subparagraph (B) or if a purchase contract has not been executed in accordance with subparagraph (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.—I f a residence or lot becomes available 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 purchasers that is based on the length of continuous residency 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.— I f 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