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Union Calendar No. 409

104TH CONGRESS

2D SESSION H. R. 2518

[Report No. 104–764]

To authorize the Secretary of Agriculture to exchange certain lands in the

Wenatachee National Forest, Washington, for certain lands owned by

Public Utility District No. 1 of Chelan County, Washington, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 20, 1995

Mr. HASTINGS of Washington introduced the following bill; which was referred

to the Committee on Resources

SEPTEMBER 4, 1996

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on October 20, 1995]

A BILL

To authorize the Secretary of Agriculture to exchange certain

lands in the Wenatachee National Forest, Washington,

for certain lands owned by Public Utility District No.

1 of Chelan County, Washington, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. LAND EXCHANGE.

2 (a) EXCHANGE.—Subject to subsection (c), the Sec3 retary of Agriculture (referred to in this section as the ‘‘Sec4 retary’’) shall convey all right, title, and interest of the

5 United States in and to the National Forest System lands

6 described in subsection (b)(1) to Public Utility District No.

7 1 of Chelan County, Washington (referred to in this section

8 as the ‘‘Public Utility District’’), in exchange for the con9 veyance to the Department of Agriculture by the Public

10 Utility District of all right, title, and interest of the Public

11 Utility District in and to the lands described in subsection

12 (b)(2).

13 (b) DESCRIPTIONS OF LANDS.—

14 (1) NATIONAL FOREST SYSTEM LANDS.—The Na15 tional Forest System lands referred to in subsection

16 (a) are 122 acres, more or less, that are partially oc17 cupied by a wastewater treatment facility referred to

18 in subsection (c)(4)(A) with the following legal de19 scription:

(A) The NE1⁄4 of SW1 20 ⁄4 of section 27 of

21 township 27 north, range 17 east, Willamette

22 Meridian, Chelan County, Washington.

(B) The N1⁄2 of SE1⁄4 of SW1 23 ⁄4 of such sec24 tion 27.

(C) The W1⁄2 of NW1⁄4 of SE1 25 ⁄4 of such sec26 tion 27.
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(D) The NW1⁄4 of SW1⁄4 of SE1 1 ⁄4 of such

2 section 27.

(E) The E1⁄2 of NW1⁄4 of the SE1 3 ⁄4 of such

4 section 27.

(F) That portion of the S1⁄2 of SE1 5 ⁄4 of

SW1 6 ⁄4 lying north of the northerly edge of High7 way 209 right-of-way of such section 27.

8 (2) PUBLIC UTILITY DISTRICT LANDS.—The

9 lands owned by the Public Utility District are 109.15

10 acres, more or less, with the following legal descrip11 tion:

(A) S1⁄2 of SW1 12 ⁄4 of section 35 of township

13 26 north, range 17 east, Willamette Meridian,

14 Chelan County, Washington.

15 (B) The area specified by Public Utility

16 District No. 1 as Government Lot 5 in such sec17 tion 35.

18 (c) REQUIREMENTS FOR EXCHANGE.—

19 (1) TITLE ACCEPTANCE AND CONVEYANCE.—

20 Upon offer by the Public Utility District of all right,

21 title, and interest in and to the lands described in

22 subsection (b)(2), if the title is found acceptable by the

23 Secretary, the Secretary shall accept title to such

24 lands and interests therein and shall convey to the

25 Public Utility District all right, title, and interest of
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1 the United States in and to the lands described in

2 subsection (b)(1).

3 (2) APPRAISALS REQUIRED.—Before making an

4 exchange pursuant to subsection (a), the Secretary

5 shall conduct appraisals of the lands that are subject

6 to the exchange to determine the fair market value of

7 the lands. Such appraisals shall not include the value

8 of the wastewater treatment facility referred to in

9 paragraph (4)(A).

10 (3) ADDITIONAL CONSIDERATION.—If, on the

11 basis of the appraisals made under paragraph (1), the

12 Secretary determines that the fair market value of the

13 lands to be conveyed by one party under subsection

14 (a) is less than the fair market value of the lands to

15 be conveyed by the other party under subsection (a),

16 then, as a condition of making the exchange under

17 subsection (a), the party conveying the lands with the

18 lesser value shall pay the other party the amount by

19 which the fair market value of the lands of greater

20 value exceeds the fair market value of the lands of

21 lesser value.

22 (4) CONVEYANCE OF WASTEWATER TREATMENT

23 FACILITY.—(A) As part of an exchange made under

24 subsection (a), the Secretary shall convey to the Pub25 lic Utility District of Chelan County, Washington, all
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1 right, title, and interest of the United States in and

2 to the wastewater treatment facility (including the

3 wastewater treatment plant and associated lagoons)

4 located on the lands described in subsection (b)(1)

5 that is in existence on the date of the exchange.

6 (B) As a condition for the exchange under sub7 section (a), the Public Utility District shall provide

8 for a credit equal to the fair market value of the

9 wastewater treatment facility conveyed pursuant to

10 subparagraph (A) (determined as of November 4,

11 1991), that shall be applied to the United States’

12 share of any new or modified wastewater treatment

13 facilities constructed by the Public Utility District

14 after November 4, 1991.

15 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec16 retary may require such additional terms and conditions

17 in connection with the exchange under this section as the

18 Secretary determines appropriate to protect the interests of

19 the United States.

Union Calendar No. 409

104TH CONGRESS

2D SESSION H. R. 2518

[Report No. 104–764]

A BILL

To authorize the Secretary of Agriculture to exWashington, and for other purposes. Public Utility District No. 1 of Chelan County, Forest, Washington, for certain lands owned by change certain lands in the Wenatachee National

SEPTEMBER 4, 1996

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and