IIA

104TH CONGRESS

2D SESSION H. R. 2518

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 5, 1996

Received; read twice and referred to the Committee on Energy and Natural

Resources

AN ACT

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

4 ‘‘Secretary’’) shall convey all right, title, and interest of

5 the United States in and to the National Forest System

6 lands described in subsection (b)(1) to Public Utility Dis7 trict No. 1 of Chelan County, Washington (referred to in

8 this section as the ‘‘Public Utility District’’), in exchange

9 for the conveyance to the Department of Agriculture by

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

11 of the Public Utility District in and to the lands described

12 in subsection (b)(2).

13 (b) DESCRIPTIONS OF LANDS.—

14 (1) NATIONAL FOREST SYSTEM LANDS.—The

15 National Forest System lands referred to in sub16 section (a) are 122 acres, more or less, that are par17 tially occupied by a wastewater treatment facility re18 ferred to in subsection (c)(4)(A) with the following

19 legal description:

(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

24 section 27.

(C) The W1⁄2 of NW1⁄4 of SE1 25 ⁄4 of such

26 section 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

7 Highway 209 right-of-way of such section 27.

8 (2) PUBLIC UTILITY DISTRICT LANDS.—The

9 lands owned by the Public Utility District are

10 109.15 acres, more or less, with the following legal

11 description:

(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

17 section 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

23 the 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

7 of the lands. Such appraisals shall not include the

8 value of the wastewater treatment facility referred to

9 in paragraph (4)(A).

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

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

12 the Secretary determines that the fair market value

13 of the lands to be conveyed by one party under sub14 section (a) is less than the fair market value of the

15 lands to be conveyed by the other party under sub16 section (a), then, as a condition of making the ex17 change under subsection (a), the party conveying the

18 lands with the lesser value shall pay the other party

19 the amount by which the fair market value of the

20 lands of greater value exceeds the fair market value

21 of the lands of 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

25 Public Utility District of Chelan County, Washing-
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1 ton, all right, title, and interest of the United States

2 in and to the wastewater treatment facility (includ3 ing the wastewater treatment plant and associated

4 lagoons) located on the lands described in subsection

5 (b)(1) that is in existence on the date of the ex6 change.

7 (B) As a condition for the exchange under sub8 section (a), the Public Utility District shall provide

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

10 wastewater treatment facility conveyed pursuant to

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

12 1991), that shall be applied to the United States’

13 share of any new or modified wastewater treatment

14 facilities constructed by the Public Utility District

15 after November 4, 1991.

16 (d) ADDITIONAL TERMS AND CONDITIONS.—The

17 Secretary may require such additional terms and condi18 tions in connection with the exchange under this section

19 as the Secretary determines appropriate to protect the in20 terests of the United States.

Passed the House of Representatives September 4,

1996.

Attest: ROBIN H. CARLE,

Clerk.