II

104TH CONGRESS

2D SESSION S. 2017

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

Wenatchee National Forest, Washington, for certain lands owned by

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

other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 2, 1996

Mr. GORTON 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 Agriculture to exchange certain

lands in the Wenatchee 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,

3 SECTION 1. LAND EXCHANGE.

4 (a) EXCHANGE.—Subject to subsection (c), the Sec5 retary of Agriculture (referred to in this section as the

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

7 the United States in and to the National Forest System

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

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

3 for the conveyance to the Department of Agriculture by

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

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

6 in subsection (b)(2).

7 (b) DESCRIPTION OF LANDS.—

8 (1) NATIONAL FOREST SYSTEM LANDS.—The

9 National Forest System lands referred to in sub10 section (a) are 122 acres, more or less, that are par11 tially occupied by a wastewater treatment facility re12 ferred to in subsection (c)(4)(A) with the following

13 legal description:

(A) The NE1⁄4 of SW1 14 ⁄4 of section 27 of

15 township 27 north, range 17 east, Willamette

16 Meridian, Chelan County, Washington.

(B) The N1⁄2 of SE1⁄4 of SW1 17 ⁄4 of such

18 section 27.

(C) The W1⁄2 of NW1⁄4 of SE1 19 ⁄4 of such

20 section 27.

(D) The NW1⁄4 of SW1⁄4 of SE1 21 ⁄4 of such

22 section 27.

(E) The E1⁄2 of NW1⁄4 of the SE1 23 ⁄4 of such

24 section 27.
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(F) That portion of the S1⁄2 of SE1 1 ⁄4 of

SW1 2 ⁄4 lying north of the northerly edge of

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

4 (2) PUBLIC UTILITY DISTRICT LANDS.—The

5 lands owned by the Public Utility District are

6 109.15 acres, more or less, with the following legal

7 description:

(A) S1⁄2 of SW1 8 ⁄4 of section 35 of township

9 26 north, range 17 east, Willamette Meridian,

10 Chelan County, Washington.

11 (B) The area specified by Public Utility

12 District No. 1 as Government Lot 5 in such

13 section 35.

14 (c) REQUIREMENTS FOR EXCHANGE.—

15 (1) TITLE ACCEPTANCE AND CONVEYANCE.—

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

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

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

19 the Secretary, the Secretary shall accept title to such

20 lands and interests therein and shall convey to the

21 Public Utility District all right, title, and interest of

22 the United States in and to the lands described in

23 subsection (b)(1).

24 (2) APPRAISALS REQUIRED.—Before making an

25 exchange pursuant to subsection (a), the Secretary
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1 shall conduct appraisals of the lands that are subject

2 to the exchange to determine the fair market value

3 of the lands. Such appraisals shall not include the

4 value of the wastewater treatment facility referred to

5 in paragraph (4)(A).

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

7 basis of the appraisals made under paragraph (2),

8 the Secretary determines that the fair market value

9 of the lands to be conveyed by one party under sub10 section (a) is less than the fair market value of the

11 lands to be conveyed by the other party under sub12 section (a), then, as a condition of making the ex13 change under subsection (a), the party conveying the

14 lands with the lesser value shall pay the other party

15 the amount by which the fair market value of the

16 lands of greater value exceeds the fair market value

17 of the lands of lesser value.

18 (4) CONVEYANCE OF WASTEWATER TREATMENT

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

20 subsection (a), the Secretary shall convey to the

21 Public Utility District of Chelan County, Washing22 ton, all right, title, and interest of the United States

23 in and to the wastewater treatment facility (includ24 ing the wastewater treatment plant and associated

25 lagoons) located on the lands described in subsection
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1 (b)(1) that is in existence on the date of the ex2 change.

3 (B) As a condition for the exchange under sub4 section (a), the Public Utility District shall provide

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

6 wastewater treatment facility conveyed pursuant to

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

8 1991), that shall be applied to the United States

9 share of any new wastewater treatment facility con10 structed by the Public Utility District after such

11 date.

12 (d) ADDITIONAL TERMS AND CONDITIONS.—The

13 Secretary may require such additional terms and condi14 tions in connection with the exchange under this section

15 as the Secretary determines appropriate to protect the in16 terests of the United States.

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