S. 416

One Hundred Sixth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the sixth day of January, one thousand nine hundred and ninety-nine

An Act

To direct the Secretary of Agriculture to convey to the city of Sisters, Oregon,

a certain parcel of land for use in connection with a sewage treatment facility.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. FINDINGS.

Congress finds that—

(1) the city of Sisters, Oregon, faces a public health threat

from a major outbreak of infectious diseases due to the lack

of a sewer system;

(2) the lack of a sewer system also threatens groundwater

and surface water resources in the area;

(3) the city is surrounded by Forest Service land and has

no reasonable access to non-Federal parcels of land large

enough, and with the proper soil conditions, for the development

of a sewage treatment facility;

(4) the Forest Service currently must operate, maintain,

and replace 11 separate septic systems to serve existing Forest

Service facilities in the city of Sisters; and

(5) the Forest Service currently administers 77 acres of

land within the city limits that would increase in value as

a result of construction of a sewer system.

SEC. 2. CONVEYANCE.

(a) IN GENERAL.—As soon as practicable and upon completion

of any documents or analysis required by any environmental law,

but not later than 180 days after the date of enactment of this

Act, the Secretary of Agriculture shall convey to the city of Sisters,

Oregon (hereinafter referred to as the ‘‘city’’) an amount of land

that is not more than is reasonably necessary for a sewage treatment facility and for the disposal of treated effluent consistent

with subsection (c).

(b) LAND DESCRIPTION.—The amount of land conveyed under

subsection (a) shall be 160 acres or 240 acres from within—

(1) the SE quarter of section 09, township 15 south, range

10 west, W.M., Deschutes, Oregon, and the portion of the

SW quarter of section 09, township 15 south, range 10 west,

W.M., Deschutes, Oregon, that lies east of Three Creeks Lake

Road, but not including the westernmost 500 feet of that portion; and

(2) the portion of the SW quarter of section 09, township

15 south, range 10 west, W.M., Deschutes County, Oregon,

lying easterly of Three Creeks Lake Road.

(c) CONDITION.—
S. 416—2

(1) IN GENERAL.—The conveyance under subsection (a) shall

be made on the condition that the city—

(A) shall conduct a public process before the final determination is made regarding land use for the disposition

of treated effluent;

(B) except as provided by paragraph (2), shall be

responsible for system development charges, mainline

construction costs, and equivalent dwelling unit monthly

service fees as set forth in the agreement between the

city and the Forest Service in the letter of understanding

dated October 14, 1999; and

(C) shall pay the cost of preparation of any documents

required by any environmental law in connection with the

conveyance.

(2) ADJUSTMENT IN FEES.—

(A) VALUE HIGHER THAN ESTIMATED.—If the land to

be conveyed pursuant to subsection (a) is appraised for

a value that is 10 percent or more higher than the value

estimated for such land in the agreement between the

city and the Forest Service in the letter of understanding

dated October 14, 1999, the city shall be responsible for

additional charges, costs, fees, or other compensation so

that the total amount of charges, costs, and fees for which

the city is responsible under paragraph (1)(B) plus the

value of the amount of charges, costs, fees, or other compensation due under this subparagraph is equal to such

appraised value. The Secretary and the city shall agree

upon the form of additional charges, costs, fees, or other

compensation due under this subparagraph.

(B) VALUE LOWER THAN ESTIMATED.—If the land to

be conveyed pursuant to subsection (a) is appraised for

a value that is 10 percent or more lower than the value

estimated for such land in the agreement between the

city and the Forest Service in the letter of understanding

dated October 14, 1999, the amount of equivalent dwelling

unit monthly service fees for which the city shall be responsible under paragraph (1)(B) shall be reduced so that the

total amount of charges, costs, and fees for which the

city is responsible under that paragraph is equal to such

appraised value.

(d) USE OF LAND.— (1) IN GENERAL.—The land conveyed under subsection (a)

shall be used by the city for a sewage treatment facility and

for the disposal of treated effluent.

(2) OPTIONAL REVERTER.—If at any time the land conveyed

under subsection (a) ceases to be used for a purpose described

in paragraph (1), at the option of the United States, title

to the land shall revert to the United States.
S. 416—3

(e) AUTHORITY TO ACQUIRE LAND IN SUBSTITUTION.—Subject

to the availability of appropriations, the Secretary shall acquire

land within Oregon, and within or in the vicinity of the Deschutes

National Forest, of an acreage equivalent to that of the land conveyed under subsection (a). Any lands acquired shall be added

to and administered as part of the Deschutes National Forest.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.