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Union Calendar No. 262

106TH CONGRESS

1ST SESSION S. 416

[Report No. 106–453]

IN THE HOUSE OF REPRESENTATIVES

JULY 12, 1999

Referred to the Committee on Resources

NOVEMBER 5, 1999

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 referred bill, see copy of bill as referred on July 12, 1999]

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.

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

3 SECTION 1. FINDINGS.

4 Congress finds that—
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1 (1) the city of Sisters, Oregon, faces a public

2 health threat from a major outbreak of infectious dis3 eases due to the lack of a sewer system;

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

5 groundwater and surface water resources in the area;

6 (3) the city is surrounded by Forest Service land

7 and has no reasonable access to non-Federal parcels

8 of land large enough, and with the proper soil condi9 tions, for the development of a sewage treatment facil10 ity;

11 (4) the Forest Service currently must operate,

12 maintain, and replace 11 separate septic systems to

13 serve existing Forest Service facilities in the city of

14 Sisters; and

15 (5) the Forest Service currently administers 77

16 acres of land within the city limits that would in17 crease in value as a result of construction of a sewer

18 system.

19 SEC. 2. CONVEYANCE.

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

21 completion of any documents or analysis required by any

22 environmental law, but not later than 180 days after the

23 date of enactment of this Act, the Secretary of Agriculture

24 shall convey to the city of Sisters, Oregon, (hereinafter re25 ferred to as the ‘‘city’’) an amount of land that is not more
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1 than is reasonably necessary for a sewage treatment facility

2 and for the disposal of treated effluent consistent with sub3 section (c).

4 (b) LAND DESCRIPTION.—The amount of land con5 veyed under subsection (a) shall be 160 acres or 240 acres

6 from within—

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

8 south, range 10 west, W.M., Deschutes, Oregon, and

9 the portion of the SW quarter of section 09, township

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

11 that lies east of Three Creeks Lake Road, but not in12 cluding the westernmost 500 feet of that portion; and

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

14 township 15 south, range 10 west, W.M., Deschutes

15 County, Oregon, lying easterly of Three Creeks Lake

16 Road.

17 (c) CONDITION.—

18 (1) IN GENERAL.—The conveyance under sub19 section (a) shall be made on the condition that the

20 city—

21 (A) shall conduct a public process before the

22 final determination is made regarding land use

23 for the disposition of treated effluent,

24 (B) except as provided by paragraph (2),

25 shall be responsible for system development
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1 charges, mainline construction costs, and equiva2 lent dwelling unit monthly service fees as set

3 forth in the agreement between the city and the

4 Forest Service in the letter of understanding

5 dated October 14, 1999; and

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

7 documents required by any environmental law

8 in connection with the conveyance.

9 (2) ADJUSTMENT IN FEES.—

10 (A) VALUE HIGHER THAN ESTIMATED.—If

11 the land to be conveyed pursuant to subsection

12 (a) is appraised for a value that is 10 percent

13 or more higher than the value estimated for such

14 land in the agreement between the city and the

15 Forest Service in the letter of understanding

16 dated October 14, 1999, the city shall be respon17 sible for additional charges, costs, fees, or other

18 compensation so that the total amount of

19 charges, costs, and fees for which the city is re20 sponsible under paragraph (1)(B) plus the value

21 of the amount of charges, costs, fees, or other

22 compensation due under this subparagraph is

23 equal to such appraised value. The Secretary

24 and the city shall agree upon the form of addi-
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1 tional charges, costs, fees, or other compensation

2 due under this subparagraph.

3 (B) VALUE LOWER THAN ESTIMATED.—If

4 the land to be conveyed pursuant to subsection

5 (a) is appraised for a value that is 10 percent

6 or more lower than the value estimated for such

7 land in the agreement between the city and the

8 Forest Service in the letter of understanding

9 dated October 14, 1999, the amount of equivalent

10 dwelling unit monthly service fees for which the

11 city shall be responsible under paragraph (1)(B)

12 shall be reduced so that the total amount of

13 charges, costs, and fees for which the city is re14 sponsible under that paragraph is equal to such

15 appraised value.

16 (d) USE OF LAND.—

17 (1) IN GENERAL.—The land conveyed under sub18 section (a) shall be used by the city for a sewage

19 treatment facility and for the disposal of treated efflu20 ent.

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

22 land conveyed under subsection (a) ceases to be used

23 for a purpose described in paragraph (1), at the op24 tion of the United States, title to the land shall revert

25 to the United States.
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1 (e) AUTHORITY TO ACQUIRE LAND IN SUBSTI2 TUTION.—Subject to the availability of appropriations, the

3 Secretary shall acquire land within Oregon, and within or

4 in the vicinity of the Deschutes National Forest, of an acre5 age equivalent to that of the land conveyed under subsection

6 (a). Any lands acquired shall be added to and administered

7 as part of the Deschutes National Forest.

Passed the Senate July 1, 1999.

Attest: GARY SISCO,

Secretary.

Union Calendar No. 262

106TH CONGRESS

1ST SESSION S. 416

[Report No. 106–453]

AN ACT

To direct the Secretary of Agriculture to convey to

the city of Sisters, Oregon, a certain parcel ofland for use in connection with a sewage treatment facility.

NOVEMBER 5, 1999

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union,

and ordered to be printed