106TH CONGRESS

1ST SESSION S. 416

AMENDMENT
In the House of Representatives, U. S.,

November 17, 1999.

Resolved, That the bill from the Senate (S. 416) entitled

‘‘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’’, do pass with

the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. FINDINGS.

2 Congress finds that—

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

4 health threat from a major outbreak of infectious dis5 eases due to the lack of a sewer system;

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

7 groundwater and surface water resources in the area;

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

9 and has no reasonable access to non-Federal parcels

10 of land large enough, and with the proper soil condi11 tions, for the development of a sewage treatment facil12 ity;
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1 (4) the Forest Service currently must operate,

2 maintain, and replace 11 separate septic systems to

3 serve existing Forest Service facilities in the city of

4 Sisters; and

5 (5) the Forest Service currently administers 77

6 acres of land within the city limits that would in7 crease in value as a result of construction of a sewer

8 system.

9 SEC. 2. CONVEYANCE.

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

11 completion of any documents or analysis required by any

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

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

14 shall convey to the city of Sisters, Oregon, (hereinafter re15 ferred to as the ‘‘city’’) an amount of land that is not more

16 than is reasonably necessary for a sewage treatment facility

17 and for the disposal of treated effluent consistent with sub18 section (c).

19 (b) LAND DESCRIPTION.—The amount of land con20 veyed under subsection (a) shall be 160 acres or 240 acres

21 from within—

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

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

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

25 15 south, range 10 west, W.M., Deschutes, Oregon,
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1 that lies east of Three Creeks Lake Road, but not in2 cluding the westernmost 500 feet of that portion; and

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

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

5 County, Oregon, lying easterly of Three Creeks Lake

6 Road.

7 (c) CONDITION.—

8 (1) IN GENERAL.—The conveyance under sub9 section (a) shall be made on the condition that the

10 city—

11 (A) shall conduct a public process before the

12 final determination is made regarding land use

13 for the disposition of treated effluent,

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

15 shall be responsible for system development

16 charges, mainline construction costs, and equiva17 lent dwelling unit monthly service fees as set

18 forth in the agreement between the city and the

19 Forest Service in the letter of understanding

20 dated October 14, 1999; and

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

22 documents required by any environmental law

23 in connection with the conveyance.

24 (2) ADJUSTMENT IN FEES.—
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1 (A) VALUE HIGHER THAN ESTIMATED.—If

2 the land to be conveyed pursuant to subsection

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

4 or more higher than the value estimated for such

5 land in the agreement between the city and the

6 Forest Service in the letter of understanding

7 dated October 14, 1999, the city shall be respon8 sible for additional charges, costs, fees, or other

9 compensation so that the total amount of

10 charges, costs, and fees for which the city is re11 sponsible under paragraph (1)(B) plus the value

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

13 compensation due under this subparagraph is

14 equal to such appraised value. The Secretary

15 and the city shall agree upon the form of addi16 tional charges, costs, fees, or other compensation

17 due under this subparagraph.

18 (B) VALUE LOWER THAN ESTIMATED.—If

19 the land to be conveyed pursuant to subsection

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

21 or more lower than the value estimated for such

22 land in the agreement between the city and the

23 Forest Service in the letter of understanding

24 dated October 14, 1999, the amount of equivalent

25 dwelling unit monthly service fees for which the
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1 city shall be responsible under paragraph (1)(B)

2 shall be reduced so that the total amount of

3 charges, costs, and fees for which the city is re4 sponsible under that paragraph is equal to such

5 appraised value.

6 (d) USE OF LAND.—

7 (1) IN GENERAL.—The land conveyed under sub8 section (a) shall be used by the city for a sewage

9 treatment facility and for the disposal of treated efflu10 ent.

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

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

13 for a purpose described in paragraph (1), at the op14 tion of the United States, title to the land shall revert

15 to the United States.

16 (e) AUTHORITY TO ACQUIRE LAND IN SUBSTI17 TUTION.—Subject to the availability of appropriations, the

18 Secretary shall acquire land within Oregon, and within or

19 in the vicinity of the Deschutes National Forest, of an acre20 age equivalent to that of the land conveyed under subsection
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1 (a). Any lands acquired shall be added to and administered

2 as part of the Deschutes National Forest.

Attest:

Clerk.