II

Calendar No. 130

106TH CONGRESS

1ST SESSION S. 416

[Report No. 106–60]

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.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 11, 1999

Mr. SMITH of Oregon (for himself and Mr. WYDEN) introduced the following

bill; which was read twice and referred to the Committee on Energy and

Natural Resources

JUNE 2, 1999

Reported under authority of the order of the Senate of May 27, 1999, by Mr.

MURKOWSKI, with amendments.

[Omit the part struck through and insert the part printed in italic]

A BILL

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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S 416 RS

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

2 health threat from a major outbreak of infectious

3 diseases 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

6 area;

7 (3) the city is surrounded by Forest Service

8 land and has no reasonable access to non-Federal

9 parcels of land large enough, and with the proper

10 soil conditions, for the development of a sewage

11 treatment facility;

12 (4) the Forest Service currently must operate,

13 maintain, and replace 11 separate septic systems to

14 serve existing Forest Service facilities in the city of

15 Sisters; and

16 (5) the Forest Service currently administers 77

17 acres of land within the city limits that would in18 crease in value as a result of construction of a sewer

19 system.

20 SEC. 2. CONVEYANCE.

21 (a) IN GENERAL.—Not later than 1 year As soon as

22 practicable and upon completion of any documents or anal23 ysis required by any environmental law, but not later than

24 180 days after the date of enactment of this Act, the Sec25 retary of Agriculture shall convey to the city of Sisters,
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S 416 RS

1 Oregon, at no cost to the city except the cost of prepara2 tion of any documents required by any environmental law

3 in connection with the conveyance, the parcel of land de4 scribed in subsection (b).

5 (b) LAND DESCRIPTION.—THE LAND DESCRIBED IN

6 THIS SUBSECTION IS THE PARCEL OF LAND LOCATED

7 IN—

8 conveyance, an amount of land that is not more than is

9 reasonably necessary for a sewage treatment facility and

10 for the disposal of treated effluent consistent with subsection

11 (c).

12 ‘‘(b) LAND DESCRIPTION.—The amount of land con13 veyed under subsection (a) shall be not less than 160 acres

14 and not more than 240 acres from within the following—

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

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

17 the portion of the SW quarter of section 09, town18 ship 15 south, range 10 west, W.M., Deschutes, Or19 egon, that lies east of Three Creeks Lake Road, but

20 not including the westernmost 500 feet of that por21 tion; and

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

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

24 County, Oregon, lying easterly of Three Creeks Lake

25 Road.
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1 (c) CONDITION.—The conveyance under subsection

2 (a) shall be made on the condition that the city agree to

3 conduct a public process before the final determination is

4 made regarding land use for the disposition of treated ef5 fluent.

6 (d) SPECIAL USE PERMIT.—Not later than 120 days

7 after the date of enactment of this Act, in compliance with

8 applicable environmental laws (including regulations), the

9 Secretary shall issue a special use permit for the land con10 veyed under subsection (a) that allows the city access to

11 the land for the purpose of commencing construction of

12 the sewage treatment plant.

13 (e) (d) USE OF LAND.—

14 (1) IN GENERAL.—The land conveyed under

15 subsection (a) shall be used by the city for a sewage

16 treatment facility and for the disposal of treated ef17 fluent.

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

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

20 for a purpose described in paragraph (1), at the op21 tion of the United States, title to the land shall re22 vert to the United States.

23 SEC. 3. SALE OF ADMINISTRATIVE LAND.

24 (a) IN GENERAL.—Not later than 3 years after the

25 date of enactment of the Act, and notwithstanding any
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1 other provision of law, the Secretary shall sell, at fair mar2 ket value, not less than a total of 6 acres of unimproved

3 land in the city that is currently designated for adminis4 trative use. There are authorized to be appropriated such

5 sums as are necessary to prepare the sale.

6 (b) DEPOSIT OF PROCEEDS.—The Secretary shall de7 posit the proceeds of a sale under subsection (a) in the

8 fund established by Public Law 90–171 (commonly known

9 as the ‘‘Sisk Act’’) (16 U.S.C. 484a).

10 (c) USE OF PROCEEDS.—

11 (1) IN GENERAL.—Funds deposited under sub12 section (b) shall be available for expenditure, without

13 further Act of appropriation, as follows:

14 (A) Not more than 25 percent shall be

15 available for administrative improvements at

16 the Sisters Ranger District.

17 (B) The remainder shall be available for

18 purposes that are directly related to improving

19 the long-term condition of the watershed of

20 Squaw Creek, a tributary of the Deschutes

21 River, Oregon.

22 (2) METHOD OF EXPENDITURE.—The super23 visor of the Deschutes National Forest may expend

24 funds deposited under subsection (b) directly or may

25 provide the funds in the form of grants to local wa-
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1 tershed councils, including the Working Group (as

2 defined in section 1025(a) of division I of the Omni3 bus Parks and Public Lands Management Act of

4 1996 (110 Stat. 4226)).

Calendar No. 130

106TH CONGRESS

1ST SESSION S. 416

[Report No. 106–60]

A BILL

To direct the Secretary of Agriculture to convey to

ment facility.land for use in connection with a sewage treatthe city of Sisters, Oregon, a certain parcel of

JUNE 2, 1999

Reported with amendments