II

103D CONGRESS

2D SESSION S. 2248

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

Wenatachee 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

JUNE 29 (legislative day, JUNE 7), 1994

Mr. GORTON (for himself and Mrs. MURRAY) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To permit the Secretary of Agriculture to exchange certain

lands in the Wenatachee 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’’) may convey all right, title, and interest of

7 the United States in National Forest System lands de-
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1 scribed in subsection (b)(1) to Public Utility District No.

2 1 of Chelan County, Washington (referred to in this sec3 tion as the ‘‘Public Utility District’’), in exchange for the

4 conveyance to the Department of Agriculture by the Pub5 lic Utility District of all right, title, and interest of the

6 Public Utility District in the lands described in subsection

7 (b)(2).

8 (b) DESCRIPTIONS OF LANDS.—

9 (1) NATIONAL FOREST SYSTEM LANDS.—The

10 National Forest System lands referred to in sub11 section (a) are 90 acres, more or less, that are par12 tially occupied by a wastewater treatment facility re13 ferred to in subsection (c)(3)(A) with the following

14 legal description:

(A) The NE 1⁄4 of SW 1 15 ⁄4 of section 27 of

16 township 27 north, range 17 east, Willamette

17 Meridian, Chelan County, Washington.

(B) The N 1⁄2 of SE 1⁄4 of SW 1 18 ⁄4 of such

19 section 27.

(C) The W 1⁄2 of NW 1⁄4 of SE 1 20 ⁄4 of such

21 section 27.

(D) The NW 1⁄4 of SW 1⁄4 of SE 1 22 ⁄4 of

23 such section 27.

24 (2) PUBLIC UTILITY DISTRICT LANDS.—The

25 lands owned by the Public Utility District are
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1 109.15 acres, more or less, with the following legal

2 description:

(A) S 1⁄2 of SW 1 3 ⁄4 of section 35 of town4 ship 26 north, range 17 east, Willamette Merid5 ian, Chelan County, Washington.

6 (B) The area specified by Public Utility

7 District No. 1 as Government Lot 5 in such

8 section 35.

9 (c) REQUIREMENTS FOR EXCHANGE.—

10 (1) APPRAISALS REQUIRED.—Before making an

11 exchange pursuant to subsection (a), the Secretary

12 shall conduct an appraisal of the lands that are sub13 ject to the exchange to determine the fair market

14 value of the lands. Such appraisal may not include

15 the value of the wastewater treatment facility re16 ferred to in paragraph (3)(A).

17 (2) ADDITIONAL CONSIDERATION.—If, on the

18 basis of an appraisal made under paragraph (1), the

19 Secretary determines that the fair market value of

20 the lands to be conveyed by one party under sub21 section (a) is less than the fair market value of the

22 lands to be conveyed by the other party under sub23 section (a), then, as a condition of making the ex24 change under subsection (a), the party conveying the

25 lands with the lesser value shall pay the other party
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1 the amount by which the fair market value of the

2 lands of greater value exceeds the fair market value

3 of the lands of lesser value.

4 (3) CONVEYANCE OF WASTEWATER TREATMENT

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

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

7 Public Utility District of Chelan County, Washing8 ton all right, title, and interest of the United States

9 in the wastewater treatment facility (including the

10 wastewater treatment plant and associated lagoons)

11 located on the lands described in subsection (b)(1)

12 that is in existence on the date of the exchange.

13 (B) As a condition for the exchange under sub14 section (a), the Public Utility District shall provide

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

16 wastewater treatment facility conveyed pursuant to

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

18 1991), that shall be applied to the share that the

19 Federal Government is obligated to pay for a new

20 wastewater treatment facility constructed by the

21 Public Utility District after such date.

22 (d) ADDITIONAL TERMS AND CONDITIONS.—The

23 Secretary may require such additional terms and condi24 tions in connection with the exchange under this section
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1 as the Secretary determines appropriate to protect the in2 terests of the United States.

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