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[DOCID: f:s416enr.txt]
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.--
(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.
(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.
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