LAND CONVEYANCE
(Senate - November 19, 1999)

Text available as:

Formatting necessary for an accurate reading of this text may be shown by tags (e.g., <DELETED> or <BOLD>) or may be missing from this TXT display. For complete and accurate display of this text, see the PDF.

[Pages S15223-S15224]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            LAND CONVEYANCE

  Ms. COLLINS. Mr. President, I ask the Chair lay before the Senate a 
message from the House of Representatives on S. 416, 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.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       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:

     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

[[Page S15224]]

     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 froth 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) Adustment 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 apprised 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 describe 
     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.

  Ms. COLLINS. Mr. President, I ask unanimous consent that the Senate 
concur in the amendment of the House.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________