[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 416 Engrossed Amendment House (EAH)]


  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:

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.
            Attest:

                                                                          Clerk.