[Congressional Record Volume 145, Number 163 (Wednesday, November 17, 1999)]
[House]
[Pages H12130-H12131]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                CITY OF SISTERS, OREGON, LAND CONVEYANCE

  Mrs. CHENOWETH-HAGE. Mr. Speaker, I move to suspend the rules and 
pass the Senate bill (S. 416) 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, as amended.
  The Clerk read as follows:

                                 S. 416

       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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Idaho (Mrs. Chenoweth-Hage) and the gentleman from California (Mr. 
George Miller) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Idaho (Mrs. Chenoweth-
Hage).


                             General Leave

  Mrs. CHENOWETH-HAGE. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on S. 416.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Idaho?
  There was no objection.
  Mrs. CHENOWETH-HAGE. Mr. Speaker, I yield myself such time as I may 
cosume.
  Mr. Speaker, Senate bill 416 was introduced by Senator Gordon Smith 
of Oregon. This legislation would 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.
  Now, the gentleman from Oregon (Mr. Walden), our colleague, should be 
commended for his dedication to this issue. He has worked tirelessly 
with the Forest Service and with the mayor of Sisters, Oregon, to shape 
Senate bill 416 so it could be passed today.
  Senate 416 was favorably reported, as amended, from the full 
committee by voice vote on October 20, 1999.
  Mr. Speaker, I urge my colleagues to support passage of Senate bill 
416 under suspension of the rules.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Oregon (Mr. Walden) for further explanation of the bill.
  Mr. WALDEN of Oregon. Mr. Speaker, I thank the gentlewoman from Idaho 
(Mrs. Chenoweth-Hage) for her work on this legislation, and I would 
like to thank the gentleman from California (Mr. Miller) from the 
committee as well for his help in crafting the agreement that we 
approved.
  Mr. Speaker, Senate bill 416 is of the utmost importance to the 
health and welfare of the constituents of my district. This legislation 
will convey a parcel of land for the use by the City of Sisters, 
Oregon, for the development of a sewage treatment facility. It has 
strong bipartisan support from its cosponsors, Senator Wyden and 
Senator Smith, and it passed unanimously in the other body.
  The bill also has the support of the gentleman from Oregon (Mr. 
DeFazio), my fellow Oregonian across the aisle who serves on the 
Committee on Resources as well.
  Mr. Speaker, Sisters, Oregon is a popular tourist town surrounded by 
the Deschutes National Forest. Unfortunately, it lacks a wastewater 
treatment facility to support its residents who must use septic 
systems. There is a critical need for a treatment facility due to the 
failure of many of the aging septic tanks in this community.
  There is a current and immediate health threat from surfacing 
effluent, to put it delicately. During the summer months, in order to 
accommodate tourists who often visit the surrounding lands, the city 
must place approximately 60 portable toilets around the town.
  Even though the city is economically distressed, it has put together 
a financing package of approximately $7 million for a wastewater 
treatment facility. Unfortunately, additional funds to acquire land for 
the treatment facility

[[Page H12131]]

and the disposition of treated wastewater are currently beyond the 
residents' ability to pay, which is why we are here today.
  Mr. Speaker, this bill, as amended, represents a bipartisan agreement 
for exchange of land for the City of Sisters in exchange for a waiver 
of hook-up fees and future services between its surrounding neighbor, 
the U.S. Forest Service. This agreement will allow a much-needed 
wastewater treatment facility to be built for the benefit of the 
residents of Sisters, the Forest Service and its employees, and the 
visitors who stop by this busy wayside as they travel through Oregon 
and vacation in nearby Forest Service lands.
  The Federal Government will save tens of thousands of dollars in 
hook-up fees and future treatment expenses. The residents of Sisters 
will get the land they need to construct a treatment facility that will 
eliminate the health hazards they face.
  Mr. Speaker, I want to thank Mayor Steve Wilson of Sisters, the 
Deschutes Forest Supervisor Sally Collins, and the Subcommittee on 
Forests and Forest Health staff, and the minority staff as well, for 
all the hard work they put into this well-conceived legislation. I 
strongly support passage of Senate bill 416.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such 
time as I may consume.
  (Mr. GEORGE MILLER of California asked and was given permission to 
revise and extend his remarks.)
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, I want to commend the gentleman from Oregon (Mr. Walden) 
who just spoke in the well for all the work that he did on this 
legislation, along with the gentleman from Oregon (Mr. DeFazio). The 
gentleman has quite properly explained the impact of the legislation 
and we are in agreement with him and urge its passage.
  Mr. Speaker, S. 416 directs the Secretary of Agriculture to convey, 
after a public process, either 160 or 240 acres to the City of Sisters, 
Oregon for use as a sewage treatment facility. The City of Sisters is 
surrounded by federal land and is in dire need of a wastewater 
treatment plant. While I recognize that this is a worthy cause, I do 
not support the practice of giving away federal land. Nor do I support 
legislating land conveyances that circumvent the administrative process 
and fair market value requirements.
  Nevertheless, I no longer object to this bill because under my 
amendment which the Committee adopted, the Forest Service will be 
adequately compensated for the land it conveys to the city. The city 
has agreed to waive sewage treatment-related costs for the Forest 
Service in the facility's service area in an amount equal to the value 
of the federal land. The bill also provides that if the final federal 
appraisal deviates by ten percent or more from the city's preliminary 
appraisal, then the city and the Secretary would have to mutually agree 
on compensation to attain the higher appraised value. This provision 
ensures that the federal government gets a close approximation of fair 
market value for its land.
  I commend Mr. Walden for his hard work on this bill and his 
willingness to work with me to address my concerns, as well as those of 
the Forest Service. I urge my colleagues to support S. 416, as amended.
  Mr. Speaker, I yield back the balance of my time.
  Mrs. CHENOWETH-HAGE. Mr. Speaker, I have no more requests for time, 
and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Idaho (Mrs. Chenoweth-Hage) that the House suspend the 
rules and pass the Senate bill, S. 416, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill, as amended, was 
passed.
  A motion to reconsider was laid on the table.

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