[106th Congress Public Law 144]
[From the U.S. Government Printing Office]
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[DOCID: f:publ144.106]
[[Page 1707]]
OREGON LAND CONVEYANCE
[[Page 113 STAT. 1708]]
Public Law 106-144
106th Congress
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. <<NOTE: Dec. 7, 1999 - [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) <<NOTE: Deadline.>> 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.--
[[Page 113 STAT. 1709]]
(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.
[[Page 113 STAT. 1710]]
(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.
Approved December 7, 1999.
LEGISLATIVE HISTORY--S. 416:
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HOUSE REPORTS: No. 106-453 (Comm. on Resources).
SENATE REPORTS: No. 106-60 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 145 (1999):
July 1, considered and passed Senate.
Nov. 17, considered and passed House, amended.
Nov. 19, Senate concurred in House amendment.
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