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106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-453

======================================================================



 
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

                                _______
                                

November 5, 1999.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 416]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the 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, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

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.

                          PURPOSE OF THE BILL

    The purpose of S. 416 is 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.

                  BACKGROUND AND NEED FOR LEGISLATION

    Sisters is a small town located in central Oregon at the 
base of the Cascade Mountains. It is literally surrounded by 
land managed by the U.S. Forest Service. The town has serious 
concerns about a possible outbreak of infectious diseases and 
groundwater contamination from leaking and aging septic 
systems, and there is no non-federal parcel of land large 
enough (and with the proper soil conditions) for the 
development of a sewage treatment facility. The U.S. Forest 
Service must currently operate, maintain and replace 11 
separate septic systems to serve existing Forest Service 
facilities in the Sisters area. The Forest Service also 
administers 77 acres of land within the city limits that would 
increase in value as a result of the construction of a sewer 
system. Legislation is required to acquire National Forest 
lands for Sisters to adequately address its wastewater disposal 
needs and to prevent potential health threats.

                            COMMITTEE ACTION

    S. 416 was introduced on February 11, 1999, by Senator 
Gordon Smith (R-OR). The Senate passed S. 416 on July 2, 1999, 
by unanimous consent. In the House of Representatives, the bill 
was referred to the Committee on Resources and within the 
Committee to the Subcommittee on Forests and Forest Health. The 
Subcommittee held a hearing on the bill on August 3, 1999. 
Congressman Greg Walden (R-OR), Mr. Steven Wilson, the Mayor of 
the City of Sisters, and a representative of the U.S. Forest 
Service testified on S. 416.
    On October 20, 1999, the Committee on Resources met to 
consider S. 416. The Subcommittee on Forests and Forest Health 
was discharged by unanimous consent from further consideration 
of the bill. Congressman George Miller (D-CA) offered an 
amendment that addressed the equity concerns raised by the 
Forest Service. It was adopted by voice vote. The bill, as 
amended, was then ordered favorably reported to the House of 
Representatives by voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures. According to the Congressional Budget Office, 
enactment of S. 416 would reduce offsetting receipts by about 
$675,000 in fiscal year 2000.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 4, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for 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.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Victoria 
Heid Hall (for federal costs), and Marjorie Miller (for the 
impact on state and local governments).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

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

    CBO estimates that implementing S. 416 would reduce 
offsetting receipts by about $675,000 in fiscal year 2000. 
Because the bill would affect offsetting receipts (a credit 
against direct spending), pay-as-you-go procedures would apply. 
Discretionary spending by the Forest Service could also 
increase by a small amount over the next five years. S. 416 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act.
    S. 416 would direct the Forest Service to convey to the 
city of Sisters, Oregon, up to 240 acres of federal land for 
the city to construct a sewage treatment facility and dispose 
of treated effluent. The amount of acreage to be conveyed would 
be determined after the city completes a public review process.
    Based on information from the Forest Service, we expect 
that the agency will sell the 240 acres to the city of Sisters 
and that the city will pay the Forest Service about $675,000 
for the land under current law. Under S. 416, we also expect 
that the Forest Service will convey the land to the city, but 
the legislation would allow the city to pay for the land by 
waiving utility construction costs and monthly service fees to 
the Forest Service in lieu of a cash payment for the land. 
Therefore, enacting this legislation would reduce offsetting 
receipts to the federal government by about $675,000 in fiscal 
year 2000. (The reduction in Forest Service payments to the 
city for utility services would reduce the agency's 
discretionary spending, as discussed below.)
    The legislation would direct the Forest Service to acquire 
an equivalent amount of land in the vicinity of Deschutes 
National Forest in Oregon, subject to appropriation of the 
necessary amounts. We estimate that acquiring 240 acres would 
cost $675,000 over the 2002-2004 period. Taken together with 
the reduced discretionary spending for utility services, we 
estimate that implementing S. 416 would result in a net 
increase in discretionary spending of less than $500,000 over 
the next five years. (Discretionary savings from lower utility 
costs for the Forest Service would not fully offset the cost of 
the new land purchase for more than 10 years.)
    S. 416 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. The 
city of Sisters, Oregon, probably would incur some costs to 
acquire the land, but such costs would be voluntary. The 
legislation would impose no costs on other state, local, or 
tribal governments.
    On May 26, 1999, CBO prepared a cost estimate for S. 416 as 
ordered reported by the Senate Committee on Energy and Natural 
Resources on May 19, 1999. The legislation was amended by the 
House Committee on Resources, and the cost estimates differ 
accordingly.
    The CBO staff contacts are Victoria Heid Hall (for federal 
costs), and Majorie Miller (for the impact on state and local 
governments). The estimate was approved by Peter H. Fontaine, 
Deputy Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.