[House Report 106-453]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-453
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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.