Pub. L. 90-483, tit. I, sec. 104

Sec. 104. (a) That notwithstanding any other provision of law, the Secretary of the Army or his designee, is authorized and directed to convey to the State of West Virginia, subject to the terms and conditions hereinafter stated, and to such other terms and conditions as the Secretary of the Army, or his designee, shall deem to be in the public interest, all right, title, and interest of the United States in and to certain real property, together with improvements thereon, located at Ohio River locks and dams numbered 16, 19, 20, and 21 in West Virginia as described in subsection (b) of this section. No property shall be conveyed under authority of this section until these locks and dams have been determined by the Secretary to be in excess to the requirements of the Department of the Army and suitable replacement facilities are in operation under the Ohio River navigation modernization program. The Secretary may make such prior disposition of such facilities and improvements on such lands as he deems to be in the best interest of the United States. (b) The real property authorized for conveyance by subsection (a) of this section comprise all or portions of such lands and improvements as may be determined excess of four lock and dam projects on the Ohio River in the State of West Virginia and designated as, number 16 (Willow Island Pool) in Tyler County, numbers 19 and 20 (Belleville Pool) in Wood County, and number 21 (Racine Pool) in Jackson County. The exact descriptions and acreage, to be determined by the Secretary by accurate surveys, the cost of which is to be borne by the State of West Virginia. (c) The conveyance authorized herein shall provide that said property shall be used only for public park and recreation purposes and such other uses directly related to the programs of the West Virginia Department of Natural Resources, and if it ever ceases to be used for such purposes, title to said property shall immediately revert to the United States. Any deed of conveyance shall also be subject to and include the following additional terms and conditions: (1) The State of West Virginia shall pay the United States as consideration for the conveyance 50 per centum of the current fair market value of the property as determined by the Secretary of the Army. (2) There shall be reserved to the United States such flowage easements and rights-of-way for roads and utility lines as the Secretary determines may be required for other navigation projects. (3) Such other restrictions, terms, and conditions as the Secretary deems necessary to protect the interests of the United States, (d) Any moneys paid for the conveyances referred to herein shall be covered into the United States Treasury as miscellaneous receipts.