Pub. L. 102-484, div. B, tit. XXVIII, subtit. C, sec. 2835

GRANT OF EASEMENT AT NAVAL AIR STATION, MIRAMAR, SAN DIEGO, CALIFORNIA.

EnactedYear: 1992Length: 449 wordsOfficial source
SEC. 2835. GRANT OF EASEMENT AT NAVAL AIR STATION, MIRAMAR, SAN DIEGO, CALIFORNIA. (a) Authority To Grant Easement.— The Secretary of the Navy may grant to San Diego Gas and Electric Company (in this section referred to as “SDG&E”) an easement on a parcel of real property consisting of approximately 120 acres that is located in the northeast portion of Naval Air Station, Miramar, California (in this section referred to as the “Air Station”). The purpose of the easement is to enable SDG&E to construct, operate, and maintain an electric transmission substation and associated electric transmission lines. (b) Consideration.— (1) As consideration for the grant of an easement to SDG&E under subsection (a), SDG&E shall pay to the United States an amount that is not less than the fair market value of that easement, as determined by the Secretary. (2) The Secretary may accept from SDG&E, in lieu of payment of up to 50 percent of the agreed consideration, the following: (A) The establishment of an alternative source of 12 kilo-volts of electric power for the Air Station. 106 STAT. 2616 (B) Such improvements to the electrical distribution system of the Air Station as the Secretary designates for the purposes of this paragraph. (c) Use of Proceeds.— (1) The amounts of consideration paid under subsection (b) shall be deposited in the special account established for the Department of the Navy under section 2667(d)(1)(A) of title 10, United States Code. (2) Subject to the availability of appropriations for this purpose, of the sums in such account— (A) there shall be available for facility maintenance and repair and for environmental restoration by the Department of the Navy the amount equal to 50 percent of the total agreed consideration for the grant of the easement under subsection (a); and (B) there shall be available for facility maintenance and repair or environmental restoration of the Air Station, the amount equal to the excess (if any) of 50 percent of such total consideration over the amount equal to the sum of— (i) the total cost incurred by SDG&E for the establishment of the alternative power source pursuant to subsection (b)(2)(A); and (ii) the total cost of the improvements made by SDG&E pursuant to subsection (b)(2)(B). (d) Legal Description.— The exact acreage and legal description of the real property subject to the easement granted under this section shall be determined by a survey that is satisfactory to the Secretary. The cost of the survey shall be home by SDG&E. (e) Additional Terms.— The Secretary may require any additional terms and conditions in connection with the grant of an easement under this section that the Secretary considers appropriate to protect the interests of the United States.