Pub. L. 103-160, div. B, tit. XXVIII, subtit. D, sec. 2842

CONVEYANCE OF WATER DISTRIBUTION SYSTEM, FORT LEE, VIRGINIA.

EnactedYear: 1993Length: 677 wordsOfficial source
SEC. 2842. CONVEYANCE OF WATER DISTRIBUTION SYSTEM, FORT LEE, VIRGINIA. (a) Authority To Convey.—(1) The Secretary of the Army may convey to the American Water Company, Virginia (in this section referred to as “American Water Company”), all right, title, and interest of the United States in and to the water distribution system described in paragraph (2). (2) The water distribution system described in paragraph (1) is the water distribution system located at Fort Lee, Virginia, consisting of approximately 7 miles of transmission lines, 85 miles of distribution and service lines, fire hydrants, elevated storage tanks, pumping stations, and other improvements, owned and utilized by the Federal Government in order to provide water to and distribute water at Fort Lee. The water distribution system does not include any real property. (b) Related Easements.—The Secretary may grant to American Water Company the following easements relating to the conveyance of the water distribution system authorized by subsection (a): 107 STAT. 1899 (1) Such easements, if any, as the Secretary and American Water Company jointly determine are necessary in order to provide for access by American Water Company to the water distribution system for maintenance, safety, and related purposes. (2) Such rights of way appurtenant, if any, as the Secretary and American Water Company jointly determine are necessary in order to satisfy requirements imposed by any Federal or State agency relating to the maintenance of a buffer zone around the water distribution system. (c) Requirement Relating to Conveyance.—The Secretary may not carry out the conveyance of the water distribution system authorized by subsection (a) unless Washington Gas Company agrees to accept the system in its existing condition at the time of the conveyance. (d) Conditions.—The conveyance of the water distribution system authorized in subsection (a) shall be subject to the following conditions: (1) That American Water Company provide water to and distribute water at Fort Lee at a rate that is no less favorable than the rate American Water Company would charge a public or private consumer of water similar to Fort Lee for the provision and distribution of water. (2) That American Water Company maintain, repair, and conduct safety inspections of the water distribution system. (3) That American Water Company comply with all applicable environmental laws and regulations (including any permit or license requirements) in providing and distributing water at Fort Lee through the water distribution system. (4) That American Water Company not commence any expansion of the water distribution system without approval of such expansion by the commander of Fort Lee. (e) Fair Market Value.—The Secretary shall ensure that the value to the Army of the actions taken by American Water Company in accordance with subsection (d) is at least equal to the fair market value of the water distribution system conveyed pursuant to subsection (a). (f) Reversion.—If the Secretary determines at any time that American Water Company is not complying with the conditions specified in subsection (d), all right, title, and interest of American Water Company in and to the water distribution system conveyed pursuant to subsection (a), including any improvements thereto and any modifications made to the system by American Water Company after such conveyance, and any easements granted under subsection (b), shall revert to the United States and the United States shall have the immediate right of possession, including the right to operate the water distribution system. (g) Description of Property.—The exact legal description of the water distribution system to be conveyed pursuant to subsection (a), including any easements granted with respect to such system under subsection (b), shall be determined in a manner, including by survey, satisfactory to the Secretary. The cost of any survey or other services performed at the direction of the Secretary pursuant to the authority in the preceding sentence shall be borne y American Water Company. (h) Additional Terms and Conditions.—The Secretary may require such additional terms and conditions in connection with 107 STAT. 1900the conveyance under subsection (a) and the grant of any easement under subsection (b) as the Secretary considers appropriate to protect the interests of the United States.