H. R. 2401—350
(B) by striking out ‘‘subparagraph (B)’’ and inserting
in lieu thereof ‘‘paragraph (2)’’; and
(C) by redesignating subparagraph (B) as paragraph
(2); and
(3) in paragraph (2), as so redesignated, by striking out
‘‘subparagraph (A)’’ and inserting in lieu thereof ‘‘paragraph
(1)’’.
(c) LEASEBACK
OF
FACILITIES.—Such section is further
amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new sub-
section:
‘‘(d) LEASEBACK OF FACILITIES.—The Secretary may lease from
the Institute, at fair market rental value, the facilities referred
to in subsection (a)(2) after the sale of such facilities referred
to in that subsection. The term of such lease may not exceed
2 years.’’.
SEC. 2833. MODIFICATION OF LEASE AUTHORITY, NAVAL SUPPLY CEN-
TER, OAKLAND, CALIFORNIA.
(a) EXPANSION OF LEASE AUTHORITY.—Paragraph (1) of sub-
section (b) of section 2834 of the Military Construction Authorization
Act for Fiscal Year 1993 (division B of Public Law 102–484; 106
Stat. 2614) is amended by striking out ‘‘not more than 195 acres
of real property’’ and all that follows through the period and insert-
ing in lieu thereof ‘‘those portions of the Naval Supply Center,
Oakland, California, that the Secretary determines to be available
for lease.’’.
(b) CONSIDERATION.—Paragraph (2) of such subsection is
amended—
(1) by striking out ‘‘and’’ at the end of subparagraph (A);
(2) by striking out the period at the end of subparagraph
(B) and inserting in lieu thereof ‘‘; and’’; and
(3) by adding at the end the following new subparagraph:
‘‘(C) be for nominal consideration.’’.
(c) CONFORMING AMENDMENTS.—Such subsection is further
amended—
(1) in paragraph (2)(B), by striking out ‘‘shall’’;
(2) by striking out paragraphs (3), (4), and (5); and
(3) by redesignating paragraph (6) as paragraph (3).
SEC. 2834. EXPANSION OF LAND TRANSACTION AUTHORITY INVOLV-
ING HUNTERS POINT NAVAL SHIPYARD, SAN FRANCISCO,
CALIFORNIA.
Section 2824(a) of the Military Construction Authorization Act
for Fiscal Year 1991 (division B of Public Law 101–510; 104 Stat.
1790) is amended by adding at the end the following new paragraph:
‘‘(3) In lieu of entering into a lease under paragraph (1), the
Secretary may convey the property described in such paragraph
to the City (or a local reuse organization approved by the City)
for such consideration and under such terms as the Secretary
considers appropriate.’’.
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H. R. 2401—351
Subtitle D—Land Transactions Involving
Utilities
SEC. 2841. CONVEYANCE OF NATURAL GAS DISTRIBUTION SYSTEM,
FORT BELVOIR, VIRGINIA.
(a) AUTHORITY TO CONVEY.—(1) The Secretary of the Army
may convey to the Washington Gas Company, Virginia (in this
section referred to as ‘‘Washington Gas Company’’), all right, title,
and interest of the United States in and to the natural gas distribu-
tion system described in paragraph (2).
(2) The natural distribution gas system referred to in paragraph
(1) is the natural gas distribution system located at Fort Belvoir,
Virginia, consisting of approximately 15.6 miles of natural gas
distribution lines and the equipment, fixtures, structures, and other
improvements owned and utilized by the Federal Government at
Fort Belvoir in order to provide natural gas to and distribute
natural gas at Fort Belvoir. The natural gas distribution system
does not include any real property.
(b) RELATED
EASEMENTS.—The Secretary may grant to
Washington Gas Company the following easements relating to the
conveyance of the natural gas distribution system authorized by
subsection (a):
(1) Such easements, if any, as the Secretary and Washing-
ton Gas Company jointly determine are necessary in order
to provide access to the natural gas distribution system for
maintenance, safety, and other purposes.
(2) Such rights of way appurtenant, if any, as the Secretary
and Washington Gas 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 natural gas distribution system.
(c) REQUIREMENT RELATING TO CONVEYANCE.—The Secretary
may not carry out the conveyance of the natural gas distribution
system authorized in subsection (a) unless Washington Gas Com-
pany agrees to accept the system in its existing condition at the
time of the conveyance.
(d) CONDITIONS.—The conveyance of the natural gas distribu-
tion system authorized by subsection (a) is subject to the following
conditions:
(1) That Washington Gas Company provide natural gas
to and distribute natural gas at Fort Belvoir at a rate that
is no less favorable than the rate Washington Gas Company
would charge a public or private consumer of natural gas simi-
lar to Fort Belvoir for the provision and distribution of natural
gas.
(2) That Washington Gas Company maintain, repair, con-
duct safety inspections, and conduct leak test surveys required
for the natural gas distribution system.
(3) That Washington Gas Company, at no cost to the Fed-
eral Government, expand and upgrade the natural gas distribu-
tion system as necessary to meet the increasing needs of Fort
Belvoir for natural gas that will result from conversion, to
the extent anticipated by the Secretary at the time of convey-
ance, of oil-burning utilities at Fort Belvoir to natural gas-
burning utilities.
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H. R. 2401—352
(4) That Washington Gas Company comply with all
applicable environmental laws and regulations (including any
permit or license requirements) in providing and distributing
natural gas to Fort Belvoir through the natural gas distribution
system.
(5) That Washington Gas Company not commence any
expansion of the natural gas distribution system without
approval of such expansion by the commander of Fort Belvoir.
(e) FAIR MARKET VALUE.—The Secretary shall ensure that the
value to the Army of the actions taken by Washington Gas Company
in accordance with subsection (d) is at least equal to the fair
market value of the natural gas distribution system conveyed pursu-
ant to subsection (a).
(f) REVERSION.—If the Secretary determines at any time that
Washington Gas Company is not complying with the conditions
set forth in subsection (d), all right, title, and interest of Washington
Gas Company in and to the natural gas distribution system con-
veyed pursuant to subsection (a), including improvements thereto
and any modifications made to the system by Washington Gas
Company after such conveyance, and any easements granted under
subsection (b), shall revert to the United States and the United
States shall have the right of immediate possession, including the
right to operate the system.
(g) DESCRIPTION
OF PROPERTY.—The exact legal description
of the equipment, fixtures, structures, and improvements to be
conveyed under subsection (a), and of any easements granted under
subsection (b), shall be determined in a manner, including by sur-
vey, 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 by Washing-
ton Gas Company.
(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) and the grant of any easement
under subsection (b) as the Secretary considers appropriate to pro-
tect the interests of the United States.
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 uti-
lized 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 Amer-
ican Water Company the following easements relating to the convey-
ance of the water distribution system authorized by subsection
(a):
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H. R. 2401—353
(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 pur-
poses.
(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 sys-
tem 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 provi-
sion 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 sub-
section (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
by American Water Company.
(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
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