H. R. 2401—358
SEC. 2846. CONVEYANCE OF ELECTRICITY DISTRIBUTION SYSTEM,
FORT DIX, NEW JERSEY.
(a) AUTHORITY TO CONVEY.—(1) The Secretary of the Army
may convey to the Jersey Central Power and Light Company, New
Jersey (in this section referred to as ‘‘Jersey Central’’), all right,
title, and interest of the United States in and to the electricity
distribution system described in paragraph (2).
(2) The electricity distribution system referred to in paragraph
(1) is the electricity distribution system located at Fort Dix, New
Jersey, consisting of approximately 145.6 miles of electricity dis-
tribution lines, as well as electricity poles, transformers, electricity
substations, and other electricity distribution improvements owned
and utilized by the Federal Government in order to provide elec-
tricity to and distribute electricity at Fort Dix. The electricity dis-
tribution system does not include any real property.
(b) RELATED EASEMENTS.—The Secretary may grant to Jersey
Central the following easements relating to the conveyance of the
electricity distribution system authorized by subsection (a):
(1) Such easements, if any, as the Secretary and Jersey
Central jointly determine are necessary in order to provide
for the access by Jersey Central to the electricity distribution
system for maintenance, safety, and related purposes.
(2) Such rights of way appurtenant, if any, as the Secretary
and Jersey Central jointly determine are necessary in order
to satisfy the requirements imposed by any Federal or State
agency relating to the maintenance of a buffer zone around
the electricity distribution system.
(c) REQUIREMENT RELATING TO CONVEYANCE.—The Secretary
may not carry out the conveyance of the electricity distribution
system authorized by subsection (a) unless Jersey Central agrees
to accept the system in its existing condition at the time of the
conveyance.
(d) CONDITIONS.—The conveyance of the electricity distribution
system authorized in subsection (a) shall be subject to the following
conditions:
(1) That Jersey Central provide electricity to and distribute
electricity at Fort Dix at a rate that is no less favorable than
the rate Jersey Central would charge a public or private
consumer of electricity similar to Fort Dix for the provision
and distribution of electricity.
(2) That Jersey Central carry out safety upgrades to permit
the distribution system to carry electricity at up to 13,800
volts.
(3) That Jersey Central improve the electricity distribution
system by installing additional lightning protection devices in
such a manner as to permit the installation of air conditioning
in family housing units.
(4) That Jersey Central maintain and repair, and conduct
safety inspections and power factor surveys, of the electricity
distribution system.
(5) That Jersey Central comply with all applicable environ-
mental laws and regulations (including any permit or license
requirements) in providing and distributing electricity at Fort
Dix through the electricity distribution system.
(6) That Jersey Central not commence any expansion of
the electricity distribution system without approval of such
expansion by the commander of Fort Dix.
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H. R. 2401—359
(e) FAIR MARKET VALUE.—The Secretary shall ensure that the
value to the Army of the actions taken by Jersey Central in accord-
ance with subsection (d) is at least equal to the fair market value
of the electricity distribution system conveyed pursuant to sub-
section (a).
(f) REVERSION.—If the Secretary determines at any time that
Jersey Central is not complying with the conditions specified in
subsection (d), all right, title, and interest of Jersey Central in
and to the electrical distribution system conveyed pursuant to sub-
section (a), including any improvements thereto and any modifica-
tions made to the system by Jersey Central 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 entry thereon, including the right to operate the
electricity distribution system.
(g) DESCRIPTION
OF PROPERTY.—The exact legal description
of the electricity distribution system to be conveyed pursuant to
subsection (a), and of any easements granted under subsection
(b), shall be determined in a manner, including by survey, satisfac-
tory to the Secretary. The cost of any survey or other services
performed at the direction of the Secretary pursuant to the author-
ity in the preceding sentence shall be borne by Jersey Central.
(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. 2847. LEASE AND JOINT USE OF CERTAIN REAL PROPERTY,
MARINE CORPS BASE, CAMP PENDLETON, CALIFORNIA.
(a) LEASE AUTHORIZED.—The Secretary of the Navy may lease
to Tri-Cities Municipal Water District, a special governmental dis-
trict of the State of California (in the section referred to as the
‘‘District’’), such interests in real property located on, under, and
within the northern portion of the Marine Corps Base, Camp
Pendleton, California, as the Secretary determines to be necessary
for the District to develop, operate, and maintain water extraction
and distribution facilities for the mutual benefit of the District
and Camp Pendleton. The lease may be for a period of up to
50 years, or such additional period as the Secretary determines
to be in the interests of the United States.
(b) CONSIDERATION.—As consideration for the lease of real prop-
erty under subsection (a), the District shall—
(1) construct, operate, and maintain such improvements
as are necessary to fully develop the potential of the lower
San Mateo Water Basin for sustained yield and storage of
imported water for the joint benefit of the District and Camp
Pendleton;
(2) assume operating and maintenance responsibilities for
the existing water extraction, storage, distribution, and related
infrastructure within the northern portion of Camp Pendleton;
and
(3) pay to the United States, in the form of cash or addi-
tional services, an amount equal to the amount, if any, by
which the fair market value of the real property interests
leased under subsection (a) exceeds the fair market value of
the services provided under paragraphs (1) and (2).
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H. R. 2401—360
(c) DETERMINATION OF FAIR MARKET VALUE.—The Secretary
shall establish a system of accounts to establish the relative costs
and benefits accruing to the District and the United States under
the lease under subsection (a) and to ensure that the United States
receives at least fair market value for such lease, as determined
by an independent appraisal acceptable to the Secretary.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the lease under subsection (a) as the Secretary considers appro-
priate to protect the interests of the United States.
Subtitle E—Other Matters
SEC. 2851. CONVEYANCE OF REAL PROPERTY AT MISSILE SITES TO
ADJACENT LANDOWNERS.
(a) EXERCISE OF AUTHORITY BY ADMINISTRATOR OF GSA.—Sec-
tion 9781 of title 10, United States Code, is amended—
(1) in subsection (a)(1), by striking out ‘‘Secretary of the
Air Force’’ and inserting in lieu thereof ‘‘Administrator of Gen-
eral Services’’;
(2) in subsection (c), by striking out ‘‘Secretary’’ and insert-
ing in lieu thereof ‘‘Administrator’’;
(3) in subsection (e)—
(A) by striking out ‘‘Secretary’’ the first place it appears
and inserting in lieu thereof ‘‘Secretary of the Air Force’’;
and
(B) by striking out ‘‘Secretary’’ the second place it
appears and inserting in lieu thereof ‘‘Administrator’’; and
(4) in subsection (f), by striking out ‘‘Secretary’’ and insert-
ing in lieu thereof ‘‘Administrator’’.
(b) ELIGIBLE
LANDS.—Subsection (a)(2) of such section is
amended by striking out subparagraph (D) and inserting in lieu
thereof the following new subparagraph:
‘‘(D) is surrounded by lands that are adjacent to such
tract and that—
‘‘(i) are owned in fee simple by one owner, either
individually or by more than one person jointly, in common,
or by the entirety; or
‘‘(ii) are owned separately by two or more owners.’’.
(c) DISPOSITION.—Subsection (b) of such section is amended
to read as follows:
‘‘(b)(1)(A) Whenever the interest of the United States in a
tract of real property or easement referred to in subsection (a)
is available for disposition under this section, the Administrator
shall transmit a notice of the availability of the real property
or easement to each person described in subsection (a)(2)(D)(i) who
owns lands adjacent to that real property or easement.
‘‘(B) The Administrator shall convey, for fair market value,
the interest of the United States in a tract of land referred to
in subsection (a), or in any easement in connection with such
a tract of land, to any person or persons described in subsection
(a)(2)(D)(i) who, with respect to such land, are ready, willing, and
able to purchase such interest for the fair market value of such
interest.
‘‘(2)(A) In the case of a tract of real property referred to in
subsection (a) that is surrounded by adjacent lands that are owned
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H. R. 2401—361
separately by two or more owners, the Administrator shall dispose
of that tract of real property in accordance with this paragraph.
In disposing of the real property, the Administrator shall satisfy
the requirements specified in paragraph (1) regarding notice to
owners, sale at fair market value, and the determination of the
qualifications of the purchaser.
‘‘(B) The Administrator shall dispose of such a tract of real
property through a sealed bid competitive sale. The Administrator
shall afford an opportunity to compete to acquire the interest of
the United States in the real property to all of the persons described
in subsection (a)(2)(D)(ii) who own lands adjacent to that real prop-
erty. The Administrator shall restrict to these persons the oppor-
tunity to compete in the sealed bid competitive sale.
‘‘(C) Subject to subparagraph (D), the Administrator shall con-
vey the interest of the United States in the tract of real property
to the highest bidder.
‘‘(D) If all of the bids received by the Administrator in the
sealed bid competitive sale of the tract of real property are less
than the fair market value of the real property, the Administrator
shall dispose of the real property in accordance with the provisions
of title II of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 481 et seq.).’’.
SEC. 2852. PROHIBITION ON USE OF FUNDS FOR PLANNING AND
DESIGN OF DEPARTMENT OF DEFENSE VACCINE PRODUC-
TION FACILITY.
(a) PROHIBITION.—None of the funds authorized to be appro-
priated for the Department of Defense for fiscal year 1994 may
be obligated for architectural and engineering services or for
construction design in connection with the Department of Defense
vaccine production facility.
(b) REPORT.—Not later than February 1, 1994, the Secretary
of Defense, in consultation with the Secretary of the Army, shall
submit to the congressional defense committees a report containing
a complete explanation of the necessity for constructing within
the United States a Department of Defense facility for the produc-
tion of vaccine for the Department of Defense.
SEC. 2853. GRANT RELATING TO ELEMENTARY SCHOOL FOR DEPEND-
ENTS OF DEPARTMENT OF DEFENSE PERSONNEL, FORT
BELVOIR, VIRGINIA.
(a) GRANT AUTHORIZED.—The Secretary of the Army may make
a grant to the Fairfax County School Board, Virginia, in order
to assist the School Board in constructing a public elementary
school facility, to be owned and operated by the School Board,
in the vicinity of Fort Belvoir, Virginia.
(b) CAPACITY REQUIREMENT.—The school facility constructed
with the grant made under subsection (a) shall be sufficient (as
determined by the Secretary) to accommodate the dependents of
members of the Armed Forces assigned to duty at Fort Belvoir
and the dependents of employees of the Department of Defense
employed at Fort Belvoir.
(c) MAXIMUM AMOUNT OF GRANT.—The amount of the grant
under this section may not exceed $8,000,000.
(d) REQUIREMENTS RELATING TO CONSTRUCTION OF SCHOOL.—
(1) The Fairfax County School Board shall establish the design
and function specifications applicable to the elementary school facil-
ity constructed with the grant made under this section.
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