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Code · BILL · 115th Congress · S. 3021 (EAH) — 115 S3021 EAH: America’s Water Infrastructure Act of 2018 · Sec. 1331

Sec. 1331. Conveyances

3,107 words·~14 min read·/bill/115/s/3021/eah/section-1331

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Secretary may convey to Cheatham County, Tennessee (in this subsection referred to as the Grantee ), all right, title, and interest of the United States in and to the real property in Cheatham County, Tennessee, consisting of approximately 9.19 acres, identified as portions of tracts E–514–1, E–514–2, E–518–1, E–518–2, E–519–1, E–537–1, and E–538, all being part of the Cheatham Lock and Dam project at CRM 158.5, including any improvements thereon. The Secretary shall convey the property under this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States, to include retaining the right to inundate with water any land transferred under this subsection.
The Grantee shall pay to the Secretary an amount that is not less than the fair market value of the land conveyed under this subsection, as determined by the Secretary. The conveyance of property under this section shall be subject to all existing easements, rights-of-way, and leases that are in effect as of the date of the conveyance. The Secretary may convey, without consideration, to the City of Nashville, Tennessee (in this subsection referred to as the City ), all right, title, and interest of the United States in and to the real property covered by Lease No.
DACW62–1–84–149, including any improvements thereon, at the Riverfront Park Recreational Development, consisting of approximately 5 acres, subject to the right of the Secretary to retain any required easements in the property. The Secretary shall convey by quitclaim the real property described in paragraph
(1)under the terms and conditions mutually satisfactory to the Secretary and the City. The deed shall provide that in the event that the City, its successors, or assigns cease to maintain improvements for recreation included in the conveyance or otherwise utilize the real property conveyed for purposes other than recreation and compatible flood risk management, the City, its successor, or assigns shall repay to the United States the Federal share of the cost of constructing the improvements for recreation under the agreement between the United States and the City dated December 8, 1981, increased as necessary to account for inflation. Beginning on the date of enactment of this Act, commercial navigation at Locks and Dams 1 through 4, Kentucky River, Kentucky, shall no longer be authorized, and the land and improvements associated with the locks and dams shall be disposed of consistent with this subsection and in accordance with the report of the Director of Civil Works entitled Kentucky River Locks and Dams 1, 2, 3, and 4, Disposition Study and Integrated Environmental Assessment and dated April 20, 2018. The Secretary shall convey to the State of Kentucky (referred to in this section as the State ), for the use and benefit of the Kentucky River Authority, all right, title, and interest of the United States, together with any improvements on the land, including improvements located in the Kentucky River, in and to— Lock and Dam 1, located in Carroll County, Kentucky; Lock and Dam 2, located in Owen and Henry counties, Kentucky; Lock and Dam 3, located in Owen and Henry counties, Kentucky; and Lock and Dam 4, located in Franklin County, Kentucky. The Secretary shall convey the property described in paragraph
(2)by quitclaim deed to such State under such terms and conditions as the Secretary determines appropriate to protect the interests of the United States. The Secretary shall be responsible for all administrative costs associated with a conveyance under this subsection, including the costs of any surveys the Secretary determines to be necessary. The Secretary may not improve the locks and dams and land and improvements associated with the locks and dams described in this subsection on or after the date of enactment of this Act. Nothing in subparagraph
(A)prohibits the State from improving the locks and dams and the land and improvements associated with the locks and dams described in this subsection on or after the date of conveyance under this subsection. If the State does not accept the conveyance under this subsection of the land and improvements associated with the locks and dams described in this subsection, the Secretary may dispose of the land and improvements under subchapter III of chapter 5 of title 40, United States Code. On the date of enactment of this Act, the Secretary of the Army shall convey to the City of Bainbridge, Georgia, without consideration and subject to subsection (b), all right, title, and interest in and to real property described in subsection (c). The conveyance by the United States under this subsection shall be subject to— the condition that the City of Bainbridge agrees to operate, maintain, and manage the property for fish and wildlife, recreation, and environmental purposes at no cost or expense to the United States; and such other terms and conditions as the Secretary determines to be in the interest of the United States. If the Secretary determines that the real property conveyed under paragraph
(1)ceases to be held in public ownership or the city ceases to operate, maintain, and manage the real property in accordance with this subsection, all right, title, and interest in and to the property shall revert to the United States, at the option of the Secretary. The property to be conveyed is composed of the following three parcels of land: All that tract or parcel of land lying and being in Land Lots 226. and 228, Fifteenth Land District, and Land Lots 319, 320, 321, 322, 323 and 358, Twentieth Land District, Decatur County, Georgia, more particularly described as follows: Beginning at a concrete monument stamped 358 which is 950 feet, more or less, North of the South line and 600 feet, more or less, West of the East line of said Land Lot 358, at a corner of a tract of land owned by the United States of America at Lake Seminole and at plane coordinate position North 318,698.72 feet and East 360,033.38 feet based on Transverse Mercator Projection, Georgia West Zone; Thence Due West 75 feet, more or less, to the contour at elevation 77.0 feet above Mean Sea Level; Thence Northeasterly along the meanders of said 77.0 foot contour a distance of 20,600 feet, more or less, to the mouth of the entrance channel to the arena and boat basin; Thence N 75° E 150 feet, more or less, to another point on said 77.0 foot contour; Thence Northeasterly along the meanders of said 77.0 foot contour a distance of 3,300 feet, more or less, to a point which is on the boundary of said United States tract and on the boundary of a tract of land now or formerly owned by the City of Bainbridge, Georgia; Thence along the boundary of said United States tract the following courses: S 10° 52′ E along the boundary of said City of Bainbridge tract 830 feet, more or less, to a corner of said tract; S 89° 45′ E along the boundary of said City of Bainbridge tract 700 feet, more or less, to a concrete monument stamped J1A , coordinates of said monument being North 328,902.34 feet and East 369,302.33 feet; S 22° 25′ W 62 feet, more or less, to a corner of another tract of land owned by the City of Bainbridge, Georgia; S 88° 07′ W along the boundary of said City of Bainbridge tract 350 feet, more or less to a corner of said tract; N 84° 00′ W along the boundary of said City of Bainbridge tract 100.5 feet to a corner said tract; S 88° 07′ W along the boundary of said City of Bainbridge tract 300.0 feet to a corner of said tract; S 14° 16′ W along boundary of said City of Bainbridge tract 89.3 feet to a corner of said tract; Southwesterly along the boundary of said City of Bainbridge tract which is along a curve to the right with a radius of 684.69 feet an arc distance of 361.8 feet to a corner of said tract; S 30° 00′ W along the boundary of said City of Bainbridge tract 294.0 feet to a corner of said tract; S 10° 27′ W along the boundary of said City of Bainbridge tract 385.0 feet to a corner of said tract; N 73° 31′ W 38 feet, more or less, to a concrete monument; S 16° 25′ W 563.7 feet to a concrete monument stamped J7A ; S 68° 28′ W 719.5 feet to a concrete monument stamped J9A ; S 68° 28′ W 831.3 feet to a concrete monument stamped J12A ; S 89° 39′ E 746.7 feet to a concrete monument stamped J11A ; S 01° 22′ W 80.0 feet to a concrete monument stamped J11B ; N 89° 39′ W 980.9 feet to a concrete monument stamped J13A ; S 01° 21′ W 560.0 feet to a concrete monument stamped J15A ; S 37° 14′ W 1,213.0 feet; N 52° 46′ W 600.0 feet; S 37° 14′ W 1,000.0 feet; S 52° 46′ E 600.0 feet; S 37° 14′ W 117.0 feet to a concrete monument stamped 320/319 ; S 37° 13′ W 1,403.8 feet to a concrete monument stamped 322/319 ; S 37° 13′ W 2,771.4 feet to a concrete monument stamped 322/323 ; S 37° 13′ W 1,459.2 feet; N 89° 04′ W 578.9 feet; S 53° 42′ W 367.7 feet; S 43° 42′ W 315.3 feet; S 26° 13′ W 654.9 feet, more or less, to the point of beginning. Containing 550.00 acres, more or less, and being a part of Tracts L-1105 and L-1106 of Lake Seminole. All that tract or parcel of land lying and lying and being in Land Lot 226, Fifteenth Land District, Decatur County, Georgia, more particularly described as follows: Beginning at a point which is on the East right-of-way line of the Seaboard Airline Railroad, 215 feet North of the South end of the trestle over the Flint River, and at a corner of a tract of land owned by the United States of America at Lake Seminole; Thence Southeasterly along the boundary of said United States tract which is along a curve to the right a distance of 485 feet, more or less, to a point which is 340 feet, more or less, S 67° 00′ E from the South end of said trestle, and at a corner of said United States tract; Thence N 70° 00′ E along the boundary of said United States tract 60.0 feet to a corner of said tract; Thence Northerly along the boundary of said United States tract which is along a curve to the right a distance of 525 feet, more or less, to a corner of said tract; Thence S 05° 00′ W along the boundary of said United States tract 500.0 feet to a corner of said tract; Thence Due West along the boundary of said United States tract 370 feet, more or less, to a point which is on the East right-of-way line of said railroad and at a corner of said United States tract; Thence N 13° 30′ W along the boundary of said United States tract which is along the East right-of-way line of said railroad a distance of 310 feet, more or less, to the point of beginning. Containing 3.67 acres, more or less, and being all of Tract L-1124 of Lake Seminole. Parcels 1 and 2 contain in the aggregate 553.67 acres, more or less. All that tract or panel of land lying and being in Land Lot 225, Fifteenth Land District, Decatur County, Georgia, more particularly described as follows: Beginning at an iron marker designated 225/226/ , which is on the South line and 500 feet, more or less, West of the Southeast corner of said Land Lot 225 at a corner of a tract of land owned by the United States of America at Lake Seminole and at plane coordinate position North 330,475.82 feet and East 370,429.36 feet, based on Transverse Mercator Projection, Georgia West Zone; Thence Due West along the boundary of said United States tract a distance of 53.0 feet to a monument stamped 225/226–A ; Thence continue Due West along the boundary of said United States tract a distance of 56 feet, more or less, to a point on the East bank of the Flint River; Thence Northerly, upstream, along the meanders of the East bank of said river a distance of 1,200 feet, more or less, to a point which is on the Southern right-of-way line of U.S. Highway No. 84 and at a corner of said United States tract; Thence Easterly and Southeasterly along the Southern right-of-way line of said highway, which is along the boundary of said United States tract a distance of 285 feet, more or less, to a monument stamped L–23–1 , the coordinates of said monument being North 331,410.90 and East 370,574.96; Thence S 02° 25′ E along the boundary of said United States tract a distance of 650.2 feet to a monument stamped 225–A ; Thence S 42° 13′ E along the boundary of said United States tract a distance of 99.8 feet to a monument stamped 225 ; Thence S 48° 37′ W along the boundary of said United States tract a distance of 319.9 feet, more or less, to the point of beginning. Containing 4.14 acres, more or less, and being all of Tract L–1123 of the Lake Seminole Project. In this subsection: The term Federal land means the approximately 288 acres of land situated in Whitman County, Washington, contained within Tract D of Little Goose Lock and Dam. The term non-Federal land means a tract or tracts of land owned by the Port of Whitman County, Washington, that the Secretary determines, with approval of the Washington Department of Fish and Wildlife and the Secretary of the Interior acting through the Director of the United States Fish and Wildlife Service, equals or exceeds the value of the Federal land both as habitat for fish and wildlife and for recreational opportunities related to fish and wildlife. On conveyance by the Port of Whitman County to the United States of all right, title, and interest in and to the non-Federal land, the Secretary of the Army shall convey to the Port of Whitman County all right, title, and interest of the United States in and to the Federal land. The Secretary may only accept conveyance of the non-Federal land by warranty deed, as determined acceptable by the Secretary. The Secretary shall convey the Federal land to the Port of Whitman County by quitclaim deed and subject to any reservations, terms, and conditions the Secretary determines necessary to allow the United States to operate and maintain the Lower Snake River Project and to protect the interests of the United States. If the appraised fair market value of the Federal land, as determined by the Secretary, exceeds the appraised fair market value of the non-Federal land, as determined by the Secretary, the Port of Whitman County shall make a cash payment to the United States reflecting the difference in the appraised fair market values. The Port of Whitman County shall be responsible for the administrative costs of the transaction in accordance with section 2695 of title 10, United States Code. Subject to paragraph (2), not later than 180 days after the date of enactment of this Act, the Secretary shall transfer— all right, title, and interest in and to a parcel of land known as that part of the Original Acquisition
(OADE)Tract that includes the bed and banks of the Delaware Branch Channel on the north side of the Fifth Street Bridge, Delaware City, Delaware, containing approximately 31.6 acres of land, to the Fort DuPont Redevelopment and Preservation Corporation (herein referred to as the Grantee ); and all right, title, and interest in and to the Fifth Street Bridge, together with the land known as that part of the Original Acquisition
(OADE)Tract that includes the banks and bed of the Delaware Branch Channel, Delaware City, Delaware, containing approximately 0.27 acres of land, to the State of Delaware. Before making a transfer under paragraph (1), the Secretary shall ensure that the Governor of Delaware agrees to the transfer. Before making a transfer under subparagraph (1)(B), the Governor of Delaware shall agree to ensure that no toll is imposed for use of the bridge referred to in that subsection, in accordance with section 109 of the River and Harbor Act of 1950 ( 33 U.S.C. 534 ). The exact acreage and legal description of the land to be transferred under paragraph
(1)shall be determined by a survey satisfactory to the Secretary and the Governor of Delaware. Any administrative costs for the transfer under paragraph
(1)shall be paid by Fort DuPont Redevelopment and Preservation Corporation, the State of Delaware, or a combination of those entities. The Grantee shall pay to the Secretary an amount that is not less than the fair market value of the land conveyed to the Grantee under this subsection, as determined by the Secretary. As soon as practicable after the date of enactment of this Act, the Secretary of the Army shall convey by quitclaim deed to the City of Tuscaloosa, Alabama, at fair market value, the lands owned by the United States adjacent to the Black Warrior River on the south side below the U.S. Highway 43 bridge, including the south wall of the Old Oliver Lock, and extending to the Corps’ current recreation area, that the Secretary determines are no longer required for operation and maintenance of the Oliver Lock and Dam. The exact acreage and the legal description of any real property to be conveyed under this section shall be determined by a survey that is satisfactory to the Secretary. Section 2696 of title 10, United States Code, shall not apply to any conveyance under this section. The Secretary may require that any conveyance under this section be subject to such additional terms and conditions as the Secretary considers necessary and appropriate to protect the interests of the United States. An entity to which a conveyance is made under this section shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance. An entity to which a conveyance is made under this section shall hold the United States harmless from any liability with respect to activities carried out, on or after the date of the conveyance, on real property conveyed. The United States shall remain responsible for any liability with respect to activities carried out, before such date, on the real property conveyed.
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Sec. 1331
Conveyances
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