
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC45]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
CHAPTER 1--PUBLIC BUILDINGS, GROUNDS, PARKS, AND WHARVES IN DISTRICT OF 
                                COLUMBIA
 
Sec. 45. Chief of Engineers; charge of Washington Aqueduct and 
        other public works
        
    The Chief of Engineers shall have the immediate superintendence of 
the Washington Aqueduct, together with all rights, appurtenances, and 
fixtures connected with the same, and belonging to the United States, 
and of all other public works and improvements in the District of 
Columbia in which the Government has an interest, and which are not 
otherwise specially provided for by law.

(R.S. Sec. 1800.)

                          Codification

    R.S. Sec. 1800 derived from acts Mar. 3, 1859, ch. 84, Sec. 1, 11 
Stat. 435; June 25, 1860, ch. 211, Sec. 1, 12 Stat. 106; Mar. 2, 1867, 
ch. 167, Sec. 2, 14 Stat. 466; Mar. 30, 1867, ch. 20, Sec. 3, 15 Stat. 
12.
    Act Mar. 2, 1927, ch. 271, 44 Stat. 1331, which was the District of 
Columbia Appropriation Act for the fiscal year 1928, provided that 
nothing therein should be construed as affecting the superintendence and 
control of the Secretary of War over said aqueduct.


                           Washington Aqueduct

    Pub. L. 104-182, title III, Sec. 306, Aug. 6, 1996, 110 Stat. 1685, 
provided that:
    ``(a) Definitions.--In this section:
        ``(1) Non-federal public water supply customer.--The terms `non-
    Federal public water supply customer' and `customer' mean--
            ``(A) the District of Columbia;
            ``(B) Arlington County, Virginia; and
            ``(C) the city of Falls Church, Virginia.
        ``(2) Secretary.--The term `Secretary' means the Secretary of 
    the Army, acting through the Chief of Engineers.
        ``(3) Value to the government.--The term `value to the 
    Government' means the net present value of a contract entered into 
    under subsection (e)(2), calculated in accordance with subparagraphs 
    (A) and (B) of section 502(5) of the Congressional Budget Act of 
    1974 (2 U.S.C. 66la(5)), other than section 502(5)(B)(I) [probably 
    means section 502(5)(B)(i)] of the Act, as though the contract 
    provided for repayment of a direct loan to a customer.
        ``(4) Washington aqueduct.--The term `Washington Aqueduct' means 
    the Washington Aqueduct facilities and related facilities owned by 
    the Federal Government as of the date of enactment of this Act [Aug. 
    6, 1996], including--
            ``(A) the dams, intake works, conduits, and pump stations 
        that capture and transport raw water from the Potomac River to 
        the Dalecarlia Reservoir;
            ``(B) the infrastructure and appurtenances used to treat 
        water taken from the Potomac River to potable standards; and
            ``(C) related water distribution facilities.
    ``(b) Regional Entity.--
        ``(1) In general.--The Congress encourages and grants consent to 
    the customers to establish a non-Federal public or private entity, 
    or to enter into an agreement with an existing non-Federal public or 
    private entity, to--
            ``(A) receive title to the Washington Aqueduct; and
            ``(B) operate, maintain, and manage the Washington Aqueduct 
        in a manner that adequately represents all interests of its 
        customers.
        ``(2) Consideration.--If an entity receiving title to the 
    Washington Aqueduct is not composed entirely of non-Federal public 
    water supply customers, the entity shall consider the customers' 
    historical provision of equity for the Aqueduct.
        ``(3) Priority access.--The customers shall have priority access 
    to any water produced by the Washington Aqueduct.
        ``(4) Consent of the congress.--The Congress grants consent to 
    the customers to enter into any interstate agreement or compact 
    required to carry out this section.
        ``(5) Statutory construction.--This section shall not preclude 
    the customers from pursuing any option regarding ownership, 
    operation, maintenance, and management of the Washington Aqueduct.
    ``(c) Progress Report and Plan.--Not later than 1 year after the 
date of enactment of this Act [Aug. 6, 1996], the Secretary shall report 
to the Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives on any progress in achieving the objectives of 
subsection (b)(1) and shall submit a plan for the transfer of ownership, 
operation, maintenance, and management of the Washington Aqueduct to a 
non-Federal public or private entity. Such plan shall include a detailed 
consideration of any proposal to transfer such ownership, maintenance, 
or management to a private entity.
    ``(d) Transfer.--
        ``(1) In general.--Subject to subsection (b)(2), the other 
    provisions of this subsection, and any other terms and conditions 
    the Secretary considers appropriate to protect the interests of the 
    United States, the Secretary shall, not later than 3 years after the 
    date of enactment of this Act [Aug. 6, 1996] and with the consent of 
    a majority of the customers and without consideration to the Federal 
    Government, transfer all right, title, and interest of the United 
    States in the Washington Aqueduct, and its real property, 
    facilities, and personalty, to a non-Federal, public or private 
    entity. Approval of such transfer shall not be unreasonably withheld 
    by the Secretary.
        ``(2) Adequate capabilities.--The Secretary shall transfer 
    ownership of the Washington Aqueduct under paragraph (1) only if the 
    Secretary determines, after opportunity for public input, that the 
    entity to receive ownership of the Aqueduct has the technical, 
    managerial, and financial capability to operate, maintain, and 
    manage the Aqueduct.
        ``(3) Responsibilities.--The Secretary shall not transfer title 
    under this subsection unless the entity to receive title assumes 
    full responsibility for performing and financing the operation, 
    maintenance, repair, replacement, rehabilitation, and necessary 
    capital improvements of the Washington Aqueduct so as to ensure the 
    continued operation of the Washington Aqueduct consistent with the 
    Aqueduct's intended purpose of providing an uninterrupted supply of 
    potable water sufficient to meet the current and future needs of the 
    Aqueduct's service area.
    ``(e) Borrowing Authority.--
        ``(1) Borrowing.--
            ``(A) In general.--Subject to the other provisions of this 
        paragraph and paragraph (2), the Secretary is authorized to 
        borrow from the Treasury of the United States such amounts for 
        fiscal years 1997, 1998, and 1999 as are sufficient to cover any 
        obligations that the Army Corps of Engineers is required to 
        incur in carrying out capital improvements during fiscal years 
        1997, 1998, and 1999 for the Washington Aqueduct to ensure 
        continued operation of the Aqueduct until such time as a 
        transfer of title to the Aqueduct has taken place.
            ``(E)[(B)] Limitation.--The amount borrowed by the Secretary 
        under subparagraph (A) may not exceed $29,000,000 for fiscal 
        year 1997, $24,000,000 for fiscal year 1998, and $22,000,000 for 
        fiscal year 1999.
            ``(C) Agreement.--Amounts borrowed under subparagraph (A) 
        may only be used for capital improvements agreed to by the Army 
        Corps of Engineers and the customers.
            ``(D) Terms of borrowing.--
                ``(i) In general.--The Secretary of the Treasury shall 
            provide the funds borrowed under subparagraph (A) under such 
            terms and conditions as the Secretary of Treasury determines 
            to be necessary and in the public interest and subject to 
            the contracts required under paragraph (2).
                ``(ii) Term.--The term of any loan made under 
            subparagraph (A) shall be for a period of not less than 20 
            years.
                ``(iii) Prepayment.--There shall be no penalty for the 
            prepayment of any amounts borrowed under subparagraph (A).
        ``(2) Contracts with customers.--
            ``(A) In general.--The borrowing authority under paragraph 
        (1)(A) shall be effective only after the Chief of Engineers has 
        entered into contracts with each customer under which the 
        customer commits to repay a pro rata share (based on water 
        purchase) of the principal and interest owed by the Secretary to 
        the Secretary of the Treasury under paragraph (1).
            ``(B) Prepayment.--Any customer may repay, at any time, the 
        pro rata share of the principal and interest then owed by the 
        customer and outstanding, or any portion thereof, without 
        penalty.
            ``(C) Risk of default.--Under each of the contracts, the 
        customer that enters into the contract shall commit to pay any 
        additional amount necessary to fully offset the risk of default 
        on the contract.
            ``(D) Obligations.--Each contract under subparagraph (A) 
        shall include such terms and conditions as the Secretary of the 
        Treasury may require so that the value to the Government of the 
        contracts entered into under subparagraph (A) is estimated to be 
        equal to the obligations of the Army Corps of Engineers for 
        carrying out capital improvements at the Washington Aqueduct at 
        the time that each series of contracts is entered into.
            ``(E) Other conditions.--Each contract entered into under 
        subparagraph (A) shall--
                ``(i) provide that the customer pledges future income 
            only from fees assessed for principal and interest payments 
            required by such contracts and costs to operate and maintain 
            the Washington Aqueduct;
                ``(ii) provide the United States priority in regard to 
            income from fees assessed to operate and maintain the 
            Washington Aqueduct; and
                ``(iii) include other conditions consistent with this 
            section that the Secretary of the Treasury determines to be 
            appropriate.
        ``(3) Limitations.--
            ``(A) Borrowing authority.--The Secretary's borrowing 
        authority for making capital improvements at the Washington 
        Aqueduct under paragraph (1) shall not extend beyond fiscal year 
        1999.
            ``(B) Obligation authority.--Upon expiration of the 
        borrowing authority exercised under paragraph (1), the Secretary 
        shall not obligate funds for making capital improvements at the 
        Washington Aqueduct except funds which are provided in advance 
        by the customers. This limitation does not affect the 
        Secretary's authority to conduct normal operation and 
        maintenance activities, including minor repair and replacement 
        work.
        ``(4) Impact on improvement program.--Not later than 180 days 
    after the date of enactment of this Act [Aug. 6, 1996], the 
    Secretary, in consultation with other Federal agencies, shall 
    transmit to the Committee on Environment and Public Works of the 
    Senate and the Committee on Transportation and Infrastructure of the 
    House of Representatives a report that assesses the impact of the 
    borrowing authority provided under this subsection on the near-term 
    improvement projects in the Washington Aqueduct Improvement Program, 
    work scheduled, and the financial liability to be incurred.
    ``(f) Reissuance of NPDES Permit.--Prior to reissuing a National 
Pollutant Discharge Elimination System (NPDES) permit for the Washington 
Aqueduct, the Administrator of the Environmental Protection Agency shall 
consult with the customers and the Secretary regarding opportunities for 
more efficient water facility configurations that might be achieved 
through various possible transfers of the Washington Aqueduct. Such 
consultation shall include specific consideration of concerns regarding 
a proposed solids recovery facility, and may include a public hearing.''

                  Section Referred to in Other Sections

    This section is referred to in section 48 of this title.
