110 STAT. 1686 PUBLIC LAW 104-182—AUG. 6, 1996 (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, 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 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, managerisd, 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
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