Sec. 5002. Conveyances
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The project for navigation, Pearl River, Mississippi and Louisiana, authorized by the first section of the Act of August 30, 1935 (49 Stat. 1033, chapter 831) and section 101 of the River and Harbor Act of 1966 ( Public Law 89–789 ; 80 Stat. 1405), is no longer authorized as a Federal project beginning on the date of enactment of this Act. Subject to subparagraphs
(B)and (C), the Secretary is authorized to convey to a State or local interest, without consideration, all right, title, and interest of the United States in and to— any land in which the Federal Government has a property interest for the project described in paragraph (1); and improvements to the land described in clause (i). The transferee shall be responsible for the payment of all costs and administrative expenses associated with any transfer carried out pursuant to subparagraph (A), including costs associated with any land survey required to determine the exact acreage and legal description of the land and improvements to be transferred. A transfer under subparagraph
(A)shall be subject to such other terms and conditions as the Secretary determines to be necessary and appropriate to protect the interests of the United States. If the Secretary determines that the land and improvements conveyed under paragraph
(2)ceases to be owned by the public, all right, title, and interest in and to the land and improvements shall revert, at the discretion of the Secretary, to the United States. The Secretary is authorized to convey to the lessee, at full fair market value, all right, title and interest of the United Sates in and to the property identified in the leases numbered DACW38–1–15–7, DACW38–1–15–33, DACW38–1–15–34, and DACW38–1–15–38, subject to such terms and conditions as the Secretary determines to be necessary and appropriate to protect the interests of the United States. The conveyance under paragraph
(1)shall include— a restrictive covenant to require the approval of the Secretary for any substantial change in the use of the property; and a flowage easement. Notwithstanding the Act of June 28, 1938 (52 Stat. 1215, chapter 795), as amended by section 3 of the Act of August 18, 1941 (55 Stat. 645, chapter 377), and notwithstanding section 3 of the Act of July 31, 1946 (60 Stat. 744, chapter 710), the Secretary shall convey, by quitclaim deed and without consideration, to the Grand River Dam Authority, an agency of the State of Oklahoma, for flood control purposes, all right, title, and interest of the United States in and to real property under the administrative jurisdiction of the Secretary acquired in connection with the Pensacola Dam project, together with any improvements on the property. If any interest in the real property described in paragraph
(1)ceases to be managed for flood control or other public purposes and is conveyed to a non-public entity, the transferee, as part of the conveyance, shall pay to the United States the fair market value for the interest. Nothing in this subsection— amends, modifies, or repeals any existing authority vested in the Federal Energy Regulatory Commission; or amends, modifies, or repeals any authority of the Secretary or the Chief of Engineers pursuant to section 7 of the Act of December 22, 1944 ( 33 U.S.C. 709 ). The Secretary shall accept from the Trinity River Authority of Texas, if received by December 31, 2016, $31,233,401 as payment in full of amounts owed to the United States, including any accrued interest, for the approximately 61,747.1 acre-feet of water supply storage space in Joe Pool Lake, Texas (previously known as Lakeview Lake), for which payment has not commenced under Article 5.a (relating to project investment costs) of contract number DACW63–76–C–0106 as of the date of enactment of this Act. The Secretary of the Interior shall allow for the prepayment of repayment obligations under the repayment contract numbered 14–06–400–33 between the United States and the Weber Basin Water Conservancy District (referred to in this subsection as the District ), dated December 12, 1952, and supplemented and amended on June 30, 1961, on April 15, 1966, on September 20, 1968, and on May 9, 1985, including any other amendments and all related applicable contracts to the repayment contract, providing for repayment of Weber Basin Project construction costs allocated to irrigation and municipal and industrial purposes for which repayment is provided pursuant to the repayment contract under terms and conditions similar to the terms and conditions used in implementing the prepayment provisions in section 210 of the Central Utah Project Completion Act ( Public Law 102–575 ; 106 Stat. 4624) for prepayment of Central Utah Project, Bonneville Unit repayment obligations. The prepayment authorized under paragraph (1)— shall result in the United States recovering the net present value of all repayment streams that would have been payable to the United States if this section was not in effect; may be provided in several installments; may not be adjusted on the basis of the type of prepayment financing used by the District; and shall be made in a manner that provides that total repayment is made not later than September 30, 2026.
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statutes-at-large
- /statutes-at-large/vol-80/public-law-89-789Public Law 89–789
- To amend the Central Utah Project Completion Act to direct the Secretary of the Interior to allow for prepayment of repayment contracts between the United States and the Central Utah Water Conservancy District dated December 28, 1965, and November 26, 1985, and for other purposesPublic Law 104–286
6 references not yet in our index
- 49 Stat. 1033
- Pub. L. 89-789
- 52 Stat. 1215
- 55 Stat. 645
- 60 Stat. 744
- Pub. L. 102-575
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cites case law
Sec. 5002
Conveyances
Stat.49 Stat. 1033
Pub. L.Pub. L. 89-789
Stat.52 Stat. 1215
Stat.55 Stat. 645
Stat.60 Stat. 744
Cites 9 · showing 8Cited by 0 across 0 sources