Sec. 10005. ACQUISITION AND DISPOSAL OF PROPERTY; TITLE TO FACILITIES

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## SEC. 10005 ACQUISITION AND DISPOSAL OF PROPERTY; TITLE TO FACILITIES ###

(a)Title to Facilities Unless acquired pursuant to subsection (b), title to any facility or facilities, stream channel, levees, or other real property modified or improved in the course of implementing the Settlement authorized by this part, and title to any modifications or improvements of such facility or facilities, stream channel, levees, or other real property— ####

(1)shall remain in the owner of the property; and ####

(2)shall not be transferred to the United States on account of such modifications or improvements. ###

(b)Acquisition of Property ####

(1)In general The Secretary is authorized to acquire through purchase from willing sellers any property, interests in property, or options to acquire real property needed to implement the Settlement authorized by this part. ####

(2)Applicable law The Secretary is authorized, but not required, to exercise all of the authorities provided in section 2 of the Act of August 26, 1937 (50 Stat. 844, chapter 832), to carry out the measures authorized in this section and section 10004. ###

(c)Disposal of Property ####

(1)In general Upon the Secretary’s determination that retention of title to property or interests in property acquired pursuant to this part is no longer needed to be held by the United States for the furtherance of the Settlement, the Secretary is authorized to dispose of such property or interest in property on such terms and conditions as the Secretary deems appropriate and in the best interest of the United States, including possible transfer of such property to the State of California. ####

(2)Right of first refusal In the event the Secretary determines that property acquired pursuant to this part through the exercise of its eminent domain authority is no longer necessary for implementation of the Settlement, the Secretary shall provide a right of first refusal to the property owner from whom the property was initially acquired, or his or her successor in interest, on the same terms and conditions as the property is being offered to other parties. ####

(3)Disposition of proceeds Proceeds from the disposal by sale or transfer of any such property or interests in such property shall be deposited in the fund established by section 10009(c). ###

(d)Groundwater Bank Nothing in this part authorizes the Secretary to operate a groundwater bank along or adjacent to the San Joaquin River upstream of the confluence with the Merced River, and any such groundwater bank shall be operated by a non-Federal entity.

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50 Stat. 844

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Sec. 10005

ACQUISITION AND DISPOSAL OF PROPERTY; TITLE TO FACILITIES

Stat.50 Stat. 844

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