123STA T . 13 5 3 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(j)SANJO A QUI N R I VEREXCH AN G E C ON T RACT .— S ub j ect t os ec - t i o n10 00 6 (b) , not h in g in this par t sha l l m o d i fy or amend the rights and obligations under the P urchase Contract bet w een M iller and L u x and the U nited States and the Second A mended Exchange Contract between the United States, D epartment of the I nterior, B ureau of Reclamation and Central California Irrigation District, San Luis Canal Company, F irebaugh Canal W ater District and Columbia Canal Company. SEC.10 00 5 . A C QUI SI T I ON AN D DIS P OSA L O F P R OPERT Y; TITLE TO FACILITIES. (a) T IT L E TO FACILITIE S .—Unless ac q uired pursuant to sub- section (b), title to any facility or facilities, stream channel, le v ees, or other real property modified or improved in the course of imple- menting the Settlement authori z ed 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 O F PRO P ERT Y .— (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 imple- ment the Settlement authorized by this part. (2) APPLICA B LE LA W .—The Secretary is authorized, but not required, to exercise all of the authorities provided in section 2oftheActofAugust26,1 937 ( 5 0 Stat. 84 4, 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 Sec- retary 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 PROCEE D S.—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) G ROUNDWATER BAN K .— N othing in this part authorizes the Secretary to operate a groundwater ban k 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. Det e rmina ti o n .
