---
kind: "section"
citation: "43 U.S.C. § 2902"
title: "43"
title_heading: "Public Lands"
number: "2902"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/43/2902"
units:
  - "Chapter 47 — Reclamation Title Transfer"
---

# §2902. Definitions


In this chapter:

- (1) **Conveyed property—** The term “conveyed property” means an [eligible facility](#2) that has been conveyed to a [qualifying entity](#5) under [section 2903 of this title](/usc/43/2903.md).
- (2) **Eligible facility—** The term “eligible facility” means a [facility](#3-A) that meets the criteria for potential transfer established under [section 2904(a) of this title](/usc/43/2904.md?p=a).
- (3) **Facility—**
  - (A) **In general—** The term “facility” includes a dam or appurtenant works, canal, lateral, ditch, gate, control structure, pumping station, other infrastructure, recreational facility, building, distribution and drainage works, and associated land or interest in land or water.
  - (B) **Exclusions—** The term “[facility](#3-A)” does not include a [Reclamation project](#7) [facility](#3-A), or a portion of a [Reclamation project](#7) [facility](#3-A)—
    - (i) that is a [reserved works](#8) as of March 12, 2019;
    - (ii) that generates hydropower marketed by a Federal power marketing administration; or
    - (iii) that is managed for recreation under a lease, permit, license, or other management agreement that does contribute to capital repayment.
- (4) **Project use power—** The term “project use power” means the electrical capacity, energy, and associated ancillary service components required to provide the minimum electrical service needed to operate or maintain [Reclamation project](#7) [facilities](#3-A) in accordance with the authorization for the [Reclamation project](#7).
- (5) **Qualifying entity—** The term “qualifying entity” means an agency of a [State](/usc/43/31b.md?p=8) or political subdivision of a [State](/usc/43/31b.md?p=8), a joint action or powers agency, a water users [association](/usc/43/31b.md?p=2), or an Indian Tribe or Tribal utility authority that—
  - (A) as of the date of conveyance under this chapter, is the current operator of the [eligible facility](#2) pursuant to a contract with [Reclamation](#6); and
  - (B) as determined by the [Secretary](#9), has the capacity to continue to manage the [eligible facility](#2) for the same purposes for which the property has been managed under the [reclamation](#6) laws.
- (6) **Reclamation—** The term “Reclamation” means the Bureau of Reclamation.
- (7) **Reclamation project—** The term “Reclamation project” means—
  - (A) any [reclamation](#6) or irrigation project, including incidental features of the project—
    - (i) that is authorized by the [reclamation](#6) laws;
    - (ii) that is constructed by the United States pursuant to the [reclamation](#6) laws; or
    - (iii) in connection with which there is a repayment or water service contract executed by the United States pursuant to the [reclamation](#6) laws; or
  - (B) any project constructed by the [Secretary](#9) for the [reclamation](#6) of land.
- (8) **Reserved works—** The term “reserved works” means any building, structure, [facility](#3-A), or equipment—
  - (A) that is owned by the Bureau; and
  - (B) for which operations and maintenance are performed, regardless of the source of funding—
    - (i) by an employee of the Bureau; or
    - (ii) through a contract entered into by the Commissioner.
- (9) **Secretary—** The term “Secretary” means the Secretary, acting through the Commissioner of [Reclamation](#6).

## Source credit

(Pub. L. 116–9, title VIII, § 8002, Mar. 12, 2019, 133 Stat. 804.)

## Notes

### Statutory Notes and Related Subsidiaries

### Definition of “Secretary”

Secretary means the Secretary of the Interior, see section 2 of Pub. L. 116–9, set out as a note under section 1 of Title 16, Conservation.
