§2902. Definitions — Inbound Citations
43 U.S.C. § 2902
Cited by 61 provisions in release 119-102.
Citations to §2902(1)
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(b) The Secretary may reserve an easement over a conveyed property if—(1) the Secretary determines that the easement is necessary for the management of any interests retained by the Federal Government under this chapter;(2) the Reclamation project or a portion of the Reclamation project remains under Federal ownership; and(3) the Secretary enters into an agreement regarding the easement with the applicable qualifying entity.
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(1) the conveyed property shall no longer be considered to be part of a Reclamation project;
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(2) except as provided in paragraph (3), the qualifying entity to which the conveyed property is conveyed shall not be eligible to receive any benefits, including project use power, with respect to the conveyed property, except for any benefit that would be available to a similarly situated entity with respect to property that is not a part of a Reclamation project; and
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(3) the qualifying entity to which the conveyed property is conveyed may be eligible to receive project use power if—(A) the qualifying entity is receiving project use power as of March 12, 2019;(B) the project use power will be used for the delivery of Reclamation project water; and(C) the Secretary and the qualifying entity enter into an agreement under which the qualifying entity agrees to continue to be responsible for a proportionate share of operation and maintenance and capital costs for the Federal facilities that generate and deliver, if applicable, power used for delivery of Reclamation project water after the date of conveyance, in accordance with Reclamation project use power rates.
Citations to §2902(2)
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(1) Subject to the requirements of this chapter, the Secretary, without further authorization from Congress, may, on application of a qualifying entity, convey to a qualifying entity all right, title, and interest of the United States in and to any eligible facility, if—(A) not later than 90 days before the date on which the Secretary makes the conveyance, the Secretary submits to Congress—(i) a written notice of the proposed conveyance; and(ii) a description of the reasons for the conveyance; and(B) a joint resolution disapproving the conveyance is not enacted before the date on which the Secretary makes the conveyance.
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(2) A conveyance under paragraph (1) shall be made by written agreement between the Secretary and the qualifying entity, developed in consultation with any existing water and power customers affected by the conveyance of the eligible facility.
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(A) to accept title to the eligible facility;
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(B) to use the eligible facility for substantially the same purposes for which the eligible facility is being used at the time the Secretary evaluates the potential transfer; and
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(C) to provide, as consideration for the assets to be conveyed, compensation to the reclamation fund established by section 391 of this title, in an amount that is the equivalent of the net present value of any repayment obligation to the United States or other income stream that the United States derives from the eligible facility to be transferred, as of the date of the transfer.
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(iv) protects the public aspects of the eligible facility, including water rights managed for public purposes, such as flood control or fish and wildlife;
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(C) if the eligible facility proposed to be transferred is a dam or diversion works (not including canals or other project features that receive or convey water from the diverting works) diverting water from a water body containing a species listed as a threatened species or an endangered species or critical habitat under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), determine that—(i) the eligible facility continues to comply with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) in a manner that provides no less protection to the listed species as existed under Federal ownership; and(ii) the eligible facility is not part of the Central Valley Project in the State of California.
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(i) the eligible facility continues to comply with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) in a manner that provides no less protection to the listed species as existed under Federal ownership; and
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(ii) the eligible facility is not part of the Central Valley Project in the State of California.
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(a) Effective on the date of conveyance of any eligible facility under this chapter, the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the eligible facility, other than damages caused by acts of negligence committed by the United States or by agents or employees of the United States prior to the date of the conveyance.
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After a conveyance of an eligible facility under this chapter—
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(a) Before conveying an eligible facility under this chapter, the Secretary shall comply with all applicable Federal environmental laws, including—(1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and(3) subtitle III of title 54.
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(b) It is the sense of Congress that any Federal permitting and review processes required with respect to a conveyance of an eligible facility under this chapter should be completed with the maximum efficiency and effectiveness.
Citations to §2902(3)(A)
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The purpose of this chapter is to facilitate the transfer of title to Reclamation project facilities to qualifying entities on the completion of repayment of capital costs.
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(i) the Secretary determines in writing that the withdrawn land is encumbered by facilities to the extent that the withdrawn land is unsuitable for return to the public domain; and
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(C) the Secretary and the qualifying entity enter into an agreement under which the qualifying entity agrees to continue to be responsible for a proportionate share of operation and maintenance and capital costs for the Federal facilities that generate and deliver, if applicable, power used for delivery of Reclamation project water after the date of conveyance, in accordance with Reclamation project use power rates.
Citations to §2902(4)
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(2) except as provided in paragraph (3), the qualifying entity to which the conveyed property is conveyed shall not be eligible to receive any benefits, including project use power, with respect to the conveyed property, except for any benefit that would be available to a similarly situated entity with respect to property that is not a part of a Reclamation project; and
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(3) the qualifying entity to which the conveyed property is conveyed may be eligible to receive project use power if—(A) the qualifying entity is receiving project use power as of March 12, 2019;(B) the project use power will be used for the delivery of Reclamation project water; and(C) the Secretary and the qualifying entity enter into an agreement under which the qualifying entity agrees to continue to be responsible for a proportionate share of operation and maintenance and capital costs for the Federal facilities that generate and deliver, if applicable, power used for delivery of Reclamation project water after the date of conveyance, in accordance with Reclamation project use power rates.
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(A) the qualifying entity is receiving project use power as of March 12, 2019;
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(B) the project use power will be used for the delivery of Reclamation project water; and
Citations to §2902(5)
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The purpose of this chapter is to facilitate the transfer of title to Reclamation project facilities to qualifying entities on the completion of repayment of capital costs.
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(1) Subject to the requirements of this chapter, the Secretary, without further authorization from Congress, may, on application of a qualifying entity, convey to a qualifying entity all right, title, and interest of the United States in and to any eligible facility, if—(A) not later than 90 days before the date on which the Secretary makes the conveyance, the Secretary submits to Congress—(i) a written notice of the proposed conveyance; and(ii) a description of the reasons for the conveyance; and(B) a joint resolution disapproving the conveyance is not enacted before the date on which the Secretary makes the conveyance.
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(2) A conveyance under paragraph (1) shall be made by written agreement between the Secretary and the qualifying entity, developed in consultation with any existing water and power customers affected by the conveyance of the eligible facility.
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(3) the Secretary enters into an agreement regarding the easement with the applicable qualifying entity.
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(c) No interests in water shall be conveyed under this chapter unless the conveyance is provided for in a separate, quantified agreement between the Secretary and the qualifying entity, subject to applicable State law and public process requirements.
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(1) The criteria established under subsection (a) shall include a requirement that a qualifying entity shall agree—(A) to accept title to the eligible facility;(B) to use the eligible facility for substantially the same purposes for which the eligible facility is being used at the time the Secretary evaluates the potential transfer; and(C) to provide, as consideration for the assets to be conveyed, compensation to the reclamation fund established by section 391 of this title, in an amount that is the equivalent of the net present value of any repayment obligation to the United States or other income stream that the United States derives from the eligible facility to be transferred, as of the date of the transfer.
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(A) be able to enter into an agreement with the qualifying entity with respect to the legal, institutional, and financial arrangements relating to the conveyance;
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(ii) the qualifying entity agrees to pay fair market value based on historical or existing uses for the withdrawn land to be conveyed.
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(2) except as provided in paragraph (3), the qualifying entity to which the conveyed property is conveyed shall not be eligible to receive any benefits, including project use power, with respect to the conveyed property, except for any benefit that would be available to a similarly situated entity with respect to property that is not a part of a Reclamation project; and
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(3) the qualifying entity to which the conveyed property is conveyed may be eligible to receive project use power if—(A) the qualifying entity is receiving project use power as of March 12, 2019;(B) the project use power will be used for the delivery of Reclamation project water; and(C) the Secretary and the qualifying entity enter into an agreement under which the qualifying entity agrees to continue to be responsible for a proportionate share of operation and maintenance and capital costs for the Federal facilities that generate and deliver, if applicable, power used for delivery of Reclamation project water after the date of conveyance, in accordance with Reclamation project use power rates.
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(A) the qualifying entity is receiving project use power as of March 12, 2019;
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(C) the Secretary and the qualifying entity enter into an agreement under which the qualifying entity agrees to continue to be responsible for a proportionate share of operation and maintenance and capital costs for the Federal facilities that generate and deliver, if applicable, power used for delivery of Reclamation project water after the date of conveyance, in accordance with Reclamation project use power rates.
Citations to §2902(6)
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(C) to provide, as consideration for the assets to be conveyed, compensation to the reclamation fund established by section 391 of this title, in an amount that is the equivalent of the net present value of any repayment obligation to the United States or other income stream that the United States derives from the eligible facility to be transferred, as of the date of the transfer.
Citations to §2902(7)
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The purpose of this chapter is to facilitate the transfer of title to Reclamation project facilities to qualifying entities on the completion of repayment of capital costs.
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(2) the Reclamation project or a portion of the Reclamation project remains under Federal ownership; and
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(1) the conveyed property shall no longer be considered to be part of a Reclamation project;
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(2) except as provided in paragraph (3), the qualifying entity to which the conveyed property is conveyed shall not be eligible to receive any benefits, including project use power, with respect to the conveyed property, except for any benefit that would be available to a similarly situated entity with respect to property that is not a part of a Reclamation project; and
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(B) the project use power will be used for the delivery of Reclamation project water; and
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(C) the Secretary and the qualifying entity enter into an agreement under which the qualifying entity agrees to continue to be responsible for a proportionate share of operation and maintenance and capital costs for the Federal facilities that generate and deliver, if applicable, power used for delivery of Reclamation project water after the date of conveyance, in accordance with Reclamation project use power rates.
Citations to §2902(9)
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(1) Subject to the requirements of this chapter, the Secretary, without further authorization from Congress, may, on application of a qualifying entity, convey to a qualifying entity all right, title, and interest of the United States in and to any eligible facility, if—(A) not later than 90 days before the date on which the Secretary makes the conveyance, the Secretary submits to Congress—(i) a written notice of the proposed conveyance; and(ii) a description of the reasons for the conveyance; and(B) a joint resolution disapproving the conveyance is not enacted before the date on which the Secretary makes the conveyance.
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(B) a joint resolution disapproving the conveyance is not enacted before the date on which the Secretary makes the conveyance.
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(2) A conveyance under paragraph (1) shall be made by written agreement between the Secretary and the qualifying entity, developed in consultation with any existing water and power customers affected by the conveyance of the eligible facility.
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(b) The Secretary may reserve an easement over a conveyed property if—(1) the Secretary determines that the easement is necessary for the management of any interests retained by the Federal Government under this chapter;(2) the Reclamation project or a portion of the Reclamation project remains under Federal ownership; and(3) the Secretary enters into an agreement regarding the easement with the applicable qualifying entity.
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(1) the Secretary determines that the easement is necessary for the management of any interests retained by the Federal Government under this chapter;
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(3) the Secretary enters into an agreement regarding the easement with the applicable qualifying entity.
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(c) No interests in water shall be conveyed under this chapter unless the conveyance is provided for in a separate, quantified agreement between the Secretary and the qualifying entity, subject to applicable State law and public process requirements.
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(B) to use the eligible facility for substantially the same purposes for which the eligible facility is being used at the time the Secretary evaluates the potential transfer; and
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(2) The criteria established under subsection (a) shall include a requirement that the Secretary shall—(A) be able to enter into an agreement with the qualifying entity with respect to the legal, institutional, and financial arrangements relating to the conveyance;(B) determine that the proposed transfer—(i) would not have an unmitigated significant effect on the environment;(ii) is consistent with the responsibilities of the Secretary—(I) in the role as trustee for federally recognized Indian Tribes; and(II) to ensure compliance with any applicable international and Tribal treaties and agreements and interstate compacts and agreements;(iii) is in the financial interest of the United States;(iv) protects the public aspects of the eligible facility, including water rights managed for public purposes, such as flood control or fish and wildlife;(v) complies with all applicable Federal and State law; and(vi) will not result in an adverse impact on fulfillment of existing water delivery obligations consistent with historical operations and applicable contracts; and(C) if the eligible facility proposed to be transferred is a dam or diversion works (not including canals or other project features that receive or convey water from the diverting works) diverting water from a water body containing a species listed as a threatened species or an endangered species or critical habitat under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), determine that—(i) the eligible facility continues to comply with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) in a manner that provides no less protection to the listed species as existed under Federal ownership; and(ii) the eligible facility is not part of the Central Valley Project in the State of California.
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(ii) is consistent with the responsibilities of the Secretary—(I) in the role as trustee for federally recognized Indian Tribes; and(II) to ensure compliance with any applicable international and Tribal treaties and agreements and interstate compacts and agreements;
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(A) land acquired by the Secretary; or
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(B) land withdrawn by the Secretary, only if—(i) the Secretary determines in writing that the withdrawn land is encumbered by facilities to the extent that the withdrawn land is unsuitable for return to the public domain; and(ii) the qualifying entity agrees to pay fair market value based on historical or existing uses for the withdrawn land to be conveyed.
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(i) the Secretary determines in writing that the withdrawn land is encumbered by facilities to the extent that the withdrawn land is unsuitable for return to the public domain; and
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(C) the Secretary and the qualifying entity enter into an agreement under which the qualifying entity agrees to continue to be responsible for a proportionate share of operation and maintenance and capital costs for the Federal facilities that generate and deliver, if applicable, power used for delivery of Reclamation project water after the date of conveyance, in accordance with Reclamation project use power rates.
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(a) Before conveying an eligible facility under this chapter, the Secretary shall comply with all applicable Federal environmental laws, including—(1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and(3) subtitle III of title 54.