Authorization of transfers of title to eligible facilities

Source Credit

(a) Authorization
(1) In general
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.
(2) Consultation
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.
(b) Reservation of easement
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.
(c) Interests in water
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.

History

(Pub. L. 116–9, title VIII, §8003, Mar. 12, 2019, 133 Stat. 806.)