43 USC 2902 - Definitions

U.S Code last checked for updates: Nov 22, 2024

§ 2902.

Definitions

In this chapter:

(1)

Conveyed property

(2)

Eligible facility

(3)

Facility

(A)

In general

(B)

Exclusions

The term “facility” does not include a Reclamation project facility, or a portion of a Reclamation project facility—

(i)

that is a reserved works 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

(5)

Qualifying entity

The term “qualifying entity” means an agency of a State or political subdivision of a State, a joint action or powers agency, a water users association, 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 pursuant to a contract with Reclamation; and

(B)

as determined by the Secretary, has the capacity to continue to manage the eligible facility for the same purposes for which the property has been managed under the reclamation laws.

(6)

Reclamation

(7)

Reclamation project

The term “Reclamation project” means—

(A)

any reclamation or irrigation project, including incidental features of the project—

(i)

that is authorized by the reclamation laws;

(ii)

that is constructed by the United States pursuant to the reclamation laws; or

(iii)

in connection with which there is a repayment or water service contract executed by the United States pursuant to the reclamation laws; or

(B)

any project constructed by the Secretary for the reclamation of land.

(8)

Reserved works

The term “reserved works” means any building, structure, facility, 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

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

cite as: 43 USC 2902