Title 43Public LandsRelease 119-73

§2902 Definitions

Title 43 › Chapter CHAPTER 47— - RECLAMATION TITLE TRANSFER › § 2902

Last updated Apr 6, 2026|Official source

Summary

Defines key words used in the chapter. Conveyed property means an eligible facility that has been transferred to a qualifying entity under the chapter’s transfer rules. Eligible facility means a facility that meets the chapter’s criteria for possible transfer under section 2904(a). Facility covers things like dams, canals, laterals, ditches, gates and control structures, pumping stations, other infrastructure, recreation sites, buildings, distribution and drainage works, and nearby land or water interests. Facility does not include a Reclamation project facility, or part of one, that was a reserved works on March 12, 2019; that produces hydropower sold by a Federal power marketing administration; or that is managed for recreation under a lease, permit, license, or similar agreement that does not contribute to capital repayment. Project use power means the electricity and related services needed to run or maintain Reclamation project facilities as allowed by the project’s authorization. Qualifying entity means a State agency, local government, joint action or powers agency, water users association, or Indian Tribe/Tribal utility authority that, as of the date of conveyance, is the current operator under a contract with Reclamation and that the Secretary finds has the ability to keep managing the facility for the same purposes. Reclamation means the Bureau of Reclamation. Reclamation project means an irrigation or reclamation project (including incidental parts) that is authorized or built under the reclamation laws or tied to a repayment or water service contract with the United States, or any project the Secretary builds to reclaim land. Reserved works means Bureau-owned buildings, structures, facilities, or equipment for which operations and maintenance are performed, regardless of the source of funding, either by a Bureau employee or under a contract entered into by the Commissioner. Secretary means the Secretary acting through the Commissioner of Reclamation.

Full Legal Text

Title 43, §2902

Public Lands — Source: USLM XML via OLRC

In this chapter:
(1)The term “conveyed property” means an eligible facility that has been conveyed to a qualifying entity under section 2903 of this title.
(2)The term “eligible facility” means a facility that meets the criteria for potential transfer established under section 2904(a) of this title.
(3)(A)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)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)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 facilities in accordance with the authorization for the Reclamation project.
(5)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)The term “Reclamation” means the Bureau of Reclamation.
(7)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)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)The term “Secretary” means the Secretary, acting through the Commissioner of Reclamation.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

43 U.S.C. § 2902

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73