Title 43Public LandsRelease 119-73

§2903 Authorization of transfers of title to eligible facilities

Title 43 › Chapter CHAPTER 47— - RECLAMATION TITLE TRANSFER › § 2903

Last updated Apr 6, 2026|Official source

Summary

The Secretary may transfer full federal ownership of an eligible facility to a qualifying entity without needing a new act of Congress. The Secretary must send Congress a written notice and an explanation at least 90 days before the transfer. The transfer can go ahead only if Congress does not pass a joint resolution rejecting it before the transfer date. The transfer is done by a written agreement made with input from any water or power customers who will be affected. The Secretary can keep an easement on the land if needed to manage any federal interests and if part of the project stays federally owned, but the easement must be agreed with the qualifying entity. Water rights cannot be transferred unless they are in a separate, specific agreement that follows State law and public process rules.

Full Legal Text

Title 43, §2903

Public Lands — Source: USLM XML via OLRC

(a)(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.
(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.
(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.
(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.

Reference

Citations & Metadata

Citation

43 U.S.C. § 2903

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73