Title 43, Public LandsRelease 119-110

§2902 Definitions

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

Last updated Sep 22, 2026|Official source

Summary

Defines key words used for transferring water and irrigation facilities under this chapter. Conveyed property — an eligible facility that has been transferred under section 2903. Eligible facility — a facility that meets the transfer rules in section 2904(a). Facility — things like dams, canals, ditches, gates, pumping stations, other infrastructure, recreational sites, buildings, distribution and drainage works, and related land or water interests. Facility exclusions — does not include Reclamation project facilities (or parts) that on March 12, 2019 were reserved works; that produce hydropower sold by a Federal power marketing administration; or that are managed for recreation under a lease, permit, license, or other agreement that does contribute to capital repayment. Project use power — the electric capacity, energy, and related services needed to run or maintain Reclamation project facilities as authorized. Qualifying entity — a State or local agency, joint agency, water users group, or Indian Tribe/Tribal utility that is the current operator under a Reclamation contract at conveyance and that the Secretary finds can keep managing it. Reclamation — the Bureau of Reclamation. Reclamation project — a reclamation or irrigation project authorized or built under the reclamation laws, or tied to a repayment or water service contract, and any project the Secretary builds to reclaim land. Reserved works — Bureau-owned buildings, structures, facilities, or equipment for which operations and maintenance are done by a Bureau employee or under a contract entered by the Commissioner, regardless of funding source. Secretary — 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)Conveyed property
The term “conveyed property” means an eligible facility that has been conveyed to a qualifying entity under section 2903 of this title.
(2)Eligible facility
The term “eligible facility” means a facility that meets the criteria for potential transfer established under section 2904(a) of this title.
(3)Facility
(A)In general
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)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
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)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
The term “Reclamation” means the Bureau of 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
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 43, Public Lands

Last Updated

Sep 22, 2026

Release point: 119-110