§2903 Authorization of Transfers of Title to Eligible Facilities

Summary

The Secretary may transfer full ownership of an eligible facility to a qualifying entity without extra approval from Congress if certain steps are followed. The Secretary must send Congress a written notice and a statement of reasons at least 90 days before the transfer. The transfer cannot go forward if Congress enacts a joint resolution disapproving it before the transfer date. The transfer must be done by a written agreement between the Secretary and the qualifying entity, made after consulting any affected water and power customers. The Secretary may keep an easement on the property if needed to manage federal interests, if part of the project stays federally owned, and if the Secretary and the qualifying entity agree to the easement. Water rights are not transferred unless they are set out in a separate, specific agreement that follows State law and public process.