Title 43, Public LandsRelease 119-110

§2903 Authorization of Transfers of Title to Eligible Facilities

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

Last updated Sep 22, 2026|Official source

Summary

Allows the Secretary to transfer full ownership of an eligible facility to a qualifying entity without new approval from Congress if the Secretary gives Congress a written notice and reasons at least 90 days before the transfer and Congress does not pass a joint resolution to stop it before the transfer. The transfer must be done in a written agreement between the Secretary and the qualifying entity, made after consulting any current water and power customers who would be affected. The Secretary may keep an easement over the property if needed to manage federal interests, if part of the project stays federal, and if there is an agreement about the easement. Any water rights can only be transferred 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)Authorization
(1)In general
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)Consultation
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)Reservation of easement
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)Interests in water
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 43, Public Lands

Last Updated

Sep 22, 2026

Release point: 119-110