Title 43 — Public LandsRelease 119-73not60

§2906 Benefits

Title 43 › Chapter 47— RECLAMATION TITLE TRANSFER › § 2906

Last updated Apr 5, 2026|Official source

Summary

When an eligible facility is transferred under these rules, the land and buildings stop being treated as part of a Reclamation project. The new owner normally cannot get project benefits, including project use power, except only those benefits that a similar non‑Reclamation property would get. The new owner can keep getting project use power only if three things are true: the owner was getting project use power on March 12, 2019; the electricity will be used to deliver Reclamation project water; and the Secretary and the owner sign an agreement where the owner keeps paying its fair share of operation, maintenance, and capital costs for the federal facilities that generate or deliver the power, at Reclamation project use power rates.

Full Legal Text

Title 43, §2906

Public Lands — Source: USLM XML via OLRC

After a conveyance of an eligible facility under this chapter—

(1)the conveyed property shall no longer be considered to be part of a Reclamation project;

(2)except as provided in paragraph (3), the qualifying entity to which the conveyed property is conveyed shall not be eligible to receive any benefits, including project use power, with respect to the conveyed property, except for any benefit that would be available to a similarly situated entity with respect to property that is not a part of a Reclamation project; and

(3)the qualifying entity to which the conveyed property is conveyed may be eligible to receive project use power if—

(A)the qualifying entity is receiving project use power as of March 12, 2019;

(B)the project use power will be used for the delivery of Reclamation project water; and

(C)the Secretary and the qualifying entity enter into an agreement under which the qualifying entity agrees to continue to be responsible for a proportionate share of operation and maintenance and capital costs for the Federal facilities that generate and deliver, if applicable, power used for delivery of Reclamation project water after the date of conveyance, in accordance with Reclamation project use power rates.

Reference

Citations & Metadata

Citation

43 U.S.C. § 2906

Title 43 — Public Lands

Last Updated

Apr 5, 2026

Release point: 119-73not60