Title 43, Public LandsRelease 119-102

§2906 Benefits

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

Last updated Aug 21, 2026|Official source

Summary

When an eligible facility is transferred under this chapter, the property is no longer part of a Reclamation project. The new owner generally cannot get Reclamation project benefits, including project use power, except for whatever benefits a similar non‑Reclamation property would receive. The new owner may keep receiving project use power only if three things are true: it was getting project use power on March 12, 2019; the power will be used to deliver Reclamation project water; and the Secretary and the new owner sign an agreement under which the owner continues to pay its proportionate share of operation, maintenance, and capital costs for the Federal facilities that generate and deliver that 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

Aug 21, 2026

Release point: 119-102