43 U.S.C. § 2902 Definitions

LibraryUnited States Statutes
Edition2023 Edition
CurrencyCurrent through P.L. 118-19 (published on www.congress.gov on 10/06/2023)

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

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