43 U.S.C. § 2906

Current through P.L. 118-78 (published on www.congress.gov on 07/30/2024)

Section 2906 - Benefits

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.

43 U.S.C. § 2906

Pub. L. 116-9, title VIII, §80068006,, 133 Stat. 808.

Reclamation project: The term "Reclamation project" means-(A) any reclamation or irrigation project, including incidental features of the project-(i) that is authorized by the reclamation laws;(ii) that is constructed by the United States pursuant to the reclamation laws; or(iii) in connection with which there is a repayment or water service contract executed by the United States pursuant to the reclamation laws; or(B) any project constructed by the Secretary for the reclamation of land.
Secretary: The term "Secretary" means the Secretary, acting through the Commissioner of Reclamation.
conveyed property: The term "conveyed property" means an eligible facility that has been conveyed to a qualifying entity under section 2903 of this title.
eligible facility: The term "eligible facility" means a facility that meets the criteria for potential transfer established under section 2904(a) of this title.
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.
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(B) as determined by the Secretary, has the capacity to continue to manage the eligible facility for the same purposes for which the property has been managed under the reclamation laws.