Sec. 242. Authorization of title transfer program
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/bill/114/s/1837/is/section-242·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary may establish a program that— identifies and analyzes the potential for public benefits from the transfer out of Federal ownership of eligible facilities, including analyses of the financial, operational, and environmental characteristics of the eligible facilities proposed for transfer; and facilitates the transfer to qualifying entities of the title to eligible facilities to promote more efficient management of water and water-related facilities. The Secretary may convey to a qualifying entity all right, title, and interest of the United States in and to any eligible facility, subject to paragraphs
(2)through (6), if— the Secretary notifies Congress in writing of the proposed conveyance at least 90 days before the date on which the Secretary makes the conveyance; and Congress does not pass a joint resolution disapproving the conveyance before such date. If the entity that operates an eligible facility at the time that the Secretary attempts to facilitate the transfer of title under subsection (a)(2) is a qualifying entity, that entity shall have the right of first refusal to receive the conveyance under paragraph (1). The Secretary may reserve an easement over a conveyed property if the Secretary determines that the easement is necessary for the management of any interests retained by the Federal Government under this chapter. The Secretary shall retain any mineral interests associated with a conveyed property. The mineral interests retained under subparagraph
(A)shall be managed— consistent with Federal law; and in a manner that would not interfere with the purposes for which the reclamation project was authorized. No interests in water shall be conveyed under this chapter unless the conveyance is provided for in writing in an agreement between the Secretary and the qualifying entity. Title transfers under this section shall be carried out consistent with— this chapter; and any additional criteria or procedures that the Secretary determines to be in the public interest. As a condition of obtaining title to an eligible facility, the qualifying entity shall agree to use the eligible facility for substantially the same purposes the eligible facility is being used for during the period in which the eligible facility was under reclamation ownership.