Sec. 244. Eligibility criteria
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/bill/114/s/1837/is/section-244·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary shall establish criteria for determining whether facilities are eligible for conveyance under this chapter. The criteria established under subsection
(a)shall include a requirement that a qualifying entity agree— to accept title to the eligible facility; to accept all liability for the eligible facility, except as otherwise provided in section 245; to use the eligible facility for substantially the same purposes the eligible facility is being used for at the time the Secretary evaluates the potential transfer; and to provide, as consideration for the assets to be conveyed, compensation to the United States in an amount that is the equivalent of the net present value of any repayment obligation to the United States or other income stream the United States derives from the eligible facility to be transferred as of the date of the transfer, including any costs previously deemed beyond the irrigator’s ability to pay and reassigned to project power customers for repayment. The criteria established under subsection
(a)shall include a requirement that the Secretary, in consultation with the Governor of any State in which the project is located, determine that the proposed transfer— would not have an unmitigated significant effect on the environment; is uncomplicated, based on, as determined by the Secretary— there being no significant opposition to the proposed transfer; the eligible facility not being hydrologically, operationally, or financially integrated with other Federal or non-Federal water projects; the eligible facility not generating electric power sold to, or eligible to be sold to, power customers (other than the project itself); and the parties to the transfer being able to reach agreement on legal, institutional, and financial arrangements relating to the conveyance; is consistent with the responsibility of the Secretary— to protect land and water resources held in trust for federally recognized Indian tribes; and to ensure compliance with any applicable international treaties and interstate compacts; and is in the financial interest of the United States. The Secretary shall make publically available information on how the Secretary made the determinations under subparagraph (A). The criteria established under subsection
(a)shall require that any land to be conveyed out of Federal ownership under this Act is— land acquired by the Secretary; or land withdrawn by the Secretary, only if— the Secretary determines in writing that the withdrawn land is encumbered by reclamation project facilities to the extent that the withdrawn land is unsuitable for return to the public domain; and the qualifying entity agrees to pay fair market value for the withdrawn land to be conveyed.