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Reclamation Title Transfer (43 USC Ch. 47)

Country/Territory
United States of America
Document type
Legislation
Date
2020
Source
FAO, FAOLEX
Subject
Land & soil, Water
Keyword
Drainage/land reclamation Transfer Ownership Property rights Land tenure Public land Servitude Right of use Contract/agreement
Geographical area
Americas, Arctic, East Pacific, North America, North Atlantic
Abstract

This chapter concerns reclamation title transfer. It declares that the purpose of this chapter is to facilitate the transfer of title to Reclamation project facilities to qualifying entities on the completion of repayment of capital costs. Subject to the requirements of this chapter, the Secretary, without further authorization from Congress, may, on application of a qualifying entity, convey to a qualifying entity all right, title, and interest of the United States in and to any eligible facility, if (A) not later than 90 days before the date on which the Secretary makes the conveyance, the Secretary submits to Congress (i) a written notice of the proposed conveyance; and (ii) a description of the reasons for the conveyance; and (B) a joint resolution disapproving the conveyance is not enacted before the date on which the Secretary makes the conveyance. The Secretary may reserve an easement over a conveyed property if (1) the Secretary determines that the easement is necessary for the management of any interests retained by the Federal Government under this chapter; (2) the Reclamation project or a portion of the Reclamation project remains under Federal ownership; and (3) the Secretary enters into an agreement regarding the easement with the applicable qualifying entity. No interests in water shall be conveyed under this chapter unless the conveyance is provided for in a separate, quantified agreement between the Secretary and the qualifying entity, subject to applicable State law and public process requirements.

Full text
English
Website
uscode.house.gov