Eligibility criteria

The Secretary shall establish criteria for determining whether a facility is eligible for conveyance under this chapter. to accept title to the eligible facility; to use the eligible facility for substantially the same purposes for which the eligible facility is being used at the time the Secretary evaluates the potential transfer; and to provide, as consideration for the assets to be conveyed, compensation to the reclamation fund established by section 391 of this title, in an amount that is the equivalent of the net present value of any repayment obligation to the United States or other income stream that the United States derives from the eligible facility to be transferred, as of the date of the transfer. be able to enter into an agreement with the qualifying entity with respect to the legal, institutional, and financial arrangements relating to the conveyance; would not have an unmitigated significant effect on the environment; in the role as trustee for federally recognized Indian Tribes; and to ensure compliance with any applicable international and Tribal treaties and agreements and interstate compacts and agreements; is in the financial interest of the United States; protects the public aspects of the eligible facility, including water rights managed for public purposes, such as flood control or fish and wildlife; complies with all applicable Federal and State law; and will not result in an adverse impact on fulfillment of existing water delivery obligations consistent with historical operations and applicable contracts; and the eligible facility continues to comply with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) in a manner that provides no less protection to the listed species as existed under Federal ownership; and the eligible facility is not part of the Central Valley Project in the State of California. land acquired by the Secretary; or the Secretary determines in writing that the withdrawn land is encumbered by facilities to the extent that the withdrawn land is unsuitable for return to the public domain; and the qualifying entity agrees to pay fair market value based on historical or existing uses for the withdrawn land to be conveyed. No conveyance under this chapter shall adversely impact applicable Federal power rates, repayment obligations, or other project power uses. The criteria established under subsection (a) shall include a requirement that a qualifying entity shall agree— The criteria established under subsection (a) shall include a requirement that the Secretary shall— determine that the proposed transfer— is consistent with the responsibilities of the Secretary— if the eligible facility proposed to be transferred is a dam or diversion works (not including canals or other project features that receive or convey water from the diverting works) diverting water from a water body containing a species listed as a threatened species or an endangered species or critical habitat under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), determine that— The criteria established under subsection (a) shall require that any land to be conveyed out of Federal ownership under this chapter is— land withdrawn by the Secretary, only if— (Source: (Pub. L. 116–9, title VIII, § 8004, Mar. 12, 2019, 133 Stat. 806.))