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<br />888200 <br /> <br />Following are the six major criteria that must be met before any project is transferred: <br /> <br />I} The Federal Treasury, and thereby the taxpayer's financial interest, must be protected <br />2} There must be compliance with all applicable State and Federal laws <br /> <br />3} Interstate compacts and agreements must be protected <br />4} The Secretary's Native American trust responsibilities must be met <br /> <br />5} Treaty obligations and international agreements must be fulfilled <br />6} The public aspects of the project must be protected <br /> <br />GENERAL GUIDANCE FOR DETERMINING PROTF..cTS ELIGmLE FOR <br />TRANSFER <br /> <br />Reclamation Area offices will review projects nominated by an interested transferee and will <br />pursue negotiations regarding those projects where the issues associated with transfer are <br />relatively easy to resolve. This could include projects with multiple purposes and numerous <br />stakeholders, but only if it is clear that outstanding issues are resolved and that there is <br />consensus among the stakeholders. <br /> <br />Reclamation will not initiate negotiations on those projects where title transfer will involve a <br />protracted process to ensure that the six criteria listed above are met. <br /> <br />Generally, Reclamation will not pursue transfer of powerhouses and generating facilities where <br />power is marketed by the Power Marketing Administrations or where such power is used for <br />purposes not directly associated wi.th project purposes. <br /> <br />GENERAL GUIDELTNRC;; APPLYING m TRANSFERS <br /> <br />All transfers will be voluntary. <br /> <br />Reclamation's intent is to transfer projects to current project beneficiaries, including non- <br />Federal governmental entities, or to entities approved by the current beneficiaries. <br /> <br />All transfers must have the consent of other project beneficiaries. If another beneficiary raises <br />substantive objections which cannot be resolved, the project will remain in Federal ownership. <br /> <br />3 <br />