Laserfiche WebLink
<br />002889 <br /> <br />Reclamation will comply with National Environmental Policy Act and other applicable laws in <br />all transfers.3 <br /> <br />All transfers must ensure the United States' Native American trust responsibilities are satisfied. <br />In addition, outstanding Native American claims that are directly pending before the <br />Department and that would be directly affected by the proposed transfer will be resolved prior <br />to transfer. <br /> <br />Reclamation officials will meet with representatives from all interested Federal and State <br />agencies to consider their concerns early in the transfer process. <br /> <br />Potential transferees must be competent to manage the project and be willing and able to fulfill <br />all legal obligations associated with taking ownership of that project, including compliance <br />with Federal, State, and tribal laws that apply to facilities in private ownership and assumption <br />of full liability for all matters associated with ownership and operation of the transferred <br />facilities. Potential transferees must be able to demonstrate the technical capability to maintain <br />project safety on a permanent basis and an ability to meet financial obligations associated with <br />the project. <br /> <br />In general, it is Reclamation's expectation that, upon the transfer of title to a project, its <br />jurisdiction over that project will be divested. Reclamation further recognizes that in some <br />cases the complete divestiture of jurisdiction may not be attainable because the transferee still <br />receives water supplied from a Reclamation facility, or only a portion of the project was <br />transferred and the rest of the project remains in Federal ownership, or there are other <br />extenuating circumstances. The degree to which the Reclamation Reform Act of 1982 will <br />apply following transfer will be negotiated on a case-by-case basis. <br /> <br />The financial interests of the Government and general taxpayers will be protected. Transferees <br />must agree to fair and equitable terms based upon the factual circumstances associated with <br />each project. (See attachment which describes the valuation of projects.) Transferees will be <br />expected to pay upfront the estimated transaction costs, such as costs associated with <br /> <br />3 Reclamation is proceeding to develop a new Categorical Exclusion (CE) for those title <br />transfers which would not significantly impact the environment and thus could be categorically <br />excluded from a detailed NEPA review. Generally, Reclamation would anticipate such a CE <br />would apply on projects involving transfer of title of Reclamation projects or facilities, in <br />whole or in part, to entities who would operate and maintain the facilitieS or manage the lands <br />so that there would be no significant changes in operation and maintenance or in land and <br />water use in the reasonably foreseeable future. It is Reclamation's expectation that a CE <br />would apply to a relatively small number of projects, i.e. some of the small single-purpose <br />projects where no change in use is anticipated after the transfer. <br /> <br />4 <br />