123STA T . 13 9 2 PUBLIC LA W 111 – 11 —M A R .3 0, 2009 SEC.106 0 5 . NAV A JO NA TI ON MU NICI P A L PIPELINE. (a)USEOFNAV A J ONA TI O NP I P E L INE .—In a d d it i o nto use o f t h eNa v a j o Nation M uni c i p a l Pipeline to conve y the A ni m as -L a Plata P r oject w ater of the Nation , the Nation may use the Navajo Nation Municipal Pipeline to convey non-Animas La Plata Project water for municipal and industrial purposes. ( b ) C ONVE Y AN C EOF T ITLE TO PIPELINE.— ( 1 )IN G ENE R AL.— O n completion of the Navajo Nation Municipal Pipeline, the S ecretary may enter into separate a g reements with the City of F armington, New Me x ico and the Nation to convey title to each portion of the Navajo Nation Municipal Pipeline facility or section of the Pipeline to the City of Farmington and the Nation after execution of a Project operations agreement approved by the Secretary, the Nation, and the City of Farmington that sets forth any terms and conditions that the Secretary determines are necessary. ( 2 ) CONVEYANCE TO T H E CITY OF FAR M INGTON OR NAVAJO NATION.—In conveying title to the Navajo Nation Municipal Pipeline under this subsection, the Secretary shall convey— (A) to the City of Farmington, the facilities and any land or interest in land ac q uired by the United States for the construction, operation, and maintenance of the Pipeline that are located within the corporate boundaries of the City
and ( B ) to the Nation, the facilities and any land or interests in land acquired by the United States for the construction, operation, and maintenance of the Pipeline that are located outside the corporate boundaries of the City of Farmington. ( 3 ) E FFECT OF CONVEYANCE.—The conveyance of title to the Pipeline shall not affect the application of the Endangered Species Act of 1 97 3(1 6 U.S.C. 1 5 31 et seq.) relating to the use of water associated with the Animas-La Plata Project. ( 4 ) LIA B ILITY.— (A) IN GENERAL.—Effective on the date of the convey- ance authori z ed by this subsection, the United States shall not be held liable by any court for damages of any k ind arising out of any act, omission, or occurrence relating to the land, buildings, or facilities conveyed under this subsection, other than damages caused by acts of negligence committed by the United States or by employees or agents of the United States prior to the date of conveyance. (B) TORT CLAIMS.—Nothing in this subsection increases the liability of the United States beyond the liability pro- vided under chapter 171 of title 2 8 , United States Code (commonly known as the ‘ ‘Federal Tort Claims Act ’ ’). (5) NOTICE OF PROPOSE D CONVEYANCE.—Not later than 45 days before the date of a proposed conveyance of title to the Pipeline, the Secretary shall submit to the Committee on Nat- ural R esources of the H ouse of Representatives and the Com- mittee on Energy and Natural Resources of the Senate, notice of the conveyance of the Pipeline. SEC. 10606. AUT H O R I Z ATION O F CONJUNCTIVE USE W ELLS. (a) CONJ U NCTIVE G ROUND W ATER D EVELOPMENT PLAN.—Not later than 1 year after the date of enactment of this Act, the Deadlin e . Deadline. Ef fe ct i v e date.
