124 STAT. 3103 PUBLIC LAW 111–291—DEC. 8, 2010 jurisdiction prior to the granting of an easement or right- of-way in connection with the construction of the MR&I System. (2) LAND ACQUIRED BY THE UNITED STATES.—Land acquired by the United States in connection with the construction of the MR&I System authorized by this section shall be held in trust by the United States on behalf of the Tribe as part of the Reservation of the Tribe. (h) CONVEYANCE OF TITLE TO MR&I SYSTEM FACILITIES.—— (1) IN GENERAL.—The Secretary shall convey title to each MR&I System facility or section of a MR&I System facility authorized under subsection (a) to the Tribe after completion of construction of a MR&I System facility or a section of a MR&I System facility that is operating and delivering water. (2) LIABILITY.— (A) IN GENERAL.—Ef fective on the date of the convey- ance authorized by this subsection, the United States shall not be held liable by any court for damages of any kind 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 section increases the liability of the United States beyond the liability pro- vided in chapter 171 of title 28, United States Code (com- monly known as the ‘‘Federal Tort Claims Act’’). (3) NOTICE OF PROPOSED CONVEYANCE.—Not later than 45 days before the date of a proposed conveyance of title to any MR&I System facility, the Secretary shall submit to the Com- mittee on Natural Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate notice of the conveyance of each such MR&I System facility or section of a MR&I System facility. (4) MR&I SYSTEM OM&R OBLIGATION OF THE FEDERAL GOVERNMENT AFTER CONVEYANCE.—The Federal Government shall have no obligation to pay for the operation, maintenance, or replacement costs of the MR&I System beginning on the date on which— (A) title to any MR&I System facility or section of a MR&I System facility under this subsection is conveyed to the Tribe; and (B) the amounts required to be deposited in the MR&I System OM&R Account pursuant to section 411 have been deposited in that account. (i) AUTHORITY OF TRIBE.—Upon transfer of title to the MR&I System or any section of a MR&I System facility to the Tribe in accordance with subsection (h), the Tribe is authorized to collect water use charges from customers of the MR&I System to cover— (1) MR&I System OM&R costs; and (2) any other costs relating to the construction and oper- ation of the MR&I System. (j) ALIENATION AND TAXATION.—Conveyance of title to the Tribe pursuant to subsection (h) does not waive or alter any applicable Federal law prohibiting alienation or taxation of the MR&I System or the underlying Reservation land. Deadline. Effective date.
Page:United States Statutes at Large Volume 124.djvu/3129
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